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Davis Conservation Commission continues retroactive-permit hearing for 80 Water Street, grants certificate of compliance for prior work

Davis Conservation Commission · December 12, 2025
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Summary

The commission continued an after-the-fact notice of intent for 80 Water Street — covering a repaired retaining wall, a replaced shed and a retrofitted dock — to allow a site visit and additional documentation; the panel separately granted a certificate of compliance for a prior 2014 permit (DEP 14-1247).

DAVIS — The Davis Conservation Commission on Dec. 11 continued an after-the-fact Notice of Intent (NOI) for 80 Water Street (DEP file 14-1433) after hearing from the applicant’s representative about three separate, retroactive actions on a 4,777-square-foot lot beside the Crane River.

David Cowell, a wetland scientist with Hancock Associates representing property owner Peter McKinnon, told the commission the filing covers: in-kind repairs to a damaged stone-and-mortar retaining wall, demolition of a noncompliant shed and a proposal for a new, smaller shed (119 square feet) that meets Zoning Board of Appeals (ZBA) footprint and height conditions, and retroactive permitting for a wooden float dock that has been in place since the 1980s but lacks Chapter 91 and town permits.

Cowell said MassDEP reviewed the submission and noted the project is within 50 feet of the river, so an exemption cited in the initial filing did not apply; he also reported discussing redevelopment and new-development thresholds with a DEP analyst and said he will provide the commission with the DEP correspondence in writing before the next hearing.

Commissioners and members of the public asked detailed questions about the dock’s design and tidal impacts. Town meeting member Bill Rash asked whether the float’s skids and posts — which Cowell and the applicant say are intended to keep the float roughly 18 inches above the mud at low tide — could work loose or sink deeper over years of tidal movement. Cowell and McKinnon said the float rests on a skid that disperses load and that tidal action typically fills any small depressions; they agreed to consider alternative anchoring that would minimize disturbance to mud flats and to provide revised plans addressing harbor-master comments.

The commission voted to continue the public hearing to Jan. 8, 2026 and to schedule a site visit so members can see the shore, retaining walls and dock configuration in person.

Separately during the meeting the commission voted to grant a Certificate of Compliance for an earlier permit tied to 80 Water Street (DEP file 14-1247), approving completed work on a specified addition after staff confirmed the work was done in accordance with the plans and conditions.

What’s next: The public hearing on the Dec. 11 NOI was continued to Jan. 8, 2026; staff and the applicant will supply DEP correspondence in writing, revised anchor/anchorage options to address the harbor master’s concerns, and the commission will conduct a site visit before the next hearing.