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Dock approval now subject to DEP appeal; commission says waiver rules limit local changes
Summary
Representatives for 76 Old State Highway said they had appealed the commission's dock approval to DEP after a delayed local decision; the commission said waiver requests must be filed with the original NOI and that jurisdiction may be limited while DEP considers a superseding order.
The commission heard from attorney Brian Wall and consultant Mark Burgess on behalf of the owner of 76 Old State Highway about a recently approved dock project and a subsequent appeal to the Massachusetts Department of Environmental Protection. The applicants said they sought two waivers (dock and float height) and asked the town to consider amending certain special conditions; they noted an appeal was filed arguing the local approval was issued late and that DEP could issue a superseding order.
The chair explained the commission's waiver regulations require waiver requests to be filed with the NOI and that the board has no authority to grant post‑hoc waivers outside the established process. Staff noted that, while the parties pursue DEP review, the town lacks jurisdiction to alter the decision until DEP rules. The commission offered to discuss regulation drafting at a separate work session but took no local action on the pending DEP appeal.
