Gerry Island Hearing Tonight

The town's will hold a public hearing tonight regarding a request from Peter Noyes to construct a gravel pad meant to facilitate access to Gerry Island.

Tonight's hearing, scheduled to begin at 7 p.m., is a continuation of one opened last month that Noyes failed to appear for, Conservation Commission Chairman Walter Haug said.

The meeting will be held in the lower level of the Mary Alley Municipal Building, located at 7 Widger Road. To view the meeting's posted agenda, click here.

Haug said Noyes' consultant, Peter Ogren of the Wakefield-based Hayes Engineering Inc., is expected to present a request for permission to construct a gravel pad meant to facilitate access to the Little Harbor island.

"The original application involved both the rebuilding of the island's seawalls and the construction of this ramp," Haug said. "This new application deals only with the ramp."

In June, commission members denied Noyes' application for a permit to reconstruct seawalls on the island, saying that his proposed construction would violate the Wetlands Protection Act.

The commission also fined Noyes $900 for and for not telling the commission when he was driving it off. Noyes has since filed an appeal against the town in Superior Court challenging the pair of enforcement orders issued against him.

Noyes has asked the court “to order that the owners of Gerry's Island (Little Harbor Island) and their assignees have the right to use the deeded Way for the purpose of passing and repassing to and from said Island for all purposes.”

Noyes Claims Town Allows Driving on Other Beaches

Noyes said in his appeal that the commission's order “is contrary to law because the town has agreed to allow the Way to be used.”

The appeal further claims that the causeway is not subject to state law, Chapter 131, Section 40 because it excludes projects existing before 1973.

“Construction in coastal wetlands of access driveways is allowed in a manner which allows the flow of the tide,” the appeal said.

He said the commission's order was also “arbitrary and capricious” because the town of Marblehead allows driving on beaches such as Riverhead Beach without approval from the commission.

At past hearings, Noyes has told told the commission that he would like to store and repair boats on the island and said he has plans to build a campground.