No one likes just hanging around with nothing to do, but during the December 10 meeting of the Marion Conservation Commission, it could not be helped. With four hearings continued and the publically published agenda in place, they were stuck keeping to the schedule.

Richard Costa of 37 River Road, filing for a Notice of Intent to eradicate phragmites, was up first.

Costa received an education from Chairman Norman Hills and ConCom member Jeffrey Doubrava on the proper methodology to use in efforts to control and eliminate these invasive plants. Costa plans on doing the work himself.

“We are sensitive to people eradicating phragmites,” said Hills. “It must be done at mean low tide.”

Costa was told that winter is not the best season to perform the work; rather, treat individual stems in the spring, followed by a more thorough removal in the fall before the plumes seed. Costa received permission that is good for a three-year cycle of eradication efforts.

Then there was a long pause as Robert Korff’s (345-390 Wareham Street) Request for Determination of Applicability to confirm boundaries of wetland resource areas protected under Wetlands Protection Act was continued to January 14.

The hearing for Ashley Briggs of 73 Cove Circle, Notice of Intent for the construction of a single-family dwelling, garage, and driveway, had been continued pending a Massachusetts Department of Environmental Protection file number. With that now in place, a standard Order of Conditions with erosion controls was placed on the approved project.

Legare Cuyler of 15 Hiller Street was sent by the building inspector to have a discussion with the Conservation Commission regarding his application to build a small bump out – an addition that adds on only a few feet to an existing room – for a half bath and the construction of a new entranceway and associated landing. He was told to file a Notice of Intent with the commission, but that there was nothing barring his request as presented.

Then there was another long pause due to a request by Joseph Sheehan to indefinitely postpone his NOI to remove phragmites located at 17 Nokomis Road along a marsh.

Bay Watch Realty submitted a request to modify the drainage plans for the cluster sub-division located off Front Street. This received approval since it was a minor change. The commission, however, will send a letter to the developer requesting stamped plans.

Then there was yet another long pause as Bart Nourse’s request to discuss invasive bamboo at 35 Spring Street, 39-41 Spring Street, and 20 Cottage Lane was postponed with no date for a return.

Nick Dufresne of Thompson Farland Engineering represented Bernard Bowers regarding 14 Bayview Road and his application for a RDA to construct additions to an existing dwelling with associated grading and to relocate an existing deck with the construction of a stone patio. The applicant received a Negative 2 determination with standard conditions plus erosion control.

Long pauses continuedas the Town of Marion’s NOI for the reconstruction of a 337-foot stone seawall was continued.

Susan Wright’s (25 River Road) NOI to remove a cesspool and install a new septic system was reviewed and then continued until January 14 in order for the applicant to file for a DEP number.

William Curley, 9 Edgewater Lane, represented by David Davignon of N. Douglas Schneider & Associates, Inc. sought an amended Order of Conditions on an application that was originally filed in April of 2010. Curley had been unable to complete the plan as designed due to economic constraints, and was back before the commission with a smaller dwelling footprint needing the commission’s review and approval.

“…Essentially, we are just shrinking the house down…. Everything else remains the same,” said Davignon before the commission approved the amended Order of Conditions.

The next meeting of the Marion Conservation Commission is scheduled for January 14 at 7:00 pm in the Town House meeting room.

By Marilou Newell

They wanted more time to consider the conservation restriction proposed by Rid Bullerjahn, heir to 105 Allen’s Point Road, but ultimately members of the Marion Board of Selectmen did not change their minds about rejecting the request on December 16.

The board struggled with a decision back on December 8 and continued the matter until they could refer to the Marion Open Space Acquisition Commission for a recommendation and gather tax revenue information about the property from the assessor’s office. Neither, however, was able to sway selectmen toward a positive vote.

“I believe open spaces should be open to the public,” said Selectman Jody Dickerson, a sentiment that carried over from the last meeting. “If we had public access, I’d be the first to sign on to it.”

Selectman Stephen Cushing could not get past his perceived unfairness of the deal.

“I think the benefit to the applicant is greater than that of the public,” stated Cushing. “I just can’t, in good conscience, approve this the way it is. The scales are just tipped too far in the direction of the applicant.”

Board of Selectmen Chairman Jonathan Henry wanted to explore other options that would balance the benefit to both the town and to Bullerjahn, as well as neighbor Doug Watson, who was cooperating with Bullerjahn to further the size of the land under the conservation restriction. Henry also hoped for a way to mitigate tax revenue loss from the pending conservation restriction.

Bullerjahn addressed the board, saying he had no problem with including public access in the agreement, and asked if including the language would influence their opinion.

“It would strengthen the case,” said Henry.

“It isn’t that we’re seeing more benefit from the town,” said Bullerjahn. “I was a little taken aback,” Bullerjahn said of the board’s perception of his benefit from the arrangement.

Henry said the board has endured harsh criticism in the past for conservation restrictions that promised public access but failed to honor the agreement.

“I don’t want to close the door to this,” said Henry, “but I’d love to see strengthening the public access.” He said he liked the idea, but it was not compelling enough for him to approve.

“I’m sorry you feel that way,” said Bullerjahn.

Accompanying Bullerjahn was Mark Robinson, who said Bullerjahn’s alternative of a deed restriction to preserve the land to honor his late parents’ wishes would expire in 30 years, leaving the property open again for development.

At that, the selectmen voted unanimously to deny the conservation restriction.

The next scheduled meeting of the Marion Board of Selectmen is December 30 at 7:00 pm at the Marion Town House.

By Jean Perry