Commission flags gravel encroachment onto Union Street; applicant to withdraw certificate request or mitigate

At a Feb. 6 meeting the Yarmouth Conservation Commission reviewed a request for a certificate of compliance for 331 Union Street and identified an unpermitted gravel encroachment extending onto the town way at the end of Union Street.

Conservation staff reported the newly placed wash stone extends seaward of the recorded property line and estimated roughly 340 square feet of additional gravel where town right‑of‑way (a town way to water) begins. Staff told the commission that the gravel as installed could be removed or mitigated before any certificate of compliance is issued.

Dan Orgel of Down Cape Engineering, representing the estate of the original applicant, said the gravel drip edge is more pervious than the previous impervious brick surface and argued the current condition may be an improvement for infiltration. He noted the site has high groundwater and that special condition 9 in a prior order allows gravel drip edges in some situations. Orgel also said the area had been a disturbed hard‑packed area for years and earlier storage of floats and boats had occurred in the same location.

Abutters raised concerns that drainage holes along a neighbor's wall were covered and that the area had been used without permits. Conservation staff advised the applicant to consult Natural Resources (Bill Benetti) and to either remove the gravel from the town way or otherwise mitigate in a manner acceptable to the town before the commission would issue a certificate of compliance.

The applicant agreed to withdraw the certificate of compliance request and to coordinate with Natural Resources and conservation staff; staff requested the applicant email the office to confirm the withdrawal and the next steps.