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Swan River owners win temporary compromise, 60-day extension from Dennis Conservation Commission
Summary
After an enforcement order over gravel and outdoor seating placed during COVID, the Dennis Conservation Commission approved a compromise to keep tables away from the wetland edge and granted the Swan River restaurant a 60-day extension to prepare a formal Notice of Intent.
The Dennis Conservation Commission on June 20 voted to allow the Swan River restaurant limited use of its outdoor seating area while owners prepare a formal filing to address an enforcement order over gravel placed near a wetland.
Counsel Maryann Rose, representing owners Al and Marita Burns, asked the commission for more time to respond after engineers told the owners they could not prepare plans before September. "We're asking for an extension so that we can respond in a meaningful way to the comments made," Rose said.
Marita Burns, who identified herself as an owner, told the commission she did not intend to violate regulations and apologized: "We feel terrible that we did it the wrong way. . . . We didn't think of that in all that turmoil of the pandemic." She said the gravel and outdoor seating had been in use since 2020 and that the underlying parking area dated to the 1950s.
Commissioners expressed concern about setting a precedent for other businesses to place outdoor seating in resource areas without prior approvals. Commissioner Shannon noted she could not see a public benefit that would justify expanding habitable space in the dune area, and several members warned that allowing the use without a full review could encourage similar violations.
After discussion, a motion carried to allow the owners to use the portion of the area farther from the wetland while keeping the half nearest the resource closed to tables and vehicles (motion to divide the area in half; commission vote: majority in favor). The commission also granted the requested 60-day extension to permit the owners time to engage engineers and submit a Notice of Intent; the extension was approved unanimously by voice vote.
The commission's compromise is procedural, not a final approval: owners must still file the formal Notice of Intent and the commission retained jurisdiction. Counsel and owners said they would work to submit plans within the granted extension and are open to conditions the commission may require.
Next steps: the owners will pursue engineering and a formal filing under the Dennis Wetlands Bylaw and relevant state wetlands authority; the commission will inspect and review the forthcoming Notice of Intent and conditions. The enforcement order remains active until the commission issues a final determination or permit.
