Falmouth conservation panel allows septic replacement but orders cleanup of unpermitted work

The Falmouth Conservation Commission on Tuesday voted to issue a negative determination that allows a homeowner at 30 Woodneck Road to proceed with a Title 5 septic replacement while the commission pursues remediation of other unpermitted work on the property.

Staff had recommended a positive determination under both the Massachusetts Wetlands Protection Act and the Falmouth Wetlands Bylaw for the site as a whole, noting multiple unpermitted features including a deck, a stone patio, a fence and an unpermitted vista. Fallon, the conservation staff member, told the commission that resource-area boundaries are not yet confirmed and that staff would prefer to wrap the outstanding violations into a notice-of-intent filing rather than proceed directly to enforcement.

Shane Hachter, the owner’s representative, told the commission the family has owned the property since about 1959, is compiling historic photos to document older structures, and needs the septic replaced urgently because the existing cesspool is failing and requires frequent pumping. “We’re just trying to get the septic in,” Hachter said, adding the denitrification system proposed (an N12) would cost on the order of $100,000–$125,000.

Commissioners debated whether to continue the matter until the applicant’s engineer could respond, and whether to allow septic work to proceed while other violations are addressed. After the initial motion to accept staff’s positive determination failed, the commission approved a motion to issue a negative determination limited to septic work only. The chair instructed the applicant to work with the engineer and staff to remediate the remaining violations; Fallon said staff would issue an enforcement letter and scheduled a hearing on October 23.

The negative determination allows the septic installation to proceed but does not clear other unpermitted work on the property. Staff and commissioners emphasized the commission’s preference that outstanding violations be resolved through a Notice of Intent and that any temporary site measures (for example, covering an existing paver parking area) be coordinated with staff guidance before permanent reuse.

What happens next: the owner may begin septic installation under the negative determination; staff will issue an enforcement letter and the commission will review required filings at a hearing set for October 23. If the owner proceeds with the septic, the commission said it expects the applicant to follow up on the separate filings to resolve the other violations.