Boats Stored on Conservation Land

Unless there is any objection from town counsel, the Marion Conservation Commission August 27 decided to allow the owners of A&J Boatworks, located off Point Road, to resume storing boats on town-owned property until June 2015. The actual license to use the lot, which contains wetlands, for that purpose requires a final approval from the Board of Selectmen.

A representative for A&J Boatworks explained that, historically, the land has for years been used by the company to store boats in the winter. The Town ultimately purchased the land where boats are stored, which was originally part of a larger conveyance of land, and the management of the property was handed to the Conservation Commission.

A&J Boatworks continued using the property for the same use until ConCom recently received word from a resident that the boat storage on public land was going on, and the commission ordered the removal of the boats. A&J Boatworks complied and removed the boats.

Unable to find a viable alternative spot to store boats, the company requested a license to store boats at the usual spot over the winter until June 2015, giving it more time to find another location.

Commission Member Norman Hills suggested speaking with Town Counsel Jon Whitten before approval, just in case there was something in the law that would prevent them from allowing the use.

“I don’t see a problem with looking at a license for a year … because it’s not a huge impact area, per se,” said Chairman Lawrence Dorman. He later stated, “It sounds like there’s very little downside … for a one-time license till next year.”

The commission began drafting a letter recommending the license approval to the Board of Selectmen, subject to verification from Whitten.

Also during the meeting, the commission wrapped up an after-the-fact Request for Determination of Applicability for an unpermitted 12- by 8-foot platform deck that Richard Costa of 37 River Road built directly next to the Sippican River.

The public hearing was continued from July 23 because of what Hills now called an administrative error regarding a designated application number.

Dorman was absent from the July public hearing, so he reviewed the photographs of the site of the unpermitted work and asked Costa a few questions.

Commission member Joel Hartley pointed out a ladder facing the estuary side that protruded off the deck and asked about its intended use. Costa stated that he had a mooring in the river and used the ladder to access a pathway through the wetland vegetation leading to the mooring.

“There should be no modification or addition to this thing without coming before us,” said Hills to Costa, as a condition for approval.

Before issuing the negative determination, meaning no Notice of Intent Filing is required, the commission joked about having to bust a few other unpermitted projects within resource areas in town in order to redeem itself. One of the commission members sarcastically offered up the phrase “quid pro quo.”

During further discussion, Hills estimated that the high tide mark was “about six to eight feet” away from the deck. In a follow-up interview, Hills confirmed that no engineer or wetlands specialist visited the site for analysis or to establish the high tide mark.

After the July 23 meeting, when asked if the commission would have approved Costa’s deck if he had filed with the ConCom according to the law, he stated that it mostly likely would not have approved it.

In other matters, the commission gave a negative determination allowing a new bridge to cross a brook at White Eagle Parcel of Aucoot Woods for the Sippican Lands Trust. Eagle Scout Jack Gordon wishes to build a bridge for his project out of 100-percent donated wood and volunteer efforts.

Gordon addressed the commission himself, describing the bridge.

“It’s going to be wide enough so that you can get wheelchairs [across] but not ATVs and things like that,” said Gordon. The bridge will be built in sections off-site, and then installed at the site.

The commission also issued a negative determination granting approval for a new observation deck to replace the old dilapidated one at Peirson Woods.

“It’s a little wiggly at the top,” said Alan Harris of the SLT. “And getting up the ladder has become challenging for some folks.”

The new observation deck will occupy the same footprint as the last one, but will be built up to six feet instead of five feet.

The commission vaguely discussed some letters of correspondence they received from several different parties, and stated that one matter of a wall at Sprague’s Cove would be placed on the agenda for the next meeting. Hills said the ConCom received two letters regarding the matter: one from the Massachusetts Department of Environmental Protection and the other from the U.S. Army Corps of Engineers.

The next meeting of the Marion Conservation Commission will be September 3 at 7:00 pm at the Town House.

By Jean Perry

MRcc_090414

One Response to “Boats Stored on Conservation Land”

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  1. Dear Jack, 5 September 2014

    The project that you have set out to do for your Eagle Scout endeavor appears to be a worthwhile one and your approach of presenting it to Marion Conservation Commission seemed to have been well thought out. I’m sure that it was most impressive to the Commission, just as it is now with us. When Jack Gordon sets out to do something, you can be sure that it will be well thought out and done well. We’re most proud of you Jack and for all that you stand for, keep up the good work.

    With our love and best wishes,
    Grandpa S. and for Grandma S.

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