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Falmouth Conservation Commission issues enforcement order over unpermitted patios at 55 Little Island Road
Summary
The commission ordered the immediate removal of two patios that staff says were installed in mitigation areas at 55 Little Island Road, giving the owners 30 days to remove the patios and 60 days to file a Notice of Intent to restore plantings.
The Falmouth Conservation Commission voted unanimously Oct. 16 to issue an enforcement order requiring removal of two patios installed without authorization at 55 Little Island Road and restoration of previously approved mitigation plantings.
Staff presented aerial photographs showing mitigation plantings removed and patios added between the dates the commission granted compliance in September 2023 and aerial imagery from April 2024. Jen (staff) told the panel that the photos showed mitigation had been removed and that staff recommended the patios be removed and the mitigation restored.
Owner Jojan Grosso addressed the commission and apologized, saying the patios were installed for safety after his wife slipped: “The grassy areas were unsafe … I apologize for placing the patios on my property.” Staff and commissioners acknowledged the safety concern but stressed that removing mitigation without approval violates the commission’s order.
Commissioners and staff discussed remedies and a timeline. The commission’s motion, carried unanimously by roll call, requires the owners to remove the patios within 30 days, stabilize the disturbed areas (staff recommended temporary jute matting or similar), and file a new Notice of Intent within 60 days outlining restoration plantings and any alternative, pervious surfacing proposed for safety. Jen told the owners, “Those patios should be removed immediately, mister chairman,” and staff will conduct a site visit after removal to confirm compliance.
Commissioners debated interim stabilization measures; Commissioner Courtney suggested seeding winter rye to hold soil in place while restoration is planned. The enforcement order instructs staff to verify removal and to require a Notice of Intent if any alternative surfacing is proposed.
The order was the most contested enforcement item on the agenda; the commission recorded an affirmative roll call and said it expects the owners to move promptly to address the violation. Next steps are the site visit by staff and the filing and review of the Notice of Intent for restoration work.
