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Commission takes jurisdiction on 18 Whortleberry/Waterbury Lane; requests stronger filing after neighbor objections
Summary
After an RDA presentation for a small lot in Dennisport, commissioners voted to take jurisdiction and requested a notice of intent, citing concerns about high groundwater, inadequate nitrogen mitigation and tree removal after neighbors raised objections; the panel directed staff to require a fuller NOI submission.
Jay Thrasher, the civil engineer for the applicants, told the commission that the small lot at 18 Whortleberry (Waterbury Lane) sits in an AE flood zone and will require raising the dwelling roughly six to seven feet above existing grade to meet FEMA elevation requirements; the plan also removes five trees to install a septic and proposes native perennial plantings as mitigation.
Neighbor Andrew Lenahan raised multiple technical objections. He said the site has a failed cesspool, is within the 100‑foot buffer and floodplain, and that the proposed work and a proposed 4‑ft retaining wall could redirect flood flows onto adjacent properties. He also questioned the plan’s nitrogen control and urged the commission to limit occupancy to a one‑bedroom solution if an advanced nitrogen‑reducing system could not be guaranteed.
Commissioners and staff examined the submitted materials and technical calculations. Commissioner Bill Norman and others flagged shallow groundwater, questioned the projected soil separation and recommended careful review under Title 5 and local rules. The conservation agent recommended taking jurisdiction to require a full Notice of Intent rather than resolving the matter as an RDA.
The commission voted to take jurisdiction and to require a positive determination (a full filing/NOI) and then voted a positive 5 (to apply the town’s wetlands bylaw); those motions passed with a roll‑call vote. The applicants were directed to file a Notice of Intent and submit more complete delineation and septic/nitrogen calculations for review.
Next steps: applicants to file a NOI with more complete resource delineation and technical data; commission will review the NOI at a future meeting.
