Yarmouth Conservation Commission Debates Pier Extension and Kayak Rack

One notable issue addressed at the Yarmouth Conservation Commission meeting on June 20th, 2024, was the controversial proposal for extending a pier over a salt marsh, which raised environmental concerns and regulatory scrutiny. The commission also tackled a variety of other matters, including the approval of a kayak rack despite potential misuse, the granting of a request for an addition intended for year-round rental housing, and the discussion of unpermitted construction activities that led to enforcement actions.

The pier extension proposal took center stage due to its potential impact on a sensitive salt marsh ecosystem and the complexities involved in adhering to environmental regulations. The extension, which would only impact 9.4 square feet of marsh, was touted as a means to concentrate foot traffic and reduce the disturbance on the marsh. Despite the approval by Yarmouth waterways in May, the request for a waiver from the 100-foot separation to the edge of the channel sparked a debate among the commission members. Concerns were raised about the existing structure already exceeding current regulations and the unusual presence of salt marsh above the mean high water line. The commission underscored the necessity of a natural heritage comment before proceeding with the decision-making process.

Another noteworthy topic was the request for the construction of a kayak rack by the Ocean Harbor Estate Association at the entrance to their private beach. The association, represented by two individuals, asserted the historic significance of the area and the need for the kayak rack, which would be 8 feet high by 12 feet wide. Although concerns were voiced about the potential impact on the Coastal Beach and land subject to Coastal Storm Flowage, there was also a discussion about the possibility of accommodating small crafts with Moorings. Attorney David Lawler presented concerns regarding the application’s potential expansion to include boats other than kayaks, citing past abuses with boats and floats in the area. The commission ultimately approved the construction with a special condition that only vessel storage on the rack would be allowed.

The commission approved a request for a determination of applicability for a proposed 263 square foot addition in the buffer zone to a bordering vegetated wetland. The addition, positioned outside the 50-foot buffer zone, was earmarked to provide year-round rental housing for individuals such as travel nurses. No mitigation was proposed, and the commission granted the request.

A continued notice of intent for emergency work certification was also a focal point of discussion. The certification related to storm damage to Great Island Road, which highlighted the area’s vulnerability to flooding and erosion. The Woods Hole Group and the homeowners’ association were seeking solutions to build road resiliency. Nevertheless, the Department of Environmental Protection’s concerns about the use of geotextile bags, deemed unsuitable for dunes, led to a request for a continuance to August 15th for further evaluation and adjustments.

In relation to unpermitted construction activities, the commission addressed two enforcement issues. The first involved an unpermitted regrading and the installation of retaining walls at a property, which led to a debate about the necessity of removal, potential penalties, and mitigation measures. The commission voted to require the removal of the unpermitted walls and imposed a $300 fine for non-compliance with the order of conditions. The second enforcement issue concerned the construction of a dock without proper licensing. The homeowner was advised to file a notice of intent and seek a new license from waterways and an order of conditions from the commission. A vote ratified an enforcement order, providing a four-month compliance window and the need for engineering consultation.

The commission’s meeting also included discussions on less contentious matters like the approval of minutes and updates on wastewater treatment plant contracts, bids, and construction progress, alongside incidental issues such as a power outage and an oil spill. There was an acknowledgment of the need for key access to the building and the setting of the date for the next meeting. Additionally, a member received well-wishes for an upcoming wedding, injecting a personal note into the proceedings.

Note: This meeting summary was generated by AI, which can occasionally misspell names, misattribute actions, and state inaccuracies. This summary is intended to be a starting point and you should review the meeting record linked above before acting on anything you read. If we got something wrong, let us know. We’re working every day to improve our process in pursuit of universal local government transparency.
Town Administrator:
Robert L. Whritenour
Environmental Commission Officials:
Brittany DiRienzo (Conservation Administrator)

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