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Yarmouth commission denies permit for proposed dock at 59 Oyster Cove Road after abutter opposition
Summary
The Conservation Commission voted to deny a dock application at 59 Oyster Cove Road, citing multiple requested variances and strong opposition from easement holders; the commission also said it will issue a new enforcement order related to a prior unpermitted structure.
The Yarmouth Conservation Commission on March 20 voted against allowing construction of a proposed dock and float at 59 Oyster Cove Road, a hearing held under the town’s wetlands bylaw after a superseding-order request removed state review. The applicant’s counsel had filed to have the state performance standards apply, but the commission said the superseding-order request limited review to the town bylaw.
Commission staff summarized the application as a dock in the Bass River with a ramp and float and said the applicant was seeking five variances: an additional float where a parcel already has an existing dock, not placing the dock center on the lot, locating within 25 feet of a property boundary without abutter permission, a float depth at mean low water below the bylaw minimum, and a separation between docks smaller than the required 75 feet. Staff also reported three written oppositions from easement owners.
Multiple easement holders spoke at the hearing. Mark Ayotte, who identified himself as representing family easement holders for 59 Oyster Cove Road, told the commission the proposed dock "really affects our our dock" and said prior unpermitted structures on the parcel had blocked stairs and prevented easement holders being able to access the river. John Ozarski, an abutter at 51 Oyster Cove Road, said the dock would come within "less than 5 feet from my property at the river" and argued the 5 variances were excessive for a single dock; he also said low tides frequently leave little or no water in the cove.
After hearing testimony and written objections, a motion to approve the project with special conditions failed; the minutes record the motion as defeated and state "the project does not carry under the bylaw." The commission chair indicated staff will prepare a new enforcement order noting that the property was not in compliance with a prior enforcement order and that the enforcement matter will return to the commission on an upcoming agenda. The commission also noted that questions of deeded easement rights and private property disputes fall outside the commission’s jurisdiction under the bylaw and are matters for the land court or civil process.
Commissioner Mulhern recused herself from this item. The commission’s written decision will reflect the bylaw-only hearing, the opposition letters on file, the public testimony and the vote to deny under the bylaw.
