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Town of Mashpee Sewer Commission <br /> t <br /> 16 Great Neck Road North <br /> Mashpee, MA 02649 <br /> Andrew Gottlieb urged the Commission to deny the variance. He stated that the Commission's <br /> responsibility was to evaluate compliance with the Flow Neutral Bylaw rather than the merits of <br /> proposed environmental mitigation measures. Mr. Gottlieb expressed concern that approving the <br /> variance could create future compliance issues related to the Town's wastewater planning <br /> obligations and financing requirements. <br /> Paul Colombo spoke as a resident and environmental science instructor. He discussed the <br /> history of water quality impairment in Popponesset Bay and expressed concern regarding <br /> cumulative nitrogen impacts. Mr. Colombo stated that while significant investments have been <br /> made in wastewater infrastructure, additional nitrogen loading remains a concern. He urged the <br /> Commission to carefully consider the long-term environmental implications of granting the <br /> variance. <br /> Commission Questions and Discussion <br /> Commissioners questioned the applicant regarding the applicability of the Flow Neutral Bylaw, <br /> wastewater treatment plant capacity, nitrogen reduction calculations, cranberry bog restoration, <br /> and the long-term operation of the Willowbend Wastewater Treatment Plant. Attorney McAuley <br /> stated that the applicant believes the bylaw may not apply to Willowbend in the manner <br /> suggested by opponents because of the size of the overall property and the existence of a private <br /> wastewater treatment plant. He stated that the applicant nevertheless sought a variance in order <br /> to address questions regarding interpretation of the bylaw and maintained that the project <br /> satisfies the variance criteria because sufficient treatment capacity exists and the proposal would <br /> result in a net reduction of nitrogen entering the watershed. <br /> Commissioners also questioned the assumptions used to calculate nitrogen reductions and the <br /> timing of the proposed cranberry bog restoration. The applicant stated that the calculations were <br /> based on accepted scientific data and prior cranberry bog restoration projects but acknowledged <br /> that site-specific monitoring data had not been collected for the subject bogs. The applicant <br /> explained that the restoration project is one component of a larger mitigation package negotiated <br /> during the Planning Board approval process, which includes a cash mitigation payment, donation <br /> of a buildable lot for affordable housing purposes, bog restoration estimated at approximately <br /> $750,000, and other mitigation measures. The applicant stated that the restoration work would be <br /> secured through a bond prior to construction. In response to questions from Chair Harris, the <br /> applicant confirmed that the bog restoration would not occur if the variance is denied because the <br /> restoration is a mitigation measure directly tied to the proposed development. <br /> The applicant further stated that the bogs currently remain in active agricultural use under a year- <br /> to-year lease and continue to be fertilized. Fertilization would not cease immediately upon <br /> approval of the variance. The applicant explained that the bogs would remain in cultivation <br /> through the existing growing season and would be removed from cultivation once all required <br /> permits and approvals are obtained and the project is authorized to proceed. <br /> Additional discussion focused on the Willowbend Wastewater Treatment Plant. The applicant <br /> stated that the facility remains in good condition, is regularly evaluated and maintained, and <br /> currently discharges effluent containing approximately five to six milligrams per liter of total <br /> nitrogen,below its permitted limit of ten milligrams per liter. The applicant further stated that no <br />