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Town of Mashpee Conservation Commission <br /> 16 Great Neck Road North <br /> Mashpee, MA 02649 <br /> A lengthy discussion occurred regarding whether the proposed changes were appropriate for an Amended <br /> Order of Conditions or whether a new Notice of Intent should be required. One commissioner noted that, <br /> based on the figures presented, the overall project represented an increase over the previously approved <br /> design and questioned whether that increase should be considered substantial under Regulation 1, Section B. <br /> Concern was expressed that the Commission should apply its regulations consistently and carefully consider <br /> whether the amendment process remained appropriate. <br /> In response, the applicant stated that the purpose of the project remained unchanged, the approved limit of <br /> work had not been expanded, and no additional impacts to wetland resources would result from the proposed <br /> modifications. It was noted that approximately half of the additional square footage was associated with deck <br /> area located above the already approved driveway area and did not create additional ground disturbance. The <br /> applicant maintained that the overall scope of work, including demolition of the existing dwelling, <br /> installation of the denitrifying septic system, mitigation plantings, and unchanged work limits, had not <br /> substantially changed. <br /> Commission members discussed differing interpretations of what constitutes a substantial increase under the <br /> Commission's regulations. It was noted that the elevated deck did not create additional ground-level impacts <br /> and that the actual increase in the building footprint was approximately 248 square feet, less than the overall <br /> square-footage increase cited during the discussion. Several commissioners stated that the proposal <br /> represented a net improvement over existing site conditions and suggested that remaining concerns could be <br /> addressed through permit conditions and project oversight. It was also suggested that clarification of the term <br /> "substantial" could be sought for future amendment requests. <br /> The Commission was advised that staff considered the filing appropriate as an Amended Order of Conditions <br /> because the approved limit of work remained unchanged and all proposed work was contained within the <br /> previously approved area. Staff further noted that both an Amended Order of Conditions and a Notice of <br /> Intent would be recorded and conditioned in the same manner and that the Commission would not lose any <br /> regulatory authority by proceeding through the amendment process. It was stated that staff s interpretation of <br /> the regulation focused primarily on whether there were increased impacts to protected resource areas and that <br /> no such increase was evident in the proposal. <br /> MOTION: To approve the Amended Order of Conditions for 9 Santuit Lane, subject to the <br /> following conditions: <br /> 1. All work shall be confined to the property limits and shall not extend beyond the <br /> property boundaries. <br /> 2. The structure shall utilize a helical pile foundation design. <br /> 3. Final construction plans shall be submitted for staff review and approval prior <br /> to commencement of work. <br /> 4. Any vegetation damage occurring outside the property boundaries shall require <br /> submission of a restoration plan in consultation with Conservation staff. <br /> Motion by: Richard Sahl Seconded by: Seana Pitt <br /> Vote: Motion passed. <br /> Aye: Steve Cook, Richard Sahl, Seana Pitt <br /> Nay: Paul Colombo <br /> 7 <br />