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Town of Mashpee Conservation Commission <br /> 16 Great Neck Road North <br /> Mashpee, MA 02649 <br /> • Enforcement Order— 14 Little Neck Lane <br /> The Commission reviewed the restoration plan submitted by Environmental Consulting and Restoration <br /> (ECR) in response to the Enforcement Order issued for 14 Little Neck Lane. Staff explained that the <br /> Enforcement Order was issued after lawn was installed on the steep coastal bank without Commission <br /> approval. The proposed restoration plan includes removal of the lawn and ornamental plantings,restoration <br /> with native vegetation, and additional mitigation plantings. Staff also noted that an oak sapling that had been <br /> cut and was resprouting would be allowed to regenerate naturally rather than be replaced. <br /> Commissioners questioned whether the proposed restoration addressed all areas of unauthorized alteration on <br /> the property, including the gravel driveway, cobblestone edging, retaining wall, and lawn areas beyond the <br /> restoration limits shown on the plan. Concerns were also raised regarding the proposal to place one to two <br /> inches of loam on the steep coastal bank without specified erosion-control measures. Commissioners <br /> recommended using erosion-control matting to stabilize the slope while the new vegetation becomes <br /> established. <br /> Staff stated that historical aerial photographs, prior site plans, and applicable regulations would be reviewed to <br /> establish previous site conditions and determine when the various site improvements were installed. Staff also <br /> indicated that the Commission's concerns would be relayed to Environmental Consulting and Restoration and <br /> Cape & Islands Engineering for review and response. <br /> The matter was held pending receipt of the additional information and any revisions to the restoration plan. <br /> Staff noted that the Enforcement Order remains in effect and that the Commission must review and approve <br /> the final restoration plan before the matter can be resolved. <br /> • Legal Counsel Letter <br /> The Commission reviewed a legal opinion from KP Law regarding the application of the Town's Wetlands <br /> Bylaw and Regulations to septic systems, nitrogen loading, redevelopment, performance standards, and <br /> cumulative effects. Mr. Colombo advised that the discussion remain general and not reference specific <br /> pending or previously approved projects that had not been separately posted on the agenda. <br /> Members discussed that issuance of an Order of Conditions is not based solely on whether an applicant <br /> satisfies an individual performance standard. Rather, the Commission may consider the Wetlands Bylaw and <br /> Regulations as a whole, including adverse effects, cumulative effects,protection of groundwater and public <br /> and private water supplies, and the unique characteristics of the property and proposed activity. <br /> Members also discussed that MassDEP wellhead protection zones and nitrogen-sensitive-area designations <br /> may be considered during the Commission's review, although those designations do not independently control <br /> review under the local Wetlands Bylaw. The Commission may also require additional information or apply a <br /> nitrogen standard below 19 milligrams per liter when supported by the characteristics of the property, <br /> proposed activity, and affected resource area. <br /> 4 <br />