Late Filing and Buffer Zone Encroachment Stall Island Street Patio Review
Key Points
- Thirty-one Island Street patio review delayed over late-arriving plans and buffer zone violations
- Seventy-one Chandler Drive sinkhole filling sanctioned to address potential cesspool safety hazard
- Six-hundred-eighty-five Highland Street gardening shed permitted near wetlands with fruit tree conservation focus
- Commission authorizes $1,500 emergency expenditure for hazard tree limb removal on Wolf Tree Lane conservation land
- Ocean Street tree request partially denied as board protects two healthy Eastern Red Cedars
The Marshfield Conservation Commission expressed mounting frustration with late-arriving documentation Wednesday night, ultimately deferring a decision on a proposed permeable paver patio at 31 Island Street. Applicant Tim Boyd and representative Richie Oland submitted revised plans at 5:00 PM on the day of the hearing, leaving staff and commissioners little time to review details that appeared to conflict with local regulations. Member J. O'Donnell highlighted that the updated drawings still showed construction activity within a critical 25-foot protected zone, noting, The location that we see in red on the plan you sent in today... it does encroach on the wetlands overlay. We have not adequate rules for a reason.
Conservation Administrator Mike Seele reminded the applicants that the commission typically requires new filings by the Friday before a meeting to allow for proper administrative oversight. While Oland argued that they believed an on-grade project would be easily sanctioned and cited a time crunch
to finish the entertaining space, the board remained firm on technical requirements. Vice Chair S. Malafronte requested more detailed cross-sections of the installation to verify its permeability, stating, I would like to see a cross-section of whatever they're proposing.
Boyd asked if the commission could grant a conditional permit, questioning, Can we not get a vote on the patio and give an as-built that it's not encroached?
However, the board maintained that they could not act on a plan showing a violation. Motion Made by J. O'Donnell to continue the hearing to June 3rd with a deadline for revised plans by May 29th. Motion Passed 7-0.
Safety concerns drove the discussion for a Request for Determination of Applicability at 71 Chandler Drive, where homeowners sought to fill a significant sinkhole in their backyard that may have been an abandoned cesspool. Member C. Miles, who served as the hearing officer, noted that while the property sits within Land Subject to Coastal Storm Flowage and an AE9 flood zone, he did not observe immediate wetlands during a site visit. Administrator Seele confirmed the environmental context, stating, It is within land subject to coastal storm flowage and AE9. I did not observe any wetlands in the area.
C. Miles added that removing accumulated green waste would likely offset the impact of the new fill. Motion Made by C. Miles to issue the determination of applicability with a positive five and a negative two. Motion Passed 7-0.
The commission also weighed a request at 685 Highland Street for a 10-by-20-foot gardening shed and the removal of an ash tree. The applicant, Wayne Marshall, is currently subdividing the property and intends to retain Lot B for gardening and fruit trees. A representative for Marshall explained that the owner has every intention of putting this property into a trust
like the Audubon Society in the future. Member B. O'Donnell, who inspected the site, asked about building permits, noting, I walked it. I looked it over. I saw the ash tree. Have you pursued permits for building? It can be a little tricky with accessory buildings.
While the board discussed the 50-foot buffer zone, they acknowledged they could not legally force a land donation as a condition of the permit. Member J. Platt noted the property’s location in that corner of it that abuts where the post office is.
Motion Made by B. O'Donnell to issue the determination of ability for a positive five and a negative two. Motion Passed 7-0.
In a rare instance of direct municipal spending, the board authorized $1,500 for the emergency removal of a large white pine limb on town-owned conservation land at Wolf Tree Lane. Administrator Seele reported that the limb had snapped and was hanging precariously over a private residence. This hazard tree is located just on conservation land... the homeowner's house is right below the hazard,
Seele said, explaining that RG Tree would be hired to climb and remove the limb. Motion Made by C. Hannafin to authorize $1,500 for the tree limb removal. Motion Passed 7-0.
The commission reviewed several other hazardous tree requests throughout town with mixed results. At 1500 Ocean Street, the board green-lit the removal of two deciduous trees leaning toward a home but denied a request to cut two healthy Eastern Red Cedars. Chair C. Hannafin suggested a compromise: I move that we say take down the two deciduous trees, replant two trees, and leave the cedars alone.
Motion Passed 7-0. At 1299 Union Street, the board sanctioned the removal of four white pines close to the North River with a 2-to-1 replacement ratio of native plants. Motion Made by S. Malafronte to approve the hazardous tree removal with stipulations. Motion Passed 6-0 (C. Hannafin recused).
A request at 49 Waterman Avenue to install 12 boulders to define a beach path was tabled after members raised concerns about property lines. S. Malafronte questioned the legal standing of placing boulders in a private right-of-way, asking, Is that his land? I know it's a private way... we'd be permitting him to put boulders in the right-of-way.
J. O'Donnell added that any such boulders have to be substantial enough so that they don't get moved by water.
The matter will return to the board once property boundaries are clarified. Hearings for 203 Standish Street, 121 Grandview Avenue, and 12 Careswell Street were all pushed to the June 3rd meeting at the request of the applicants. Motion Made by E. Lake to move 203 Standish Street to the next meeting. Motion Passed 7-0.