In a determination of applicability, the Department of Environmental Protection declared that a granite seawall and a concrete walkway on land owned by Stone-Ashe Realty Trust lie seaward of the historic high water mark. After a hearing, I find that the structures are landward of the historic high water mark. Consequently, I order DEP to issue a final determination that the seawall and walkway lie landward of the historic high water and are, thus, not subject to 310 CMR 9.35(3)(A)(2)b, which requires public access over filled tidelands.
Because DEP provided neither direct observations of flow nor observations of scouring or other indicators that water flows in the channel, I hold that the channel on Knott's land does not contain an intermittent stream and the sides of the channel are not regulated banks.
The project proponents' motion for summary decision is granted following the petitioners' failure to raise a material factual dispute regarding their claims of information insufficiency, noncompliance with standards for work in a coastal bank or its buffer zone, land under the ocean, and fish run, alteration of land subject to coastal storm flowage, protection of groundwater supply and compliance with the DEP's stormwater policy.
Dismisses, pursuant to stipulation of the parties, a ten resident appeal of a superseding amended order of conditions the Department of Environmental Protection issued that approved a path built by applicant through a lot owned by the Division of Conservation and Recreation (DCR) in the Alewife area between Route 2 and the Little River.
Title 5 variance denial appeal dismissed as moot based upon the parties' joint stipulation of dismissal.
Appeal dismissed after a stipulation of dismissal was filed by two parties and, following an order to state its position, a third party agreed to the dismissal.