The Yarmouth Conservation Commission signaled a strict stance on canopy preservation this week, refusing to grant a certificate of compliance for a Lindale Road redevelopment until the property owner replaces half a dozen oak trees removed without authorization. Edward Stone, seeking a certificate for 34 Lindale Road to close on a loan, admitted that while one tree sat over a leaching field, others were removed at his discretion or to make room for a modular house crane. Typically when you take out oaks, we love to have oaks put back because they are great for habitat, Chair David Bernstein told the applicant, noting the board's preference for native species over the applicant’s proposed dogwoods.

Member Elly Tierney emphasized the environmental impact of the clearing, stating, I'm concerned about the canopy loss. I strongly believe the six should be replaced in kind with oak for the canopy importance. Stone offered to plant two-inch diameter oaks toward the road to satisfy the board. Motion Made by P. Huggins to continue SE83-2337 to May 21st. Motion Passed (6-0-0). In a similar vein of enforcement, the commission continued a request for 2 Channel Point Drive, where unpermitted cutting on a coastal bank has led to ongoing erosion issues since 2015. Staff member Britney noted that an invasive species management plan remains outstanding. Motion Made by D. Bernstein to continue to March 5th to receive a new proposed solution. Motion Passed (6-0-0).

The commission also weighed a controversial variance request for the Bluewater Resort at 291 and 301 Southshore Drive. The resort proposed installing a 10-by-10-foot portable wooden deck on the coastal beach to serve as a platform for jazz trios and other performers. Representative Bob Perry explained the deck would be anchored with hand-installed helical anchors and removed during forecasted storms. This is just for entertainers to have a platform to perform, Perry said, arguing that keeping performers on the sand might actually reduce sound travel compared to using the seawall. However, the proposal met resistance from Member Patricia Mulhearn, who questioned the necessity of the structure in a velocity zone. I just don't see this being conducive to the environment whatsoever and it opening up a can of worms as far as use and disturbance, Mulhearn said. I don't see this as a positive installation.

In response to concerns about long-term management, Vice Chair Paul Huggins asked, What's the documentation or management practice to remind folks to move it? I worry that whoever is managing it now might not be there in 10 years and the thing sits there during a storm. The board ultimately included a condition requiring removal whenever the National Weather Bureau issues a watch or warning. Motion Made by P. Huggins to issue an Order of Conditions with a variance and special conditions. Motion Passed (6-1-0), with Mulhearn dissenting.

Safety protocols for the massive Bayview Bogs ecological restoration project also drew scrutiny. The project, which seeks to restore tidal influence to former cranberry bogs, requires on-site fueling for construction equipment. Julie, a designer with Fuss & O'Neill, explained that the contractor plans to keep a 500-gallon double-walled fuel tank in a staging area. Member John Frost pushed for strict oversight, noting, I'd like to be sure that it's not just a platform, but something with sides to contain gas or whatever they are using. He further suggested a condition requiring a staff member to be present during all refueling activities. The board agreed to require a full spill prevention plan for review at a future hearing. Motion Made by P. Huggins to approve the Order of Conditions contingent on the spill prevention plan and site restoration plan. Motion Passed (6-0-0), with Member Bradford Bower recusing himself.

The commission found itself in the middle of a jurisdictional conflict at One Parsonage Point, where homeowner Irene Holmes sought to install in-ground timber stairs. The board had previously approved elevated stairs for the site, but the Zoning Board of Appeals (ZBA) denied that plan due to setback requirements. Because the ZBA does not classify in-ground steps as structures, the applicant returned with a plan that requires more digging into the coastal slope. Joe [Staff] provided a comment to the Zoning Board that in-ground stairs would have a greater impact to our resource area than the approved above-ground steps, Member Bradford Bower noted. It is unfortunate that because of Zoning, we're now considering having a greater impact.

The project also faced pushback from neighbor Timothy Walsh, who raised concerns about the potential for the property to become a short-term rental. The reason it wasn't approved by Zoning was that they agreed with my concern about privacy and future use, Walsh told the commission. Despite the neighbor's concerns, the commission focused on the environmental shift necessitated by the ZBA's previous ruling. Motion Made by P. Huggins to approve the amended plan for in-ground stairs. Motion Passed (6-1-0), with Member John Frost opposed.

The meeting concluded with a broader discussion on regional water conservation and the accuracy of state drought monitoring. Select Board member Mark Forest informed the commission that the town plans to be more aggressive with irrigation warnings and is looking into increased signage similar to neighboring towns. John Frost expressed skepticism regarding the state’s drought metrics when applied to the Cape’s unique aquifer system. I've seen Long Pond go down, so I know there is an impact, but I'm worried about whether the state standards are accurate for us, Frost said. Forest agreed that the local lenses are fragile, noting that overpumping the Pamet lens can draw in salt water, and remarked that the state doesn't pay enough attention to the specific management needs of the Cape's water supply.

In other business, the commission approved a certificate of compliance for 4 Whale Road after designer Dan Ojala demonstrated that shifting a rinse station to save several cedar trees resulted in a net decrease of 380 square feet of hardscape on the property. Motion Made by D. Bernstein to approve the COC pending receipt of a square footage matrix. Motion Passed (6-0-0). The board also approved a septic upgrade at 236 Long Pond Road to replace two aging cesspools. Motion Made by E. Tierney to issue a Negative 3 Determination. Motion Passed (6-0-0).