Conservation Commission accepts restoration plan for 14 Plover Lane and orders notice of intent within 30 days

The Nantucket Conservation Commission on April 3 amended an enforcement order to allow the property owner of 14 Plover Lane to begin work under a restoration plan submitted by LEC Environmental Consultants and required the owner to file a Notice of Intent (NOI) within 30 days.

Why it matters: The site visit held April 1 documented clearing and vegetation loss adjacent to bordering vegetated wetlands and private property. Commissioners and abutters said the disturbance extended onto neighboring lots, raising questions about exact limits of disturbance, invasive-species management, long-term monitoring and lighting and deer-browse protections.

At the meeting, Will (Conservation staff) said he had asked town legal counsel to attend future sessions on findings and fines; he recommended postponing any final finding or fine discussion until counsel could be present. "I would just like to hold off on finalizing any finding or whatnot until we can have actual discussion with our counsel and see if we can come in with inclusion," he told the commission.

Brian Madden of LEC, representing the owner, presented a revised restoration plan and planting plan that adds clearer temporary access routes for planting, increases some plant sizes, adds three Tupelo trees in the front planting area and proposes clusters of shrubs to be installed and monitored. Madden told the commission the team is "still working that out" with abutters on access and that long-term monitoring and invasive-species control would be handled through the forthcoming NOI and permit. He said the restored access routes would be replanted after installation.

Abutters and their consultants pushed for additional detail and protections. Scott Smires of Oxbow Associates, representing nearby property owners, said drone imagery shows greater impact onto neighboring land than shown in earlier materials and urged a careful verification of property lines and the full extent of disturbance. He recommended an "as-planted" map with tagged plants, a detailed invasive-species treatment plan by a licensed applicator, and larger specimen plantings in some locations. Attorney Dan Bailey, representing abutters, asked the commission to consider revoking the existing order of conditions for the property because the work on-site exceeded the previously permitted scope; he said abutters remain concerned about debris, lighting and the presence of an intact deer fence.

Commissioners stressed several technical and practical requirements for the restoration and future NOI: stricter invasive-species protocols and follow-up, a survivability/replanting schedule and monitoring reporting, explicit deer-protection methods for newly planted shrubs and trees, removal of noncompliant outdoor lighting, and cleanup of obvious trash and non-natural debris accessible on the site. Commissioner comments also recommended including a few larger-diameter saplings or trees to increase structural diversity in the restored canopy.

The commission voted unanimously to amend the enforcement order to allow planting to proceed under the submitted restoration plan, and voted unanimously to require a Notice of Intent to be filed within 30 days. Staff will calculate the calendar deadline and circulate it to the parties.

What happens next: The owner must file the NOI within 30 days; the NOI is expected to include a detailed monitoring and invasive-species control plan and an "as-planted" documentation. The commission requested that town counsel attend subsequent hearings to address potential findings and any fines or revocations.

Community context and concerns: Commissioners and consultants noted nearby public interests, including potential impacts on adjacent private properties and existing habitat. Several speakers emphasized that short-term plantings without robust invasive control, deer protection and monitoring risk repeated failures and further enforcement work.

Ending: The commission kept the enforcement matter active for follow-up: it authorized restoration work to begin under the submitted plan while awaiting the formal NOI and counsel review on any prospective findings.