Marion’s Conservation Commission met on Wednesday, August 26, in the police station’s conference room, where they had a full agenda to tackle.
Commission membership was limited at the meeting, with only Chair John Walsh and Commissioner Matt Shultz present, along with two Associate Commissioners, Natalie Burgo and Tom Drechsler. Drechsler, being the more senior associate member, was asked to fill in and was granted voting authority by Walsh.
The meeting began with a Continued Public Meeting for Christina Galarza of 0 Hastings Road for a Request for Determination of Applicability for localized land maintenance and safety manicuring to address tripping hazards related to the property’s underbrush and create a safe tent-pitching area.
Town Planner Doug Guey-Lee was present remotely via Teams, and he recommended a dominance plant test to analyze wetland soil and plants on the property. He also said getting more information from the project architect would be beneficial. Walsh added that the entire site is within a flood zone and contains a natural heritage habitat with state-listed rare species potentially residing there.
Galarza was also present remotely and asked if any part of her “family’s estate” was usable land, not within a protected area.
Walsh clarified: “What I was talking about was, there’s a state agency called [the] Natural Heritage and Endangered Species Program, and they are tasked with ensuring the protection of wildlife habitat for what we call state-listed species. When you look at the online mapping, you can do an overlay of that priority habitat.”
The mapping software then showed that most of the land, aside from the land touching the road, on the property is within Natural Heritage’s designated “priority habitat” protected zone. Walsh clarified further that Natural Heritage will eventually look over the proposal during a Notice of Intent process and will issue its own determination.
Galarza pushed back, asking how this information was obtained if a survey was never conducted by her or her family.
Walsh responded, “What you’re asking is how does Natural Heritage, an endangered species program, come up with these maps? And I’m not going to answer on behalf of Natural Heritage because I don’t work for Natural Heritage. That’s a question that you can pose, or you could probably go on Natural Heritage Endangered Species Program’s website, and that would probably answer your question.”
At the end of its meeting, the commission voted to issue a Positive Determination of Applicability, which will now require the applicant to apply for a Notice of Intent and undergo further scrutiny.
Next began the Public Hearing for The Mary Ann Hubbard 2024 Revocable Trust of Front Street for a Notice of Intent for construction of a new single-family dwelling. Engineer Dave Davignon represented his client and detailed the proposed 28-by-38-foot, three-bedroom, two-story riverside home. The lot is on the north side of I-195, near the Rochester line.
Walsh noted a similar project on the same lot came before the commission in 2011, which was denied. He added the area is in a regular flood zone. It was agreed the previous, 15-year-old determination should be analyzed before a decision be rendered.
Guey-Lee noted the biggest point of reservation, as it was in 2011, would remain the wetland line and flood zone, as well as sewer conditions. In 2011, it was noted that proper sewer storage was not possible on previous plans. For public comments, abutters expressed concern over the proposed home’s proximity to the brook and its possible effect on flooding, with concern about a greater impact on neighboring properties.
Suzanne Considine of 670 Front Street noted that one winter, Benson Brook swelled and “literally turned into a pond. It was huge, and it came right up to the road, and I just don’t know how you could possibly build a house in that area.”
The Public Hearing was continued for roughly one month to the commission’s September 23 meeting.
The next meeting of the Marion Conservation Commission is scheduled for Wednesday, September 9, at 7:00 pm in the Marion Police Station.
Marion Conservation Commission
By Sam Bishop