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Cranberry Bog property at 16 Denver Drive faces court date; septic and conservation filings still pending
Summary
Town staff reported a Feb. 24 court date and a mixed compliance picture at 16 Denver Drive: some plumbing permits have been issued, but there is no permit yet to abandon the existing septic pit and conservation approvals — including a notice of intent and variance for work within a 50-foot resource setback — are still required.
At the Feb. 3 Yarmouth Board of Health meeting, staff provided an update on enforcement and permitting at the property known as the Cranberry Bog, 16 Denver Drive. Staff said a clerk-magistrate court date is set for Feb. 24 at 9 a.m. in Zoom court proceedings related to the property.
Barry (health/housing staff) told the board that the building and plumbing departments have issued permits to remove interior plumbing features, including a shower, but that no permit has yet been issued “to abandon the septic the current pit.” He said an on-site meeting with Deputy Building Commissioner Mark Rose and town staff is scheduled to detail required work and timelines. “They are moving forward with everything to comply with the town,” Barry said, but he cautioned that those steps do not yet include a septic abandonment permit.
Staff also told the board the conservation commission has asserted jurisdiction. Barry said the conservation agent told him a Notice of Intent and a site plan for the septic will be required because work would occur within a riverfront/wetland buffer. The conservation commission could require a variance for work within the 50-foot setback and — if it issues an Order of Conditions — there is a 10-day appeal period before the order becomes final.
Board members were reminded that a Title 5 (septic) filing would be required for onsite wastewater work, but that the property is on a sewer extension corridor; owners may face decisions about installing a new septic only to be later required to connect to sewer when it becomes available. Staff said two separate “notice of probable cause” letters were sent — one to Steve Wilson and one to Brian Wilson (identified as brothers; one receives mail locally and the other lives off Cape) — because both are listed as owners.
The board received the update as informational. Staff said the larger enforcement path now involves multiple departments and the court process; the item remains open and pending the Feb. 24 court hearing and any required conservation filings.
