Town to consult lawyers after DEP approves 290-foot pier
Selectmen are backing the Conservation Commission as it seeks to oppose a 290-foot pier proposed by Daniel and Laurie Darosa of 3 Goodspeed Island.
The Conservation Commission was concerned with the impact the pier could have on the habitat and on the nearby sewage pipe if a large storm broke it apart.
In October, the commission asked the Darosa to pay for studies by an independent engineer on the pier. When the Darosas denied the request, the commission also denied the permit.
The Darosas appealed the decision to the Department of Environmental Protection (DEP) and received approval on Jan. 13.
In light of the decision, the Conservation Commission wrote a letter asking for the use of Town Counsel to seek a reversal of the DEP’s Superceding Order of Conditions.
A group of 211 concerned citizens also submitted a letter to Selectmen asking them to support the Conservation Commission.
The letter read: “The proposed pier as presently designed would create a significant risk of catastrophic storm damage to Eel Pond and the inner harbor as well as the town’s sewer infrastructure.”
Selectmen also received a letter from the Darosas’ lawyer, John Geshue of New Bedford.
“Opponents of the pier have disingenuously claimed that the pier is a risk to the sewer line located some 870 feet away to the Southwest,” wrote Geshue.
He said that the pier design is “structurally sound,” and there is no historical data to backup residents’ concerns.
Selectmen Chair Paul Silva was in favor of getting more information and supported the commission’s request.
“After reviewing everything I feel comfortable in supporting the board,” he said. “I think [the DEP’s] denial was based on the lack of information that they should have received, technical information particularly.”
Silva said the DEP should not have approved the permit anyway, knowing that the Conservation Commission did not have access to the technical information needed to make an informed decision.
Going forward, Town Administrator Mike Gagne will consult with the town’s lawyers to see if an appeal is a viable option.