10/15/2025 ZONING BOARD OF APPEALS Minutes

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• Legal Rationale: Town Counsel Jonathan Eichman clarified that the Town owns the open space after tax foreclosure but must modify the original special permit to use the land for purposes beyond allowed open space uses. • Zoning Authority: It was confirmed that the Zoning Board of Appeals (ZBA), having granted the original permit, has the clear authority to approve the modification. Property rights, easement issues, and Article 97 protections were clarified as separate from the ZBA's zoning decision • Compliance: The modification does not approve the wastewater treatment plan itself, but permits the removal of land from the open space designation. The subdivision will retain approximately 24 acres (or over 53%) of open space, which is more than double the 25% minimum required under zoning bylaws, thus avoiding nonconformity. Environment and Technical Rationale (Need and Design) Town officials and engineers presented evidence supporting the necessity and benefits of the facility. • Water Quality Need: The facility aims to significantly reduce nutrient pollution (nitrogen and phosphorus) currently entering Mashpee Wakeby Pond from existing Title 5 septic systems. • Performance: Engineer Mark Dranville stated the system is designed to remove over 90% of nitrogen and 80% of phosphorus, contributing approximately 4% toward the town's mandated 75% nitrogen reduction target required within 20 years to avoid federal penalties. • Health and Cost Mitigation: Water Quality Coordinator Ashley Fisher noted the pond experiences twice-yearly cyanobacteria blooms. Failure to meet nitrogen goals would require residents to install costly enhanced septic systems (averaging $45,000 to $60,000 each). • Design: The facility design includes underground tanks and a small above-ground building. Legal Objections and Community Concerns Numerous residents and legal representative voiced strong opposition to the modification. • Legal Objections: Opponents (including resident Arden Russell and Mary Waygan) and legal counsel (Kathleen O'Donnell, Esq) argued the facility is not an allowed use under various zoning bylaws and that the town lacked the necessary lot owner consent required under state zoning laws (Chapter 41, Section8I W) for modification affecting subdivision lots. • Town Counsel: Town Counsel confirmed that under local bylaws, only the property owner(the Town) must submit the application and that the easement/property rights issues are separate from the zoning decision. A KP Law opinion (July 28, 2025) concluded the town may modify the special permit with ZBA approval. • Community Impact: Residents stressed the 26-acre open space was a key selling point and the project converts prime forest land into an industrial use with truck traffic, 2