Dale and Laura Briggs on July 12 received an Order of Conditions from the Marion Conservation Commission, allowing them to install three 16-inch diameter piles on the south side of their dock at 23 Dexter Road. Now their boat won’t get pushed around by the wake of other boats passing by.

            Representing the Briggs, David Davignon of Schneider, Davignon & Leone, Inc., appeared July 12 via Zoom to report that the letter sought from Natural Heritage Endangered Species program had been issued on July 3 and stated that the work at the site will not result in an adverse effect on the wildlife-habitat area.

            “With that last document, we can now close the public hearing,” said Davignon.

            Commission Chairman Emil Assing confirmed that the Natural Heritage letter is the state Department of Marine Fisheries document that the case had been awaiting. Conservation Agent Doug Guey-Lee, attending the meeting via Zoom, noted that the town had also received comment from DMF via email acknowledging the NHESP letter. With that, the commission voted to close the public hearing.

            Later in the meeting, a unanimous vote of the three-member quorum of Assing, Jeff Doubrava and Matt Schultz would seal the deal.

            The property has been the subject of multiple filings, including an open Order of Conditions for the construction of a single-family house and certificates of compliance for seawall, pier and boardwalk work at the Dexter Road address.

            Davignon said the new pilings will align with existing piles on the north side of the dock.

            According to Assing’s motion on the case, the interests of the act for the project are fisheries and land containing shellfish, and the scope of work is to construct the boat-mooring piles and associated work on the existing pier.

            Special Condition 35 will apply, prior to the commencement of the work the applicant shall arrange an onsite meeting with the Conservation Commission or its designee, the contractor and applicant to ensure all the conditions of the order are followed. The Order of Conditions shall be part of the contractor’s written contract.

            The commission voted to approve two requests for certificates of compliance, first to Paul Lugten, 18 Pinehill, in what was described by Doubrava as “a pretty old case,” the original project having been approved for a 1990s subdivision.

            According to Doubrava, the houses in the subdivision have changed hands a number of times but, over 40 years, never received relief from the original Order of Conditions. “We do one of these a year,” said Doubrava, noting that the commission has been averaging the issuance of one COC per year for the project for the last 10 years.

            The other COC was awarded to Scott Rassoulian, who had moved some trees at 195A Converse and made an access path to the water. Doubrava and associate member Millie Seeberg visited the site. Doubrava reported no inconsistencies with the Order of Conditions.

            In an update on 882 Point Road, Guey-Lee told the commission he visited the address on July 8. The commission determined that the work had been done at what Assing described as an uplands site.

            The members agreed that the hybrid meeting format should continue, but how that is sustained has yet to be confirmed since town officials recently indicated the intendion to let the town’s Zoom subscription expire.

            A permit granted to Sprague’s Cove last year was discussed, and Guey-Lee encouraged anyone with questions to reach out to the Department of Public Works.

            The Marion Conservation Commission was scheduled to reconvene on Wednesday, July 26, at 7:00 pm at the Police Station.

Marion Conservation Commission

By Mick Colageo

            The Marion Open Space Acquisition Commission held its July 6 public meeting in anticipation of the July 10 realization of hoped-for bids from contractors for the job of stump grinding and grubbing out of the stretch of the Point Road Path between Joanne Drive and Jenna Drive.

            The theory presented by MOSAC Chairman John Rockwell is to time out that project with the town’s planned resurfacing of Joanne Drive and Jenna Drive. The milling part of that project will presumably create loose asphalt that MOSAC might be able to access for use as a base or surface of the path.

            Meantime, frustration on the part of Point Road residents was expressed by Shaun Walsh in the form of a philosophical disagreement.

            “I feel like we took one step forward and you’re taking maybe two or three steps backward,” said Walsh, who referenced May meeting minutes and, based on comments include those from MOSAC members, came away believing it would be a “100% bid, design, built project.”

            Walsh asserted that the town administrator was under the same impression as he.

            “What I’m hearing now is the Open Space Acquisition Commission, whose primary mission … is to acquire open space in town, it appears that MOSAC is now in the process of engineering and building paths,” he said.

            Walsh acknowledged Rockwell’s expertise and experience as a builder but said, as a town resident, he feels “uncomfortable with a committee of this nature now trying to figure out retaining walls and the amount of material that’s going to be needed. … If the bid specs would have been developed and published as a 100% design-build project, we wouldn’t be having this conversation.

            “It sounds like this project is getting chopped up into smaller and smaller segments, and I’m really concerned that not only does that add to the already-lengthy amount of time that this relatively straightforward project has taken …”

            In light of 2019 Town Meeting’s appropriation of $268,000 for the project, Walsh said his frustration is shared by others who live in the Point Road area and have no safe area to walk, run or bike. He asserted that all of the details being explored in MOSAC meetings this year should have been included in one bid that would have better motivated prospective bidders.

            In reference to a question that came in via the chat function of the Zoom meeting, Rockwell acknowledged the time that has passed and predicted that the path will not open this summer.

            “We want to see it completed, too, and as I explained at the last meeting, there’s a cost and a timeframe issue, both of which are important in terms of getting this out … so you could bid it out in state contract over $50,000,” said Rockwell, adding that engineering and permitting comprise 30% of a project cost.

            Resident Kate Cooney asked if the amount approved by voters four years ago is not enough to complete the project. Rockwell said it would not be known until the project is completed. He clarified that MOSAC does not have the money to complete the project “soup to nuts” as suggested by Walsh.

            “If we do a project that costs over $50,000 … you have to do it under the provisions of the state Procurement Act … which requires us to write up bid specifications – they’re very specific – and would require us to hire an engineer to do so,” said Rockwell. “That was not in our budget to have an engineer design bid specifications.”

            Walsh argued that $10,000 to $15,000, the amount he says Rockwell estimated for engineering services during a prior MOSAC meeting, “is not a significant amount of money … why can’t that occur at this point?” Walsh argued that since the stretch between Jenna and Joanne Drive can be completed without complication, MOSAC should focus on getting the stretch completed.

            Beyond tree work done by Dave Jenney and Grimes Tree Service amounting to no more than a few thousand dollars, Rockwell said there has been no significant spending of the allotted funds as of the July 6 meeting. He said he spent some out-of-pocket money for stakes that he did not plan to bill the commission for. Eversource took down trees in the course of its own purposes.

            Rockwell qualified, however, that $117,000 of the $268,000 approved for the project in 2019 was allocated to “in-kind services” such as the Notice of Intent he filed with Jeff Oakes to plot the wetlands line and a match involving contract supervision and design work.

            “The problem is you need money at the end of your project to finish it, and … many times it’s too late to save the money when you’re at the end,” he said. “You have to try to save at the beginning too.”

            Rockwell said it was not MOSAC’s grant to do a 100% project as suggested by Walsh, who wanted to know if, at this point, there would be any blockage to MOSAC putting out bid specifications for a 100% project just from Jenna to Joanne Drive.

            Rockwell disagreed with Walsh’s assertion that the 2019 funding could be thusly applied in keeping with the intent of the appropriation.

            “We were given money for construction,” said Rockwell, clarifying that engineering costs were not built into the $268,000 awarded at Town Meeting.

            Walsh openly wondered about another source of funding to hire an engineer. He also wondered if DPW engineer Meghan Davis would be able to put bid specifications together.

            Rockwell said then-DPW Director David Ouellette offered help but that did not materialize. He also noted that MOSAC unsuccessfully tried on multiple occasions to obtain grant funding for the engineering piece.

            Upon seeing that a retaining wall had been built at Cushing Community Center, Rockwell inquired with the DPW about the wall needed for the Point Road path but reported having been told the property has to first be surveyed with the project included, a time and money-consuming process.

            “We’re actually doing the path of least resistance to get this done,” said Rockwell. “Last year, we were stumped for a while on this project because of the pushback we got from DPW, and so far we’ve got all the trees taken out for nothing.”

            Rockwell said bids are due July 20 to do the clearing and grubbing.

            “So I think we’re doing okay,” he said. “In terms of project value that we’re adding to the construction value by getting this done, yeah, we can hire somebody. But we don’t have any money. And to try to get money … that takes longer and is more frustrating than actually just doing the work yourself.”

            MOSAC member Deb Ewing asked if Town Administrator Geoff Gorman could play a diplomatic role in helping MOSAC get help from the DPW in building the retaining wall. Rockwell encouraged her to approach Gorman on the matter.

            Rockwell noted that the DPW does work at Silvershell Beach and Washburn Park, which are Recreation Department areas, and Island Wharf, which is run by the Marine Resources Commission. Meantime, he says it has been a challenge to get Grassi Bog mowed.

            Citing new people in the town administrator and DPW offices, Walsh encouraged MOSAC to re-engage the town for assistance.

            Final bids on the current phase of the project were due July 10.

            The Town of Marion plans to repave Joanne and Jenna drives, the first action being to mill the road, which will create material that MOSAC wants to use for base or topping for the new roadside path.

            The next meeting of the Marion Open Space Acquisition Commission was not scheduled upon adjournment.

Marion Open Space Acquisition Commission

By Mick Colageo

            Modernizing its operations and communicating with town authorities on what the function of the marine department should be were topics discussed at Monday night’s Marion Marine Resources Commission meeting at the Music Hall.

            MRC members talked about the need for repairing a seawall, a town structure. Members expressed concern that town authorities will ask the MRC to cover entire costs for the project, although the structure is a town entity.

            Interim Harbormaster Adam Murphy said there are discussions that it will cost $9,000 to design and engineer a grant for the project. The deadline is approaching in February.

            MRC members said the commission generates revenue but some of that revenue goes into the general town treasury. However, when it comes to funding Waterways projects, the MRC cannot access those funds, yet is expected to help finance some major projects.

            Members said it might be wise to set up a meeting with Town Administrator Geoffrey Gorman, so all sources know what the expectations are for the MRC and for the town at large.

            Murphy, who is in regular talks with Chief of Police Richard Nighelli, agreed. He proposed a meeting with the MRC, Gorman and Nighelli to iron out what the funding and enforcement expectations are for all sources connected to Waterways issues.

            “We need to change (funding) mechanisms so we are maintaining facilities with the appropriate funds,” Murphy said.

            “Some of this is normal, smalltown stuff we are going to take care of, but when we talk about serious money, then (town authorities) say, ‘We’re not it,'” MRC Chairman Vin Malkoski said.

            MRC member Cheryl Souza said events such as a pier “washing out” raises questions as to responsible department and funding sources.

            Murphy also discussed introducing a fob system for using a public watering hose by Old Landing and something similar for public showers. Murphy said his staff shut down the watering hose by Old Landing because boaters were leaving the hose on and wasting water. He also said that hose required quarters, making for a difficult collection process. Murphy shared stories of how he and other staff have walked into a bank with a bucket of quarters. He also said some people have used public shower facilities as urinals.

            On a similar note, the MRC has streamlined the process for mooring boats – a computerized system in which boaters and town authorities can view the length of the docking chain, coordinates and specifications.

            In other MRC business, Assistant Harbormaster David Wilson reported that despite heavy rains and a local algae bloom, town beaches and waterways are clean and in good shape for swimming so far. He also reported that the town, for the second consecutive year, received a shipment of dead quahogs.

            MRC members said it is likely a shipment issue as authorities are receiving a shipment of undersized quahogs.

            The next meeting of the Marion Marine Resources Commission is scheduled for Monday, August 21, at 7:00 pm at the Music Hall.

Marine Resources Commission

By Jeffrey D. Wagner