Special magistrate fines Portofino HOA president $1,500 for unauthorized dune trimming

Amity Barnard, the special magistrate for the Town of Ocean Ridge, found Robert Calcagno — president of the Portofino condominium association and the named respondent in case PD2026-002 — in violation of multiple town code sections for trimming sea grape dune vegetation without required permits and for hat‑racking.

Barnard relied on photographs entered into evidence and testimony from town officers showing trees and sea grape growth had been cut down to ground level in places. "I am gonna set a fine of $1,500 for this violation," Barnard said as she explained her finding that the cuts were inconsistent with the town’s hat‑racking and dune‑windowing rules. She also awarded the town $164 in administrative costs.

The town had argued the trimming violated section 66‑151(a) (work without required permit), 66‑151(b)(6) (hat‑racking definition), and dune‑preservation rules in 66‑161(f)(2), which require a windowing effect (no more than 40% of sea grapes cut to three feet while setting aside at least 60% for future windowing). Officer Pylon testified that some trunks measured over the ordinance’s tree threshold and that multiple cuts appeared fresh and extended to levels below the 36‑inch minimum the code permits for properly trimmed sea grapes.

Respondent counsel, Greg McAloon, asked the magistrate to consider a certified arborist letter and after‑the‑fact photos, arguing the work had promoted healthy regrowth and was consistent with ordinary maintenance. "We have a good‑faith association who wants to work with the town," McAloon said, noting the association had maintained the boardwalk areas for 18 years and that a recently retained landscaper may have been unfamiliar with local procedures.

Calcagno told the magistrate he and the association had maintained the area for nearly two decades and disputed town ownership of the specific parcel, saying tax maps and historical documents were unclear. He also referenced a prior 2023 lawsuit and an insurance payment tied to a visibility incident near the walkway.

The town countered that ownership did not affect the requirement to obtain a permit, and that hat‑racking — cutting trunks or leaders, making internodal cuts or removing a significant portion of a tree’s canopy — is prohibited without prior authorization. The town sought a one‑time irreparable‑violation fine of $5,000; Barnard found that amount excessive in this first occurrence and set the penalty at $1,500.

Barnard admitted the respondents’ arborist letter and photos into the record over the town’s objection so she could review all evidence, but she concluded the weight of the photographic and officer testimony supported a hat‑racking finding. She warned that future, similar violations by the same property or owners would likely result in substantially higher penalties.

The order entered the town’s and respondents’ exhibits into the case file and will be mailed to the parties. The ruling noted that administrative costs are payable within 30 days and that the town may pursue stronger remedies for repeat violations.