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Town of Mashpee Conservation Commission <br /> 16 Great Neck Road North <br /> Mashpee, MA 02649 <br /> discussion occurred regarding the distinction between maintenance or replacement of existing structures and <br /> construction of new structures within the buffer area. <br /> Mr. Santos stated that he understood the concern and indicated that he would need to discuss the issue further <br /> with the applicant if the Commission determined that the outdoor kitchen or pergola structure would not be <br /> permissible under the applicable regulations. <br /> Questions were also raised regarding the nitrogen calculations submitted with the revised filing, including the <br /> recharge assumptions used in the analysis. Discussion occurred regarding the methodology used for natural <br /> and impervious surface recharge rates and the resulting nitrogen concentration calculations. It was noted that <br /> the property is located within a DEP wellhead protection zone and that the revised calculations reflected a <br /> modest reduction in nitrogen concentrations from existing conditions. Discussion followed regarding pending <br /> legal guidance concerning nitrogen standards applicable to projects located within wellhead protection areas <br /> and whether concentrations below 10 milligrams per liter may ultimately be required under certain <br /> circumstances. <br /> The Commission discussed the outstanding request for guidance from Town Counsel regarding nitrogen <br /> standards and wellhead protection zones. Staff reported that the request had been submitted on an expedited <br /> basis but that no response had yet been received. It was noted that the legal opinion would assist the <br /> Commission in evaluating this project and several other pending applications involving similar issues. <br /> Additional discussion occurred regarding whether future project modifications, including potential septic <br /> system improvements or other site changes, could be necessary depending upon the legal guidance ultimately <br /> received. It was also noted that the applicant may wish to revisit the nitrogen calculations and recharge <br /> assumptions as part of the continuing review process. <br /> It was further noted that, although the previously proposed shed had been removed, the revised plan raised <br /> additional concerns regarding whether the covered outdoor kitchen/pergola area constituted a new structure <br /> within 75 feet of the coastal bank. <br /> Mr. Santos stated that he would need to review both the coastal bank concerns and the nitrogen issues with the <br /> applicant and requested additional time to do so. The Commission indicated that it would be amenable to a <br /> continuance, particularly if the legal opinion regarding nitrogen standards had not yet been received. <br /> MOTION: To continue 63 Monahansett Road to June 25,2026. <br /> Motion by: Sandi Godfrey Seconded by: Richard Sahl <br /> Vote: Motion passed unanimously by roll call vote. <br /> Steve Cook, Paul Colombo, Sandi Godfrey, Richard Sahl, Seana Pitt <br /> 11 <br />