The Nantucket Conservation Commission on March 6 found that extensive mastication and understory removal within a wetland and its buffer at 14 Plover Lane constituted an egregious violation and voted to require restoration and begin civil fines.

Commission Chair Seth Engelberg opened the enforcement discussion by summarizing the case: “We have an enforcement action for 14 Clover Lane.” The commission ratified an enforcement order it had previously issued and directed the property owner to submit a detailed restoration plan and an after‑the‑fact notice of intent (NOI). The commission also voted to assess civil fines under the local wetlands bylaw beginning Feb. 6 and continuing until a restoration plan is submitted to the commission.

Why it matters: Commissioners and abutters described nearly complete removal of the wetland understory, standing water and hydric soils on the site, and the loss of mature vegetation in a wind‑exposed, coastal setting. Commissioners said the scope of damage could take years to recover and that civil fines and expedited restoration were needed both to compel remediation and to signal that similar work without permits will not be tolerated.

What the commission did
- The commission amended and ratified its enforcement order and set a March 20 target for submission of a restoration plan, allowing the applicant to request an extension in writing.
- Commissioners required the applicant to file an after‑the‑fact NOI for the remediation work.
- The commission voted to assess a civil fine of $300 per day under the local wetlands bylaw beginning Feb. 6 and continuing until the restoration plan is submitted; the motion passed 6–1.
- The commission voted to send a letter asking the Massachusetts Department of Environmental Protection (DEP) Southeast Regional Office to review the matter and consider parallel enforcement; the motion carried 6–1.

Discussion and evidence: Staff reported an on‑site wetland delineation and that consultant LEC Environmental had surveyed the flagged areas and was preparing an existing‑conditions plan. Consultant Brian Madden told the commission his team had completed a delineation (site visit Feb. 25) and planned to file a restoration plan within “the next 2 to 3 weeks,” with the goal to present at the commission’s April 3 meeting so work could proceed in the spring planting season.

Property owner representative Glenn Wood and counsel Dan Bailey (Pierce Atwood) addressed the commission. Bailey urged the commission to require a full NOI to be considered at public hearing, saying a public NOI “will require that there be a public hearing and the opportunity for the public to comment.” He also urged the commission to pursue the maximum enforcement available through DEP. Wood said his client accepted responsibility for an incursion onto an abutter’s property and would coordinate restoration for that area with the abutter.

Abutters and members of the public spoke in opposition to the clearing and urged rigorous restoration. Attorney Dan Bailey, representing abutters, requested a thorough plan, said mature trees cannot be replaced quickly and urged DEP involvement. Multiple residents highlighted ecological concerns including loss of understory, hydrology impacts and potential effects on vernal pool habitat.

Commission tone and rationale: Chair Engelberg and several commissioners described the clearing as “egregious,” noting the volume of material removed and evidence of hydric soils and ponding. Commissioners said the fines are intended to compel fast remediation and to reflect the seriousness of the violation; the commission also preserved the option to revisit fines or penalties after the restoration plan is submitted.

Next steps: The commission amended the enforcement order to require the applicant to submit a restoration plan by March 20 (the applicant may submit a written request for extension). The commission also required submission of an after‑the‑fact NOI and will consider lifting the cease‑and‑desist to allow planting only after it approves a restoration plan. Staff will draft and submit a letter to DEP requesting that the regional office review the case.

The commission’s vote on fines and the restoration plan requirement was recorded in the meeting minutes. Commissioners expressed urgency about restoring vegetation before the 2024 growing season while preserving public process and enforcement oversight.