Martignetti Moving Closer to Approval

            Carmine and Beth Martignetti’s twice-continued public hearing for shoreline improvements at 71 Moorings Road gained traction at the January 13 meeting of the Marion Conservation Commission.

            The Notice of Intent, which included removing a vertical stone/concrete wall, expanding on an existing coastal beach into an upland area, and reconstructing a stone jetty, was again continued to January 27 after discussion. But Dave Davignon from Schneider, Davignon & Leone, who presented on behalf of the applicant, detailed updates to plantings of beach grass, rosa rugosa, and other planting additions that had the proposal nearing the finish line.

            After discussion, the Conservation Commission requested permanent markers as a visible demarcation between the lawn area and the previously well-vegetated area now planted as outlined by Davignon. ConCom member Jeff Doubrava originally suggested a permanent marker, and member Cynthia Callow said they should be up and not flat. “I also think, given the history here, we have to be very specific as to what we want— how big, how wide, color …,” Callow said.

            “I’m in favor of a concrete boundary to be placed rather than the flat stone; folks that are going to be doing landscaping activities out there are going to understand that’s going to be 3 inches above grade. That’s going to be a better demarcation of where they’re allowed to mow and where they’re not allowed to mow,” said ConCom Chairman Paul Walsh.

            Davignon was to submit a revised plan including concrete markers 2 feet by 3 inches above grade at 20 feet on center. Five existing markers and an additional marker will be shifted to ensure the margin of error preserves rather than encroaches upon the areas meant to avoid being mowed. “With those revisions, I think we’ll be good to go and move to close the matter and move to an NOI,” said Walsh.

            Because ConCom members felt that saltmarsh is a sensitive and protected area, what began as an RDA filed by 418 Point Road Trust was replaced by an NOI for repairs and the replacement of a portion of a pile-support system of the boardwalk at that address. ConCom members visited the site on January 9.

            The Division of Marine Fisheries asked why the rotting piles could not be removed entirely and replaced. Davignon discussed challenges with different methods of executing the switch, and Walsh credited him with a thoughtful approach in trying to arrive at the least environmentally problematic process. Each piling will have four 4-by-6-foot beams.

            ConCom member Marc Bellanger asked if calculations had been done to determine the strength of the proposed support. Davignon said it wouldn’t be equal to a solid pile. Walsh said he’s never seen a pier repair like this one. He suggested measuring after a year or several months to see if shifting has occurred.

            Davignon said he would send a letter officially withdrawing the RDA. The hearing was continued to January 27.

            After discussion, Tabor Academy’s Request for Determination of Applicability to demolish Hayden Library, 85 Spring Street, and construct a new 22,750 square-foot Campus Center on the site was continued to January 27. Bob Field of Field Engineering represented Tabor and explained that the plan calls for Hayden Library to be razed and for grading and utility work to commence in the flood zone as the new Campus Center. Field also summarized the plan for stormwater runoff, including a recharge area. At the time of the hearing, the Planning Board had the plan out to peer review. Walsh said a small percentage of the project is within ConCom’s jurisdiction.

            The Marion Lands Trust requested an amended Order of Conditions for changes to the entrance of the proposed driveway at Wareham Street, modified to eliminate the bend from the existing paved parking lot.  The MLT also seeks to modify the easterly property lines beginning at Wareham Street through an ANR plan process with the Marion Planning Board for the vacant land behind 369 and 371 Wareham Street. The hearing was continued to January 27.

            Bruce Pawelczyk filed an NOI to remove decks and walkways and construct a 12-by-24-foot addition to an existing side deck at 50 West Avenue. The decking will be replaced on the rear deck, and columns will be added to support a new upper deck. ConCom members visited the site on January 9. Brian Grady of GAF Engineering represented the applicant and said the project is not a full “tear-down, rebuild” but some exterior and interior work. The hearing was continued to January 27.

            Kittansett Club’s Notice of Intent to expand the existing overflow parking area located on the south side of the property at 11 Point Road has been continued for the fifth time per the applicant’s request. The hearing is now scheduled for February 12 at 7:00 pm. Doubrava suggested it is unfair to abutters to be denied the opportunity to comment through a number of continuances. Administrative Assistant Donna Hemphill confirmed that abutters are aware that Kittansett will be back on the February 12 agenda. The club has not been able to finalize a revised plan and is continuing to work with a key abutter.

            The Town of Marion filed an RDA to replace three fire hydrants at 33 Allen Street, 19 Holmes Street, and 17 Dexter Road. DPW Engineer Meghan Davis represented the town and explained that the three hydrants are within a flood zone. The hearing was continued to January 27.

            Two hearings were closed with favorable results.

            ConCom voted to award Richard and Faith Morningstar an Order of Conditions with stipulations to construct an inground swimming pool with associated perimeter patio and required grading at 8 Moorings Road. Davignon reported on proposed revisions to the southern corner, including a 15-foot radius around the bend closer to the pool patio and additional fill that will lessen wall exposure to 2 feet. It hasn’t been decided if it will be a chlorinated pool or a saltwater pool.

            A negative Determination of Applicability was issued to Aucoot Cove Properties, LLC in its continued RDA; the applicant requested a Chapter 91 License with the DEP Waterways Program for a pier, ramp, and floating dock structures at 98 Indian Cove Road. No work is proposed at the site, and a relatively small portion of the property falls into Marion’s jurisdiction, with the majority being in Mattapoisett.

            Ethan Gerber has been voted to a three-year term as a full member of the Conservation Commission.

            In the lone action item, ConCom voted to award Carolyn Martin, 282 Delano Road, an extension permit for the proposed construction of a residence. The property’s waterways license allows a five-year period of construction scheduled to end in November 2023, and the Order of Conditions expires at the end of February 2021. The awarded three-year extension permit will expire on February 28, 2024.

            The next meeting of the Marion Conservation Commission is scheduled for January 27 at 7:00 pm.

Marion Conservation Commission

By Mick Colageo

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