08/06/2026 CONSERVATION COMMISSION Minutes

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Town of Mashpee Conservation Commission 16 Great Neck Road North Mashpee, MA 02649 Mr. Colombo addressed the requested waiver from Regulation 25 and questioned how the proposal satisfied the waiver criterion requiring best available technologies or methodologies to improve the natural capacity of the resource area,particularly because the property was undeveloped and the septic system would be new rather than an upgrade to a failed system. The applicant cited the nitrogen-reducing septic technology, elevated pier construction,permeable surfaces, native and mitigation plantings and drainage improvements as measures intended to protect the wetland resources. Mr. Colombo also questioned operation of the septic system during flooding or a power failure. The applicant explained that the proposed system could not operate by gravity without electricity and would provide approximately one-half day of emergency storage based on anticipated usage. The components were designed to address buoyancy during flooding, and electrical components within the flood zone would be elevated or flood-protected.No backup power source was proposed. Because the matter was a remand from Superior Court, Mr. Colombo requested that the Commission close the hearing but deliberate separately rather than immediately issue a decision. He recommended that Town Counsel review the complete administrative record and provide guidance regarding whether the Commission should issue or deny and, if issuing, what conditions should be imposed. Mr. Colombo stated that his request was not based on the merits of the application and acknowledged the positive revisions that had been made,but remained unconvinced that all criteria of the bylaw had been satisfied. The Commission discussed the 21-day decision period following closure of the hearing. Staff stated that Town Counsel was already involved and could be provided the updated administrative record. The Commission agreed to seek counsel's feedback before final deliberations, including whether an executive session would be appropriate. Before the Commission proceeded to motions, the applicant's attorney clarified that the Commission was requesting Town Counsel's review of the administrative record rather than seeking an answer to a procedural question. The Commission confirmed that understanding. MOTION: Close and deliberate on 190 Monomoscoy Road, DEP File No. 433-258, send the administrative record to Town Counsel for review, and have Town Counsel provide an opinion and/or an executive session before the Commission conducts final deliberations and votes. Motion by: Paul Colombo Seconded bv: Richard Sahl Vote: Vote passed unanimously by roll call vote Steve Cook, Paul Colombo, Richard Sahl, Seana Pitt COC 23 Cross Tree Way, Susan M. Brady Trustee. Proposed reduction of lawn area and additional mitigation (Representative: Wet Tech Land Design, Inc.) 43- 3339 The Commission reviewed the Certificate of Compliance for 23 Cross Tree Way, Susan M. Brady Trustee, DEP File No. 433-339, for the reduction of lawn area and additional mitigation. Staff reported that the site had passed inspection with no issues. MOTION: Approve the Certificate of Compliance for 23 Cross Tree Way, DEP File No. 433- 339. Motion by: Richard Sahl Seconded by: Paul Colombo Vote: Motion passed unanimously by roll call vote. Steve Cook, Paul Colombo, Richard Sahl, Seana Pitt 11