MA - Vertical Wall No-Go in Velocity Zone
A request for a Certificate of Compliance filed by Laurence E. Reinhart (East Avenue Trust) for work done at 17 East Avenue brought concern to the Marion Conservation Commission after four of its members visited the site on October 21 and found four discrepancies, one of which was considered a deal breaker.
During the commission’s October 25 public meeting, a letter from the applicant’s engineer with an Order of Conditions dating back to 2010 for new construction noted deviations to what was permitted.
Commissioner Shaun Walsh said that the plan called for sloped grass with an approved fabric to keep the soil in place, but instead two retaining walls were constructed. Citing the land being subject to coastal-storm flowage and being in a velocity zone, Walsh was surprised at what was constructed. He explained that the plan called for a gentle slope so that the water would redistribute safely.
“I don’t think we would have granted an amended order of conditions because that’s not the same impacts. It’s more impacts,” said Walsh, describing the construction as trying to pound a square peg into a round hole. “I wish (engineer) Rick Charon was here, I’d be interested in what he’d have to say.”
Attending remotely, Conservation Agent Doug Guey-Lee told the commissioners that he had been told by the applicant to expect Charon’s attendance. He sought clarification on the commission’s intentions in dealing with the deviations from the plan.
In clarifying his own position, Chairman Jeff Doubrava said he could live with the generator, staircase and additional recharge areas and suggested that a request for determination of applicability would be a proper manner for vetting those items. It’s the retaining wall he could reconcile with because doing so would send a bad message to future applicants.
“Since I’ve been here, we’ve never allowed anybody to build a vertical sea wall in a velocity zone, we’ve always asked them to have a slope,” said Doubrava, who said the commission has allowed retaining walls with a slope on the downward side to diffuse the wave energy. “This is not an acceptable implementation of the Order of Conditions.”
Doubrava cited multiple cases in which the commission required seaward slope of a retaining wall, one of those only two doors up from the applicant’s address.
“This is the velocity zone. If it was the A zone, not a big deal,” said Doubrava.
No members of the commission were serving when the Order of Conditions was granted. Doubrava said it’s not the commission’s responsibility to find a solution for the applicant, but he and Walsh agreed they would like to hear from Charon. Doubrava said, if left dormant, the matter won’t come up again until the house is sold. Walsh, an attorney, suggested that the blockage would come up with a lender for a prospective buyer of the house.
Since the request, the commission has been obligated to respond within 21 days. But Walsh suggested, knowing the certified will not be granted without further discussion, that the applicant should be receptive to extending a rule of convenience to avoid the alternative, which is denial.
Walsh suggested Guey-Lee reach out to Charon to see if he would attend the commission’s next meeting (November 1) and see if a solution is possible. The matter was thereby tabled.
A Notice of Intent filed by 133 Wareham Road LLC to construct a 45×35-foot commercial building with associated parking, drainage, utilities and grading at the corner of Route 6 and Point Road was heard, and consulting engineer Jamie Bissonette presented on behalf of the applicant.
The area is approximately 15,295 square feet (23.5 acres) and is located in a flood zone. The wetland line, he said, was established in May.
The building will be used by an aesthetician and associated spa workers. Bissonette said the applicant has filed with the Planning Board for a Special Permit to reduce the number of parking spaces from the required 11 to nine. With the Planning Board still vetting the project, Bissonette said the applicant would like to continue the case with the Conservation Commission regardless of its own disposition so that any changes in the Order of Conditions as set by the Planning Board would be included in the commission’s decision as well.
The new business will share the entrance to the parking lot, and handicap access will be installed on the other side of the building. Screening will be provided to the abutting residence by a 6-foot vinyl fence.
After pointing out three drainage areas and associated treatment, Bissonette said plantings would include four dogwood trees, 30 white azaleas and four giant arborvitaes in the front. A 12-inch silt sock will be used for erosion control.
Commission Chairman Jeff Doubrava said his only concern would be to place a permanent marker to indicate the buffer to the wetland line.
“Historically, that’s been boulders or – I don’t like the term – permanent, split-rail fences,” he said, explaining it means, “You can’t go farther than this with anything.”
Walsh agreed with Doubrava, citing incremental encroachment toward the line.
The limit of work is 15.9 feet at its closest to the wetland line. Commissioner Matt Schultz confirmed that the land behind the new building will be raised by approximately 3 feet. Walsh complimented the applicants on improving the site since taking ownership.
At Bissonette’s request, the commission continued the public hearing to December 13.
A Notice of Intent filed by Sandra Peterson, Dexter Road Family Trust, for construction on an existing, single-family house and construction of a permanent pier, seasonal ramp and float at 35 Dexter Road was conditioned.
Following feedback at the last public hearing, a revised plan was submitted with the pier shortened by 18 feet. The commission also received comment from the harbormaster and from the state’s Division of Marine Fisheries. Both of the letters indicated no concerns with the plan.
Heather Vrattos was voted a Negative Determination (Boxes 2 and 3), allowing her to cut down and remove a dead poplar tree and cut down and remove three dying ash trees on Water Street. Having visited the site with members Ethan Gerber and Millie Seeberg, Doubrava said the trees were flagged and appeared to be dead.
The Marion Conservation Commission was scheduled to meet on Wednesday, November 1, at 7:00 pm.
Marion Conservation Commission
