Fieldstone Market’s ongoing expansion is considered inconsequential to its septic usage, and therefore the Marion Board of Health granted the store with two waivers during the board’s July 25 public hearing on the matter.

            Representing owner Arnie Johnson, Brian Grady of G.A.F. Engineering submitted a variance request from the Marion Sanitary Code, hoping for a judgment to allow Fieldstone to avoid spending for a septic system with denitrification technology and also a variance request from the state Title 5 environment code regarding multiple compartment tanks at the 806 Mill Street (Route 6) location.

            As proposed, the first compartment would have a 1,000-gallon capacity and the second a 500-gallon capacity, both falling below what is required.

            Grady summarized the expansion project at Fieldstone that was recently vetted by the Planning Board. He said there will be no new plumbing fixtures with the expansion, no additional employees, and no additional consumption of water. Grady said the expansion is merely to better service customers.

            Title 5 classifies Fieldstone as a supermarket and renders it subject to the same regulations as Shaw’s or Stop & Shop, for instance. The leaching field, Grady said, will be expanded.

            “It would be a significant change to remove the septic tank … that’s a heavier lift relative to changing the soil-absorption system,” he said.

            Board member Dr. Ed Hoffer asked if Fieldstone has public toilets. Arnie Johnson explained that the bathrooms in the store are used mainly by employees but accessible to patrons.

            Grady said the expansion will include 1,500 square feet of store space and the rest for storage. There is no sit-down food service in the store. Arnie Johnson said he would like to fill up the new space with specialty items and widen the aisles in the store.

            Fieldstone’s parking expansion will free up 11 or 12 spaces for customers. Arnie Johnson touched on other expenses such as car-charging stations but noted that he is avoiding following the trend seen elsewhere in the state toward using tents to accommodate busier seasons, a practice that he said would result in the town collecting less in property taxes.

            Asserting a lack of clear evidence supporting the town’s denitrification bylaw, board member Albin Johnson renewed his push to abolish it or at least put it aside until the state requires more of the town than it presently does under Title 5.

            Dr. Ed Hoffer asked if Fieldstone would consider testing for current nitrogen levels. Citing the recommendation of George Heufelder, the sanitation expert who serves as Marion’s consultant, Dr. John Howard asked essentially the same question, seeking a cost estimation. Heufelder’s correspondence to the board suggested that due diligence requires some measure of testing.

            “We’ve done that,” said Grady, estimating 90 to 100 milligrams. “It’s probably twice what a single-family home is.”

            Grady said Fieldstone is compliant with Title 5, except for the two tank sizes, the subject of the other variance request before the board.

            “We don’t anticipate flows to increase, so what’s there is adequate,” he said, noting that the septic tank has an effluent filter. “What it all comes down to is cost is one of the factors, and we’re not anticipating any additional demand. It’s dry sales space.”

            Arnie Johnson said he would love to tie into town sewer but cannot afford the cost of building his own line to the nearest connection point.

            Satisfied that Grady has done his due diligence in studying the wastewater situation at Fieldstone, Hoffer said he considered it reasonable to grant the waivers. Albin Johnson seconded Hoffer’s motion and Howard agreed, making it a unanimous vote.

            Updating the board on 76 Piney Point Road, Rick Charon of Charon Associates said the property will use the Singulair denitrification system. He said there is an increase in flow to 735 gallons with a 1,300 square foot leaching field. There are no variances requested. The board accepted his report.

            Asked by Albin Johnson, Charon estimated that a regular Title 5 system for that size house would cost approximately $30,000 and close to $10,000 more with the denitrification technology.

            In her update to the board, Health Director Lori Desmarais noted recent cases of animals found to have rabies and people who have suffered cat bites.

            In her Disease Update, Desmarais said there is evidence in town of tickborne illnesses, mostly Lyme disease. The Health Department has conducted some education at the Cushing Community Center on heat, especially as it affects older adults.

            The Health Department also talked to Recreation Director Scott Tavares at the Recreation Department and conducted education with children and sent them home with information.

            “I believe it’s going to be something we can continue to do,” said Desmarais, who said interest was also high at the Touch a Truck event held this summer at Silvershell.

            Desmarais confirmed that as of the July 25 meeting, the town had seen Eastern Equine Encephalitis (EEE) in mosquitoes but not yet in any animal or human.

            In an Arbovirus update, Desmarais reported that on July 2 and 3, the state announced the discovery of the first West Nile-infected mosquito and the first EEE-infected mosquito.

            Beach updates are available at marionma.org.

            Marion is one of 16 municipalities across Massachusetts with a Community EMS program.

            In other business, Gabrielle Almeida was reappointed as health specialist to the Public Health Excellence Grant Southcoast Collaborative.

            The next meeting of the Marion Board of Health was not announced at adjournment.

Marion Board of Health

By Mick Colageo

            In his July 24 report to the Marion Conservation Commission, Conservation Agent Doug Guey-Lee sought guidance after he learned that unauthorized cutting of vegetation has been taking place at 5 Main Street.

            The Harbormaster sent Guey-Lee a video of weed-whacking seaward of the seawall. Having spoken by phone with homeowner Michelle Russell, Guey-Lee reported their conversation to the commission.

            According to Guey-Lee’s report, Russell “wasn’t aware of it but also at the same time indicated that she would typically clean … up the area. … I took that to mean … if there’s ocean debris. … She indicated she’s in there cleaning up any manner of junk, essentially, which kind of makes sense because it’s kind of its own mini-harbor. I see can see stuff drifting into there and not drifting back out.”

            That noted, Guey-Lee said he made it clear in his correspondence with Russell that altering vegetation in that area is like altering vegetation in a permit area.

            “(Workers) were hired … so I have to believe that they were asked to do that and probably paid to do that. In my opinion, it is altering vegetation in a resource area,” said Guey-Lee.

            Guey-Lee said he followed up on a 2013 decision that shows the top of a coastal bank at the top of a seawall. He found no indication that the area is saltmarsh but mapped as open water, except for the brief drop in grade at the tow of the wall (coastal bank).

            “In my mind, it’s pretty straightforward activity that wasn’t permitted, and I don’t know that we would have permitted that,” he said.

            Guey-Lee indicated he would like to schedule a site visit but was waiting to hear back on that from Russell.

            Commissioner Jeff Doubrava suggested using state access (water) to get a look. “At worst, it’s saltmarsh and at best it’s coastal beach,” he said. “I don’t think we’d ever let anybody do that.”

            The story is further convoluted by Guey-Lee’s report that Russell told him former Harbormaster Isaac Perry knew of the activity and took no issue with it. Guey-Lee also recalled from a few weeks back a man representing a home-improvement company asking what it would take to get sea wall work permitted at the address.

            Doubling down on Doubrava’s statement, Walsh said that none of the many sea wall-repair filings fielded by the commission over the years has ever proposed mowing seaward of the sea wall “because they know that that is not a permittable activity.”

            Reviewing a 2013 Order of Conditions issued the Russells at 5 Main Street, Walsh referenced stipulations against any mowing of vegetation in the wetland that is not explicitly approved in that OOC.

            “When you live on a coastal property, most of what you do on that property is subject to jurisdiction, especially the cutting of vegetation on the seaward side of the sea wall,” said Walsh. “It’s disappointing that somebody would think that they would be able to do that and not even contact the Conservation Commission office for guidance.”

            Russell’s statement regarding past occurrences are “neither here nor there,” according to Walsh. “The fact of the matter is cutting of vegetation is alteration of a resource area. It’s just not permitted.”

            Walsh said it’s important that the commissioners “get our own eyes on it.” A site visit in the company of the homeowners would be preferred, he said. The ConCom could then determine if the activity is something that rises to the level of an enforcement order or if it can be addressed in some other fashion.

            It was agreed that Guey-Lee would coordinate with Commission Chairman Matt Shultz on a letter to be sent via certified mail requesting a site visit.

            Chairman John Rockwell regarding outdated wetland lines where the shared-use path is to be constructed. Rockwell essentially asked what ConCom wants to do about updating wetland lines along the old railroad bed. An ANRAD addressing the matter years ago has since expired.

            Walsh said a Notice of Intent filing will be necessary to carry out the project.

            Doubrava said he walked the path from Front Street to the Mattapoisett town line and that very little has changed. He is more concerned about the path between Front Street and Point Road and said the commission should require delineation in the Point Road area.

            Continued from July 10, Blue Fin Realty’s Notice of Intent proposing construction of a residential dwelling with associated landscaping, driveway, utilities and grading at 170 Wareham Road (Route 6) was conditioned upon a correction of the abutter’s list.

            Will Connolly of Zenith consulting engineers attended the continued public hearing, taking the floor to explain that a revised plan has been submitted with the corrected lot number and that the corrected abutters have been notified.

            Nancy Childs, the 168 Wareham Road resident who had brought the discrepancy to the commission’s attention at its last meeting, noted that while she was on the original abutters’ list, she was not on the revised abutters’ list and said she should be, seeing as there is only one lot between hers and the project.

            Childs explained the Zenith told her that the Marion Board of Assessors provides the abutters’ list, from which she was omitted this time. She said upon a call to the Assessors that the board acknowledged the glitch and would issue a correction. Childs advised any other abutters who were missed to follow suit.

            Given the commissioners had satisfactorily vetted the project at the last hearing, the members voted to close the public hearing and would later unanimously vote to approve the project.

            John and Raquel MacFarlane were voted a Negative Box 3 Determination of Applicability for the installation of six, concrete (precast) pillars and a 12×12-foot, cement-block patio at 52 County Road (Map 11, Lot 14).

            The commission made a site visit on July 20, and Guey-Lee told the commissioners that he met with both the owner and contractor and said that the project has no other representation.

            Reviewing the proposal, Shultz summarized the project as an enclosed porch supported by the piers with stairs down to a patio, the project being within the buffer zone to a wetland.

            The commissioners present, Doubrava, Walsh and Millie Seeberg, concurred in the proposal’s straightforwardness, the lone concern being the work being done up to 5 feet from the wetland line.

            William and Elizabeth Weber were issued a Certificate of Compliance for their work at 21 East Avenue. Shultz noted that a July 20 site visit revealed deviations from the site plan.

            Guey-Lee recalled two certificates of compliance originally requested for the project, one of which was to be withdrawn while representative Dave Davignon of Schneider, Davignon & Leone, Inc., worked with the homeowners on a solution for work that had been done outside of the issued permit.

            “It wasn’t made clear in the request whether they had addressed (that issue) or not,” said Guey-Lee, acknowledging that Davignon was not present. “He’ll normally ask if he needs to be there.”

            Walsh asserted that the applicant did, in fact, address the issue that had prevented the commission from issuing a COC in its last meeting.

            “We went out there on Saturday; it was where the pipe had been discharging … near the boat ramp there,” said Walsh. The solution was a riprap, stone detention basin. Shultz further clarified that the installation was pursued via a Request for Determination of Applicability.

            The next meeting of the Marion Conservation Commission is scheduled for Wednesday, August 14, at 7:00 pm at the Police Station on Route 6.

Marion Conservation Commission

By Mick Colageo