Converse Road Subdivision Must File NOI

            With no public hearings on April 10, the Marion Conservation Commission took the opportunity to discuss other agenda items.

            The Zoning Board of Appeals sent a request for comment regarding a special permit application by 22 Cove Street LLC, which owns property located at 213 Converse Road, between Zora Road and Beach Street. The owners are seeking waivers from a number of requirements for the development of a subdivision.

            Administrative Assistant Lissa Magauran informed the commission that a Notice of Intent (NOI) had been filed for the parcel and will be heard at the next meeting on April 24, and this information will be passed on to the ZBA.

            In addition, there had been a complaint about unpermitted work occurring at the site, which ConCom member Marc Belanger investigated. Belanger noted that there was evidence of work on the site, which resulted from work that had occurred last summer. Vice Chairman Shaun Walsh reached out to engineer David Davignon, who has worked on plans for the site, and his opinion was that the owners or contractors would not work on the site without permission. This seemed to satisfy the commission.

            At their last meeting, the commission issued an enforcement order to M.P. O’Leary and K.J. Welch for their property at 82 West Avenue on Planting Island. The order pertained to work that had occurred at the site within resource areas under the commission’s jurisdiction. The entire site is within the V-zone, and includes other resource areas, including barrier beach and salt marsh.

            The commission received confirmation that the enforcement order was received by the owners on April 5, and the owners were ordered to cease and desist all work and install erosion control near any work that had occurred within three days of receipt of the letter.

            Chairman Jeff Doubrava, who was not at the meeting this evening and who lives near the property, had told Magauran he had not seen any work done on the site.

            The owners also must submit a Notice of Intent within 30 days of the issuance of the enforcement order.

            Walsh established that town counsel had not been copied on the letter, and suggested that if, after the commission’s site visit on April 20, it is clear the owners have not complied with the order, town counsel should be notified.

            In other business, the commission sent a reminder letter to The Cove, which has a longstanding enforcement order pursuant to a fence constructed by them within the conservation restriction held by the Town.

            At the last appearance before the commission back in January, Cove representative, Kathy Reed, had asked for time to allow for a member of the board to return from traveling. At that time, Walsh had suggested that The Cove determine by survey exactly where the fence was on the property, and come back before the commission with solutions to the violation. Magauran noted that she had been contacted by The Cove and had been asked for the commission’s personal email addresses. She did not comply, and told The Cove they should communicate with the commission through the commission office.

            The commission discussed an issue at the bottom of Ryder Street, where a culvert empties into the harbor adjacent to Burr Brothers and Tabor Academy. An accumulation of silt has developed to the degree that, at low tide, small boats moored in the location sit high and dry. Walsh remarked that, if it can be demonstrated that the Town is not adequately maintaining the catch basin, it could be argued the Town is responsible for the issue.

            The next meeting of the Marion Conservation Commission is scheduled for April 24 at 7:00 pm in the Marion Town House.

Marion Conservation Commission

By Sarah French Storer

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