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Commission approves replacement split‑rail fence at 1 Shore Road with conditions

Town of Yarmouth Conservation Commission · May 21, 2026
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Summary

The Yarmouth Conservation Commission granted a negative Determination (Negative 2 & 3) for a proposed replacement split‑rail fence at 1 Shore Road on May 21, 2026, but required wooden materials, no machinery on the beach, debris removal and clarified anchoring details before work may begin.

The Town of Yarmouth Conservation Commission on May 21 approved a request for determination of applicability for a replacement fence at 1 Shore Road filed by the Englewood Beach Condominium Association.

Applicant Jess DeMars said the filing was prompted by a dilapidated chain‑link fence and that she submitted abutter notice, photographs and fees. Commissioners raised gaps in the packet — notably a plot plan and details on post anchoring — and flagged public‑safety concerns from concrete debris and cut metal posts on the beach.

Chair David Bernstein summarized the commission’s conditions: wooden post‑and‑rail construction with New England‑style caps, no vinyl materials, no machinery allowed on the beach, debris removed before work begins and posts hand‑set or otherwise anchored in a way that avoids long‑term disturbance. Bernstein said, “We would not allow a vinyl,” and staff noted the filing was submitted in response to an enforcement order and met the minimum completeness threshold for scheduling.

After discussion, the commission moved to approve a Negative 2 and Negative 3 determination for the replacement fence with the special conditions described by staff and the chair; commissioners also required staff to provide the applicant with the conditions package before any work may proceed. The commission’s vote concluded the enforcement matter linked to this filing.

The decision obliges the applicant to supply the further documentation and to coordinate any contractor work with staff; the commission explicitly prohibited heavy machinery on the beach and required cleanup of the concrete debris cited at the site. Staff said the Determination would be issued after the applicant received the paperwork from the conservation agent.