Dennis Board of Health approves variance for treatment facility after town presentation and abutter objections

The Town of Dennis Board of Health unanimously approved a variance for a proposed water resource recovery facility at Theophilus F. Smith Road after hearing a presentation from the town’s engineering representative and an objection from an abutter.

Mike Giudice of CDM Smith, representing the town, told the board the project is part of a comprehensive, eight‑phase wastewater management plan designed to address nitrogen contamination across local watersheds. He said phase one includes roughly 16 miles of collection piping, multiple pumping stations and a treatment plant already under construction. The facility, Giudice said, is designed to treat effluent to about 3 milligrams per liter of nitrogen, initially handling roughly half of the program’s projected flow with space for future expansion. Construction of the plant began in February and collection‑system work is expected to begin in mid‑July.

Abutter counsel Dan Creighton, appearing remotely for Hannah and her sister’s Realty Trust (abutting 160 Theophilus F. Smith Road), urged denial of the variance, arguing the site is in an "environmentally sensitive area" and that the town had not shown the "exceptional circumstances" required under the local standard (section 16B) to allow new construction in such areas. "I don't think it's appropriate to place a wastewater treatment facility in an environmentally sensitive area," Creighton said, adding that selecting town‑owned land for expedience did not, in his view, justify the variance.

Town representatives replied that the purpose of the program is to reduce nitrogen loading by removing discharges from failing septic systems and that the plant’s high level of nitrogen removal would produce a net reduction in contaminant loads to estuaries. The board then moved to approve the variance per the memorandum dated 04/29/2025, subject to conditions listed in that memorandum. The motion passed by unanimous vote of the sitting board.

The approval does not remove other permitting or inspection requirements; board members and town staff discussed and confirmed that the facility and the broader collection contracts are subject to the conditions and coordination described in the town memorandum. The board’s action followed the presentation and public comment; the town said construction on the collection contracts is expected to start this summer.