The Marion Conservation Commission on March 28 issued an Enforcement Order to the owners of 78 Wareham Road for what the commission perceived as an obvious violation of the Wetlands Protection Act and the Clean Rivers Act after visiting the site.
According to Vice Chairman Jeffrey Doubrava, extensive clear-cutting has taken place after visiting the site located next to the Weweantic River.
“A good part of the lot has been clear cut,” Doubrava said. “I’m not sure if that part of it is in [wetlands] buffer, but it’s certainly in the riverfront area. That’s … the mouth of the river…”
Doubrava pointed out that a deed restriction notes that the wooded area that was clear-cut was the habitat of at least one endangered species and not allowed to be touched, which is under the jurisdiction of the Massachusetts Natural Heritage & Endangered Species Program.
“[The work is] not a subtle thing,” Doubrava said. “We didn’t go and pick trees out here and there; it’s essentially clear cut…”
“It’s pretty huge, I think,” said commission member Joel Hartley.
The property owner purchased the land, Doubrava said, and hired an engineer and also filed with the Planning Board for an Approval Not Required to subdivide the land into four lots.
Doubrava said he wasn’t sure if clearing took place within the wetlands line, but he was confident the riverfront zone was disturbed.
The commission said the Enforcement Order will require the property owner to file a Notice of Intent after the fact, and Natural Heritage would be forwarded a copy of the order.
Another possible wetlands violation at 308 Converse Road was determined not to be a violation within the wetlands, but one could be possible at 2 Washburn Park Road. Doubrava suggested the new owners of the horse farm file a Request for Determination for grading and fill already begun in the front pasture, and the owners must submit an engineer’s report before the commission can issue a Certificate of Compliance the new owners had requested for past work.
In other matters, the commission approved a three-year extension for the turtle garden at The Cove, filed by Debra Ewing.
Although the extension for ongoing work was granted, Doubrava expressed he could not support any future expansion of the “salt meadow” area that is mowed to enhance the turtle habitat restoration project, which Ewing had expressed an interest in doing during past meetings.
“I’m not in favor of expanding the mowed areas, given that they had a hard time living within the agreed-to mowed area this past year,” Doubrava said.
Last year, The Cove’s hired landscaper over-mowed the area, crossing marked barriers that were meant to distinguish the boundary of the area approved for mowing.
“And also, I’ve yet to be convinced that the mowing is actually doing anything positive for the box turtles,” continued Doubrava, “so I’m all right with extending it … but I’d like to see more data that, yes, we’re helping the box turtles by doing the mowing and have justified expanding the mowed area.”
Also during the meeting, the commission accepted the withdrawal of Great Hill’s Notice of Intent for underground culvert pipe repair and phragmites control. Continued from February 28, the scope of the project had become more complex than the applicant expected, so Cathy Stone, on behalf of Great Hill, withdrew the NOI and will reassess a future plan for pipe repair, wetlands flushing, and phragmites control.
The commission approved a Notice of Intent for Emmanuel DaCosta to install an in-ground swimming pool at 163 Cross Neck Road, and they also rendered a Negative 2 and 3 determination (no NOI required) for John and Maria Hartwell’s Request for Determination to upgrade a failed septic system with a conforming Title 5 system at 63 East Avenue.
The next meeting of the Marion Conservation Commission is scheduled for April 11 at 7:00 pm at the Marion Town House.
Marion Conservation Commission
By Jean Perry