08/28/2025 CONSERVATION COMMISSION Minutes

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Town of Mashpee Conservation Commission 16 Great Neck Road North Mashpee, MA 02649 Discussion: 0 Septic Upgrade: RDA vs NOI Vice Chair Thornbrugh suggested establishing criteria to guide septic upgrade approaches,particularly in sensitive areas such as the 75-foot buffer, flood zones, or near groundwater. She emphasized considering alternate solutions like relocating systems on the lot or using mounded systems and noted that failed or long-standing cesspools should be prioritized due to groundwater protection. Mr. Colombo distinguished between resource areas and buffer zones, citing state regulations (310 CMR 10.05(3)(b) (Department of Environmental Protection: Wetlands Protection) and MGL Ch. 131 §40. He explained that work in resource areas always requires positive determination (NOI) and that negative determinations are not legally allowed for private work, with public utilities as the only exception. Decisions in buffer zones are case-by- case, depending on project proximity to sensitive features and potential adverse effects. Mr. Sahl, a newer Commission member, said he generally relies on engineers' expertise for septic system placement and questioned whether failed systems require a longer approval process, deferring to staff on that point. Chair Cook clarified that filing an NOI does not lengthen the process but costs slightly more than an RDA, while allowing the Commission to place conditions on projects. He emphasized that the Commission reviews plans and suggests improvements but does not override engineers. Commissioners discussed that engineers are responsible for system design and placement, while the Commission's role is protecting resource areas. Redesigns can be suggested to improve protection, but the Commission does not supplant engineering judgment. Ms. Pitt agreed that failed systems require prompt attention and noted that applicants sometimes choose cheaper solutions, requiring careful Commission review. Ms. Godfrey added that consistent NOI requirements for both resource areas and buffer zones streamline the process and reduce uncertainty. Conservation Agent McManus and Assistant Conservation Agent Kent supported applying NOI requirements consistently across resource areas and buffer zones. Mr. Kent highlighted environmental risks from failed systems in Cape Cod's green watersheds and noted that exceptional cases could be handled administratively or through emergency certification. Mr. McManus added that some septic failures actively leach into groundwater, and in urgent situations, the Commission would defer to the Board of Health. Discussion of the Whippoorwill failed systems confirmed inspections by the Board of Health and assessed a moderate threat level. Mr. McManus recommended requiring NOIs consistently, noting minimal additional cost and improved clarity for applicants. Mr. Colombo explained that some systems labeled as failed result from property transfers, not malfunctions, but reiterated that NOIs are required for resource area and flood zone projects, with flexibility in buffer zones. Chair Cook agreed that requiring NOIs for both buffer zones and resource areas would simplify the process and allow the Commission to impose conditions or ask questions without interfering with engineering decisions. The Commissioners set September 18, 2025, as the effective date for applying the new NOI requirement and discussed communicating guidance online and via the consultant email list. Finally, Commissioners emphasized reviewing engineering designs for proper separation from groundwater and site-specific considerations, noting that using NOIs allows for placing conditions, requesting additional information, and addressing flood zone and environmental concerns. The discussion highlighted variable septic