Conservation Commission approves permits, issues Certificate of Compliance and continues several seawall hearings

The West Yarmouth Conservation Commission on July 2 approved a string of permits and took procedural actions on coastal and riverfront projects, issuing special conditions to limit disturbance and continuing several seawall hearings to July 16.

The commission voted to approve minutes at the start of the meeting (recorded as "4-0 with 2 abstentions"). It then issued a Negative 2 determination for a proposed addition by homeowner John Aukshunas, who stated, "No trees will be removed." Commissioner Paul Huggins moved to issue the Negative 2 determination; the motion carried 4-0.

BSC Group representative Kieran Healy reported that a house tied to SE83-1390 was built farther from the resource area than shown on approved plans and that a deck approved in earlier plans was never constructed; an unpermitted patio was noted but overall buffer disturbance was less than previously authorized. Commissioner Jack Frost moved to issue a Certificate of Compliance; the motion carried 4-0.

On a continued Notice of Intent for SE83-2531 (703 Route 28), Healy said most requests from the prior meeting had been met and cleanup was ongoing. Commissioner Christian Bova said soil testing was unnecessary. The conservation agent recommended annual monitoring, limiting mowing in the 35-foot buffer to twice per year, and prohibiting fertilizer and permanent irrigation in the riverfront area; the commission issued an Order of Conditions with those special conditions.

For SE83-2543 (286 South Sea Avenue), Healy said the driveway now includes a gravel portion, enlarged swales and added replacement trees. An abutter requested the swale be extended to contain all stormwater; Healy responded that the swale sits on the steepest slope and that trees and grass elsewhere would be sufficient. The commission approved an OOC pending comment from the Natural Heritage & Endangered Species Program and with a special condition requiring 1.5-inch caliper replacement trees (allowing pitch pine as a substitute).

Shorefront Consulting representative Mark Burgess described a same-footprint, same-height seawall replacement at 7 Tide Lane that would use vinyl rather than wood and noted no mitigation was proposed "because there is no expansion." The conservation agent suggested replacing a gravel buffer with plants; Burgess agreed to discuss that option with the homeowner. The commission approved an OOC pending receipt of a stamped plan.

Two additional seawall matters (SE83-2534 and SE83-2540) were continued to the commission's July 16 meeting at the applicant's request.

Contractor Paul Power represented SE83-2542Merrill (17 Thornton Brook Road), a raze-and-replace in riverfront area and buffer to a bordering vegetated wetland. The commission noted one 12-inch tree that could be impacted by overdig; Chair David Bernstein asked for a revised plan showing that tree. The commission approved an OOC with standard riverfront conditions (no permanent irrigation and no fertilizer in the riverfront area), pending the revised plan.

After-the-fact filing materials for a patio (applicants Lisa Garcia and Miriam Gelfer) were continued to July 16 at the applicant's request. For SE83-2544 (Roberts), Down Cape Engineering's Dan Ojala said gutters and drains would be directed to dry wells; commissioners required dry-laid patio pavers, removal of wetland debris before work begins, and no storage behind a shed. The commission approved the OOC with those special conditions. For SE83-2546 (Shawcross), Ojala said applicants reduced the project scope from a garage to a shed; the commission issued an OOC.

The meeting concluded when Commissioner Paul Huggins moved to adjourn; Commissioner Elly Tierney seconded and the motion carried 4-0. The meeting adjourned at 5:48 p.m.

Votes at a glance - Approval of minutes: motion passed (recorded "4-0 with 2 abstentions"). - Negative 2 determination, Aukshunas addition: mover Commissioner Paul Huggins; outcome approved 4-0. - Certificate of Compliance, SE83-1390 (Lapriore): mover Commissioner Jack Frost; outcome approved 4-0. - Order of Conditions, SE83-2531 (Katz): mover Commissioner Jack Frost; outcome approved 4-0 (special conditions: annual monitoring; mow in 35-foot buffer limited to twice per year; no fertilizer or permanent irrigation in RFA). - Order of Conditions, SE83-2543 (Fallon): mover Commissioner Jack Frost; outcome approved 4-0 (pending NHESP comment; 1.5" caliper replacement trees required). - Order of Conditions, SE83-2539 (Lass): mover Commissioner Elly Tierney; outcome approved 4-0 (pending stamped plan). - Continuances to July 16, 2026: SE83-2534 (Campagna), SE83-2540 (Lilly), SE83-? (Garcia & Gelfer after-the-fact patio); outcome approved 4-0. - Order of Conditions, SE83-2542 (Merrill/Mariano TRS): mover Commissioner Jack Frost; outcome approved 4-0 (pending revised plan; tree replacement if a 12" tree is removed). - Order of Conditions, SE83-2544 (Roberts): mover Commissioner Elly Tierney; outcome approved 4-0 (dry wells; dry-laid pavers; debris removal; no storage behind shed). - Order of Conditions, SE83-2546 (Shawcross): mover Commissioner Elly Tierney; outcome approved 4-0.

What to watch next - Several coastal/seawall items were continued to the July 16 meeting; applicants are expected to submit stamped plans or additional materials where requested. The commission requested revised plans in at least one riverfront raze-and-replace to show a potentially impacted 12-inch tree.