12/11/2025 CONSERVATION COMMISSION Minutes (2)

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Town of Mashpee Conservation Commission 16 Great Neck Road North Mashpee, MA 02649 NOI 126 Waterway, Theodore E. & Sandra Stoia. Raze and replace. (Representative: Falmouth Engineering) 43- 3380 Mike Boricelli, Falmouth Engineering,presented the project on behalf of the applicant, along with Brian Wall of Troy Wall Associates, attorney for the applicant, and Ian Warner of Acer Landscape Design. The project involves the demolition and reconstruction of an existing single-family dwelling at 126 Waterway, a 16,000± square foot lot with frontage on Popponesset. Mr. Boricelli identified wetland resource areas associated with the property, including land under the ocean, a narrow wetland band, a non-eroding coastal bank, and land subject to coastal storm flowage. The top of the coastal bank and all wetland buffers were shown on the plans, including the 150-foot buffer, noting that the entire lot lies within the buffer zone. The proposed work consists of raising and reconstructing the existing dwelling without increasing the footprint or moving closer to the top of the coastal bank. The new structure will be slightly smaller than the existing house and will maintain the same number of bedrooms (two). The house will retain a walkout basement configuration similar to existing conditions. Minor site modifications are proposed in the front yard, including reconfiguration of the driveway to improve access and allow limited visitor parking. The existing septic system will remain in place. Mr. Boricelli explained that the system consists of a 1,500-gallon septic tank and leaching field located in the front yard and has already been approved by the Board of Health for a SludgeHammer nitrogen-reducing retrofit. Nitrogen-loading calculations submitted with the application show a reduction from 9.7 parts per million to 5.48 parts per million following the retrofit. No septic expansion is proposed. The project includes stormwater management through the use of dry wells for roof runoff. A limit of work is shown on the plans, extending along the currently altered edge of the yard near the top of the coastal bank. Because the overall impervious coverage will decrease, no mitigation is required. Mr. Boricelli further explained that unpermitted cutting had previously occurred within the buffer area. Upon becoming aware of the violation, the applicant coordinated with staff and met on site to develop a restoration plan. The plan, prepared by Ian Warner, proposes native plantings to restore the disturbed buffer area and was submitted as part of the application. Brian Wall, attorney for the applicant, addressed the request for a waiver from the bylaw requirement for a 75-foot naturally vegetated buffer. He explained that due to the existing development and site constraints, it is not feasible to provide the full buffer. He cited the waiver provisions of Chapter 172 and Regulation 12, noting that the project minimizes adverse impacts by maintaining the same building location, reducing the footprint, upgrading the septic system to reduce nitrogen loading, and restoring previously disturbed buffer areas. Mr. Warner described the restoration plan in detail, stating that it includes the installation of approximately 20 native trees and 69 native shrubs suitable for a coastal bank environment. He explained that the plantings are intended to restore ecological function, stabilize the bank, and reestablish native vegetation in areas previously cleared without a permit. Commissioners questioned the applicant regarding the walkout basement design, the extent of unpermitted cutting (estimated at approximately 500-800 square feet), and the distinction between restoration planting and mitigation. It was clarified that the planting plan is restoration only and is not being offered as mitigation credit, as no mitigation is required due to the reduced footprint. Commissioners also discussed a lawn area shown on the plans that appears to encroach from an abutting property. The applicant indicated a willingness to restore this area with native plantings if required by the 9