Dan Crete appeared before the Marion Conservation Commission on November 15 to address concerns about his unauthorized float system at his Saltworks Marine boat repair and storage business at 288 Wareham Street (Route 6.)
Conservation Agent Doug Guey-Lee summarized his visit to the site and noted that the floats had been removed from the water.
In discussing the background for his activities in boat hauling, Crete told the commission that he knows of no Chapter 91 license for a boat ramp at the site, saying “it’s not a structure” but rather “a pretty unique situation down there.”
The site, he said, has evolved since 1948 from use by the Mallowes fish-distribution company. He said the state DEP lists the site as a human-altered shoreline. Crete said it is literally 3, 4 and 5 feet deep in quahog shells.
“It is a zone, marine property … we are working on a master plan for the yard,” said Crete, who said he intends to seek Chapter 91 licensing for boat hauling. “I hate to think anyone thinks we’re doing anything nefarious.”
Commission Chairman Jeff Doubrava said what happened on the site historically does not matter. He said the town has received calls about large boats coming and going and asked Crete “to step up the speed” on the licensing plan.
Crete said he spent well over $100,000 in the site-plan process when he built his barn across Route 6 from the slope in question.
“It’s put a little dent in the coffers for pursuing plans across the street,” he said. “We’re working on it … our intention is to stay on this and pursue it with as much haste as we can. … It’s a work in progress. We’re building a business. … I want to do it right.”
Crete sought clarification as to what activities would be allowed during that process. He referenced instances that indicate the site in question is safer for boats and shellfish beds than Old Landing.
“I hope the silver lining in this is we can maybe have a bit of a team approach when we get our engineering stuff together,” said Crete, who told the commission he has consulted with Mass DEP. “Their attitude with me is you guys check all the boxes with the Chapter 91 rule, that’s why they’re in place.”
Crete said he has also discussed public access with the Buzzards Bay Coalition. He said it is a navigable waterway and that anyone can drive their boat down there and check it out.
Stephen and Jane McCarthy requested an Amended Order of Conditions for a proposed house reconstruction at 43 Dexter Road, Map 5A, Lot 4.
Their representative, Dave Davignon of Schneider, Davignon & Leone, Inc., said the applicants were permitted a few years ago for removal of a cottage and construction of a single-family dwelling. An active order exists via permit extension.
In excavating for footings, enormous boulders were encountered. Many were moved but some remain in place. After the original permitting, the applicants bought the lot to the north, allowing for a place to move boulders for an embankment.
Doubrava’s main concern is a nearly vertical retaining wall. Noting Marion’s 1-to-1 slope standard, he took the position that the wall needs alteration as the commission has never during his lengthy tenure approved a vertical retaining (sea) wall. Davignon acknowledged the standard. Commissioner Shaun Walsh echoed Doubrava’s viewpoint but estimated that fixing the wall would only require a foot or two of adjustment.
The commission preferred a 1-to-1 slope and advised Davignon to redesign the slope and come back to the commission on a continuance of the public hearing. Davignon will report to his client.
Applicant Jane McCarthy confirmed Guey-Lee’s discovery of an elevator shaft that was not shown on the site plan. Walsh told Davignon he would need to show the elevator shaft in his site plan as revised.
The members voted to continue the case to its December 13 meeting.
Kent Bennett, Six Point Road LLC, filed a Notice of Intent to construct a wood deck around an existing house and reconfigured in-ground pool location, spa, patio area and gravel driveway with associated planting areas in a mapped Flood Zone VE at 6 Point Road.
Represented by Andy Stackpole of Field Engineering, the applicant proposed removing a kidney-shaped swimming pool and construct an 800 square-foot rectangular pool, remove a partial paved driveway (4,000 square feet of pavement) and replace it with gravel, and add an at-grade wood deck around the perimeter of the house around the front. Other changes include removing the concrete support of an existing staircase in favor of a redesigned to maximize the use of patio space.
Commissioner Matt Schultz expressed concern about erosion control and suggested an expert report. The commission voted to grant a continuance to December 13.
Lujay LLC was voted an Order of Conditions for proposed reconstruction of an existing, two-story garage at 8 West Avenue. Special conditions include some additional silt fencing on site and a driveway of crushed stone.
Regarding the property owned by the Rubenstein family, Davignon described a site measuring 23,626 square feet and bordered along Sippican Harbor by a significant-sized, riprap seawall. Atop the seawall is coastal bank, the 100-foot line of which extends to cover nearly the entire lot.
Davignon said the majority of the property lies within VE-17 (Velocity Zone.) A larger, two-story garage made of breakaway panels will be constructed partially over the footprint of the existing garage but extended more to the southeast. Davignon said it would be constructed within Velocity Zone standards.
The setbacks were adjusted to avoid a septic tank to the west and to 26 feet from the street to meet the setback requirements to the north (thusly avoiding the need for a zoning variance.) A patio is planned for the sea-facing side of the garage.
Doubrava expressed concern over movement of the garage deeper into the “V Zone,” to which Davignon noted abutter interest across the street and reiterated the setback concern. Doubrava noted that there is also a bylaw requiring structures in the velocity zone to be constructed as far from the coastline as possible.
The science behind the breakaway panels is to have concrete or wood pillars that would stay in place while the panels could breakaway but not go anywhere as they are chained to the framing.
Schultz asked about the thickness and breakability of the concrete slab in the garage, suggesting that FEMA approves 4 inches to ensure breakability during hydrostatic force.
Noting the plan shows no roof-runoff system, Davignon said he does not know if gutters are planned. He said there is substantial lawn to absorb runoff.
Kristian and Melissa Koziol were issued a Negative 2 and 3 Determination of Applicability with no special conditions for proposed landscape improvements on land subject to coastal-storm flowage at 29 Lewis Street.
Eric Winer and Nancy Borstelmann were issued a Negative Box 2 and 3 Determination of Applicability for their construction of a 10×14-foot, uncovered deck, enclosed, lateral enlargement and two cantilevered enlargements at 18 West Avenue.
The Marion Conservation Commission was scheduled to meet on December 13 and is next scheduled to meet on Wednesday, January 3, 2024, at 7:00 pm at the Police Station.
Marion Conservation Commission
By Mick Colageo
