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Falmouth Select Board declines to appeal wastewater discharge permit for Southerntherly LLC
Summary
After reviewing the final groundwater discharge permit for the proposed wastewater treatment facility at 375 Sandwich Road, the Select Board said the permit reflects town comments and provisions requested by the town’s wastewater superintendent and decided not to pursue an appeal. The choice reflects tradeoffs between denitrification mandates and affordable‑housing constraints under Chapter 40B.
The Falmouth Select Board announced March 23 that it will not appeal the final groundwater discharge permit issued to Southerntherly LLC for a wastewater treatment facility at 375 Sandwich Road. The board said the permit incorporated town comments and specific provisions requested by Amy Lel, the town’s water/wastewater superintendent, and is consistent with the settlement terms approved by the Zoning Board of Appeals for a Chapter 40B comprehensive permit.
The board framed the decision in the context of competing obligations facing the town. Town Manager Mike Renshaw told the board the town must reckon with both a legal mandate to reduce nitrogen pollution in its waterways and the pressing local need for affordable housing, constrained in part by Chapter 40B rules. Renshaw said the town faces “monumental” work to denitrify Great Pond and other waters while also trying to enable affordable development.
The decision was presented as pragmatic: the permit’s terms, town staff and counsel said, took local concerns into account and included wastewater superintendent Amy Lel’s requested provisions. The board voted to forgo an appeal after hearing staff recommendations that, given the technical and legal landscape, the final permit best protected the town’s environmental and budget interests under the circumstances.
What happens next: the board said it will continue to press for stronger state policy and urged the town’s state delegation to consider changes to Chapter 40B to give communities more tools to balance housing and environmental protection. The board also said it will continue the town’s long‑term denitrification efforts.
Quotes and attribution: The board’s announcement stated that “we have reviewed the final groundwater discharge permit … and have decided that it is not in the best interest of the town to pursue an appeal,” a statement made and read during the meeting by the select board leadership. Town Manager Mike Renshaw summarized the town’s financial and environmental constraints in explaining the decision.
Next steps: The Select Board will continue monitoring permit implementation and pursue state-level advocacy for statutory fixes; the board also said it will maintain active oversight of the project and the town’s denitrification programs.
