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After‑the‑fact Great Island stairs continued with $300 fine; commission asks for mitigation and NHESP review
Summary
The commission continued review of an after‑the‑fact replacement stair and boardwalk on Great Island, assessed a $300 fine for the violation and asked for mitigation plantings and further documentation, and set the item for a future hearing date to allow Natural Heritage review to complete.
The commission voted on May 7 to continue review of an after‑the‑fact replacement stair and boardwalk on Great Island and to assess a $300 fine for the violation, while requiring mitigation and additional technical details.
Dan Ojila of Down Cape Engineering described the work as a replacement in the same general footprint and apologized to the commission for the late filing: “I do apologize you weren't notified prior to the work and we'll reprimand them and remind them that, you're getting a little tired of after the fact filings,” he said. Commissioners said the replacement appears de minimis in the context of a long beach but noted the work slightly exceeds the prior footprint in places and flagged questions about width, cross sections and mean high water location.
Members debated enforcement options — ranging from fines to ordering removal — and emphasized the importance of timely compliance for repeat offenders. The commission instructed the applicant to provide a revised plan showing cross sections and high‑water markers, asked for mitigation plantings to repair disturbed vegetation, and continued the matter to June 4 to allow the Natural Heritage review to complete and for the applicant to supply the requested materials. The motion to continue with a $300 fine passed on a voice vote.
