05/21/2026 CONSERVATION COMMISSION Minutes

Home Browse Search

Town of Mashpee Conservation Commission 16 Great Neck Road North Mashpee, MA 02649 Discussion also focused on whether the previously approved septic system's nitrogen calculations must nevertheless be considered as part of the total lot nitrogen analysis for the current project. The Chair noted that he had previously requested an analysis showing what additional nitrogen reduction might be achievable through use of a denitrifying system,not to impose a predetermined threshold,but to understand what improvements might be feasible for the site. He referenced Regulation 30 provisions allowing the Commission to request additional information regarding nutrient loading, groundwater flow, drainage patterns, and related environmental impacts,noting the property's proximity to Dean's Pond and associated wetland areas. The applicant's representatives responded that they did not believe the requested denitrification analysis was required because the septic system had already been approved,the current project involved no increase in bedrooms or wastewater flow, and the applicable provisions of Regulation 30 were therefore not triggered. Conservation staff provided clarification that certain Regulation 30 requirements might not have been mandatory if the project was properly characterized as redevelopment without increased flow, though the Commission retained discretion to request additional information. Attorney Wall maintained that the project met all applicable local, state, and regulatory standards, including Title V,the Wetlands Protection Act, and local performance standards, and argued that a project meeting those standards should not be found to create an adverse effect solely because additional theoretical reductions might be possible. The applicant, Brian Kelleher, addressed the Commission and stated that he purchased the property with an approved septic system and in reliance upon what he understood to be the applicable requirements. He stated that the project did not increase bedrooms or wastewater flow,that the applicant had revised the plans repeatedly in response to Commission comments, and that the proposal improved overall site conditions. He also referenced other nearby approved redevelopment projects with comparable nitrogen calculations and stated that while a denitrifying system would likely reduce nitrogen further,he believed the current proposal already complied with the applicable standards. Commissioners also discussed an apparent discrepancy between the current nitrogen calculation of approximately 15.9 parts per million and the previously referenced November septic approval calculation of approximately 15.749 parts per million. The applicant stated that the calculations should be reconciled and that the prior approved condition should serve as the baseline for comparison, as no substantive site changes had occurred since the septic approval. Given the ongoing dispute regarding regulatory interpretation,burden of proof, cumulative effects, and the scope of information required for review,the Chair recommended continuing the hearing to allow consultation with Town Counsel regarding the applicability of Chapter 172,Regulation 30, Title V, cumulative effects analysis, and the legal arguments raised by both the applicant and the Commission. The applicant agreed to a continuance for that purpose and requested that Town Counsel be provided with the applicant's May 14 legal letter, including the cited JMS Holdings case, along with the commissioner's written rebuttal and relevant project materials. The applicant also agreed to evaluate the potential nitrogen reduction achievable through use of a denitrifying system and to reconcile the nitrogen calculations presented in the record. MOTION: To continue 31 Nick Trail to June 11,2026. Motion by: Richard Sahl Seconded by: Paul Colombo Vote: Motion passed unanimously by roll call vote Steve Cook,Paul Colombo, Richard Sahl, Seana Pitt 7