The Yarmouth Conservation Commission signaled a sharpening stance against after-the-fact permit filings this week, levying a $300 fine against a Great Island property owner who replaced dune stairs and a boardwalk without prior municipal authorization. The decision highlighted a broader trend during Thursday’s meeting, as the Commission repeatedly leveraged permit close-outs to force the removal of unpermitted structures across the town’s waterfront.

Addressing the unauthorized work at 0 Great Island Road, Chair David Bernstein voiced significant frustration with sophisticated applicants bypassing local regulations. This is another after-the-fact filing on Great Island, not our first, Bernstein noted. We'd like to remind people on Great Island that it shouldn't be an after-the-fact. It should be the before-the-fact. Vice Chair Paul Huggins echoed the sentiment, suggesting that some homeowners may view fines as a simple cost of doing business. I personally think that sometimes maybe it's easier to build it and then go for it after the fact... maybe the folks are not afraid of any kind of fine, Huggins said. Motion Made by P. Huggins to continue the hearing for R. Griffin to June 4th with a requirement for a new plan showing mitigation plantings and a $300 fine. Motion Passed (6-0-0).

Project representative Dan Ojala of Down Cape Engineering admitted the association should have sought permits before replacing the unsafe stairs. I'm not going to make excuses for them. Shame on them... they certainly should have known better, Ojala said. Member Bradford Bower insisted that the penalty include environmental restoration, stating, I would like to see some mitigation. Replacement plantings to restore that area back.

The Commission also faced a messy situation at 703 Route 28, where Steven Catz is seeking to demolish a retail store for residential development. No representative for the applicant appeared, prompting Chair Bernstein to express disappointment over the current state of the parcel, which reportedly contains abandoned vehicles and debris. Member John Frost raised concerns regarding potential underground contamination, noting, Before any of that I'd like to see some drilling for hazardous materials. The Commission ultimately continued the matter to ensure the applicant could be taken to task regarding site cleanup. Motion Made by B. Bower to continue the NOI and Certificate of Compliance for S. Catz to May 21st. Motion Passed (6-0-0).

In a technical discussion regarding coastal bank stabilization at 10 and 20 Susan Row, the Commission moved away from rigid annual maintenance in favor of environmental triggers. Applicant representative Jen Crawford explained that historical data showed a five-foot loss of the coastal bank over two decades. Crawford argued that the proposed stability measures and native buffer management will result in a much better ecological state. However, B. Bower suggested the plan was over-engineered and proposed that sand nourishment only occur when 30% of the coir fiber rolls become exposed. Motion Made by B. Bower to approve the Peterson project with special conditions including the 30% exposure trigger and staff approval for future work. Motion Passed (6-0-0).

At 61 Circle, the Commission approved an addition for Ann and Robert Wiggins after the couple withdrew an after-the-fact request for a salt marsh boardwalk that lacked support for necessary variances. Conservation staff member Joe reminded the applicants that the 35-foot buffer zone is strictly protected. Within the 35-foot buffer, there's no lawn grasses allowed, no landscaping, no fertilizer, no pesticides, no irrigation except temporary irrigation... Also, no mowing, staff noted. Motion Made by J. Frost to approve the Wiggins project with those special conditions. Motion Passed (6-0-0).

A series of Certificate of Compliance (COC) requests revealed several unpermitted projects dating back years. At 10 Kerange Road, a walkway from a patio to a dock was found to be unauthorized. While Mark Burgess of Shorefront Consulting argued the walkway was pervious, Vice Chair Huggins warned against letting such work slide. It's minimal but it's unpermitted... I think it's best to remind people by our decisions that you can't do that, Huggins said. The Board required mitigation plantings as a condition for the permit close-out. Motion Made by B. Bower to issue the COC for C. Koser pending an administrative review for the walkway and required mitigation. Motion Passed (6-0-0).

Similar issues were identified at 14 Compass Drive and 7 Cape Isle Drive, where unpermitted decks, patios, and paved driveways were found. The Commission issued COCs for these properties only because new, pending permit applications for bulkhead repairs on the sites will formally incorporate and mitigate the unauthorized structures. At 12 Railroad Bluffs, the Board withheld a certificate until concrete benches and boats were removed from the salt marsh. Motion Made by J. Frost to issue the COC for C. Hooven pending the removal of the benches and boats. Motion Passed (6-0-0).

Finally, the Commission addressed regional drought concerns, with Chair Bernstein noting that the town is currently under Level 2 restrictions. He expressed frustration that the town's social media communication has not clearly informed residents that all irrigation is currently prohibited. Members Patricia Mulhearn and Elly Tierney joined the unanimous votes throughout the evening, supporting the Commission’s push for stricter adherence to buffer zone protections and restoration efforts.