Pools Find Measure of Progress

            Jennifer Fulton will get her new pool, while a more involved Notice of Intent filed by John and Pamela Lees was continued with a sense of optimism during the Marion Conservation Commission’s October 13 meeting.

            The Lees filed their NOI for reconstruction of a single-family house, the construction of an in-ground swimming pool, and the repair of a seawall together with associated site work at 49 Water Street.

            Representative Dave Davignon of Schneider, Davignon, & Leone, Inc., explained where the roof runoff will be caught and said that the existing boathouse will be demolished when construction is complete. There will be a leaching system to capture excess water from the patio area and put it back in the ground.

            Abutter Judy Rosbe asked about the process. Acknowledging the possibility that the applicant has received other approvals outside the purview of the commission, Walsh asked Davignon, who interpreted Rosbe’s as a zoning question. Davignon said no variances are being sought and that setbacks are being kept according to the bylaws.

            Relaying a neighbor’s concerns, Rosbe also asked if a fence is planned. Davignon said he believes there is some kind of fencing required but wasn’t sure if a fence was mandated. Saltwater filters will be used in the pool.

            Citing the delivery of the revised plan only a day before the October 13 meeting, Walsh suggested a continuance and asked Davignon to revise the plan to include the buffer-zone line. The applicant was amenable, and Davignon further invited any more feedback to be relayed through Conservation Agent Doug Guey Lee.

            The board voted to continue the hearing to Wednesday, October 27, at 7:00 pm.

            Fulton filed her NOI for construction of a wooden deck, pool, spas, and associated grading and utilities on land subject to coastal storm flowage at 756 Point Road.

            After conducting a site visit, Guey Lee asked the applicant’s representative about the lack of calculation in square footage in the presentation. Walsh pointed out that the square footage is listed at 30,000 square feet designated on the NOI.

            Faced with a choice of continuing the hearing or issuing an order of conditions limited to 30,000 square feet, commissioners Mark Bellanger, Jeff Doubrava, and Cynthia Callow agreed that more information would be beneficial but agreed to move the case.

            After ConCom voted to close the public hearing, Bellanger recommended an Order of Conditions including prevention of wildlife habitat, against pollution and exhibiting flood control, and including a retention fence, haybales, and a sump pump. Bellanger adopted Jeff Doubrava’s suggestion that the discharge of water from the swimming pool toward coastal bank, saltmarsh, or the harbor is strictly prohibited.

            ConCom voted to issue the Order of Conditions.

            Ethan Gerber recommended a Negative 2 determination of applicability, and the commissioners voted unanimously, allowing the Sippican Lands Trust to install a 20-foot osprey pole at 354 Point Road. The pole is to be installed in the shrubby area at the top of the marsh at the address.

            Walsh further explained that the pole would be set between two 6-inch square posts. Jim Bride and Alan Harris represented the SLT.

            ConCom member Emil Assing said he appreciates the osprey poles on the site and the SLT for stewarding those sites.

            Harris asked if maintaining the platforms require the filing of an RDA; Walsh said that a location change would require a filing but replacing supports for the poles on the same location would not.

            The commission voted Negative 2 and 3 determinations of applicability on Hugh Webb’s RDA to remove existing Rosa Rugosa plants and replace them with native plants, little bluestem, and love grass at Moorings Road. Callow added the condition that invasive plants shall be removed on the day they are cut. During the public hearing, Walsh requested the representative distinguish himself from the applicant in the application form. The commissioners addressed requests by the Zoning Board of Appeals for comment on three cases.

            On Janvrin Demler’s application at 80 Front Street, ConCom says that if the extension being planned falls within the flood zone, then Demler would be required to file with the Conservation Commission.

            Walsh does not believe that there are any wetlands in play relative to an application that Steve Sughrue, 663 Point Road, filed with the ZBA.

            Under correspondence, Walsh told the commission that Plymouth County Mosquito Control will be applying to conduct a Route 6 maintenance project meant to curb mosquito breeding.

            Walsh enthusiastically welcomed Guey Lee as the town’s new conservation agent. Lee also serves Marion as town planner.

            The Marion Conservation Commission is scheduled to meet on Wednesday, October 27, and November 10, at 7:00 pm.

Marion Conservation Commission

By Mick Colageo

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