The Marion Board of Health voted on August 24 to grant a variance to the owners of property at 458 Mill Street, allowing the construction of a bathroom inside the garage without denitrification technology in its septic system.

            When an accompanying house is built at a later date, the garage bathroom will tie into the denitrification septic system planned for the house, as stipulated by the board’s decision.

            In the second of two public hearings held by the board on August 24, Dave Davignon of Schneider, Davignon & Leone, Inc., represented applicants Nancy Lyle Howland and John P. Manning, who recently purchased a five-bedroom home that Davignon described as “dilapidated.” The plan is to demolish the house and construct a three-bedroom, single-family house in the rear of the property.

            “That house would have a denitrification system; we’re proposing a (denitrification) septic tank and a pump chamber, and then a three-bedroom leaching field up by the road where we had good results with soil testing,” said Davignon, noting that the soil testing in the back of the property was not good. “But the front was excellent; we actually had a two-minute, per-inch (percolation) rate.”

            At question was the plan to add a bathroom to a 28×48-foot accessory garage without denitrification technology in a separate septic system. The house construction is not anticipated by Davignon for at least a few more years.

            “They would like to have a bathroom at that location so when they go to work on vehicles or whatever they do with their recreational stuff. … It doesn’t make any sense to them to put in a (denitrification) system that might get the flush of a toilet once or twice a month,” he said.

            Davignon described his solution as a dual system, the house in the future with a denitrification system and accompanying pump chamber and, in the northwest corner of the garage, a two-compartment septic tank with a gravity-based feed into a leaching field.

            The board was asked to consider a variance for the septic system that will serve the garage without denitrification technology and a leaching field to serve just the garage until the house gets built.

            “If we put (denitrification) in, it would be basically a useless component. It’s not going to get enough flow to do anything,” said Davignon, who estimated $8,000 to $10,000 in additional expense should a variance be denied and the applicants forge ahead with the garage bathroom. The hardship that would justify the variance is that no bathroom would mean just that on location until the house gets built some years down the road.

            Board Chairman Dr. Ed Hoffer asked for assurances that the garage bathroom would only be used at the frequency described and that the garage not be converted into an accessory dwelling. Davignon said he did not believe the garage to have a second floor that could be considered for such conversion.

            “I don’t think there would be any issue with stipulating that no living space will be permitted in the building. That would put it to bed,” said Davignon.

            Board member Albin Johnson sought and got confirmation from Davignon that the overall design on the property including the leaching field is tailored for a denitrification system.

            Davignon pitched a stipulation that with the granting of the variance allowing the construction of a garage bathroom without a denitrification system, once the house is built the line coming from the garage could be tied into the denitrification system planned for the house and its own gravity tank abandoned.

            The garage, according to Davignon, is larger than the plan for the house. He called it a “four-stall” garage and explained the applicants’ intention to store a boat as well as vehicles.

            Joyce Kohout, an abutter at 142 Spring Street, had a representative at the meeting who asked the board about an unrelated, stormwater matter. Noting the slope towards Kohout’s yard and issues with flooding when snow melts or during heavy rain, he said, “We’re a little concerned with replacing the house that’s there with two structures that are bigger, and then a driveway that’s paved.” Kohout is concerned about conditions worsening after the planned construction.

            Davignon said, when he adjusts the plan to include the board’s mandate for tie-in to the house’s denitrification system upon its construction, he would also adjust the grade to ensure water stays on the 458 Mill Street property by creating a berm and putting in some infiltration. He told Kohout’s representative that the critical corner of the lot had been completed with “lousy fill.”

            A continued Public Hearing from July 27 was held on variances requested by Richard Hunter at 25 West Avenue, including approval for a leaching field less than 20 feet from cellar walls and less than 10 feet from property lines, a septic tank less than 10 feet from property lines, and approval of one instead of two observation lines in the disposal area.

            Representing the applicant was Carmelo Nicolosi from Charon Associates, who described the septic system as including denitrification technology in a gravity system so there are no pumps. An underground propane tank has been removed and will be replaced by an above-ground tank.

            “That may simplify things if (the system) can be moved to the south, get away from the sideline setback,” said Hoffer.

            Nicolosi followed suit in acknowledging that the unearthed tank paves the way for a change in plans so as not to require the setback variance.

            Abutter Hudson Plumb at 27 West Avenue brought a representative, who clarified his opposition not to the septic system itself but the variance request as it applies to the setbacks.

            While Plumb’s representative acknowledged the quality of the Title 5 system proposed and the new information about the removal of the propane tank, she noted that Hunter also owns the adjacent, “contiguous” lot, indicating his ability to meet all the setback requirements without hardship. Denial of the variance would not create a manifestly unjust situation, she argued, indirectly quoting Title 5 law.

            Johnson asked if the lots are held under the same name, and Plumb’s representative said the properties have been held in common ownership since 1968.

            Nicolosi agreed to a redesign to achieve the maximum amount of setbacks and requested the case be continued to Thursday, September 7, at 4:15 pm.

            In her Public Health Director update, Lori Desmarais reported that August saw one case of babesiosis from a tick bite and eight cases of Lyme disease, down from July. There has been a recent increase in the number of positive mosquito samples, but as of August 24, Marion was still a low-risk town for West Nile Virus and EEE.

            Desmarais also noted Plymouth County’s tick and mosquito August presentations at the Cushing Community Center. Hoffer said, so far, there has been a moderate number of West Nile in mosquitos but not in humans or animals and no EEE.

            Desmarais said Marion is getting ready for flu vaccines in the fall. A clinic was scheduled for Tabor Academy upon the September 3 return of students. A drive-through clinic will be held on September 28 at the Cushing Community Center.

            Another vaccine that Desmarais says has been shown great interest is the shingles vaccine. The challenge has been funding, but Desmarais has worked out a plan. Hoffer called it a very expensive vaccine. Medicare is a key component in coverage.

            A new COVID-19 vaccine is anticipated for September or October, according to Desmarais, who also reported on Marion’s first blood-pressure clinic held the morning of the meeting.

            In her Health Agent update, Shallyn Rodriguez reported that work had begun at 28 Pitcher Street with plans to make a 30-day inspection on September 1. Cooperation was also reported at 8 Pie Alley with intentions to reinspect after the 30-day mark passes on September 8.

            After sifting through an update on tobacco regulations with a state representative, the board decided to hold a public hearing on updated regulations on September 21 with a potential vote to adopt.

            In other action, the board granted a septic permit at 119 Quails Crossing Road on the condition that the property remains a two-bedroom property into perpetuity.

            The next meeting of the Marion Board of Health is scheduled for Thursday, September 7, at 4:00 pm.

Marion Board of Health

By Mick Colageo

            A backyard will get 50 feet deeper after the Marion Conservation Commission voted after an August 23 public hearing to issue a Negative Box 3 Determination of Applicability to Deer Run Lot 5 LLC, for land clearing for a residential house lot at 5 Deer Run.

            Project representative Matt Leone of Schneider, Davignon & Leone, Inc., summarized the activity at the site off Delano Road to consist of construction of a five-bedroom house with a septic system, tree clearing, site grading and utilities. The project, he said, had already been approved by the Board of Health and the Building Department.

            Initially, explained Leone, all of the work was proposed outside the 100-foot buffer zone to bordering vegetated wetland, but the land falls within the priority habitat of rare species as mapped by Natural Heritage and the Endangered Species Program.

            Leone said an application was filed with the state Division of Marine Fisheries and has received a determination that the project as presented to the Conservation Commission will not result in a prohibited take of wildlife on DMF’s list.

            With that, Leone told the commissioners that the property owner wishes to extend tree clearing 50 feet closer to the limits of the bordering vegetated wetland, ensuring a 50-foot no-touch zone. The plan is to stabilize the area with seeding and siltation fencing.

            Commissioner Shaun Walsh asked Leone if the wetlands border had been vetted by the commission, to which Leone noted that Brad Holmes had established the line but not since Schneider, Davignon & Leone, Inc. has represented the applicant, the commission has not vetted the wetlands flagging.

            Construction at the site has been ongoing for some time, said Leone, and in this case, the owner is looking to expand his backyard.

            Walsh said that since the initial filing did not propose activity within the buffer zone, the matter never came before the Conservation Commission. Now, he said, the commissioners have to decide on the wetlands line.

            While convinced by the line as established, Conservation Commission Chairman Jeff Doubrava said one thing he would like to see is a visual demarcation of the 50-foot line where the limit of current and future work will be established. Walsh concurred, suggesting stakes, markers or boulders.

            Leone said he has a complete survey of the lot and can share his information.

            Commissioner Matt Schultz sought more information on the cellar drain; Leone said it was an optional, gravity-fed drainage system to remove groundwater from the area around the foundation.

            In keeping with his recommendation, Doubrava would include in his motion to approve conditions requiring permanent boulders or some other permanent markers in consultation with Conservation Agent Doug Guey-Lee be placed to mark the limit of activity, along with siltation fencing that would not be removed until vegetation has been reestablished.

            After a prior public hearing, the commission voted to approve an Abbreviated Notice of Resource Area Delineation submitted by Paul Downey, Sippican Holdings, LLC, 13 Barnabus Road.

            “I didn’t see anything that said to me that it was anything other than a reasonable estimation of where the line sits,” said Doubrava, making sure to clarify the commission’s vote was only to approve the line as it was drawn from Luce Avenue up to the bike path. He noted that another area of the property to the north and east would require a separate determination in the future.

            Steve Gioisa, the applicant’s representative, told the commission he purposefully omitted that other parcel off the ANRAD filing presently being considered.

            In motioning a decision, Walsh said no added verbiage to the decision is necessary.

            Guey-Lee considered the addition of a trench to be a significant deviation from the site plan, but the commission voted to issue Bruce Pawelczyk a complete Certificate of Compliance for a house reconstruction at 50 West Avenue.

            The commission also issued a complete Certificate of Compliance to JCV Investments, LLC, for installation of a grinder pump and force main 534D Point Road.

            In answer to request for comments to the Zoning Board of Appeals regarding the application of Elizabeth and Christopher Karvonen at 56 East Avenue, Doubrava said the beginning of the site is in the flood zone and that a filing with the ConCom is necessary.

            Per site-plan review, the Planning Board requested comment from ConCom on the Town of Marion’s new harbormaster construction planned for 1 Island Wharf. There has been no change, so the commission’s prior approval stands.

            Guey-Lee suspects that some part of the project anticipated by Papa’s Real Estate, LLC, at 0 Luce Avenue is in the buffer zone, so the commission plans to tell the Planning Board that a filing with the ConCom is required.

            The case of the drain that the commission requested a redesign from William Weber Jr. at 21 East Avenue will be addressed now that Weber has filed a RDA for a revision to the structure to be heard on September 13.

            The next meeting of the Marion Conservation Commission is scheduled for Wednesday, September 13, at 7:00 pm at the Police Station.

Marion Conservation Commission

By Mick Colageo

There had been a great deal of speculation regarding what was below the surface of the Mattapoisett Harbor waters, just what was supporting Long Wharf. Comments on the materials that might have been used decades ago ran the gamut from poor-quality dirt from construction sites to sunken boats, cement, rocks and more.

            Documentation from the late 1800s failed to give a clear picture of what might be found underwater. The August 8 report from Childs Engineering confirmed that most speculation was correct.

            Childs, which has been hired by the Town of Mattapoisett to study the current state of the historic Long Wharf and the material composition that supports it, completed test borings, a necessary process before decisions can be made on next steps in the proposed rehabilitation of the waterfront asset. On August 31, members of the Marine Advisory Board discussed the findings.

            Soil explorations took place in June and July. Three soil borings along the top deck and five borings underwater next to the wharf were taken, the report stated. The purpose is to obtain sufficient data that will support a design and various considerations needed for the rehabilitation project.

            The condition of the wharf has deteriorated over time, primarily due to exposure, the engineers wrote. There was an assumption that sunken, wooden barges had been used, barges filled with local fill materials, including boulders. At an early point in its history, Long Wharf was extended to accommodate a ferry. The exterior seawall comprised granite blocks. Time, tides and storms have penetrated the seawall, washing out fill.

            The field exploration statements include, “The boring operation on the wharf was difficult and slow. Most of the wharf was constructed from boulder rich fill underlain by a thin layer of organic marine settlement on top of glacial-fluvial deposits overlaying dense lodgment fill.” (Subglacial lodgment tills are deposits beneath the glacier that are forced or “lodged” into the bed below.)

            Subsurface conditions were described as dense till consisting of silty sand and gravel with cobbles and boulders; thicknesses of the various layers change with distance from the shore.

            The report documents findings at the surface of the wharf and underwater along the seawall. The team found confirmation of its assumptions, thus supporting Childs’ earlier construction suggestion, although design has not begun.

            The test-boring report notes that from zero to 10 feet glacial-fluvial, dense, fine-to-coarse sand of varying colors and gravel, were found. From 10 to 25 feet, lodgment till and very dense, moist blackish-tan, fine-to-coarse gravel was present.

            “Overall, the recommendations provided by Childs remain valid and are now supported by field observations and testing,” MAB concluded. Next steps include review of the Childs’ report by the Select Board.

            The next meeting of the Mattapoisett Marine Advisory Committee is scheduled for Thursday, September 28, at 7:00 pm.

Mattapoisett Marine Advisory Board

By Marilou Newell