09/04/2025 CONSERVATION COMMISSION Minutes

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7 Town of Mashpee Conservation Commission 16 Great Neck Road North Mashpee, MA 02649 w$XJI:YYF.µ'1 • Conservation Agents McManus and Kent added that although mitigation could reduce impacts, it did not override the regulatory standard. Mr. McManus pointed out that enclosures such as pools inherently limit wildlife passage,regardless of fence clearance or plantings. • In response, Mr. Tavares emphasized that the pool was relatively small (12 by 24 feet), that the revised design brought the structure to within about five and a half feet of compliance with the new 75-foot setback, and that mitigation was carefully balanced to enhance existing conditions. He argued that similar pools had been built within buffer zones elsewhere on the island and urged the Commission to consider the overall environmental improvements, including removal of invasive species and conversion of lawn to native vegetation. He asked that the Commission allow him to continue working with his clients to refine the project rather than denying it outright. • Discussion closed with Commissioners reaffirming their concerns about proximity to groundwater, the lack of compelling need, and the precedent such an approval could set. Mr. Tavares indicated he would likely request a further continuance to provide his clients with another opportunity to address the waiver issue. • Mr. Tavares, asked whether moving the pool entirely outside of the 75-foot buffer would change the need for a waiver. Commissioners clarified that eliminating encroachment into the buffer would avoid the need for a waiver under the new horizontal setback requirement, but a waiver would still be required for the vertical setback from the floodplain, since the property lies entirely within it. That waiver would not need to establish a"compelling need,"but it would have to provide a clear engineering rationale, as the regulations mandate a 25-foot setback from land subject to coastal storm flowagea requirement that cannot be met on this site. • Commissioners gave additional feedback to help guide the applicant. Ms. Thornbrugh emphasized the importance of reducing the scope of the project, keeping as much as possible out of regulated areas, and submitting a much stronger waiver request. Mr. Colombo reiterated his position that he cannot support a pool within the 75-foot buffer and that both the pool and patio must be moved entirely outside of it. Other commissioners, including Ms. Godfrey, voiced consistent positions, stating the pool must be relocated out of the buffer. MOTION: To grant the continuance to September 18, 2025, with the option of October 9, 2025 if more time is needed. Motion by: Sarah Thornbrugh Seconded by: Sandi Godfrey Vote: Motion passed by unanimous vote. (Steve Cook, Sarah Thornbrugh, Paul Colombo, Sandi Godfrey) Page 6