Four-to-Two Vote Permits Non-Conforming 1946 Dock Platform During Pleasant Street Reconstruction
Key Points
- Commissioners split 4-2 to allow a 200-square-foot historic platform on a reconstructed Bass River dock
- Approval granted for 99-cubic-yard dredging project at Dinah’s Pond to improve water flushing and boat safety
- Board rejects "five-foot pruning" method for invasive species management at Flintlock Way
- Updated municipal conservation regulations officially adopted with an effective date of April 19th
- Beach management permits for Red Jacket Resorts paused awaiting state wildlife agency comments on piping plovers
The Yarmouth Conservation Commission narrowly approved a dock reconstruction project at 222 Pleasant Street on Thursday, navigating a sharp division over whether to allow the retention of a historic, non-conforming platform. The debate centered on a 200-square-foot structure that has existed since 1946 and was licensed in 1991, but which fails to meet current environmental regulations regarding platform size. Consultant Bob Perry of Cape Cod Engineering argued for the structure’s preservation, stating, The platform is licensed and there wasn't any interest in removing it... there's just no reason environmentally to pull it.
The proposal drew scrutiny from Vice Chair Paul Huggins, who pointed to regulations requiring reconstructed structures to comply with modern standards to the greatest extent practicable. To me, item 22 on page 25 is very clear... shall not be reconstructed without compliance with current regulations. It doesn't seem that platform should stay,
Huggins said. Member Patricia Mulhearn joined Huggins in opposition, while others felt the platform's long history justified a variance. Member Elly Tierney noted that the committee can make a decision to the degree practicable
for permitted docks. Motion Made by E. Tierney to approve the project with special conditions including 1-inch spacing and removal of unpermitted plastic fencing. Motion Passed (4-2) with D. Bernstein, E. Tierney, J. Frost, and B. Bower in favor; P. Huggins and P. Mulhearn opposed.
Navigational access took center stage during a proposal from the Friends of Knob Hill Shores to dredge the entrance of Dinah’s Pond. Engineer Dan Ojala reported that current depths of only six to nine inches at low tide have become a safety hazard. I had a 19-foot boat and I went in there at low tide and I got stuck,
Ojala told the commission, explaining that the plan involves removing 99 cubic yards of sand for beneficial reuse at a nearby cranberry bog. Conservation Agent Britney urged that sediment stay within the river system to maintain natural loads, noting beneficial reuse should really prioritize locations around the river.
Motion Made by E. Tierney to issue an Order of Conditions for the dredging. Motion Passed (6-0).
The commission took a firm stance against unconventional landscaping techniques at 8 Flintlock Way. Applicant Wayne Tavares proposed pruning invasive species to a uniform height of five feet to maintain bank stability, arguing, It's to keep the invasive species in check to keep the roots in the ground and prevent erosion.
The board and staff rejected the method as inconsistent with best practices. I don't think that's the best management practice to manage invasive species,
Agent Britney said, suggesting full removal and native replanting instead. Chair David Bernstein also raised concerns about a nearby large Tupelo tree, stating, I'm just worried that you're going to upset the roots of that tree and years from now that tree will die.
Motion Made by J. Frost to continue the hearing to April 2nd for revised plans. Motion Passed (6-0).
In other business, the commission finalized the town's updated environmental regulations following a second public hearing. With no further public comment submitted since the initial review, the board set an implementation timeline. Motion Made by E. Tierney to accept the new regulations. Motion Passed (6-0) with an effective date of April 19th.
Environmental improvements were approved for Glenwood Street, where Paul and Nancy Cruz agreed to replace an asphalt driveway with pervious shell and remove a permanent fire pit. Caitlyn Camelli of Blue Flax Design noted the plan enhances the salt marsh function and the site's habitat value.
Similarly, Mark Dibb of Cape & Islands Engineering successfully moved a rip-rap splash pad at 26 Grandview Drive away from the beach area to satisfy commission concerns. Motion Made by E. Tierney to approve the Glenwood Street project. Motion Passed (6-0). Motion Made by E. Tierney to approve the Grandview Drive drainage improvements. Motion Passed (6-0).
Decisions regarding large-scale beach management at Red Jacket Resorts were deferred pending input from the Natural Heritage and Endangered Species Program (NHSP) regarding piping plovers. Resort representative Ryan O'Laughlin emphasized a collaborative approach with wildlife monitors, saying, We actually like the piping plovers because it brings a whole different activity experience. We're just trying to file everything and work with the town.
Motion Made by E. Tierney to continue the Red Jacket hearings to April 2nd. Motion Passed (6-0).
The commission also requested more data for a proposed bank stabilization at 10 and 20 Susan Road. Consultant Lauren Taylor noted the owner's concern about losing land
over the last decade, but Member Bradford Bower insisted on seeing hard metrics. I had asked at the last meeting for an analysis of the erosion rates... it helps us have a better understanding of the project and the goals,
Bower said. Motion Made by P. Huggins to continue the matter to April 2nd. Motion Passed (6-0).