Danvers conservation commission approves 9 Jacobs Landing pier with waivers after debate over length and navigation

The Town of Danvers Conservation Commission voted to issue an Order of Conditions for a proposed pier at 9 Jacobs Landing (DEP file 14-1445) and granted two waivers to allow work in the 35-foot no-disturb zone and the 50-foot no-build zone, each waiver passing 4–1.

The applicant’s representative, Luke Fabry of Geological Field Services, told the Commission the project was revised after a site visit and the gangway was rotated 5.5 degrees so the pier sits about 25 feet back from the channel and parallel to it. Fabry said the floats provide roughly 4.9 feet of clearance and that the design meets applicable town, state and federal regulations. “If we pull it back 5 to 6 feet, were gonna start ground,” Fabry said, arguing that pulling the pier back would place boats on the slope at low tide and limit the types of vessels that could use the slip.

Commissioners pressed on public-trust and riparian-rights concerns raised by the harbor master and by a fellow commissioner. Michael Splain said the longer a pier is, the greater the likelihood it could interfere with neighbors’ riparian rights, habitat and navigation. “Theres the public trust that I think is the overriding concern,” Splain said.

Fabry disputed that the pier would be unduly impactful, saying the design uses aluminum, has widely spaced piles, and that the pier would occupy about 10% of the channel below a commonly referenced 25% guideline from Army Corps guidance. He also said the project will apply for a Chapter 91 license with the state and that harbor-master comments will be part of that application.

The Commission attached conditions to its approval. Commissioners agreed the Chapter 91 license number must be displayed in the project materials, and the Order of Conditions requires the work be completed within three years; one-year extensions are available if requested before the permit expires. The hearing was closed before waivers and the order were voted on.

A public commenter, Bill Barratt (Town Meeting member, Precinct 1), urged the Commission to update pier rules to keep pace with increasing activity on the river. In response, the Commission indicated it will pursue a temporary moratorium on new permitting while staff and town counsel examine regulation updates; those changes would not affect projects already submitted.

The Commissions actions on the waivers and the Order of Conditions bring the 9 Jacobs Landing permit forward with clear conditions and a permit timeline. The applicant must still secure any required Chapter 91 approvals from the state.