Planning Commission Has No Say On Private Piers

Town Planner Becky Curran said Tuesday that the Planning Commission has no authority under the state laws to stop or modify two private piers that a neighbor said "would never be built if (the piers were) on land."

Curran agreed that the Planning Commission would be unlikely to approve the piers if they were on land. But because they are in the water only the Department of Environmental Protection through its Chapter 91 licensing process could stop or change the piers now that the Conservation Commission has approved their construction, she said.

The commission approved a 140-foot-long pier at 21 Neptune Road, which overlooks Salem Harbor, and a 144-foot-long pier at 1 Beacon St., on Little Harbor. The owners will now apply to DEP for Chapter 91 licenses, which regulate access to the waterways in Massachusetts.

The DEP, in reviewing the application for a Chapter 91 license, will consider environmental issues and waterway and beach access issues, a spokesman said.

Several neighbors told the commission they oppose the construction of the piers because they will block their views of the water in the small coves. Greg Thibodeau, a nearby resident to the pier at 21 Neptune Road, called Curran to request that the Planning Commission review the proposed piers. She said she told him he could send the planning commission a letter asking it to review the issue of the piers. "They might hold public hearings on the matter," she said.

Thibodeau said the town needs a policy that governs the design and construction of private piers. Besides the Conservation Commission, only the harbormaster reviews the placement of private piers.

Walter Haug, the Conservation Commission chairman, said last week, "I feel very bad about all these piers going up. But people have the wherewithal to build them."

Haug, who said he had often enjoyed the views of Little Harbor while walking his dog, noted that the commission lacks the authority under the Wetlands Protection Act to stop the piers from being built unless they will have a negative environmental impact.

The commission found that the piers would not cause significant environmental problems. Neither pier would impact protected eel grass or shellfish, the commission was told.

At the August meeting, commission member Fred Sullivan told his fellow commissioners to expect other shoreline property owners to build private piers. "You better get used to it. Everybody is going to build piers out there," he said. 

The Neptune Road pier, owned by Peter Etholm and Elisabeth Steinfeld, will have three sections – a permanent timber pier that would extend from the shoreline 94 feet and stand 12 to 13 1/2 feet above the water.  There will also be a seasonal, movable aluminum gangway that extends another 40 feet into the harbor to connect with four floats that are 8 feet by 20 feet. The pier would have a t-shaped float at its end to allow for about 40 feet of dockage space.

The Beacon Street pier, proposed by Steve McHugh, who owns 400 feet of beach front, would have a similar design to the Neptune Road pier with a permanent section of 88 feet from the land, a 44-foot aluminum seasonal ramp and floats that would be 12 feet by 24 feet.

Thibodeau was joined in his opposition by John Messenger, who lives on Village Street. He told the commission the proposed pier would "impact the whole neighborhood." Thibodeau called the pier "huge" and said, "From an environmental impact, this is not justifiable."  He said the pier would limit access to the beach. "I think the beaches should be left open," he said.

Steve Willard, who lives at 24 Orange St., called the Beacon Street pier "massive" for its location. He said he had talked with other neighbors who are concerned that the pier "will impact the ability of boats to navigate this small cove," he said.