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Commission approves seawall replacement and one-foot raise over opposition; 6-1 vote
Summary
The commission granted an Order of Conditions to allow a seawall replacement and a one-foot raise to 4.9 feet at 10 Surfside Terrace despite objections from an abutter and counsel, who warned of possible downdrift erosion and recommended softer solutions; vote 6-1 with special conditions and DMF and seawalI-standard measures.
Representatives for homeowner Thomas Grimes presented revised plans to replace an existing seawall and raise its height by one foot to a 4.9-foot elevation at 10 Surfside Terrace. Mark Burgess of Shorefront Consulting said the change would match neighboring walls on the Bass River and that placement and planned construction would be from the upland.
Commissioners questioned whether raising the wall could cause downdrift erosion, end-scour, or redirect wave energy. Attorney Paul Revere, representing a landward neighbor who remains opposed, cited the town by-law that addresses structures that redirect or channelize floods and presented historical plans from 1935 and 1992 showing mean high water on the property before backfilling. Revere argued that draft DEP guidance and coastal science generally favor softer approaches and suggested that adding a foot of wall could contribute to erosion by reflection.
Mr. Burgess and Mr. Grimes said available evidence did not show a measurable increase in erosion from the proposed modest rise and noted that repair of the existing wall was timely and cost-effective. Conservation staff advised that the project is permittable under the town by-laws for lawfully existing seawalls and recommended inclusion of typical DMF and seawall-specific conditions. The filing included letters of support from direct abutters and a letter of opposition from the landward neighbor.
After discussion about alternatives and conditions, Commissioner Elly Tierney moved to issue an Order of Conditions with special conditions; Commissioner Jack Frost seconded. The motion carried 6-1.
The OOC includes standard seawall conditions and DMF conditions recommended by staff and requires compliance monitoring. The commission’s record notes the split among abutters and that the commission found the project permittable under current by-laws while urging consideration of less-impactful alternatives in future proposals.
The decision is procedural under the commission’s permit authority; implementation will require adherence to the OOC special conditions and any monitoring and reporting required by the Conservation Agent.
