Marblehead developer waiting on seawall ruling

MARBLEHEAD – Developer Peter Noyes and the Conservation Commission are waiting to see if the state Department of Environmental Protection and the Superior Court will let Noyes rebuild a seawall and establish a ramp on Gerry Island – but according to commission Chairman Walter Haug, that could be a long wait.Haug said the DEP has already canceled an Aug. 18 site visit to the island, also known as Little Harbor Island, and while he still expects the state to make a decision by early October at the latest, Noyes’ court case is likely to take longer.Noyes applied last spring for permission to rebuild the seawall and build a gravel ramp on the natural causeway for truck access from Gas House Beach to the island. The commission denied that request. Two weeks ago the commission denied a second application from Noyes to build just the ramp.Haug said Noyes appealed the commission’s June denial of the ramp and seawall construction to the DEP and then filed a second application, just on the ramp. The DEP was ready to conduct a site visit Aug. 18 on the ramp and seawall appeal, but canceled that visit until the commission ruled on the ramp application. Now that the commission has sent the DEP a record of that decision the DEP is ready to schedule another visit, probably in early September, Haug said. Once the site visit has occurred the DEP has 20 days to issue a superseding order.The DEP will decide to deny or order work conditions based on the state wetlands protection law, but Noyes must appeal the commission’s decision in Superior Court because that decision was based on Marblehead’s wetland protection bylaw.”(A Superior Court decision) could take months,” Haug said, referring to the time needed to get a case on a court docket, schedule hearings and render a decision.Meanwhile, the town has forged one agreement with Noyes. Town Counsel Lisa Mead agreed to raise an injunction the town sought against Noyes if he would remove floats, goats and a goat corral he had placed on the island. Noyes complied with the removal Aug. 10. Mead will represent the commission with the DEP as well as in court.