Shortened Pier Approved with Conditions

            The controversial case of the pier construction planned for 122 Register Road helped make the September 22 Conservation Commission meeting last over four hours.

            The application filed by 122 Register Road, LLC for an amended Order of Conditions to reduce the length of the pier by 30 feet was met with approval by the commission with conditions as authored by ConCom member Jeff Doubrava. One of those conditions was authorization of the installation of eight piles instead of the 10 in the original Order of Conditions.

            The applicant filed the amended Order of Conditions “smartly,” according to Conservation Commission Chair Shaun Walsh. “If this gets built,” said Walsh, “he’s going to want to file for a Certificate of Compliance.”

            Walsh expressed concern that conservation commissions make a mistake when they put a lot of conditions into amended orders of conditions because that paves the way for an appeal to the state Department of Environmental Protection by the applicant or a person aggrieved by the ruling.

            Instead, Walsh suggested that ConCom continues to monitor the health of the impacted saltmarsh through the fall and into the winter as advised by the wetlands circuit rider. He suggested the ConCom use its enforcement authority to require the applicant to restore as needed come spring. Walsh noted that an Enforcement Order is not appealable to the DEP.

            In a continued public hearing, John and Cynthia Paliotta, 119 Converse Road, filed a Notice of Intent for a land management plan to eradicate invasive plants, restore and enhance native plant communities and establish long-term health, manage the woodland for long-term health, protect historic stone walls, create a sustainable, long-term vista corridor to Sippican Harbor, and create a vertically diverse native wood plant community at 119 Converse Road.

            After hearing from the Paliottas’ representatives from LEC Environmental, Bob Gray, the third-party consultant on behalf of the Marion ConCom, told the attendees that he had reviewed the revised paperwork and the project. “I don’t think I’m prepared to sign off yet but want to hear the presentation and hear from the public,” he said.

            After more discussion, the commission planned to conduct a site visit on Saturday, October 16, and the case was continued to October 27.

            In other decisions, the commission voted approvals in four cases.

            Daniel and Mayo Morgan, who filed an RDA to reconstruct a deck/pergola in a new location south of its current location at 22 Point Road, was met with a vote of a Negative 2 determination. The land is subject to coastal storm flowage.

            Burr Brothers Boats’ ORAD application for the review and confirmation of the wetland resource area boundaries at 305 Front Street was approved as accurate. The land is subject to coastal storm flowage.

            Sarah Gardner filed an NOI to build a single-family house on Point Road in the buffer zone to bordering vegetated wetlands. The commission voted to issue a Certificate of Compliance.

            Tom Heiser filed a NOI to add a deck, parking, and an underground propane tank at 5 Island Court in the buffer zone to bordering vegetated wetlands; the commission voted to issue an Order of Conditions.

            The next meeting of the Marion Conservation Commission is scheduled for Wednesday, October 13, at 7:00 pm.

Marion Conservation Commission

By Mick Colageo

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