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Yarmouth orders removal of unapproved patio at 1 Windermere Road, sets May 31 restoration deadline
Summary
The commission issued an amended enforcement order requiring the patio at 1 Windermere Road be removed and native plantings installed; staff set a restoration deadline of May 31, 2025, and requested a planting plan be submitted in advance.
The Yarmouth Conservation Commission on Dec. 19 issued an amended enforcement order for 1 Windermere Road, requiring the removal of a patio, installation of native plantings and completion of restoration by May 31, 2025.
Staff reported that a determination of applicability issued Feb. 2008 required the removal of the patio and installation of native vegetation and dry wells; those measures were not completed by the prior owner and the current owner said they believed the previous owner had satisfied the requirements when they purchased the property.
The commission emphasized that violations travel with the title. "If you bought the property with violations, you essentially own the violations, are responsible for doing the correction," the chair said during the discussion. Staff recommended a planting plan (a sketch or aerial-photo plan is acceptable), standard native species spacing, no mulch in the buffer, and monitoring to ensure vegetation establishment.
Commissioners discussed deadlines and agreed that the full restoration, including removal of the patio and approval and installation of native plantings, must be completed by May 31, 2025. The commission asked staff to require the planting plan at least a month before the restoration deadline so the commission can review and approve species and spacing.
A motion to approve the amended enforcement order with the agreed dates was made, seconded and carried unanimously. Staff said it will email the enforcement order and a recommended plant list to the owners.
