10/09/2025 CONSERVATION COMMISSION Minutes

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Town of Mashpee Conservation Commission 16 Great Neck Road North Mashpee, MA 02649 he reiterated that any damage resulting from construction—such as impacts to neighboring driveways or property lines—would be a private civil matter between landowners, not a wetland protection issue. He further argued that the project's compliance with FEMA and state building requirements would actually improve the natural capacity of the floodplain. Elevating the home, he said, would allow stormwater to pass under it rather than deflecting around it, which was a clear environmental benefit. Mr. McManus confirmed that the plans could be updated to reflect pilings instead of a foundation, acknowledging that the most recent version still showed the older design. Chair Cook asked about erosion control measures during construction, noting the property's narrow setbacks. Mr. Bunker replied that the site was flat and primarily covered with stone, but he agreed to include silt fencing along the property limits to control any potential runoff. Chair Cook emphasized the importance of erosion control throughout the duration of construction, especially during heavy rain events. Mr. Bunker added that the plan already identified a"proposed limit of work"with silt fencing staked in place along the border. Chair Cook then referred to the architectural drawings showing vertical boards beneath the elevated house. The applicant explained these were slatted panels intended as visual screening, compliant with FEMA's "free-of-obstruction"rule requiring at least 40 percent open space. He clarified that the boards were spaced about three inches apart, allowing water flow while preventing children or animals from entering the area under the home. Chair Cook agreed that this design would facilitate floodwater passage but countered Attorney Brodsky's characterization of the neighborhood's flood dynamics, explaining that he had observed water moving forcefully down the street and through backyards during storm events, due to the dune's higher elevation at the end of the road. Attorney Brodsky acknowledged that localized downhill flow could occur but maintained that, overall, the floodplain functioned as a slow-rising water zone. Reading of Abutter's Letter into the Record Chair Cook noted that a letter from abutter Kenneth Lane had been submitted on August 11. Although it had not been read into the record at the prior hearing, Mr. Lane had subsequently requested that it be entered formally. The Chair proceeded to read the letter aloud. Mr. Lane identified himself as the owner of 30 Wilson's Grove, abutting both the subject properties, and began by expressing support for the Neild's, whom he described as longtime, friendly neighbors. He wrote that he fully supported their effort to replace their existing house,just as they had supported him when he rebuilt part of his home two decades ago. His primary concern, however, related to the proximity of the new house to his driveway. He explained that if the new structure were built any closer to the property line than the existing one, it would likely prevent him from parking his car, since the narrow space between the two houses is already about ten feet and his own side steps extend roughly twenty inches into the driveway. Because his property line lies only about eighteen inches from the Neild's residence, even a slight encroachment could reduce his usable driveway width to under seven feet—the approximate width of his car. Mr. Lane referenced a red surveyor's flag marking the current side of the Neild house, indicating that if the new structure's footprint followed that same line, his driveway would remain unaffected as it has for over eighty years. He wrote that he wanted all parties aware of this issue in case the house location were shifted in any future design revisions. Mr. Lane also noted that his septic system's leaching field, installed in 2020, lies beneath his driveway and extends nearly to the property line. He expressed concern that excavation for the Ne foundation or installation of piles might disturb the leaching field's functionality. He added that the current system is his third since 1991, highlighting its importance and the need for protection during the neighboring construction. The Chair continued by reading several letters submitted by neighbors regarding the proposed "raise and replace"project at 28 Wilsons Grove. The next letter, from George East of 22 Wilsons Grove, offered full support for the Neals' project, commending their long-term stewardship of their property and expressing confidence that they would comply with all conservation requirements.