Thomas Bowler was voted an Order of Conditions to conduct maintenance repairs to his 165-foot existing timber dock at 17 Moorings Road.
Meeting on January 11, the Marion Conservation Commission heard from Ben Foley of Foth, who represented Bowler with a presentation indicating plans to replace the “structural elements” supporting the residential, licensed dock. The project lists “in-kind replacement of various timber, conduit and hardwired components” and “full replacement of the timber stairs with new handrails.”
Acknowledging the straightforward project, Town Planner Doug Guey-Lee asked the Commission to consider the fact the entire staircase was missing during his site visit. “It’s almost so specific that I wondered in the implementation of this work, you discover an extra brace gone, would we be asking you to come back for an amendment?” he asked.
Guey-Lee directed his question more at the commissioners. In response, Conservation Commission Chairman Jeff Doubrava anticipates the applicant will come back for a Certificate of Compliance, and the Commissioners will take it from there.
The hearing was closed, and Commissioner Ethan Gerber took the lead on a motion for an Order of Conditions, including special conditions to avoid damage to coastal resource areas at the site.
Bracken Realty LLC was voted an Order of Conditions after filing a Notice of Intent for a proposed seawall, staircase improvement and a patio at 1 West Drive.
Representative Dave Davignon of Schneider, Davignon & Leone, Inc., said the applicant is looking to improve on what he described as “the scary access” (an uneven, stone staircase) down to the beach. The plan proposes to remove a portion of the vertical seawall in favor of a 6-to-1 sloped, 4-foot-wide walkway.
Acknowledging significant change in grade, the plan proposes erosion controls.
Doubrava, who visited the site, agreed on the adventurous beach access. He said he had no concerns based on the plan, but his motion included siltation fencing, hay bales and measures to manage roof runoff. The membership concurred.
Davignon’s plan for seawall repair and improvement at the Estate of Alexander Harcovitz at 17 Seaside Lane was not met with approval.
Representing Harcovitz, Davignon described the project as a very old home protected by multiple seawalls that require upgrade to a consistent, 10-foot dimension with the removal of random stones and boulders.
The state Division of Marine Fisheries sent a letter with comments that held weight with the Commission, the members of which had, as Shaun Walsh put it, “many concerns” with the project as designed. Walsh cited the vibrant marine life in the resource area.
Town Planner Doug Guey-Lee asked Davignon to take the comments from DMF and organize alternative designs that would resolve the footprint and regulatory constraints. “I’m happy to work with you on that,” said Guey-Lee.
The case was continued to January 25 at 7:00 pm.
In a continued public hearing, a Notice of Intent filed by Michael Popitz and Timothy Milbert was met with an Order of Conditions for the treatment and removal of invasive phragmites within the wetland resource area at 64 and 72 Indian Cove Road.
Acknowledging the expertise of Representative Brad Holmes of ECR, Commissioner Emil Assing expressed concerns about the methodology of herbicide treatment and mowing and sought the Commissioners’ feedback. Doubrava found more precedence in the plan, and Walsh suggested a condition limiting mowing and spraying beneficial and desirable species. Guey-Lee suggested incorporating a Natural Heritage agency letter in the decision.
In response to the Zoning Board of Appeals’ request for comment on Don Easterday’s application to build a garage at 52 Cove Circle, it was determined there are wetlands 63 feet from the proposed structure on the adjacent site. The Commission plans to recommend Easterday file a Request for Determination of Applicability with the Conservation Commission.
Guey-Lee discussed a recent heating-oil spill at 604 Point Road, resulting in an Emergency Order. Pads applied to the area are designed to absorb oil but not water. Guey-Lee said there is progress and no evidence of contamination of the wetlands at the site.
The Commission discussed its budget report for FY23 and voted to approve a level-funded budget for FY24. The funds are mainly used for educational/training purposes. The Commissioners also voted to accept its Annual Report.
The next meeting of the Marion Conservation Commission will be held on Wednesday, January 25, at 7:00 pm at the Police Station and also accessible live via Zoom.
Marion Conservation Commission
By Mick Colageo