A significant portion of the meeting was dedicated to addressing the issue of unpermitted stairway construction on a coastal dune at Zero Great Island Road. The replacement of an existing staircase, deemed unsafe, was completed without prior notification to the Commission. This sparked a debate about whether the new construction adhered to current regulations. The Commission members discussed the potential environmental impact of the stairs, located within a velocity zone and land subject to coastal storm flow. One member highlighted that “the waters would be able to move around and through it,” suggesting the structure’s design was lightweight enough to avoid obstructing sand movement during storm events. Despite the necessity of the stairs for safe access, the members expressed disappointment over the lack of communication and the after-the-fact filing for the permit. A $300 fine was proposed as a potential consequence for the unauthorized construction, though there was concern about the effectiveness of such a penalty in deterring future violations.

The discussion also touched on the implications of replacing a structure subject to new building codes and whether the builders would need to develop a new plan if the Commission rejected the proposal. Some members argued against forcing the removal of the structure entirely, considering the existing stairway’s long-standing presence. The Commission acknowledged the need to consider state building codes applicable to the construction.

Another topic was the bank stabilization project at 10 and 20 Susan Row, presented by Jen Crawford of Crawford Land Management. The project aimed to address erosion issues by replacing invasive species with native trees to enhance ecological stability. Crawford noted that obtaining erosion data was challenging, but comparisons between older surveys and updated data revealed a loss of 5 feet along the coastal bank over the years. The lack of vegetation, particularly salt marsh, was suggested as a contributing factor to the erosion observed. The Commission discussed the proposed nourishment strategy to maintain the fiber roll array against UV degradation, with concerns that the plan might be over-engineered relative to the actual erosion rate. The idea of implementing a trigger point for nourishment based on the exposure of fiber rolls was suggested, with Crawford acknowledging the suggestion. Monitoring procedures were also a topic of discussion, emphasizing the importance of compatible sediment size for beachfill material and restrictions on nourishment activities during nesting season.

Permitting challenges also arose with a proposal on Pheasant Cove Circle for Ann and Robert Wiggins, involving an after-the-fact filing for a boardwalk and deck in a bordering vegetative wetland and velocity flood zone. Dan Ojula, representing the Wiggins, explained the site’s wetland delineation issues and detailed soil analysis confirming the presence of hydric soils. The Commission underscored the need for compliance, particularly regarding fertilizer use within the 35-foot buffer, and approved the proposal with specified conditions.

The meeting further addressed the issue of unauthorized walkways, with discussions on whether to permit a Certificate of Compliance (COC) or require corrective action. One member emphasized that while the violation was minimal, it should not be counted as mitigation. A proposal was made for an after-the-fact review of the walkway through an administrative process to ensure proper documentation. The Commission also discussed new regulations on fertilization and pesticide use within buffer zones, emphasizing the role of consultants in guiding property owners through compliance.