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Appeals court hears pier‑permit dispute over shellfish habitat and DEP superseding order

Massachusetts Appeals Court — Oral Arguments (panel) · November 18, 2025
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Summary

Resi LLC appealed a local conservation commission denial that found a ~28 sq ft permanent loss of significant shellfish habitat, while DEP issued a superseding order approving the pier; arguments focused on adjacent‑area impacts, insufficient applicant disclosures about boats, and whether local bylaw language permits denial.

Boston — The panel reviewed an appeal by Resi LLC after a local conservation commission denied a proposed pier, finding potential permanent loss of significant shellfish habitat; the Department of Environmental Protection later issued a superseding order approving the project subject to conditions.

Kim Crowe, representing Resi and a special receiver,…

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