Yarmouth Conservation Commission Faces Issues with Drainage and Vegetation Compliance

The Yarmouth Conservation Commission meeting on April 17, 2025, addressed several matters, including unpermitted drainage activities along Pleasant Street, vegetation compliance at Exit Road, and fee adjustments for conservation applications.

00:21The most notable discussion centered around an enforcement matter concerning unauthorized drainage activities affecting the salt marsh and Bass River between 222 and Pleasant Street. Dewatering efforts for sewer installation led to erosion and sediment displacement, with approximately 40 cubic yards of material displaced due to inadequate drainage system capacity. The Commission deliberated on an enforcement order to permit dredging within a previously permitted footprint. Completion was targeted for the end of July, with a fall assessment planned to evaluate if further restoration of the salt marsh was necessary.

05:49Another topic involved a request for a Certificate of Compliance (COC) for a property on Exit Road, revealing non-compliance with original construction plans. The site inspection found the absence of a required swale and the improper planting of non-native, undersized trees. The Commission debated issuing a partial COC, which would approve house construction while deferring tree planting issues. However, members resisted this approach, stressing the importance of adhering to approved plans. It was decided to continue the discussion for a month, allowing the applicant time to comply with tree planting and swale requirements.

The Commission also examined stormwater management issues related to a swale on another property. Concerns arose over a fence’s proximity to the swale, potentially affecting runoff. A participant highlighted that the existing swale was not designed for extreme conditions, prompting discussions on potentially adjusting its design. Richard Kilroy, an abutter, emphasized the need for compliance with the original plan, which lacked detailed specifications. The Commission considered enhancing the swale’s design, acknowledging challenges posed by the flat property and previous decisions.

34:50Additionally, the Commission reviewed a proposal for a garage and driveway on Baker Road within a wetland buffer zone. The project required the removal of nine trees, which raised concerns about compliance with regulations requiring replacement trees on a one-to-one basis. The feasibility of planting replacement trees due to space constraints was debated. A member expressed frustration over inadequate documentation clarity, and further discussions on mitigation plantings and ecological impacts occurred.

01:14:07The meeting progressed to enforcement matters related to properties at Pheasant Cove and Oyster Cove Road. At Pheasant Cove, the Commission addressed unauthorized vegetation removal, requiring demarcation of a no-disturb zone. Alternatives to fencing, such as stones, were considered to visually mark the boundary. Similarly, for 61 Pheasant Cove Circle, the enforcement order required a report on pre-existing conditions to guide restoration. At 59 Oyster Cove Road, the Commission reiterated the need for dock removal compliance, granting a deadline extension due to personal circumstances.

01:30:58The Commission also discussed proposed fee changes for conservation services, last updated in 2011. A statement highlighted the select board’s request for town-wide fee updates. Proposed increases were based on a 46% inflation rate since 2011. The fee for certificates of compliance would remain at $75 to encourage applications. Specific changes included a $3 per linear foot charge for docks and a reduced fee for freshwater docks. The discussion included concerns about substantial increases and the balance between revenue generation and public perception.

56:52Finally, the Commission addressed a proposal for garage additions on Two Powers Lane and a seawall project at Nine Flakeyard Lane. The garage addition involved relocating a driveway to reduce disturbance, receiving unanimous approval. At Nine Flakeyard Lane, the proposal aimed to enhance a revetment to protect against erosion, with plans for stabilization and native plantings. The Commission emphasized the importance of clear documentation and adherence to municipal guidelines throughout these projects.

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.

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