Conservation commission grants negative determination for after‑the‑fact sand fence at Powers Lane

The Yarmouth Conservation Commission on Nov. 7 approved a negative determination of applicability for an after‑the‑fact sand (snow) fence installed at 3 Powers Lane, a measure the applicant said was intended to protect dunes and reduce erosion.

Joshua Wilbar, property manager for Abney Shore at 3 Powers Lane, told the commission the fence was erected to "protect the dunes and prevent erosion" after heavy erosion in the past year. Staff noted the property had a prior violation that was addressed with planting and relocation work and that a small portion of the existing sand fence encroaches on an adjacent property unless the neighbor provides permission.

Commission staff said they are awaiting comment from the Massachusetts Natural Heritage & Endangered Species Program; staff advised the applicant that "the fence has to be removed before April 1" and may be reinstalled after Aug. 31 under NHESP timelines. The commission also emphasized that any portion of the fence on a neighbor’s land must be removed or kept only with the neighbor’s written permission.

The commission moved and approved the negative determination. The chair noted that a negative determination means the applicant "doesn't have to do any further filing for the conservation commission," while reminding the applicant to secure neighbor permission or relocate the encroaching segment.

Next steps: the applicant is to contact the neighbor about permission for the encroaching section and must abide by any NHESP conditions once those comments are issued.