GloucesterTimes.com, Gloucester, MA

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June 25, 2013

Developer: There are 'wrongful' town hurdles

ROCKPORT — The developer of the former Cape Ann Tool Company site says he’s committed to seeing the plans through.

But while he is still awaiting state approval to the project’s amended Chapter 91 public regarding public waterway access — and while plans have received state Department of Environmental Protection and federal approvals — property owner Michael Rauseo of Cape Ann Tool LLC said he is still being wrongly impeded by some town officials and the town’s Boston-based law firm of Kopelman and Paige.

Documents show that site work to repair sections of the seawall does not need any federal permits from the Army Corps of Engineers, as any repair work being done to the site would be beyond the mean high water mark.

A corps official had previously indicated the work would have affected navigable waters, which requires a special permit from the Army Corps of Engineers, but that is not the case, documents show.

But with some seven moorings attached to the wall that needs to be repaired, work crews on the Cape Ann Tool site project cannot access the wall itself.

Rauseo, citing the safety of his workers, said he needs to access the wall from the innermost part of Pigeon Cove Harbor, directly behind the former tool site, with a barge. According to state DEP laws, no permit can authorize moorings on private tidelands if the applicant objects.

Rauseo’s attorney, Jamy Madeja of Buchanan and Associates has stated numerous times that Rauseo, as property owner, objects to the moorings, according to emails obtained by the Times.

But the town’s law firm has since requested more information, opinions and permits from the town and state agencies, according to emails from John Goldrosen of Kopelman and Paige to Madeja. Goldrosen’s concerns, the emails show, include permits from the town’s Conservation Commission, how the barge will affect other mooring holders and the scope of the repair work.

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