48:17The Almquist dock project on Nevs Road took center stage as attorney Brian Wall, representing the applicants, argued that the dock predated both the Wetlands Protection Act and local bylaws. Wall presented evidence including an aerial photograph from the early 1970s and neighbor letters, asserting that the dock had not been abandoned despite non-use due to health issues of the previous owner. He emphasized that non-use without intent to abandon does not equate to abandonment, drawing a metaphor comparing the dock to a valuable but inoperable classic car.

01:03:59However, the commission’s staff presented a contrasting view. They noted that the aerial photo did not fully demonstrate the dock’s historical presence and emphasized that the area is a velocity zone, where enlargements or new docks are prohibited. The absence of a Chapter 91 license further complicated matters. Staff also raised concerns about the letters from neighbors, questioning their credibility due to uniformity in language, which led to skepticism from some commissioners.

The commission deliberated on whether the existing dock could be grandfathered, balancing its historical context with current environmental protections. The lack of a Chapter 91 permit and the environmental implications of constructing a new dock in a velocity zone were significant hurdles.

01:30:40Following this debate, the commission addressed another request involving the installation of a swimming pool and mitigation plantings on Associates Road. Tom Bunker from BS Design plans to amend a previous order of conditions, replacing an approved hot tub with a swimming pool and adjusting mitigation plantings due to changes in the project’s footprint. The commission engaged in a thorough discussion on the appropriateness of mitigation placements, emphasizing compliance with regulations and the importance of flexibility in accommodating environmental conditions.

02:01:59The meeting also covered the enforcement order against Steven for unpermitted removal of mitigation plantings and hardscape installation. The staff recommended replanting with more tolerant species and relocating them to drier areas, highlighting the need for compliance and proper management of mitigation requirements.

40:28Another agenda item was the reconstruction proposal for a pier on Circle, presented by Barleta Cape Properties. This straightforward project involved replacing deteriorated timber pilings to match the existing structure, receiving swift approval from the commission without opposition.

01:16:16Lastly, the commission considered a project aimed at flood prevention by raising a berm’s grade and installing a vegetated swale. These adjustments were intended to mitigate severe flooding risks around a residential property. The commission expressed no major concerns about these modifications, which were expected to reduce environmental impacts.