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Commission issues determinations for 10 North Road septic upgrade after debate over RDA vs NOI

Dennis Conservation Commission · May 21, 2026
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Summary

After debating whether an RDA or an NOI was appropriate, the commission closed the hearing for a proposed septic upgrade at 10 North Road, issued a Positive '5' determination subjecting the work to wetlands review and also recorded a Negative '2' finding that the described work will not alter the resource area; staff and the applicant discussed variances and Board of Health coordination.

The Dennis Conservation Commission closed the hearing May 21 on a proposed septic upgrade at 10 North Road in West Dennis and issued determinations after commissioners debated whether the matter should proceed as a Request for Determination of Applicability (RDA) or a Notice of Intent (NOI). The applicant, Peter McEntee, described a design that places the proposed SAS as far from resource areas as possible while acknowledging the septic tank and pump chamber would be slightly within the 50-foot buffer but outside the 100-foot buffer.

Commission members expressed differing views: some said town practice typically requires an NOI when variances are requested, while others noted that a stamped plan and the applicant's compliance measures could make an RDA appropriate to avoid extra cost and delay. Peter said the plan is intended to achieve "maximum feasible compliance with Title 5" and that disturbed areas would be restored.

The commission moved to close the public hearing and recorded a Positive '5' determination that the area and the work described are subject to review under the town bylaws, and separately a Negative '2' determination indicating that, as described, the work is within jurisdiction but will not alter the resource area. Both motions were seconded and carried on voice votes. Commissioners asked staff to prepare an order of conditions where applicable and noted coordination with the Board of Health for local upgrade variances.

The applicant said relocating the tank further from the wetland would trigger a separate Title 5 variance related to plumbing and site constraints and that the chosen layout balanced separation distances, existing site features, and Board of Health requirements.