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