The March 2 public hearing for Saltworks Marine was continued on a discouraging note for owner Dan Crete and his engineer David Davignon of N. Douglas Schneider & Associates after the Marion Planning Board hesitated to approve their request to waive a groundwater mounding analysis – a waiver Davignon asserted was legitimate based on precedent.

Groundwater mounding occurs beneath a stormwater management system resulting in a possible negative impact on underground water flow.

Davignon said, during the site plan review of the old Frigate property at 806 Mill Street, the board years ago granted a waiver for the groundwater mounding analysis at the request of the engineer for that project, Bill Madden of G.A.F. Engineering.

“Most of the waivers are consistent with what was granted for that project,” said Davignon. He was seeking approval that night for the waiver, Davignon said, “Because it is consistent with what you did in the past.”

Now, as the engineering consultant to the board for the Saltworks project, Madden advised the board in his report not to waive the groundwater mounding analysis.

Davignon argued that the scenarios of the two projects were similar, although the soil conditions at the Saltworks site were better and with deeper water tables. He urged the board to follow the precedent set by the board with the Frigate project and grant the waiver. Chairman Stephen Kokkins and board member Norman Hills disagreed with Davignon’s point.

“Just because we’ve done something in the past doesn’t mean it’s right in this case,” said Hills.

Kokkins said, “We’re not in the position to make a judgment on something like that. Unfortunately, this hearing will probably be continued.”

Davignon said the groundwater mounding analysis was “troublesome” on their part.

“We’re really a little perplexed that there’s not consistency in what’s being presented,” said Davignon. “We’re being asked to do something that somebody (Madden) didn’t do in the first place.”

“I don’t see a method for deciding that on the spot,” said Kokkins. After some discussion, Kokkins told Davignon, “We don’t want to be micromanaging every detail, but…”

What’s with this ‘we,’ board member Rico Ferrari asked Kokkins.

“If you’re speaking for the board, you’re not speaking for me,” said Ferrari. “So that’s an ‘I.’”

Ferrari argued that demanding the analysis would unnecessarily drive up the cost for Crete, saying he felt Crete was already “spending way too much money” on items “that could be bypassed.”

“His argument is right on the money,” said Ferrari. “If you’re going to do it for one property, you have to be consistent with other properties.”

Ferrari said the board should understand that Madden’s report is simply guidance and the board does not have to accept it.

“It’s not our intent to weight this project down with something that doesn’t need to be done,” said Kokkins. “It’s only to make sure things get done right in the end.”

Davignon said he had a “productive” conference call with G.A.F., but when he asked what the difference was between the Frigate property and the Saltworks property, he said he never got a straight answer.

“To me, it doesn’t seem fair that the reviewing engineer is mandating that … you should not grant any waivers … until the groundwater stuff is done,” said Davignon.

Board member Eileen Marum chimed in.

“All properties have different characteristics,” said Marum, “…so we can’t have cookie cutter engineering…. This is not the Frigate property.”

Kokkins said Davignon and Crete should return to the table with G.A.F. and try to come to an understanding, offering to attend the meeting on behalf of the board.

Crete said he understood both properties are not exactly the same, but he noted that they were abiding by the regulations and rainwater analysis guidelines.

“All that data…” said Crete. “It’s not a guess or a stamp…. Our tables and our groundwater levels and our perc tests are far better than at the Frigate site. Much better.”

Crete continued, “I really am struggling with the added expense…. It’s not black magic. It’s all science. And this is getting very, very expensive.”

Previously, Hills commented that the board pays an engineer to advise the board, and Crete emphasized that the board does not pay the consultant, Crete does.

“I am paying the consultant. This isn’t all free,” said Crete. He said he wanted to do this right, pointing out that he has been forthcoming with the Town pertaining to the two phases of development of the property.

“Small business is not the easiest thing to accomplish these days and this thing is getting really expensive. It’s making it almost impossible,” said Crete, again stressing that he is paying the consultant fee. “And we have precedent. It’s a great site for what we want to do.”

Again, Kokkins said there was not enough information to make the decision that night.

“All I know is the engineer said it was crucial,” said Marum.

So much for common sense, stated board member Steve Gonsalves in Crete’s defense, adding that the cost to perform the analysis would cost Crete about $5,000 more in costs.

“We’re not trying to be anti-small business,” said Hills. “But you’re here to talk to us about how this is going to fit in with the bylaws of the Town.”

Crete wondered if the board had ever mandated groundwater mounding testing for any project in the past, stumping all the board members who did not know the answer.

“I’d be really interested to know, with all the building and construction that has been done within our town’s borders,” said Crete. He then asked if it was unusual for the board to receive a 64-bullet point report, like the one Madden submitted, on a project the size of the Saltworks project. He asked if it was “overkill.”

“There are some items in there that are a little beyond ridiculous,” said Crete.

Kokkins wanted to move on in the discussion, but Ferrari stayed put.

“What is overkill and what are our expectations for engineers?” asked Ferrari. “More is less, less is more…. Get to the point, keep it simple … be consistent.”

Crete made the point again that the Frigate property enjoyed the waiver of the groundwater mounding analysis asked for by Madden, now the reviewing engineer.

The matter was continued until the next meeting of the Marion Planning Board on March 16 at 7:00 pm at the Marion Town House. The Saltworks Marine public hearing will be scheduled for 7:30 pm that night.

By Jean Perry

Saltworks Marine representatives only want to be upfront with both phases planned for the newly acquired property at 291 Wareham Street, but some members of the Marion Conservation Commission thought their presentation looked too crammed with ‘ifs.’

The public hearing was continued right away since snow cover obstructed an onsite visit to inspect the area; however, Chairman Norman Hills gave Engineer David Davignon and Saltworks owner Dan Crete the chance to present their Phase I plan for discussion.

Phase I would relocate an existing Quonset hut that rests within a velocity zone, which ConCom last fall allowed to remain only until May, to the west of the site to use as boat storage. Davignon added that as part of Phase II, a second Quonset hut would later be placed back in the velocity zone spot affixed to four large storage containers ‘if’ a consultant Crete solicited can present FEMA with a strong enough case to change the flood zone designation at the site.

“They’ve (the consultants) done so much in Marion,” said Davignon, “…that they feel very confident that this flood zone will be taken out of the velocity zone designation.” At that point, Davignon said, Saltworks would revise the plan and return before ConCom.

Phase I also includes the construction of a 4,000 square-foot workshop and a stormwater management system as well as some minor grading and fill.

With tentative V-zone changes still several months away, commission member Jeffrey Doubrava wondered why Saltworks was trying to ‘cram’ everything into one application, “[I]nstead of doing Phase I, which is very clean,” said Doubrava.

“[I’m concerned] that it’s going to be fifty pages of conditions and take us an eternity to figure out what all the conditions will be,” said Doubrava.

Davignon said Phase I is what Crete could actually do now – build the 100-foot by 400-foot workshop, relocate the Quonset hut away from the V-zone by May, renovate the existing Marion Fence building, and install the stormwater management system and parking.

Phase II includes an additional 7,000 square-foot boat storage building, with the tentative second Quonset hut pending FEMA V-zone changes.

“Phase II really is instrumental to everything that goes into Phase I,” said Crete. “It makes it economically feasible…. If we can’t do Phase II, it doesn’t really make sense to us.”

Doubrava said Crete should take any mention of a second Quonset hut out of the conversation. To him, he said, Crete will get where he wants to go without even mentioning the second hut.

“We’re trying to be upfront with the Planning Board,” said Davignon. “We don’t want to be accused of coming back for another bite of the apple and we’re not.”

Also during the meeting, ConCom issued a Negative determination for the demolition of a screened porch, patio, and detached garage at 68 Holmes Street to make way for a bump-out addition, a new garage, and a new patio. The resource area is located on the abutting property.

The owners, Leslie & Harrison Condon, were represented by Davignon, who said half of the work was within the 100-foot buffer zone, but less than 50 feet from the wetlands.

The commission issued a Negative determination for Debra & Douglas Breault of 16 Rocky Nook Lane for a septic system upgrade and leaching field replacement.

Also, the commission allowed the amendment of a Request for Determination of Applicability for 14 Bayview Road, because the size of a proposed addition to the north side of the house was increased and a proposed patio became a proposed deck.

Hills was unsure of how to proceed with this territory unfamiliar to him, so the date on the plan was revised; the commission will document the commission’s decision in a letter, and Hills urged the engineer to send a copy of the letter to the MassDEP.

The public hearing for LEC Environmental Consultants for 345 & 390 Wareham Street was continued until March 25.

The next meeting of the Marion Conservation Commission is scheduled for March 11 at 7:00 pm at the Marion Town House.

By Jean Perry