Marion Conservation Commission approves golf club restoration plan

Sep 29, 2022

MARION — With a vote to approve a revised restoration plan for damaged wetland areas at the Marion Golf Club, the Marion Conservation Commission ended a months-long dispute with the club.

On June 9, the commission issued an enforcement order against the Marion Golf Club, which the club called “invalid” in a pending civil lawsuit. The order called for the club to restore and reflag two wetland areas that were damaged during approved forestry work earlier this year. 

The revised plan, presented by Brian Madden, a scientist from LEC Environmental Consultants, a firm contracted by the club, addressed concerns raised  by the commission during a Sept. 14 meeting. 

In the revised plan, the areas needing restoration were expanded, and nine cedar posts that line the boundary of the protected wetland area were marked. Each post will have a sign reading, “Marion Conservation Commission, Protected Area.” 

According to Madden, the signs would “physically demarcate the no-mow areas and make it abundantly clear for any future mowing activities.”

The plan also outlines a two-year restoration and monitoring schedule to ensure the damaged areas regrow properly. 

During the meeting, Michael Kane and Will Fulton, two of the club’s owners, raised issues with how the Conservation Commission handled the enforcement order against the club.

Fulton accused conservation commission member Shaun Walsh of trespassing on club property. 

“I want to know, Shawn, how many times during the course of this debacle have you trespassed on our property to get information to send to the Conservation Commission to set up this case?” asked Fulton.

Alex Weisheit, a lawyer who represented the commission during the meeting, advised Walsh not to respond.

In its civil lawsuit, the club says that the Marion Conservation Commission violated the club’s fourth amendment right to protection from unlawful search and seizure when members reportedly toured the facility unannounced. 

Later in the meeting, Kane said that the wrong party was named in the enforcement order. The enforcement order states that the Marion Golf Club is the course’s property owner, which the club disputes. The club says the property owner is the Marion Harbor East Trust.

Kane also said that the club intended to remove an invasive plant species when clearing the protected area. Jeff Doubrava, Chair of the Conservation Commission, said that the club should have presented a plan to the commission before clear-cutting the area. 

According to Doubrava, the enforcement order will be removed once the commission has seen evidence of restoration. 

“You're gonna go do the things that are in the restoration plan, and providing the area is restored, then we'll release the enforcement order,” said Doubrava. 

Marion Town Administrator James McGrail has not given an update on status of the lawsuit as of Sept. 29.