Mashpee ZBA approves modification to allow regional wastewater facility on Gunther's Lane, 4-1

The Mashpee Zoning Board of Appeals on May 13 approved a modification to Special Permit SP‑87‑05‑053 (filed as SP‑2026‑06) that removes roughly 7 acres of open space so the Town of Mashpee can site a Mashpee–Waquoit regional satellite wastewater facility on Gunther's Lane. The motion passed 4–1.

Town petitioner Mark Drainville, P.E., representing engineering firm GHD Inc., presented site plans and groundwater modeling for the proposed facility and said it is “designed to remove over 90% of nitrogen and 80% of phosphorus,” and that the project would allow some homes in the Pimlico Heights subdivision to connect to municipal sewer rather than individual Title 5 septic systems. Town counsel Jonathan Eickman submitted a legal memorandum addressing objections raised by lot owners’ counsel and the board incorporated that memorandum into the record.

Attorney William Henchy, representing multiple lot owners within and abutting Pimlico Heights, argued the board lacked authority to grant the petition, raised state constitutional concerns invoked as Article 97, and said the town had not submitted sufficient site detail for impacts and driveway construction. The board requested written answers and additional engineering detail during earlier hearings; the petitioners provided reports and revised plans before the board’s deliberations. The board credited testimony on the engineering, including groundwater modeling, and found the revised removal would leave about 24 acres of open space—approximately 63% of the subdivision’s upland area—well above the 35% minimum required under the 1987 zoning bylaws.

As conditions of approval the board required placement of bollards at two locations, dark‑sky‑compliant lighting for the driveway and building, limited noise from the plant (applicant stated noise would be limited to an insulated emergency generator), and hours of operation set for 7:00 a.m. to 4:30 p.m. on weekdays, with weekends for emergency use only. Members voting in favor of the findings and to grant the modification were Chairman Ronald Bonvie, Jonathan Furber, Scott Gallusser and associate member Michael Marizio. Member Sharon Singelair voted no.

The board read and adopted the written findings and approved the written decision to be filed with the town clerk. The decision notes that the total area to be removed from open space restrictions matches the approximately 7 acres previously considered and that the proposed revised boundary allows vehicular access from Gunther's Lane. The petition does not itself approve construction permits for the wastewater facility; additional environmental permits and agency approvals (for utilities, groundwater discharge, MEPA review and others) remain outside the ZBA’s jurisdiction, according to the record.

The board recorded three separate roll‑call motions to (1) grant the modification for the area depicted on the site plan, (2) adopt the findings in the written decision, and (3) approve the finalized written decision; each motion passed 4–1. The board instructed staff to assemble signed forms for filing and recordation.

The board’s decision and related materials, including the engineering reports and the petitioner’s memorandum, will be filed with the town clerk and were referenced during the board’s reading of the decision on May 13.