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Yarmouth orders removal or permitting of unpermitted berm at 22 Television Lane
Summary
The Yarmouth Conservation Commission on Feb. 6 ordered homeowners at 22 Television Lane to remove an unpermitted berm that staff said alters flood flows, or to seek after‑the‑fact permitting by late July.
The commission addressed an enforcement matter at 22 Television Lane on Feb. 6 after staff documented a new berm and driveway edge composed of imported gravel and soil. Conservation staff said the unauthorized fill changes site contours and could divert flood flow onto neighboring lawns.
Homeowners Ronald and Nolene Servin told the commission they installed the berm to deter repeated trespass through their yard toward nearby recreational areas and that, in their view, the change did not materially alter flood behavior at their property. They provided before‑and‑after photos to the commission showing periodic flooding in the neighborhood and argued the berm was modest and intended as landscape screening.
Conservation staff said the berm constitutes unauthorized fill in land subject to coastal storm flowage and asked the owners to remove it and restore the original grade. After discussion the commission amended the enforcement order: the owners must remove the fill and return the site to its preexisting condition by June 30, 2025, or file an after‑the‑fact notice of intent (NOI) seeking permission for the berm and any necessary structures by July 24, 2025 (with an anticipated hearing window discussed). The commission cautioned that filing an NOI leaves open the possibility of denial; there is no guarantee of approval.
The homeowners acknowledged the options and agreed to consult staff. The commission voted unanimously on the amended enforcement order.
