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Homeowner urges leniency on plantings as staff recommends removing boardwalk from salt marsh; commission schedules site visit
Summary
Staff recommended the commission require removal of an unpermitted salt‑marsh boardwalk and reinstate mitigation plantings for 29 Osset Ave (MassDEP #25‑4627). The homeowner said he completed required planting and cited septic constraints; commissioners will visit the site and continued the COC to allow the visit and follow-up.
Alyssa, a conservation department staff member, presented a Certificate of Compliance request for 29 Osset Ave (MassDEP #25‑4627) and described several outstanding items that preclude issuing a full COC tonight.
Staff said a small boardwalk lies within a salt marsh and must be removed, that one required canopy tree was not planted (staff approved an understory substitute but the homeowner requested relief), and that unauthorized vista pruning had occurred. Staff recommended the commission require removal of the boardwalk, installation of a replacement native understory tree in an appropriate on‑site location if feasible, and a site visit by commissioners before final action.
The property owner, identified in the record as Mr. Gustafani, disputed some items and said he had completed required plantings and additional remediation, and that the originally specified tree location was disturbed by a prior septic installation. He asked not to be required to plant a full canopy tree given the septic lines and said he would accept a smaller or semi‑native tree in an alternate location if necessary. Staff agreed to determine whether the boardwalk is on town or private property and said the DPW would remove it if it sits on town land.
The commission authorized a site visit to inspect the boardwalk and planting status and continued the COC consideration to give commissioners time to evaluate the property; the hearing was continued to March 25 (site visit to occur prior to that date).
Why it matters: A Certificate of Compliance ends a permit’s active oversight; staff found evidence of unpermitted structures in a salt marsh and incomplete or altered mitigation, which affects whether the permit’s terms were satisfied.
Next steps: Commissioners will visit the site before the March 25 hearing; staff will confirm property boundaries for the boardwalk with DPW and the town engineer and report back.
