HomeMy WebLinkAbout57 Lewis Bay Road Draft EO Conditions 7.14.2026
T O W N O F Y A R M O U T H
1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4492
Telephone (508) 398-2231, Ext. 1288, Fax (508) 398-2365
Enforcement Order Conditions List – 57 Lewis Bay Road
1. A professional restoration plan shall be Submitted (8 copies) by a wetlands specialist* with full planting
protocol and report by September 3, 2026. The area to be restored shall include the mitigation area as
shown on the approved Mitigation and Restoration plan for SE83-2018 dated 11/2/2015.
2. The restoration plan shall follow the Conservation Commission’s plan requirements and indicate property
lines and all jurisdictional areas (i.e. edge of wetlands, coastal bank, flood zone, river front), and shall
include 35’, 50' and 100' buffer from wetland resource areas.
3. Native species (trees, shrubs, groundcovers, flowers) incorporated into the Re-vegetation planting plan
shall be approved by the Conservation staff and be selected from the list of approved species (see Cape
Cod Cooperative Extension Unit's List of Native Plants of Barnstable County) as provided by the
Yarmouth Conservation Commission.
4. The wetlands specialist must implement the restoration or at least provide field oversight for the
implementation. The chosen contractor will be identified and approved by conservation prior to any work.
Any proposed change to contractors will be submitted in writing to the conservation division for
approval.
5. Plants shall be installed in the Fall by October 15, 2026.
6. Written notice will be provided to the conservation division once the planting is completed
7. Clearing or pruning of vegetation within the restoration planting area is prohibited except for the removal
of storm damaged limbs and branches which may impact the newly planted specimens.
8. Plantings shall be cared for to ensure their survival. Temporary above surface irrigation is permitted for
the first three (3) years for establishment.
9. No mulch is allowed within the restoration planting except within the drip line of each plant at the time of
installation.
10. Annual monitoring reports with photos shall be submitted by a wetland specialist* for 3 years. Report due
date: Nov. 1, 2026, 2027, 2028. This Report shall include a description of the site conditions and photo
documentation from during the growing season to show any changes. The report shall also include an
assessment of the planted areas and identify any management concerns and solutions along with the
timeline of implementation if applicable.
11. A 90% survival rate is required at the end of the 3 year monitoring period. If this standard is not achieved,
the commission reserves the right to require additional plantings and extend the monitoring and
maintenance period.
12. A signed contract shall be submitted between the property owner and the qualified wetland consultant or
horticulturalist for the planting (or oversight) and the annual monitoring and maintenance of all mitigation
plantings for 3 years
Conservation
Division
13. The proposed spacing for each plant or plant type will, in general, adhere to the horticultural industry
standards. Always consult Cape Cod Cooperative Extension Service (CCCES) native planting lists for
species-specific planting and spacing data (www.capecodextension.org).
14. Failure to meet any of the deadlines listed above shall result in the issuance of additional enforcement
orders and non-criminal citations. Deadlines may only be extended by the Conservation Administrator or
the Conservation Commission.
Wetland specialist - a person or company that has at least 3 years experience in performing wetland assessment,
delineations, permitting or consulting OR a person who holds an advanced degree in wetland science (wetlands,
wildlife, fisheries), OR a person that holds a Professional Wetland Scientist (PWS) certification.
CERP- Certified Ecological Restoration Practitioner from the Society of Ecological Restoration