Commission approves conversion of Worcester Road Docks pier to commercial use in Urbana Creek

The Marine Resources Commission on Jan. 28 unanimously approved Worcester Road Docks LLC’s request to convert a private pier and up to five slips at 41 Orchard Road in Urbana Creek, Middlesex County, to commercial use. The commission voted 8-0 to accept staff’s recommendation and to assess a royalty for the encroachment.

The decision followed a staff presentation that said the facility was historically used commercially, that the county and town had already signed off on required local approvals, and that both departments of health had approved the facility plan. Staff said the project did not appear likely to cause adverse navigation or environmental impacts within the creek. "We found the proposal to be a reasonable permissible use of state-owned submerged bottom and recommend approval for the conversion," a staff member told the commission.

The conversion had been protested by the upstream adjacent commercial operator, who raised concerns about inadequate parking and potential spillover parking onto their property. Andrew Anderson, representing the protesting boatyard, and Louis Hall, the applicant, both addressed the commission. Hall told the commission the site had been used commercially for decades, that three slips were already rented, and that he had no intention of advertising more slips or using neighboring parking. "We have no intention to rent more than 3 slips," Hall said in testimony.

Commissioners pressed staff and the applicant about parking and access. Staff noted that county civil or parking enforcement (sheriff/county) would be the appropriate avenue for resolving trespass or unauthorized parking, and that the commission’s jurisdiction is limited to submerged lands (the pier and slips).

Associate Member Headley moved to accept staff’s recommendation. The motion was seconded by Associate Member Branson and carried 8-0. Staff said the commission would assess a royalty for the encroachment at $1 per square foot, totaling $3,771 for the footprint and wet slip area as recommended.

The commission’s action changes the pier’s official designation from private to commercial, which affects how the structure will be permitted and subject to health-department oversight going forward. The commission’s formal approval was contingent on receipt of required local and health approvals already documented in the file; the Corps of Engineers had advised no additional federal authorization was required on receipt of the application.

The commission record notes that the dispute centered on upland issues (parking, property access) outside VMRC jurisdiction; those matters were raised by the protestant and discussed during the hearing. The commission’s vote addressed only state submerged-lands authorization and the associated royalty.