Yarmouth Conservation Commission Supports Simpkins Bog Protection, Addresses Unpermitted Structures

During its recent meeting, the Yarmouth Conservation Commission approved a conservation restriction for a 9.12-acre parcel at Simpkins Bog. The Commission also deliberated on various enforcement issues, including unpermitted structures on private properties, reflecting ongoing challenges in balancing residential desires with conservation regulations.

The meeting commenced with a discussion on the conservation restriction for Simpkins Bog, presented by Kat G Foley from the Compact of Cape Cod Conservation Trust. The Native Land Conservancy, which holds cultural ties with the Wampanoag people, sought the Commission’s endorsement to communicate their support to the select board. Foley articulated the environmental benefits of the restriction, emphasizing improved water quality and habitat preservation. Queries from the board included concerns about potential impacts on neighboring private lands during storms. Foley directed them to utilize the town’s GIS system for detailed floodplain analysis. The Commission unanimously approved the motion to support the conservation restriction.

Following the conservation discussion, the Commission addressed several enforcement issues, prominently involving Timothy and Mary. The Campbells faced scrutiny over an unpermitted hardscape within a buffer zone near the Coastal Bank and Riverfront area. Despite purchasing the property two years prior and expressing confusion about permit requirements, the Commission maintained the necessity of compliance. The Campbells were required to establish a five-foot vegetated buffer and replace trees they had cleared, as outlined in a 2021 determination of applicability. They argued their actions mirrored those of neighboring properties and were unaware of specific planting requirements. The Commission emphasized the need for adherence to approved plans, which included the removal of an unpermitted temporary patio intended for use during construction.

The Commission also dealt with a similar case on Windmill Lane, where the owners, Bill and Diane Delany, had installed an unpermitted patio before acquiring the property. The Commission required the removal of this structure and mandated proper permitting for any future constructions, such as a proposed patio and pergola closer to the house. The Delanys had to navigate the complexities of compliance and permitting, which highlighted the challenges faced by homeowners attempting to reconcile personal projects with environmental regulations.

A significant part of the meeting revolved around John Ley, who spoke on behalf of a residential property undergoing renovations. Ley sought clarity on the requirements for a reduced patio size and the necessity of plantings along the bulkhead. He proposed a new site plan featuring a 40% reduction in patio coverage. The Commission reiterated the importance of plantings, initially established in the 2021 permitting process, to promote ecological stewardship. Ley’s request for flexibility, including an extension for patio removal, was granted.

The meeting also touched on enforcement at a property on Windir Road, where the owners failed to comply with orders dating back to 2008 to remove a patio violating buffer zone rules. The absence of homeowner communication led to the Commission considering weekly citations until compliance was achieved.

Additionally, the Commission approved certificates of compliance for three properties, confirmed by unanimous motion, and discussed the start of a new employee in December. The meeting concluded with updates from the Community Preservation Committee (CPC), which allocated $820,000 for the Chasebrook Park ecological restoration and pedestrian bridge project, pending approval at the town meeting in April.

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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