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Spotlight on Cape Cod

BarnstaBle town CounCil approves another $7.3 Million for sewering

Town Attorney Nober reports progress on settling Conservation Law Foundation suits

As the Barnstable Town Council recently voted to invest another $7.3 million in FY22-25 sewer construction funding, Town Attorney Karen Nober said she is close to reaching a settlement with the Conservation Law Foundation (CLF).

Nober said she and consulting law firm Anderson Kreiger of Boston are having "productive discussions" with the CLF, and she is "optimistic that we will soon see a settlement."

The CLF has filed two lawsuits against the Town of Barnstable, one in state and one in federal court. The cases charge that the town is obligated by law to stop polluting the groundwater with septic systems, and that by permitting septic systems, the town has in effect authorized further pollution.

Plus, CLF sued Barnstable in federal court earlier this year, alleging its Water Pollution Control Facility needs a federal discharge permit under the Clean Water Act because the treated wastewater discharged into the ground is reaching Lewis Bay.

Town Manager Mark Ells has said Barnstable is “committed to doing everything in our power to preserve the health of the waters surrounding the Cape” by enforcing Title 5 regulations and implementing a 30-year, DEP-approved Comprehensive Wastewater Management Plan (CWMP).

In fact, Councilor Kris Clark of West Barnstable said the CLF is “derailing” Barnstable's water cleanup efforts by “siphoning off financial resources (in attorneys fees) that could be directed toward exactly what they are asking us to do."

Earlier that evening, the council voted unanimously to approve $2.75 million for FY22-25 sewer expansion projects associated with Vineyard Wind 2 in Centerville; $3.5 million for the Route 28 sewer expansion project, which would lay pipe between Hyannis and Marstons Mills starting this spring; and another $1 million for sewering at MassDOT's Route 28 and Yarmouth Road Intersection Improvement Project.

“We are very busy…and we will be very busy for a long time to come,” said DPW Director Dan Santos.

Barnstable DPW is installing 2,200 linear feet (LF) of gravity sewer from Craigville Beach and Strawberry Hill Roads in Centerville to Indepen-

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dence Drive, Hyannis, in conjunction with Vineyard Wind 1. This project allows Vineyard Wind to “land” electric cables at Covell's Beach and connect to a new substation at Independence Park. A new sewer pump station is being installed on Strawberry Hill Road.

Bidding will get underway in January for the Route 28 East project, which will allow 90 properties to connect to the municipal sewer system. Construction is scheduled to begin late spring or early summer 2022, with an anticipated completion date of spring 2023.

The Route 28 East project will install approximately 8,600 LF of new sewers within Route 28, Phinney’s Lane, and West Main Street, and add a new sewer pump station at the former gas station on what is now town-owned property located at 1456 Falmouth Road. Another 11,600 LF of sewer force mains will connect the pump station to the Water Pollution Control Facility. The project will also install 4,300 LF of water main within Route 28, Earle’s Court and Captain Ellis Lane to improve water quality and water pressure.

The Vineyard Wind 2 onshore project includes properties along Long Pond and the west side of Lake Wequaquet. A new submersible pump station will be installed in Centerville, closing off Mother's Park Road and reconfiguring the two intersections adjacent to the park.

In-house design is ongoing for the Route 28 West Sewer Expansion Project, which will take sewer expansion into the Three Bays watershed. The DPW will reconfigure the intersection of Mother’s Park Road and Phinney’s Way, and install sewering along some private roads in Centerville. The Marstons Mills Wastewater Treatment Plant will be converted into a pump station to bring wastewater back to the Hyannis treatment plant.

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Sewer installation at Route 28 and Yarmouth Road to serve properties north of Route 28 is scheduled to begin after the first of the year, with heavy-duty construction expected this spring, Santos said. Ells thanked the councilors for their continued support of sewer financing. "In the three votes you made tonight...your support in allowing us to proceed with constructing the sewer backbone from Phinney's Lane in Hyannis to Route 149 in Marstons Mills is significant," Ells said. "I’ll bet this vote tonight will not go unnoticed. This is significant." Written by Bronwen Howells Walsh. Reprinted from The Barnstable Patriot. n 100 Fremont Street 431 Second Street Worcester, MA 01603 Everett, MA 02149

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