Engineer Beats Chairman by Six Inches

With a light agenda made even lighter by a requested continuance, the Marion Conservation Commission members on February 10 found themselves in the rare position of having an easy night as they inched their way through two hearings.

Doug Thackeray’s Notice of Intent application was again continued at the applicant’s request. Thackeray is seeking permissions to construct an aquaculture operation east of Stewart’s Island in Sippican Harbor. The continuance is scheduled for May 11.

David Davignon of N. Douglas Schneider & Associates represented Robert and Virginia Beams of 35 Holly Road in their Notice of Intent application to make improvements to an existing pier and float.

Davignon said the current float is 8 feet by 8 feet, too small for practical use. The Beams propose to increase the size of the float to 10 by 20 feet and to stabilize it with four float piles. There will also be an overhanging bench and repairs to the pier.

Chairman Norman Hills asked Davignon if the float had been permitted by the harbormaster. Davignon produced confirming documentation.

Hills then asked Davignon if he was in receipt of two letters – one from the Division of Marine Fisheries and one from the current harbormaster. Davignon did not have those letters. Copies were supplied for his perusal and response.

The harbormaster’s letter expressed concern over the size and draft of vessels that would be tied to the float. Davignon and the applicant, who was present, assured Hills that only dinghies and kayaks would be used to access the Beams’ larger sailboat moored nearby.

Then Hills addressed the letter from the Division of Marine Fisheries. He asked Davignon if he read that they were recommending a 30-inch separation between the surface of the seafloor and the bottom of the float, whereas Davignon’s plans noted only 24 inches.

“This is not new construction … 30 inches is for new construction,” said Davignon.

But Hills pressed that 30 inches was the division’s recommendations and that 6 additional inches wouldn’t make that much difference. Davignon countered that it would make getting out of a vessel and onto the float all that much more difficult especially during low tides.

Noting that 24 inches had for many years been the norm, commissioner Steve Gonsalves said, “I don’t want to start changing the rules now.”

While Hills seemed stuck at the 30-inch mark, the other commissioners agreed with Gonsalves.

“Common sense has to be interjected into the conversation,” Gonsalves stated. In the end, the 24 inches prevailed.

The commission issued special conditions on the project, including allowing only the use of shallow-draft vessels, a confirming letter to the harbormaster, pier decking of 2-foot by 6-foot planks spaced three-quarters of an inch apart, and a float stabilized at 24 inches.

Rounding out the agenda, Kevin and Tristi Oliveira, 28 Pawkechatt Way, received a Negative 2 determination on their Request for Determination of Applicability application for construction of a new two-story garage and in-ground swimming pool with surrounding patio.

The next meeting of the Marion Conservation Commission is scheduled for February 24 at 7:00 pm in the town house conference room.

By Marilou Newell

 

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