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Commission to issue enforcement order after finding 1,702 sq ft of hardscape at Pinefield Lane
Summary
Staff described 1,702 square feet of unauthorized hardscape at 3 Pinefield Lane in South Dennis (patios, walkways, retaining wall, hot tub) and recommended an enforcement order requiring a restoration plan and mitigation; commissioners discussed mitigation options and agreed to proceed with an enforcement order and an after-the-fact NOI requirement.
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Staff presented a summary of a significant alteration at 3 Pinefield Lane in South Dennis, showing before-and-after imagery and a site plan that indicates approximately 1,702 square feet of hardscape and cleared vegetation inside the 50-foot buffer and, in places, within the wetland edge.
Staff said the work — which appears to have been carried out by a prior owner and includes gravel, walkways, patios, a hot tub and a fire pit — was evident in aerial photos and property listing photos. The current homeowner reported they were unaware of the alterations when they purchased the property and indicated a willingness to work with the commission. "There was about 1,702 square feet of impact or hardscape installed," staff said, and recommended issuing an enforcement order requiring a restoration plan for any area within the wetland and an after-the-fact filing to document what the owner wishes to keep and what will be restored.
Commissioners discussed options including requiring replacement plantings, mitigation at a near 1:1 ratio, and recording an order of conditions at the registry of deeds so future owners are on notice. Board members also acknowledged the purchaser's predicament and discussed balancing restoration expectations with reasonable mitigation onsite or nearby. The commission indicated it will issue an enforcement order and require a filing (NOI or similar) to determine final mitigation and restoration requirements.
