Rare Request Approved by ConCom

            In its only March 24 decision, the Marion Conservation Commission voted unanimously to approve an order of Resource Area Delineation, approving as accurate the resource areas as revised on March 22 in W. Dale Jones’ application.

            The Abbreviated Notice of Resource Area Delineation (ANRAD) that ConCom Chairman Shaun Walsh described as a rarely sought filing, confirms the research conducted by Jones’ representatives. Other members voting included Cindy Callow, Jeff Doubrava, Ethan Gerber and Marc Bellanger.

            In a public hearing continued from March 10, Jones had filed the ANRAD for review and confirmation of wetland resource area boundaries where he plans to build a house on Register Road. The resource areas are approved for three years, but Jones can file a request for extension should the end game face obstacles.

            Bob Gray, wetlands scientist, presented on behalf of the Joneses. Gray said that Walter Hartley conducted a street survey, and Walsh confirmed reception. The new survey marked intermittent streams and perennial streams.

            Walsh referenced his correspondence with DEP wetlands circuit rider Andrew Poyant for feedback regarding the stream. Poyant marked the stream perennial (establishing riverfront area) and noted the drought that ruled out the use of results between July 1, 2020 and January 7, 2021.

            Walsh commended the Joneses for identifying the remainder of the stream as it flows through Sippican Lands Trust property. Walsh said that information would inform present and future property owners as to their obligations.

            Three applicants filed new Notices of Intent that were heard, discussed, and subjected to March 20 site visits. After discussion, all three public hearings were continued to ConCom’s next scheduled meeting on Wednesday, April 14, at 7:00 pm.

            J. Thomas Bowler Jr. and Ellen Bowler filed their NOI for demolition of a single-family house built in 1986 to be replaced by a new house at 17 Moorings Road. The NOI also encompasses installation of a stone, recharge trench for roof runoff, construction of an in-ground swimming pool, associated filling and grading, and removal and replacement of trees and landscaping.

            The Bowlers were represented by Dave Davignon of Schneider, Davignon, & Leone Inc., plus representatives from the landscaping contractor and the non-profit development consultant greenGoat.

            Davignon said the proposed house is outside the buffer zone. “The intention is to tie into (town) sewer,” he said, noting that the existing septic system will remain in service until the sewer tie-in is complete. The new house will not sit in a DEP flood zone. The footprint will slide westerly.

            “The majority is what you see (on the site plan) will be done outside of the Conservation Commission’s jurisdiction,” said Davignon.

            The house will be built atop a shallow, crawl-space foundation. A tree that sits 20 feet from the sea wall in the northeast corner of the property will be removed. The retaining wall runs parallel to the shoreline. It will start out at 17 feet high (existing grade is 16 feet) and drops off to approximately 12 feet.

            John and Judith Wyman’s NOI at 12 Bell Guzzle Lane seeks to construct a 160 square-foot addition to their garage, a 296 square-foot carport requiring that several large trees be removed, a 120 square-foot expansion of their driveway, and 2,400 square feet of paving over a gravel driveway.

            Representing the Wymans, Rick Charon explained that the paving will help clear snow in the winter, as the owners plan on spending more time at the house.

            Charon said the garage is approximately the age of the house, which dates back to the 1960s. The house has no gutters, so rock will be added around the house. He characterized the work as low-impact. “We’re working with the wetland lines that are there,” he said.

            Walsh asked if there would be some material change to the depth under the stone surrounding the house. Charron said no, that the runoff had pooled away from the house, so it is best to leave the soil alone.

            “It’s not marshy,” said Walsh, having participated in the site visit. “To me, this is a buffer-zone project.”

            Christopher Kaplinsky’s NOI applies to construct a patio, retaining wall, planting bed, and deck reconstruction at 41 East Avenue.

            Chris Gilbert represented Klapinsky and told ConCom that the entire property is in a flood zone. He also noted that plans call for lowering the deck.

            According to Gilbert, the retaining wall would be placed 34 feet from the seawall. The patio would sit 41 feet and the deck 51 feet from the seawall. Work would be set no closer to 30 feet from the seawall. The retaining wall will max out at 3.5 feet high

            In other business, ConCom discussed a request for comments from the Board of Selectmen to assist the latter’s decision on the application for a special permit filed by Papa’s Real Estate, LLC on Luce Avenue to operate a propane storage facility. The application is scheduled for an April 20 public hearing with the selectmen.

            Bruce Hebbel, former New Bedford’s environmental project manager and former member of the Marion Conservation Commission circa 2006, has applied for an open associate membership with ConCom. Walsh hopes Hebbel will be on the April 6 Board of Selectmen’s agenda.

            The next meeting of the Marion Conservation Commission is scheduled for Wednesday, April 14, at 7:00 pm.

Marion Conservation Commission

By Mick Colageo

Leave A Comment...