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Conservation commission amends enforcement order for 34A Grove Lane; requires Notice of Intent in 30 days
Summary
After a site visit, the commission amended an enforcement order for 34A Grove Lane to require the property owner to submit a Notice of Intent within 30 days to address unpermitted structural additions, fill in wetland and buffer zones, and a new stone driveway; commissioners directed removal of a berm, site restoration and a planting plan.
The Nantucket Conservation Commission on April 2 voted unanimously to amend an enforcement order for 34A Grove Lane and require the property owner to submit a Notice of Intent (NOI) within 30 days to propose how the site will be brought back into compliance.
Paul Santos of Nantucket Surveyors told the commission a site visit found three main categories of violations: additions to the structure (new deck/porch sections), areas of fill placed in buffer and wetland areas, and placement of a new stone driveway within the buffer. Santos asked the commission for input on whether to proceed by enforcement order alone or to require an NOI as part of the remediation path.
Commission discussion covered the structural additions (an extensive easterly deck, a walkway/deck to the front door, and a small triangular sliver), a newly constructed and unpermitted stone driveway (including vertically standing stone curbing that commissioners said may meet the definition of a structure under the wetlands regulations), and a berm and grading changes that had altered hydrology. Several commissioners said they would not support waivers for the larger deck additions and preferred removal of those elements. Commissioners expressed differing views about whether to retain a driveway in a reconfigured, simplified form versus returning access to a historic easement route; multiple speakers emphasized minimizing hardened surfaces and avoiding channelized runoff into wetlands.
The commission directed staff to amend the enforcement order to require the violator to submit an NOI within 30 days that includes a full site-restoration plan (grading and berm removal), a planting schedule and methodology for replanting native vegetation, and a detailed erosion- and sediment-control plan. Commissioners said they expect the NOI to show removal of the berm and restoration of grades and plantings in the wetland and buffer areas; they also discussed that if the driveway remains, it should be simplified and not include the stone edging that amounts to a structure.
Paul Santos confirmed he had enough direction to prepare the required NOI and the commission closed that discussion. The motion to amend the enforcement order and require an NOI within 30 days carried by unanimous roll call.
