With a pretty straightforward agenda before them, the Marion Conservation Commission spent most of its time on March 27 issuing one enforcement order and resolving another.
Enforcement and cease and desist orders were issued to M.P. O’Leary and K.J. Welch for their property at 82 West Avenue on Planting Island. The commission received a citizen inquiry regarding work occurring at the site, and members of the commission visited the location on Sunday, March 24.
Brush had been cleared from the site, truckloads of fill material were brought in, and boulders were placed at edge of the lawn. The entire site is in the V-zone, Chairman Jeff Doubrava observed, and includes other resource areas such as a barrier beach, salt marsh, and possibly coastal dunes. In addition, the entire site is within priority habitat of rare species.
Vice Chairman Shaun Walsh expressed frustration about the wetland violation, saying, “It’s really discouraging. There were three contractors that went to this site and did the work. Any contractor on Planting Island, on the seaward side, [knows to] advise your client to check with the conservation commission.”
Per the enforcement order, a notice of intent must be filed within 30 days of the issuance of the order. No other work may occur at the site until a public hearing has been held and a permit is issued.
“Maybe the homeowner didn’t know [to notify the commission],” commented Doubrava, “but the three contractors should have known.”
The Piney Point Beach Club filed a notice of intent, addressing concerns the commission had raised in an enforcement order issued by them on June 27, 2018.
The Marion harbormaster notified the commission on June 20, 2018 that there was sand being spread by heavy equipment on the beach from below the low tide mark to above the high tide mark. The beach club had an order of conditions at the time, allowing up to 20 yards of sand to be spread by hand up to a depth of 6 inches directly in front of the beach pavilion.
In this evening’s notice of intent, the beach club, represented by Susan Nilson of Foth-CLE Engineering Group, proposed numerous maintenance activities on the property located at 93 and 96 Piney Point Road. The entire site, Nilson observed, is within the commission’s jurisdiction, and therefore the beach club was providing a comprehensive list of all the activities they contemplated performing on the site.
In addition to resurfacing the tennis courts, epoxying cracks in the concrete walkways, and maintaining the dense aggregate stone roadways, the most significant activity the beach club proposed was beach nourishment of up to 720 yards of sand above the mean high tide mark to a depth of 6 inches.
Commission member Kristen Saint Don-Campbell questioned the use of machinery on the beach and the depth of 6 inches across the length of the shoreline. Nilson stated that the proposal was for “up to 6 inches of sand annually above the high tide line across the whole property,” placed where the loss from storms and wave action occurred.
“[The beach club shoreline] is not a highly erosive shoreline,” Nilson said. ”The morphology doesn’t change significantly, unless the wind is in the right direction.”
Commission member Marc Belanger suggested that it should be stated unambiguously that it was a maximum of 720 yards and no more than 6 inches in one location. Nilson responded that it is important to reference the plan, where this is explicitly stated. Belanger reminded her that members of boards and commissions change, and having it explicitly written in the permit will be important.
The beach club also requested permission for the removal of seaweed by hand and by small machinery if there was “significant” accumulation. Walsh asked if the beach was used by migratory shorebirds, who would forage in the seaweed, and Nilson noted that the beach is not mapped for rare species.
Nilson also asked that the beach club be allowed to prune beach vegetation such as rosa rugosa and beach grass in order to stall their encroachment into the playground area and parking lot.
In the order of conditions issued this evening, the commission stated that the seaweed removal would be allowed only between Memorial and Labor Days – and only when accumulation is significant – with a 48-hour notice and subsequent expressed approval of the commission.
Also during the meeting, the commission issued a negative determination for the installation of a handicapped access ramp at the Mary Celeste Neighborhood Lounge located at 153 Front Street. The ramp, located on the left side of the building, will extend from the front of the building and wrap around the back of the building to the handicapped parking space.
A negative determination was also issued to Robert F. and Mary M. Merrow for the construction of a new single-family residence on Pasture Lane. Carmelo Nicolosi of Charon & Associates said most of the work would occur outside the buffer zone. There is a wetland line from a previous filing in 2000 that was relocated and flagged. The work will come no closer than 75 feet from any wetland flag. The four-bedroom house will have a six-bedroom capacity, on-site septic system, and town water. There will be some tree clearing in the southeast corner, and some fill will be brought in to maintain the 48-inch groundwater separation required by the Board of Health.
The hearing for Cynthia and John Paliotta was continued again, after the commission visited the site at 119 Converse Road to identify the four trees the Paliottas want to remove for fear they will fall on their neighbor’s house. The Paliottas failed to mark the trees as the commission had requested; however, the commission “made the assumption” the trees in question were the four oaks beyond the permanent wetland markers near the water.
Walsh expressed some skepticism about the need to remove the trees described by the property owners. The trees, which all occur in the resource area, did not appear unhealthy, in Walsh’s opinion.
“My impression looking at the trees … if in danger of falling, they would fall away from the house and into the wetland,” Walsh opined, adding later, “We try not to allow people to cut trees in a vegetated wetland.”
The hearing is continued until April 24 to give the Paliottas time to contact an arborist for an opinion on the condition of the trees.
The commission announced the resignation of associate member Dale Jones, reading aloud Jones’ March 19 letter to the Board of Selectmen. Belanger has been sworn-in as a full member of the commission, leaving the commission without any associate members to fortify the commission’s roster. Commission members expressed their appreciation of Jones’ service to the Town, and Doubrava acknowledged, “I’m sorry it didn’t work out.”
The next meeting of the Marion Conservation Commission is scheduled for April 10 at 7:00 pm at the Marion Town House.
Marion Conservation Commission
By Sarah French Storer