A vote of approval by the Marion Conservation Commission on April 27 was a hollow victory for Omegon Nominee Trust in a Negative Determination of Applicability to upgrade two, existing, failed cesspools to Title 5 compliance with the installation of a 1,500-gallon concrete septic tank and chamber leaching area at 28 Landing Road.
Commissioner Jeff Doubrava questioned the necessity of the denitrification system since there is no change in ownership.
Referring to the Board of Health septic bylaw, project representative Dave Davignon of Schneider, Davignon & Leone, Inc. told Doubrava that while he agreed with the way Doubrava read the bylaw, he has since been denied such a variance in the vetting of an unrelated septic upgrade.
“They won’t grant you a waiver, even if it’s for a repair,” said Davignon, in whose estimation the denitrification system will require an additional $7,000 plus maintenance costs.
The three-bedroom house is, according to Davignon, an older home with an older septic system that has experienced a hydraulic failure. “The owner is looking to get this taken care of as soon as possible,” he said.
Commissioners visited the site on April 23.
Proposed is a Title 5 system with a 1,500-gallon tank, a fast system, a denitrification system and a new leaching field. Davignon said the project will require repouring the base of the patio.
“We’ve done the best we can. If we do test pits further up the hill, we’re going to get the same result,” said Davignon, noting the cost of the project.
Mathew Shultz was voted an Order of Conditions for his Notice of Intent to install a 38×16-foot swimming pool, patio area, associated fence and landscaped areas as well as an addition/expansion on the deck with a new landing at 459 Point Road.
A site visit was held on April 23, noting that the work is in the buffer zone but will not be any closer than 50 feet from the resource areas.
Representative Chris Merrill of Merrill Engineers summarized the work planned around the single-family house presently on the lot. He said a silt sock will be installed to protect the resource areas until the work is finished. He also pointed out on his site plan the various wetland markers and a cedar fence that will surround the project.
Commissioner Jeff Doubrava examined the potential of pool drainage toward the perennial stream. Walsh agreed there should be an ongoing condition that the pool drainage be controlled away from the perennial stream.
Conservation Agent Doug Guey-Lee visited the site in advance of the April 27 meeting and reported compliance with Marion regulations.
Commissioner Emil Assing recommended the members vote for conditions to request the owner maintain a minimum of 20 feet of additional siltation fencing or 10 hay bales on site and avoid draining the pool toward the perennial stream.
Jonathan and Jill Castle were voted an Order of Conditions for their Notice of Intent to raze an existing garage and shed and construct additions to a single-family home with a connector to a new garage with associated site work including a new driveway and parking areas, new site drainage and the addition of 1 to 4 feet of fill at 406 Point Road.
Walsh said the hearing was continued to have the landscape architect submit the landscape plan and also have representative Rick Charron note on his engineering plans for the hardscape. Charron noted that the applicant is also seeking a variance from the Board of Health from setback requirements.
Special conditions were made relative to erosion control and stormwater runoff. All conditions under roads were eliminated.
In other business, the commissioners discussed authorizing agents to sign on behalf of commissioners after votes. Doubrava said, years ago, the commissioners each signed a document subject to their review. “Now we sign a blank check,” he said. “I’m not trying to assert anything,” but Doubrava said checks and balances are already not what they once were, and the measure would further erode that sense of assurance. The Conservation Commission is awaiting a response from Town Counsel on the matter.
The commission voted to issue a Certificate of Compliance for the Marion Department of Public Works for drainage-swale work done at 102 Front Street.
John and Pamela Lees requested a continuance on their Notice of Intent for the reconstruction of a single-family house, including an inground swimming pool along with repair of a seawall, at 49 Water Street. The commission voted to continue the public hearing to May 11 at 7:00 pm.
The next meeting of the Marion Conservation Commission is scheduled for Wednesday, May 11, at 7:00 pm.
Marion Conservation Commission
By Mick Colageo