At long last, the Marion Conservation Commission, with Chairman Jeff Doubrava on speakerphone, issued an Order of Conditions for the controversial application filed by Mark Ross.

Ross, represented by Nick Dufresne of Farland Corp., was requesting to raze an existing dwelling and rebuild at 195C Converse Road. Doubrava, with other commission members, had questioned the owner’s ability to rebuild in a V zone (coastal area that is prone to storm surge) on his property if A zone (area subject to inundation by 1-percent-annual-chance flood) was available.

At issue also was whether the commission could approve a project if they were aware that another department might not approve it.

At a previous meeting, Town Counsel Barbara Carboni weighed in on the question, stating in part that the commission could approve it if the applicant had either applied to or received approval from the other town departments in question. This evening, after the commission voted to reopen the public hearing that had been closed October 10, Dufresne informed the commission that his client had applied to the Zoning Board of Appeals for a Special Permit. The permit related to a bylaw passed this summer stating that if there is construction in a VE zone that is increasing the footprint or volume of a structure, the project required a Special Permit.

Commission member Joel Hartley wondered aloud if the commission needed a decision from the ZBA to act. Member Cynthia Callow reminded the commission that they would need to wait if the project was violating a town bylaw. Associate member Marc Belanger asked why Dufresne was not applying for a Special Permit relating to the question of building in the V zone.

Dufresne stated that Building Commissioner Scott Shippey determined that the bylaw only applied to vacant lots.

Doubrava quipped that town counsel did not agree with Shippey’s apparent determination.

The commission approved the Order of Conditions with no special conditions.

Brian Grady of GAF Engineering was before the commission for two different projects, starting with Joseph Papetti of Seaside Lane, receiving a Negative determination for the work related to constructing a new house and driveway. The project was scaled back from the original application.

Grady also represented 538 Point Road Nominee Trust, which received an Order of Conditions for work to upgrade a failed septic system. A 700-foot 2-inch forced main would be pumped to a mounded leach field near Point Road. Grady described erosion control that would protect the wetlands on either side of the driveway, and assured the commission the work would be done quickly. Belanger noted that a small amount of work would occur in the 15-foot No Disturb area of the buffer zone. The existing septic tank will be abandoned, and then either collapsed or removed.

In other business, the commission discussed the Certificate of Compliance (COC) they had requested for the Cress/Stemberg parcel at 114 Point Road. An Order of Conditions from four years ago had expired, with some of the work completed. A new Notice of Intent was filed, and the commission requested a COC be issued prior to the issuance of a new Order of Conditions.

The commission signed the COC for the athletic complex, patios, and walking trails, and specifically did not include house construction.

Engineer David Davignon, representing Deborah Elfers, presented a project at 96 Mooring Road to demolish a garage and greenhouse and replace with a detached garage and guest quarters. The attached garage listed in the notice was not contemplated this evening. The site elevation is 13 by 13.5 feet, and the new structure will be at 15 feet. The owners will be reducing the number of bedrooms by one in their home to maintain the number of bedrooms on the septic system. Nearly the entire project is outside the buffer zone of the coastal bank. The commission issued an Order of Conditions for this project, and Davignon withdrew Elfers’ request for the extension of the DEP-Waterways permit.

Also during the meeting, Gregory Bongiorno received a Negative determination for an addition to a house at 21 Inland Road. Donald Simi of 56 West Avenue received a Negative determination for work to repair a failed drainage system and to install a foundation perimeter sub-drain.

The commission met with Brandon Faneuf to inquire about the status of a growth report for the Severance property at 20 Front Street. The commission had issued an Enforcement Order that required the report be submitted by October 21, 2018. Faneuf noted that he had been tasked by Severance to submit an Amended Order of Conditions, apparently strongly suggested by both member Shaun Walsh, who was not at the meeting that night, and Doubrava. Faneuf said he would provide the report to the commission by the December 12 meeting.

            The next meeting of the Marion Conservation Commission is scheduled for November 28 at 7:00 pm at the Marion Town House.

Marion Conservation Commission

By Sarah French Storer

After the hurricanes of 1938 and 1954 blew away the first and then second home built at 31 Shawmut Road, the latest property owner, Giovanni Cimino, is ready to build a third house with a slightly-altered plan previously denied by the Mattapoisett Conservation Commission but approved by the Massachusetts Department of Environmental Protection.

Piggy-backing off a prior 2010 plan denied by the commission, appealed, and then approved by the DEP, Cimino went before the commission on November 14 with a variation of that original plan that this sitting commission approved, pending DEP re-approval.

Engineer David Davignon gave a brief history of the property and the Notice of Intent to build a single-family house on the land, and proceeded to go into the details of the DEP-approved destruction of about 6,000 square feet of existing wetlands on the property, according to commission Chairman Mike King, in order to accommodate the project, of which 2,380 square feet will be replicated on another part of the property.

The project was again before the commission after the superseding Order of Conditions the DEP issued had expired, and the plan the new property owners now offer is somewhat different, with the replicated wetlands now proposed at a different location and with 280 more square feet added to now total 2,618 square feet.

This new replication project straddles two properties – Cimino’s and his abutting neighbor’s, who supported the new location given that the prior plan had the wetlands almost encroaching the front entryway to his house.

The DEP still needs to approve this new version of the plan, and Davignon acknowledged that there was just a slight possibility that the DEP might deny the change and enforce the prior plan.

“They more than likely would issue an enforcement order that that plan be completed,” Davignon specified.

“It would defy common sense that they would go back to the original plan just because of the differences in the grade,” King commented.

With the commission’s approval, Davignon was issued special conditions to abide by, including the flagging of the wetlands in a number of areas relevant to the work area, especially since Conservation Agent Elizabeth Leidhold had yet to approve the wetlands line. Another condition is that the wetlands replication must be completed by June 30, 2019.

“I feel good that there’s two neighbors who are willing to work together or have a better result in the resource areas between the two properties,” said King. Usually, he added, it is more common for neighbors to “butt heads” over projects.

            In other matters, the commission rendered a Negative 3 determination for the Request for Determination filed by Mello, 1 North Street, for a mud room addition and garage extension in the Velocity Zone. The commission added one special condition to notify the conservation office before work commences.

Karl Pothier, 2 Holmes Street, received a Negative 3 determination for a Request for Determination to demolish an existing structure and foundation in the Velocity Zone. The commission added one special condition to notify the conservation office before work commences.

The RDA for Gail and Carlos Freitas of Brandt Island Road received a Negative 2 determination to construct a new single-family house and driveway with grading.

Aaron Bates of 9 West Hill Road received a Negative 3 determination for his RDA to construct a 10-foot by 20-foot shed.

Albert Audette, 8 Crestfield Road, received a Negative 3 determination for the installation of a new 15-foot by 34-foot in-ground pool to replace an existing aboveground pool and fence. There remains an outstanding Order of Conditions that the applicant said would be addressed immediately with the assistance of engineer Bob Rogers.

The NOI filed by Patricia Cunniff, 9 Avenue A, to re-permit septic system repair work previously authorized by the DEP was issued an Order of Conditions to upgrade a cesspool to Title V compliance with the installation of a septic tank, pump chamber, and leaching area.

The continued public hearing for the RDA filed by Mattapoisett Land Trust for Hammond Quarry was not heard and was again continued until the next meeting, and the continued public hearing for a Request for Certificate of Compliance filed by Tiffany and John Shokro of Harbor Road was not heard and was also continued until the next meeting.

The next meeting of the Mattapoisett Conservation Commission is scheduled for December 10 at 6:30 pm at the Mattapoisett Town Hall.

Mattapoisett Conservation Commission

By Jean Perry

The Marion Board of Selectmen reviewed a report detailing the estimated costs of three different options for Marion regionalizing with Wareham, Bourne, Plymouth, and the Massachusetts Maritime Academy for sewer services on November 20,

According to Town Administrator Paul Dawson, the study completed by GHD looked at three options: A. connect to the 21-inch interceptor on Burr Parkway in Wareham, B. connect to the Narrows Pumping Station, and a third option, C, that Dawson said the Town had asked GHD to look at – a direct connection to the Wareham Pollution Control facility.

And thank goodness they did ask to include that third option, Dawson said.

“It turns out it worked out to be the most fiscally, financially feasible operation,” said Dawson. “That’s the one that can probably be done the least expensively,” although when he said “least expensively,” Dawson called it rather “tongue in cheek” because, he continued, “There’s nothing inexpensive about it.”

That preliminary cost is $22.6 million.

Dawson said he would be posting the entire report to the Town website the following day, but in summary, the report reads: “Option C is the most financially feasible option. … The preferred proposed force main route … carries an estimated construction cost of $14.5M in 2018 dollars. Including an allowance for a 20% contingency and 30% for fiscal, legal, and engineering, the total estimated project cost comes to approximately $22.6M, in 2018 dollars.”

But, just that very afternoon, Dawson added, GHD sent him an email inviting him to a December meeting to discuss the options again, as one of the others – A or B – might ultimately wind up as the more “financially feasible” option after all.

“So this may not be the final report,” said Dawson, “so stay tuned.”

Also during the meeting, the board approved a request to purchase and install movable partitions at the Community Center. Frank McNamee, Bob Raymond, Recreation Department Director Jody Dickerson, and COA Director Karen Gregory presented the proposal to the selectmen, saying the project would be funded by a $50,000 donation from the now disbanded Friends of Marion Visiting Nurse Association.

The folding, soundproof walls would allow various programs to run simultaneously for both the Senior Center and the Recreation Department.

In other matters, the selectmen appointed Police Chief John Garcia’s pick for special police officer, Peter Bourgault. The board also appointed Sean Day as a permanent full-time police officer.

The board approved the installation of an elevation benchmark on Town property at the northeast corner of Hammett’s Cove for a study project.

Representatives from CDM Smith met with the selectmen to provide an overview and project update on current wastewater and stormwater projects, collection systems projects, and transportation projects.

The board continued the reclassification hearing with the Board of Assessors until December 4 at 11:30 am.

There will be a special meeting of the Board of Selectmen on November 28 at 9:30 am to discuss the imminent hiring of a new town administrator, DPW director, and treasurer/collector. The location will be determined at a later time and duly posted.

The next regular meeting of the Marion Board of Selectmen has been scheduled for December 4 at 11:30 am at the Marion Town House, since the selectmen’s Christmas party will be taking place that evening.

Marion Board of Selectmen

By Jean Perry