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Yarmouth commission approves enforcement orders requiring buffer plantings and patio removals, sets revised deadlines
Summary
The Commission approved enforcement orders for two properties with unpermitted patios in resource buffers (73 Neptune Lane and 11 Windmill Lane), set revised deadlines for planting plans and patio removals, and tabled a third case pending owner contact.
The Yarmouth Conservation Commission on Nov. 21 approved enforcement orders for multiple properties with unpermitted hardscape in protected resource areas and adjusted compliance deadlines.
In an enforcement hearing for 73 Neptune Lane, staff said a 2021 Determination of Applicability required a five‑foot vegetated buffer at the bulkhead. Homeowner Mary Campbell told the Commission the prior contractor applied for permits and she and her family were not aware of the planting requirement. "We don't want the spiral staircase," Campbell said, describing a preference for a straight staircase and acknowledging an unpermitted temporary patio.
Her brother‑in‑law, John Leahy, who speaks from construction experience, noted the current work reduces deck/patio/stair coverage from what earlier plans showed and urged the owner to submit a revised site plan or an RDA. Leahy said the revised proposal reduced the footprint "by almost 40% or less." Staff explained the property lies in the riverfront inner riparian zone and that a restoration planting plan must be submitted.
The Commission set a revised schedule: a restoration planting plan due Feb. 1, patio removal by April 15, and planting to be completed by May 1, and then voted to approve the enforcement order (motion carried unanimously).
At 11 Windmill Lane, staff reported an unpermitted patio that appears to have been installed around 2020 before the current owners bought the property. The owners proposed a new patio and pergola closer to the house; staff advised that a pergola next to the house could be handled administratively but any new patio in or near the 35‑foot buffer would require a Notice of Intent and mitigation. The Commission approved an enforcement order requiring removal of the existing unpermitted patio and changed the removal deadline to April 1; that motion carried.
A separate long‑standing enforcement matter for Windermere Road (DOA issued Feb. 2008) was tabled to Dec. 5 because no representative appeared and staff will continue contact attempts by certified mail.
Each enforcement action preserved the Commission's distinction between discussion (options and explanations from homeowners), direction (staff deadlines and plan requirements), and formal decision (approval of enforcement orders with specified compliance dates).
