06/11/2026 CONSERVATION COMMISSION Minutes

Home Browse Search

Town of Mashpee Conservation Commission 16 Great Neck Road North Mashpee, MA 02649 NOI 31 Nick Trail, 31 Nick Trail, LLC. Proposed raze the existing single-family dwelling and construct new dwelling. (Representative: Grady Consulting, LLC) (coast.4.2/4.23/5.07/5.21) 43- 3408 Attorney Brian Wall and Scott Fanara of Grady Consulting appeared on behalf of the applicant. Attorney Wall explained that the proposal involves demolition of the existing non-flood-compliant dwelling and construction of a new flood-compliant dwelling in substantially the same location with a slightly reduced footprint. He noted that the only wetland resource area associated with the project is Land Subject to Coastal Storm Flowage. Attorney Wall stated that the project had undergone numerous revisions throughout the review process in response to comments from the Commission. He noted that discussion at the previous hearing focused primarily on nitrogen loading calculations, the applicability of the Commission's nitrogen performance standards, and whether the Commission could consider nitrogen loading associated with the septic system. He explained that the applicant's position had been that the prior proposal complied with the applicable nitrogen performance standard under the Commission's regulations, as the projected nitrogen concentration had been calculated at 15.9 parts per million, which was below the 19 parts per million standard referenced by the applicant. However, in an effort to address the Commission's concerns and move the project forward, the applicant elected to revise the proposal to include a denitrifying septic system as part of the Notice of Intent. It was reported that revised nitrogen loading calculations had been submitted and that, with the inclusion of the denitrifying septic system and other previously proposed improvements, the projected nitrogen concentration had been reduced from 15.9 parts per million to 9.4 parts per million. The applicant stated that the revised proposal satisfied all applicable performance standards and addressed the concerns raised during prior hearings. During Commission discussion, it was noted that the revised nitrogen calculations reduced concentrations below 10 milligrams per liter, a threshold that had been discussed extensively during previous hearings. One commissioner stated that the revised proposal addressed concerns regarding aquifer protection and expressed appreciation that the applicant had elected to pursue a denitrifying system. Discussion followed regarding the relationship between federal guidance, DEP regulations, Title V requirements, and the Commission's authority under Chapter 172 and the local wetlands regulations. Reference was made to correspondence received from the Massachusetts Department of Environmental Protection indicating that Title V regulations do not impose a specific 10 milligrams per liter nitrogen concentration requirement for the type of septic system previously proposed. In response, it was noted that the Commission's review authority differs from that of the Board of Health and DEP septic permitting programs and includes consideration of adverse environmental impacts and cumulative effects on protected resource areas. Commissioners discussed the distinction between Title V compliance and compliance with local conservation regulations, noting that a septic system may satisfy Title V requirements while still warrant additional consideration under the Commission's regulations. It was further noted that legal guidance previously requested regarding nitrogen calculations and the Commission's authority had not yet been received. However, commissioners acknowledged that the applicant's decision to incorporate a denitrifying septic system significantly reduced the concerns specific to this project. It was also noted that the anticipated legal guidance would remain important for future applications involving similar nitrogen-related issues. 15