273-Foot Grandview Avenue Dock Faces Local Bylaw Hurdle Regarding Frontage Variance
Key Points
- Commissioners expressed concern over a 273-foot dock proposal at 121 Grandview Avenue that requires a variance from local pier length regulations.
- The board approved the raise-and-rebuild of a home and accessory dwelling unit at 106 Abby Street following the preservation of native dune vegetation.
- A flood-compliant home at 52 Gilbert Street will utilize a geothermal well for heating and cooling, which the board noted as an efficient alternative.
- Member Jesse Platt stepped down from the commission after a period of service that included completing her MAC certificate in record time.
The Marshfield Conservation Commission wrestled with a significant variance request for a proposed residential dock at 121 Grandview Avenue during its April 15 meeting, highlighting a growing tension between property owners and local regulations designed to prevent the proliferation of structures over salt marshes. The project, brought forward by applicants Craig and Sheila Garland, seeks to construct a pier, gangway, and float totaling 273 feet in length. However, the proposal runs afoul of a specific town regulation requiring that docks not extend beyond one-half of a lot’s water frontage.
Attorney Adam Brodsky, representing the applicants, argued that the property’s unique dimensions—nearly 700 feet long but less than 100 feet wide—necessitated the variance to reach navigable water safely. The proposed dock complies with your regulations in all respects except for the requirement that the dock not extend further than one-half of the lot's water frontage,
Brodsky told the commission, noting that pile-supported walkways are often a better alternative than homeowners dragging equipment across sensitive salt marsh. Project manager Paul Seaburg of Grady Consulting added that moving the structure further back would create safety risks, stating, It's not safe for people to be climbing down an 11-foot ladder
if the dock were shortened.
Commission members expressed deep reservations about setting a precedent that could lead to "dock congestion" similar to other areas in town. Member B. O'Donnell pointed to existing congestion on Ferry Street as the reason these strict regulations were adopted. Several were along Ferry Street. That's a good example of why this regulation was adopted. You can practically walk from one dock to another,
B. O'Donnell said, adding, I think it has to stop somewhere.
Member C. Miles noted that the intent of the bylaw is to prevent long docks being placed over the marsh.
Chair Craig Hannafin echoed these concerns, pointing out that local bylaws only allow variances for rare and unusual cases, asking, What is the objection to moving the structure out of the tidal flat?
Member J. O'Donnell also questioned the project's reception by other town departments, asking, Has the harbormaster weighed in?
Hannafin noted the harbormaster was not in support of the current design. The commission ultimately suggested a continuance to allow the applicants to consider revisions after Brodsky warned that a denial might lead to a legal challenge of the regulation itself.
The commission moved more swiftly on several residential redevelopment projects. At 106 Abby Street, the board finalized a raise-and-rebuild project for a single-family home and detached accessory dwelling unit (ADU). James Garfield of Morse Engineering presented updated plans that tightened construction limits to protect mature dune vegetation. We added four conservation posts, a soil stockpile area, and further details on utility connections,
Garfield said, noting that the homeowner had decided to keep the natural vegetation profile rather than implement a formal management plan. C. Miles expressed satisfaction with the revisions to the barrier beach site. Motion Made by C. Miles to close the hearing and issue the Order of Conditions. Motion Passed 7-0.
A similar raise-and-rebuild at 39 9th Road also received the green light. Garfield, again representing the applicant, noted the project would result in a net decrease of impervious area on the 3,600-square-foot lot. While the commission typically prefers pervious driveways in coastal dunes, Hannafin acknowledged the overall betterment
of the plan. J. O'Donnell observed that the project had strong local support, noting the fact that you got three abutters to endorse the project is a good thing.
Motion Made by J. O'Donnell to close the hearing and issue the Order of Conditions. Motion Passed 7-0.
Environmental innovation took center stage during a hearing for 52 Gilbert Street, where Brian Taylor of Stenbeck and Taylor proposed a new flood-compliant home featuring a geothermal well for heating and cooling. They drill a deep well. After you get six feet down, the ambient temperature is 55 degrees year-round. It's very efficient and eco-friendly,
Taylor explained. Member E. Lake, acting as the hearing officer, sought clarification on the technology, stating, I'm not familiar with geothermal wells. Can you describe the installation?
While the commission reacted positively to the plan, which includes replacing a concrete foundation with wooden piles and planting six eastern red cedars, the hearing was delayed due to the lack of a state DEP number. Motion Made by E. Lake to continue the hearing to May 6. Motion Passed 7-0.
Technical details regarding drainage and footings dominated the discussion for 24 Constellation Road, where Annie Asera sought approval for a wraparound porch and site improvements. Engineer Al Lumis of McKenzie Engineering adjusted the plan to use diamond piers to minimize soil disturbance, though two traditional sonotubes were required near underground utilities. The new plan shows for the most part diamond piers,
Lumis said, adding that the removal of a concrete patio would create a net gain of pervious area.
Conservation Administrator Mike Seele flagged a recently installed concrete pad for an HVAC unit that hadn't been previously approved, noting, The commission typically wouldn't approve a concrete pad in this environment.
Vice Chair S. Malafronte questioned if the height of the unit met flood standards, asking, So the issue is not elevation because it's at 18.2, right?
Asera apologized for the oversight, and J. O'Donnell requested further coordination with the building department before the next meeting. Motion Made by J. O'Donnell to continue the hearing until May 6. Motion Passed 7-0.
In a smaller request, the board approved a new paver patio for 17 Clear Echo Lane. The homeowner explained the project was necessary after a previously approved sunroom project took away all available outdoor deck space. B. O'Donnell questioned the permeability of the project, asking, Is this pervious or impervious?
After hearing the patio would use a crushed stone base and spaced pavers, the board moved to approve. Motion Made by B. O'Donnell to issue a Determination of Applicability. Motion Passed 7-0.
The meeting opened on a sentimental note as the commission bid farewell to Member Jesse Platt. Hannafin praised Platt’s dedication and her rapid completion of the state certificate program, saying, You have been an outstanding member... we will miss you.
Platt, who is stepping down to pursue new endeavors, told the board, I feel really grateful to serve with you guys and I hope to come back in the future.