Frustrated by widespread disregard for local water restrictions, the Yarmouth Conservation Commission finalized a stern letter to the Select Board calling for heightened enforcement and a lead-by-example approach to conservation. Chair David Bernstein, who drafted the correspondence, highlighted a lack of urgency in curbing non-essential water use during the current dry spell. The town needs to be more aggressive in stopping people from watering, Bernstein said, noting he has observed residents running sprinklers at noon and even during rainstorms. Motion Made by D. Bernstein to accept the revised letter emphasizing environmental stewardship and proactive measures. Motion Passed (6-0-0).

The discussion regarding the letter sparked a debate over how to address violations on public property. While the initial draft mentioned specific entities like the Chamber of Commerce, Member John Frost suggested a more diplomatic approach. I would take a couple of things out like the reference to the Chamber of Commerce, Frost cautioned. We don't want to bring departments in front of the Select Board as an example of fault. Member Elly Tierney agreed with shifting to broader language, suggesting the commission use the term town-owned property to maintain objectivity. Vice Chair Paul Huggins expressed exasperation with the current state of compliance, stating, I'm tired of seeing this around my neighborhood. It's not fair. I think the water department is remiss in enforcement. Member Bradford Bower emphasized the importance of the town’s own visibility in the effort, noting it is vital to have lead-by-example moments regarding irrigation.

The commission’s commitment to protecting the local canopy was tested by a request from Mark Rowan of 14 Daisy Lane, who sought permission to remove a large oak tree located in a no-disturb buffer zone. Rowan, who purchased the property six weeks ago, cited the messy nature of the tree and the thousands of acorns it drops as his primary reasoning for the request. Conservation Agent Britney informed the commission that staff had already inspected the site and determined the tree was not a hazard, leading to an administrative denial of the removal. Frost warned that granting such a request would set a very serious precedence, arguing the commission should not authorize removals simply because a homeowner dislikes acorns. Huggins was even more blunt in his assessment of the tree’s value. You bought this property next to a no-disturb zone, Huggins told Rowan. This 'mess' you see is an ecological miracle. I wouldn't go along with removing it. Motion Made by P. Mulhearn to accept the administrative review as written, denying the tree removal. Motion Passed (6-0-0).

Enforcement remained a theme at 27 Grismill, where Scott Samakowski appeared regarding an after-the-fact filing for unpermitted retaining walls and fill. Agent Britney pushed for the removal of a specific curb at the bottom of a slope to restore the proper grade. Eliminate the curb; it's much easier to tell where the grade should be by matching it to the road, Britney said. Samakowski noted he had already begun compliance efforts, stating, You guys asked to have the wall taken down, so I took the wall down all the way to the left. However, the commission remained firm on the curbing. Motion Made by P. Huggins to remove the curbing at 27 Grismill. Motion Passed (6-0-0). Following that action, the commission moved to finalize the permitting for the remaining work. Motion Made by P. Huggins to issue the permit pending revised plans to be approved by Britney before any more work is done. Motion Passed (6-0-0).

At 18 Crab Creek Lane, a request for a Certificate of Compliance (COC) led to a disagreement over mowing habits within a protected resource area. Agent Britney reported that the site appeared to have been mowed far more frequently than the twice-annual schedule permitted in 2019. From the certificate of compliance inspection visit, the area has been mowed and looks like it's been mowed frequently, she noted, recommending the installation of permanent markers to delineate the lawn boundary. Applicant Lisa Warren disputed the staff's findings, asserting, We followed the letter of this commission and it was only mown twice a year. I can attest to that. Her representative, Kieran Healey of the BC Group, stood with Warren as the commission sought a way to prevent future encroachment. Member Patricia Mulhearn admitted she was kind of confused on the mowing given the original 2019 concerns. To resolve the matter, the commission required the installation of physical markers, such as stones or bollards. Motion Made by P. Mulhearn to accept the COC pending markers on the east and west side and the ongoing applicable conditions. Motion Passed (6-0-0).

Structural additions and water management also took center stage for James Hillyard’s property at 87 Massachusetts Avenue. Representative Darren Meyer presented plans for a two-story addition in a flood zone, prompting questions from the commission about runoff. I was concerned about storm runoff and what provisions you have on the roof for that, Huggins said. Meyer clarified that the runoff will be tied into the existing drainage. During the review, Bernstein again pointed out irrigation issues at the site. I do want to mention that the lawn is being watered and we're in a drought. Please tell the homeowner to stop the lawn watering, Bernstein directed Meyer. Motion Made by P. Huggins to issue a negative two determination with conditions including flood vents and gutter incorporation. Motion Passed (6-0-0).

The commission also addressed an after-the-fact request from Chris Ericson at 2 Cape Isle Drive for a float and ramp that had been in use for over two decades without final recording. I've been using that float for 26 years, Ericson said, explaining he was simply trying to get this on the books with the town. While Britney noted a plan error regarding the float's dimensions and the need for seasonal removal, the commission moved the project forward. Motion Made by P. Huggins to issue a negative two determination. Motion Passed (6-0-0). In another case involving unpermitted changes, Craig Whitten of 160 Wood Road sought a COC for a property that now includes a large paved driveway not on the original plans. Whitten offered to increase mitigation efforts to compensate for the additional hardscape. If the board would like more plants, I don't mind planting more, Whitten said. Motion Made by B. Bower to approve the COC pending additional plants. Motion Passed (6-0-0).

Looking ahead, the commission scheduled a town-wide cleanup day for November 1st and noted an upcoming pesticide forum on the Select Board’s October agenda. A complex proposal for a water resort at 291 and 301 Southshore Drive was delayed. Motion Made by D. Bernstein to allow a continuance for the Southshore Drive project until November 20, 2025. Motion Passed (6-0-0).