11/20/2025 CONSERVATION COMMISSION Minutes

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Town of Mashpee Conservation Commission 16 Great Neck Road North Mashpee, MA 02649 including those under provisional approval,because they appear on the state's approved technology lists. The Aqua Fund does not yet cover urine-diversion projects while regulatory and management frameworks are still being developed. A Commissioner also asked whether"remote" or mounded systems provide better phosphorus removal. Mr. Baumgaertel responded that most mounded systems are constructed with Title 5 sand, which has poor phosphorus-binding capacity, so they do not necessarily improve long-term phosphorus removal compared to conventional systems. More effective phosphorus strategies focus on shallower dispersal in higher-quality soils or on specific phosphorus-removal technologies. Finally, the Commission and Mr. Baumgaertel discussed the policy implications of the technology landscape. It was suggested that if towns like Mashpee were to lower maximum allowable effluent nitrogen concentrations to levels only achievable by the newer high-performing systems, it could create a clearer market signal and drive investment, availability, and affordability. Mr. Baumgaertel agreed, noting that the more local requirements call for advanced nitrogen removal, the more incentive companies have to invest in research, approval, and manufacturing capacity. He reiterated that data from MassTC, the Schubael Pond project, and other field installations demonstrate that these advanced systems significantly outperform standard septic systems in protecting waterways from nutrient loading. He offered to provide links to the EPA Schubael Pond report and other technical resources. • Bylaw Review Subcommittee Bylaw Review Working Group — Status and Composition The Commission reviewed the status and structure of the bylaw review working group. Staff noted that this group was originally formed at the end of 2020 and into 2021 as an internal working group rather than a formal subcommittee. That structure was chosen so members could meet flexibly—sometimes more than once a week—without the administrative requirements of the Open Meeting Law, such as posting agendas, taking minutes, and reserving rooms. The Town Manager has confirmed that, as currently structured, this is a staff-led working group and not an official subcommittee of the Commission. It was explained that, as a working group, membership is organized and overseen by the Conservation Agent, who solicits volunteers from the Commission and designates participating staff. The group's role is advisory only: it reviews and edits draft regulations and bylaws, reaches consensus on recommended language, and then forwards that material to the full Commission. The Commission, not the working group, remains the decision-making body and is the only entity that formally votes on regulatory or bylaw changes. Any public input occurs later, through duly advertised public hearings and, where applicable, Town Meeting action. Commissioners discussed whether to convert the working group into a formal subcommittee subject to the Open Meeting Law. Several members favored keeping the current working-group structure, citing the need for flexibility, efficiency, and the ability to work without the scheduling and procedural burdens of formal meetings. It was noted that the Reg. 25 update process, which used the working group to develop a near-final draft that was then publicly noticed and discussed at regular Commission meetings,had worked well. Others expressed a preference for transitioning to a formal subcommittee to increase transparency, ensure that the Commission—not staffformally manages the bylaw review process, and provide scheduled,publicly noticed opportunities for interested residents to observe the group's work. Staff further clarified that if the Commission chose to create a formal bylaw review subcommittee, it would need to be established and its members appointed by the Select Board, with agendas posted and meetings open to the public. In contrast, as a working group, members of the public cannot attend its sessions, and drafts are 6