The Negative Boxes 2 and 3 Determination of Applicability issued the Town of Marion by its own Conservation Commission on August 28 for a seawall fix was rather brief compared to a more involved discussion the commissioners would hold with a waterfront homeowner whose hired hands were found to be mowing in a jurisdictional area.
Harbormaster Adam Murphy, though not in attendance on August 28, was at the center of both cases, the first a temporary solution he is spearheading to protect the seawall while the town figures out a long-term plan for the eroding earth on the landward side of the wall close by the new Maritime Center at Island Wharf.
After closing three brief public hearings, the commissioners revisited a recent discussion regarding unpermitted work that occurred at 5 Main Street.
The homeowner, Sanford H. Russell Jr., complied with the commission’s request to visit the site and was present on August 28 to reiterate his intent was the same as it’s been for the past 23 years: to remove “the flotsam and jetsam” from the site.
Russell explained that workers hired to rake up the debris went beyond that, an activity he said he and his wife Michelle Russell were unhappy with because it ruins their view. He said it’s starting to grow back and explained that his activities have always included the cleaning up of trash left by others.
“This year, we had an occurrence,” said Russell, asking the commissioners to “view it as such.” Russell suspects a language barrier with the workers contributed to the outcome and said, “We won’t be asking them to help us next time.”
Commissioner Shaun Walsh referenced prior comment made by Michelle Russell, noting that similar activity had occurred in the past and that then-Harbormaster Isaac Perry was aware of it. Walsh said he recently reached out to Perry regarding that exchange and noted for the record that Perry strongly denies any implication he condoned the illegal activity.
Walsh reported that Perry told him he had never seen any mowing in the resource area and if he had, he would have done as Harbormaster Adam Murphy did and reported it to the Conservation Commission. Walsh acknowledged the possibility of a breakdown in communications between Perry and Michelle Russell.
“I think it’s really important to understand what the question was and what the intent of the answer was,” said Mr. Russell, who was attending the meeting in person. “The question, as my wife understood it, was, ‘have you cleaned up this flotsam and jetsam in the past before?’ And the answer was yes. In fact, Isaac was aware that we did this.
“Isaac has come over … taken a look, ‘what are you doing?’ ‘Cleaning up the flotsam and jetsam.’… I went over and talked to Isaac as well. … The question wasn’t, ‘did you weed-whack it?’” recalled Russell, emphasizing Perry’s knowledge of their regular activities and the context of those conversations.
Walsh acknowledged Russell’s clarification and recommended the commission reserve its right to ensure revegetation should it not occur naturally. Walsh said images from Google Earth Pro can isolate conditions from the past to inform the process.
Russell said the growth in the area has been asymmetrical, in a trapezoid shape, due to the imbalance of sun exposure with the neighboring property. “We like the growth, so we hope it comes back as expected,” he said.
Russell said he has enjoyed good relationships with Perry and Murphy but wishes the town could act on more impromptu and informal bases upon the discovery of improper activities such as occurred on his property.
Walsh asserted that Murphy acted properly in this case.
“They’re our eyes on the coast because they’re out there all the time,” said Walsh. “A lot of other places in Marion, we would not necessarily see unless we’re out on a boat, so I think what Adam did was appropriate because he alerted the commission to what he correctly viewed as an unpermittable activity.”
Russell acknowledged the legal fact of the matter but feels Marion can avoid scenarios like the one he and his wife wound up embroiled in by addressing things on the spot.
“This is a small town, everybody knows each other,” said Russell. “Had (Murphy) walked over and talked to the people we supposedly had raking up and said, ‘Are you supposed to be doing that?’ They would have stopped, which is the goal. … Adam saw it but didn’t feel capable of quickly going over there and saying, ‘hey, hold on guys. Let me just check on this. Take a break.’ … That’s what I’d like to see in this town.”
The commission took Russell’s comments under advisement with a plan to revisit the site next June. Vice Chairman Emil Assing suggested Russell stay in touch with Conservation Agent Doug Guey-Lee, who publicly thanked Russell for the visit to hash out the matter.
Bob Rogers of G.A.F. Engineering sat in for colleague Brian Grady, who was representing before the Wareham Zoning Board of Appeals in the case of 262B Seaside Realty Trust. The applicant filed a RDA for proposed construction of a new house, driveway, utilities and grading at Seaside Lane.
Rogers explained that the lot in question had received an Order of Conditions in 2018, approving a bigger house and a pool. Work was permitted in the buffer zone to bordering wetlands.
“They never proceeded with that project, they never recorded the Order of Conditions and they asked us to renew the permitting and to do so with a smaller house with no pool, so the only the only resource area that we’re in is land subject to coastal-storm flowage, which is the Flood Zone 8 and 15,” explained Rogers of the revised project. “And so we felt, with the scaled-back project and no work proposed in the buffer zone, that … and not having had the previous Order of Conditions recorded, we thought we would just come in with a Request for Determination of Applicability.”
To get himself up to speed, Rogers studied the documents and on the day of the public hearing visited the site. Conservation Commission Chairman Matt Shultz said that a few of the members did visit on August 24.
Rogers said the lots there are narrow and so is the house. He said there is thick vegetation in the uplands between the narrow house and the wetland. The house is 12 feet off the property line closest to Converse Road.
“We are proposing roof-runoff infiltration units,” said Rogers.
Shultz asked about the type of foundation for the house.
Rogers said the first floor (and living space and utilities) must be above the 15-foot elevation, and the plan shows a foundation at the 20-foot elevation. “We basically have to stay out of the V Zone,” he said but noted he had not seen any architectural renderings prior to the public hearing.
Guey-Lee and Assing expressed interest in landscaping and the future of land following the planned construction, especially outside the limit of work. Rogers said the new application has proposed no work inside the 100-foot buffer zone and said any work planned there would require another RDA filing.
The commission voted to issue a Negative Box 2 Determination, allowing the project to go forward as planned.
Kathleen Welch was issued a Negative Box 2 Determination for repairs to an existing driveway and entryway including installation of a granite step around the front masonry entryway at 82 West Avenue.
The commissioners were impressed with seawall work done by Paul and Linda Vivino, along with minor improvements to their home at 12 West Avenue and voted to issue two Certificates of Compliance.
Bryan Marshall, 25 Pine Hill Lane, was issued a partial Certificates of Compliance for work done at that site.
The next meeting of the Marion Conservation Commission is scheduled for Wednesday, September 11, at 7:00 pm at the Police Station on Route 6.
Marion Conservation Commission
By Mick Colageo
