Marion Zoning Board of Appeals Chair Cynthia Callow told the membership during its June 10 Zoom meeting that the town’s Planning Board requested comments from the ZBA regarding the residential townhouse development that Sherman Briggs and Hamblin Homes are proposing for Spring Street at Mill Street. The case will come before the Planning Board at its Monday, June 21 meeting.

            Briggs recently withdrew his preexisting application without prejudice for the express purpose of allowing the Planning Board’s changing membership the full opportunity to participate in what had been a long vetting process. Now, the board’s full representation can start from square one.

            As for Planning’s request for comment, ZBA member Ed Hoffer said he would avoid areas outside his expertise, but he took the opportunity to reassert his belief about the timing of the project.

            “Based on the survey we did a year and a half or so ago, this is a real need for the Town of Marion,” said Hoffer, who also serves on the Board of Health. “We have an enormous vacuum when it comes to smaller housing suitable for older couples, widows, widowers, who have houses that are too big, don’t want to leave town, and have no good alternatives. So, I think in principle, having a development like this is a wonderful idea and I hope the details can be worked out and I would strongly support it.”

            ZBA member Dana Nilson sought clarification on the 24-hour window between receiving the Planning Board’s request and the ZBA’s June 10 meeting. Board Administrator Anne Marie Tobia explained that such requests are added to the next meeting agenda when they are received, but she also anticipates that the ZBA would know about projects with substantial concerns ahead of such a request.

            ZBA member Margie Baldwin and alternate member Danielle Engwert doubled down on Hoffer’s comments.

            The ZBA opened a continued public hearing only to continue the Heron Cove Estates c/o Steen Realty & Development Corporation development per the applicant’s request. The 40B housing project planned for the south side of Wareham Street (Route 6) on a Local Initiative Program (LIP) application and endorsed by the Marion Select Board was continued by ZBA vote to the board’s August 12 meeting at 6:30 pm.

            Tobia clarified at the bequest of Baldwin that the continuances in the Heron Cove case do not pose complications for the rapidly changing ZBA membership. “It’s not an issue because what they’re doing is they’re putting a bookmark in,” said Tobia. “They want to save that space, but they know that it’s a new board but it’s also a new case because it involves two extra lots now.”

            New alternate member Tucker Burr was welcomed by the board, and Callow clarified that Nilson is a full board member.

            Callow pointed out two Open Meeting Law considerations to the membership, one involving replying all as opposed to replying to an email from Tobia, and in social gatherings when ZBA matters must be avoided when three or members are present.

            The Marion ZBA will next meet on Thursday, June 24, via Zoom (provided the state legislature signs the anticipated extension allowing remote-access public meetings to September 1) and will return to an in-person meeting format on Thursday, August 12, at the Town House.

Marion Zoning Board of Appeals

By Mick Colageo

            The Sippican Lands Trust was praised by Marion Conservation Commission Chair Shaun Walsh for its work, particularly its work at the Brainard Marsh Property off Delano Road, during the commission’s May 26 meeting. But the commission’s job is nonetheless ongoing after the SLT filed a Request for Determination of Applicability for proposed dredging of saltmarsh ditches for mosquito abatement and improvement of the saltmarsh habitat at the site.

            SLT Executive Director Jim Bride agreed with the assessment of the commission that a Notice of Intent is in order. The impact of the proposed work on the saltmarsh, coastal beach, and coastal bank was considered undeniable so, as favorable as the project is, detailed, vetted plans are appropriate according to ConCom.

            Bride told the commission that SLT’s intent was file the RDA for the phragmites removal and then follow up with measures to control mosquitoes and making viable the saltmarsh.

            “This is an important project,” he said.

            In supporting the positive determination, ConCom member Jeff Doubrava cited 2 feet of higher elevation not only deepening a channel but creating a channel that doesn’t exist today. “Not sure how I feel about that,” he said, asking for greater definition.

            ConCom member Emil Assad referenced personal experience as a resident. “To me it wasn’t a saltmarsh when I was growing up, more like a bordering vegetated wetland,” he said, asking if the stream that feeds the pond is freshwater or filled by the tides. Assad also articulated concern about wood frog breeding that is evident by egg masses in the area. “I would like to protect the mating frogs.”

            Acknowledging Assad’s information as valuable, Walsh suggested that SLT file a Notice of Intent that identifies species, wildlife habitat and how animals might be affected by the project. “It’s an absolutely spectacular property, but whatever we do out there we want to make sure we do it right and protect the resource areas,” said Walsh.

            A May 22 site visit revealed obvious progress with the effort to cut phragmites, the temporary eradication of the invasive plants dramatically improving the view, according to Walsh, who also noted the phragmites are coming back. Alan Harris of the SLT said that the only cutting occurred in 2020 with five people spending over 100 hours.

            ConCom considered both the area and the work to be jurisdictional and voted for Positive 1 and 3 Determinations that necessitate the filing of a Notice of Intent.

            The hearing was one of three involving the SLT, as Walsh announced Marion’s return to former policy allowing for decisions after an initial public hearing.

            SLT received Negative 2 Determination of Applicability for its RDA filing to replace deteriorated top boards on the walkway off of 392 Point Road out to Howland Marsh. The boardwalk is closed and in rough shape including rotted wood. The work will be confined to the top boards, as work on the support beams would potentially constitute impact to the resource areas.

            In a public hearing continued from May 12, SLT requested a continuance for surveying work in association with its RDA for rerouting of the Osprey Marsh boardwalk to avoid encroachment of private property at 354 Point Road. The case was continued to ConCom’s June 9 meeting.

            The Marion Department of Public Works was involved in two cases during the May 26 meeting.

            The DPW was issued Negative 3 Determination of Applicability for clearing and grading for construction of a 20 foot wide paved emergency drive from Mill Street to the rear parking lot of Sippican School, and in a public hearing continued from May 12, the DPW was voted Negative 2 and 3 Determinations of Applicability for road improvements at several locations in town.

            In the other continued public hearing (from May 12), the commission voted to open a 53G bank account for ConCom to retain a third-party consultant at the applicant’s expense to hire Bob Gray of Shea Environmental as a third-party consultant to evaluate the NOI filed by John and Cynthia Paliotta for eradication of invasive plants. The applicants were amenable to the choice.

            “It’s a complicated project with a lot of resource areas on the site,” said Walsh, who called a senior professional wetlands scientist who serves as co-chair of the Bourne Conservation Commission and is certified by the state Department of Environmental Protection as an evaluator for Title 5. The next step in the case was to be a site visit.

            The public hearing was continued to Wednesday, June 9.

            In a new public hearing, Matthew deGroot was issued Negative 2 and 3 determination of applicability in response to his RDA filling for connection of his house to a gas line at 14 Aucoot Avenue, installation of fencing and removal of two cedar trees encroaching on the foundation of his house.

            In a new public hearing, James Kiehl was voted a Negative 2 determination of applicability in response to his RDA filing for construction of an 864 square-foot standalone garage addition at 15 West Avenue.

            In a new public hearing, Joseph and Erin Kazen filed an abbreviated NOI for an above-ground circular swimming pool within 20 feet of vegetated wetlands at 38 Joanne Drive. ConCom voted to issue an Order of Conditions authored by Doubrava that includes the condition that discharge of pool water to jurisdictional areas is strictly prohibited.

            The next meeting of the Marion Conservation Commission is scheduled for Wednesday, June 9, at 7:00 pm.

Marion Conservation Commission

By Mick Colageo