01/22/2026 CONSERVATION COMMISSION Minutes

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Town of Mashpee Conservation Commission 16 Great Neck Road North Mashpee, MA 02649 In response to prior comments regarding impervious surfaces, the applicant revised the patio design to improve infiltration. The proposal now includes: • Use of a permeable grout system to allow water to infiltrate between pavers; and • replacement of larger pavers with smaller pavers, increasing total grout area and infiltration capacity. The applicant stated that this change results in an improvement over existing conditions with respect to groundwater recharge, which had previously been identified as an area where no net benefit was being achieved. Mitigation and Waiver Discussion Mitigation remained the central unresolved issue. The applicant acknowledged that: • The project does not meet the required mitigation area under the regulations. • Approximately 4,481 square feet of mitigation is required, while only 1,340 square feet is being provided, leaving the project more than 3,000 square feet short. Even with full mitigation planting in the available backyard area,the regulatory requirement cannot be met due to site constraints. The applicant confirmed that a waiver is still being requested, and emphasized that they believe the project, as revised, protects inland bank interests by increasing habitat, stabilizing soils, improving infiltration, and reducing impacts when considered as a percentage of the lot area. Several commissioners expressed concern that: • Installation of a swimming pool does not constitute a compelling need to justify a significant waiver; • Lawn, while semi-pervious, may be preferable to patios—even permeable ones—from a resource protection standpoint; and • The mitigation shortfall is substantial. Zoning Board of Appeals (ZBA) Filing Issue Commissioners raised concerns that no ZBA application has been filed, despite the project requiring zoning relief. The applicant stated that they were advised by zoning staff to seek Conservation Commission input first before filing. Commissioners noted that the Conservation Regulations require all applicable permits to be at least applied for an application to be considered complete. Staff explained that,procedurally, the Commission could: • Continue the hearing to allow the applicant to file with ZBA; or • Potentially issue an Order of Conditions conditioned on ZBA approval, with no work authorized until zoning relief is granted. Commissioners expressed discomfort proceeding without written confirmation from the ZBA regarding their direction to the applicant. Excavation and Construction Concerns Questions were raised regarding excavation methods given the tight site conditions. The applicant indicated that excavation would likely be performed with a mini-excavator, and that bank protection measures would be addressed through a pre-construction meeting and field review with the agent. Staff noted that the inland bank is vegetated and stable, and did not anticipate destabilization if proper controls are in place. MOTION: Motion to accept the request to continue 49 The Heights to February 19, 2026. 4