Commission moves to draft enforcement order after riverfront mitigation removed at 27 Mallard Grove

The Needham Conservation Commission directed staff to draft an enforcement order after staff reported that required riverfront mitigation at 27 Mallard Grove had been removed and replaced with sod.

Staff summarized the case file and photos showing that mitigation plantings and ‘‘do not disturb’’ markers were replaced by rolled sod after a house enlargement. Staff said the as-built showed an increase of more than 700 square feet beyond the demolished house, with 489 square feet of mitigation on the right side and 658 square feet on the left side described in the certificate of compliance. Staff recommended an enforcement order restoring conditions approved by the commission. A staff member noted, according to the homeowner's letter, that the homeowners believed their developer had told them they were in compliance; staff nevertheless recommended restoration and a deed restriction or similar recordation to ensure permanence.

Commissioners agreed that staff should prepare a draft enforcement order for the next meeting so the commission can review restoration language and any proposed deed restriction; staff said the homeowners will be invited to the next meeting. "I just say I think the area should be restored, period," the chair said during the discussion. The commission did not vote on a final order at the Aug. 27 meeting; it asked staff to return a drafted enforcement order and to list the exact mitigation areas and specifications drawn from the original notice of intent.