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Commission orders enforcement and fines for three unpermitted deck projects
Summary
The commission authorized enforcement actions and citations for three properties with unpermitted deck work (13 Dunes Road; 61 Uncle Stevens Road, West Dennis; and 155 Route 134, South Dennis), set maximum town fines ($300 each) and required removal of any expanded footprints or mitigation conditions prior to consideration of after-the-fact permits.
The Dennis Conservation Commission on May 7 directed staff to issue enforcement orders for three properties where deck work was built or reconstructed without required permits.
Eric (staff) briefed the commission on three matters: a reconstructed/expanded front deck at 13 Dunes Road; a deck at 61 Uncle Stevens Road in West Dennis that was reconstructed and is the subject of a cease-and-desist; and an apparently completed deck at 155 Route 134 in South Dennis built within the 50-foot buffer to a pond. Eric recommended citations for all three and enforcement orders that would: (1) require removal of any portions that expanded beyond previously approved footprints, (2) limit any after-the-fact Notice of Intent to the original footprint (no expansions), and (3) seek contractor identification and, where available, cite contractors as well.
Commissioners agreed fines should be applied and discussed using the full range of compliance checks to identify habitat disturbance. The panel referred to the town maximum penalty under state statute; commissioners set fines in the amount used historically (the transcript records $300) and asked staff to identify additional actionable violations within each property footprint to strengthen enforcement letters. The commission voted to issue the enforcement orders and asked staff to prepare signature pages for three enforcement documents.
Next steps: staff will send enforcement letters with required corrective actions, assess fines per the commission’s decision, and offer guidance on allowable after-the-fact filings limited to existing footprints only. The transcript shows the enforcement matters were approved by voice vote.
