The meeting was opened at 7:00 p.m. by Chairman Ronald Broman. Also present were members Edward Sheehan, Ted Whittaker, Allen Ward, Health Agent Judith Giorgio and Secretary Dianne Langlois. Member Mary Ann Gray was absent. The minutes of November 9, 2009 and November 23, 2009 were approved. The correspondence was reviewed.
Action Items
Potassium Iodide: Distribution in progress.
Chatham Medical Reserve Corps; Public Health Emergency Plan.
Discussion to modify original variance permit for: Pamela Parsons, Holiday Shores, 57-82 Sea Mist Lane, Coastal Engineering;
John Schnaible from Coastal Engineering came before the BoH to discuss his clients request to modify the original variance permit. Also present: Rick Grady from Grady Consulting. The BoH is in receipt of copies of the variance approval letter dated May 14, 2001, the recorded deed restriction, and the plan entitled “Septic Repair Plan” by Grady Consulting, LLC dated 11/29/99.
The original approval from the BoH required an Innovative/Alternative technology be installed as part of the sewage disposal upgrade. The approval letter allowed for an additional (4) four bedrooms to the property for a maximum of fifteen (15) bedrooms. The four bedrooms have not been built.
John Schnaible informed the BoH that the property owners would like to modify the approval to allow the FAST component be removed and replaced or the FAST component altered to become a standard Title 5 septic tank. This standard Title 5 system would be for the existing eleven (11) bedrooms. If a building permit application for the four (4) bedrooms were to be submitted than an I/A Technology component would be added to the sewage disposal system.
John Schnaible further stated that the current sewage disposal system has ambient odor and noise issues and in addition, does not meet the typical nitrogen discharge limits. The last few years the owners have been trying to address these issues with limited success.
The BoH addressed this issue at a hearing on June 9, 2008. At that time the Board approved a plan by Coastal Engineering to try and address the operational issues at the site. Since that time the system has continued to miss the mark for nitrogen reduction, and odor and noise issues continues.
A meeting was held in late August with John Schnaible, from Coastal Engineering, the complainant Edward Handel, Robert Duncanson, and Selectmen Sean Summers, and Judy Giorgio to discuss the continued problems at this site. It was the general consensus that removing the I/A component and replacing it with a conventional septic tank would solve the odor and noise issues. This site is not in a propriety area for nitrogen reduction, under the CWMP.
The BoH is in receipt of a memo from Judy Giorgio with her comments and recommendation. Judy has stated that whereas the original variance granted was an offset to the cottage wall, there are no wetland or groundwater issues, and no additional bedrooms have been added she is recommending that relief be given regarding the use of I/A technology, with the understanding that the deed restriction be modified to 11 bedrooms, as existing.
The BoH stated that if the owners in the future wish to add the additional 4 bedrooms the I/A technology system would have to be installed along with modifying the deed restriction to a total of 15 bedrooms.
Edward Sheehan made the motion to modify the original variance permit. John Schnaible is to design Title 5 septic system plan for BoH review and approval along with a new deed restriction.
Ted Whittaker seconded. Unanimous.
Variance hearing and approval of I/A Technology for: 52 Nickerson Lane LLC, 52 Nickerson Lane, Coastal Engineering; John Schnaible from Coastal Engineering came before the BoH to discuss the proposed variance request. He submitted to the BoH the abutters green receipt cards.
The applicant Stratford Wallace is proposing to reconstruct an existing three (3) bedroom dwelling at the property and add a fourth bedroom. This lot contains approximately 25,400 s.f. of lot area as defined by the Town of Chatham Nitrogen regulations. The lot is not located within a mapped Zone II for a public water supply well. The lot is located in an area designated for Phase I sewering. The existing system was constructed in 1968 according to Health Dept. records.
The applicant is requesting the Board approve the use of Innovative/Alternative Technology at the property in order to renovate and add the fourth bedroom in accordance with the Chatham Nitrogen Loading regulations (Sec. 5.1). They are proposing to use a SeptiTech Model M400D, denitrification, IA system. The engineer has provided nitrogen loading calculations for the Boards review.
In order to reconstruct the system as proposed the following variances from the Town of Chatham Subsurface Sewage Regulations and Title 5 are required:
- Grade over septic tank and I/A tank to be less than 1 ft. above flood plain elevation, 1 ft. variance required (Chatham Regulation Sec. 2.8)
- Distance from wetland resource area to SAS reserve area 73 ft. proposed, 100 ft. required, 27 ft. variance requested (Chatham Regulation Sec. 4.2).
The BoH is in receipt of a memo from Judith Giorgio recommending approval of this variance request with conditions.
Edward Sheehan made the motion to approve the variance request and use of I/A Technology with the following conditions:
1. The applicants shall restrict this property to a maximum of four (4) bedrooms and record this restriction at the Barnstable County Registry of Deeds. The applicants shall submit a copy of the executed deed restriction to the Health Department.
2. Throughout its life, the system shall be under an operation and maintenance (O&M) agreement. O&M agreements shall be for at least one year and may be with any Massachusetts certified operator of the appropriate grade that has received training by the Company on the operation of the system.
3. Effluent from the system shall be monitored at least once per calendar quarter. The effluent shall be monitored for TN and Ammonia, for a minimum of two years. A performance standard of 19 mg/l is required to be met for Total Nitrogen. After the required two years an application can be made to the Board for review and possible modification of the monitoring requirements. Water meter readings are to be provided with the quarterly reports.
4. The applicant shall sign a covenant with the Board of Health agreeing to comply at such time as the Town of Chatham, through its Board of Health or Board of Water & Sewer Commissioners, directs the connection of this property with whatever wastewater management option specified for this watershed in the adopted Comprehensive Wastewater Management Plan. This covenant shall be recorded at the Barnstable County Registry of Deeds and a copy of the executed covenant shall be submitted to the Board of Health.
5 The applicant agrees to apply a minimum of six (6) inches of compacted topsoil to all landscaped areas of the property.
6. A certified as-built plan with as built elevations (stamped and dated by the design engineer) of the septic system shall be submitted to the Health Department for review, prior to the issuance of a Certificate of Compliance.
7. No alteration to the floor plan of the property shall be allowed without further review by the Board of Health.
8. This approval is based upon the site plan dated November 18, 2009, prepared by Coastal Engineering and received by the Health Department on November 24, 2009.
9. This variance is granted pursuant to the State Environmental Code, Title 5, and the Town of Chatham Nitrogen Loading Regulations is valid for one year from the date of the Board of Health approval. A permit must be issued, and work commenced during that one year period or the variance shall expire.
Ted Whittaker seconded the motion. Unanimous.
The Health Agent is to write a letter to the owner and engineer to this effect.
Variance hearing for: Cheboygan Properties, 147 Seaview Street, Bracken Engineering; Don Bracken from Bracken Engineering came before the BoH to discuss a subsequent variance for this property. The BoH had approved a previous variance request with the use of I/A technology at its meeting of October 5, 2009 to add a 3rd bedroom, when reconstructing the existing two bedroom dwelling. The approval was with the usual conditions, and the use of I/A technology. This property is to be deed restricted to (3) three bedrooms.
Zachary Basinski stated that on behalf of his clients he is requesting the Board approve the following additional variance.
Reduce the minimum setback from a cellar wall to the soil absorption system from 20’ to 11’ and include a 40 ml vinyl liner around the proposed foundation. (Title 5;15.211, Town of Chatham Regulations)
The BoH is in receipt of a memo from Judy Giorgio is recommending the BoH approve this variance with the conditions set forth in the approval dated October 5, 2009.
Edward Sheehan made the motion to approve the additional variance request and use of I/A Technology with the following conditions:
1. The applicants shall restrict this property to a maximum of three (3) bedrooms and record this restriction at the Barnstable County Registry of Deeds. The applicants shall submit a copy of the executed deed restriction to the Health Department.
2. Throughout its life, the system shall be under an operation and maintenance (O&M) agreement. O&M agreements shall be for at least one year and may be with any Massachusetts certified operator of the appropriate grade that has received training by the Company on the operation of the system.
3. Effluent from the system shall be monitored at least once per calendar quarter. The effluent shall be monitored for TN and Ammonia, for a minimum of two years. A performance standard of 19 mg/l is required to be met for Total Nitrogen. After the required two years an application can be made to the Board for review and possible modification of the monitoring requirements. Water meter readings are to be provided with the quarterly reports.
4. The applicant shall sign a covenant with the Board of Health agreeing to comply at such time as the Town of Chatham, through its Board of Health or Board of Water & Sewer Commissioners, directs the connection of this property with whatever wastewater management option specified for this watershed in the adopted Comprehensive Wastewater Management Plan. This covenant shall be recorded at the Barnstable County Registry of Deeds and a copy of the executed covenant shall be submitted to the Board of Health.
5 The applicant agrees to apply a minimum of six (6) inches of compacted topsoil to all landscaped areas of the property.
6. A certified as-built plan with as built elevations (stamped and dated by the design engineer) of the septic system shall be submitted to the Health Department for review, prior to the issuance of a Certificate of Compliance.
7. No alteration to the floor plan of the property shall be allowed without further review by the Board of Health.
8. This approval is based upon the site plan dated September 15, 2009 and revised on November 11, 2009, prepared by Bracken Engineering Inc. and received by the Health Department on November 23, 2009.
9. This variance is granted pursuant to the State Environmental Code, Title 5, and the Town of Chatham Nitrogen Loading Regulations is valid for one year from the date of the Board of Health approval. A permit must be issued, and work commenced during that one year period or the variance shall expire.
Ted Whittaker seconded the motion. Unanimous.
The Health Agent is to write a letter to the owner and engineer to this effect.
Variance hearing and approval of I/A technology for: Kenneth Mulvaney, Lot 2, Hardings Beach Road, Eldredge Surveying;
Terry Eldredge from Eldredge Surveying came before the BoH to discuss the proposed variance request and use of I/A technology. He did not present to the BoH the abutters green receipt cards but will submit to Health Dept. instead.
Terry Eldredge informed the BoH that the two (2) bedroom dwelling is currently under construction and the owner proposes to convert the proposed exercise or t.v. room located in the lower level (basement) to a bedroom. The bedroom count will be increased from two (2) bedrooms to three (3) bedrooms.
zterry Eldredge informed the BoH that this property may be for sale and owners wish to have it listed for three-bedrooms and not two. The BoH reviewed the proposed basement floor plans. Edward Sheehan questioned which room would be designated the “third bedroom” and would need to be indicated on a new plan.
The subject property contains an area of upland, prior to the road taking of 25,500 s.f. This lot is not located within a mapped Zone II for a public water supply well, and is in and area slated for Phase I sewering.
The applicant is requesting the Board approve the use of Innovative/Alternative Technology at the property in order to add the third (3) bedroom dwelling in accordance with the Chatham Nitrogen Loading Regulations. They are proposing to use a MicroFAST .5 unit. The BoH is in receipt of nitrogen loading calculations for their review.
The BoH is in receipt of a memo from Judith Giorgio recommending approval of this variance request with conditions.
Edward Sheehan made the motion to approve the variance request and use of I/A Technology with the following conditions and the submission of revised floor plans indicating the bedroom location in basement:
1. The applicants shall restrict this property to a maximum of three (3) bedrooms, and record this restriction at the Barnstable County Registry of Deeds. The applicants shall submit a copy of the executed deed restriction to the Health Department.
2. Throughout its life, the system shall be under an operation and maintenance (O&M) agreement. O&M agreements shall be for at least one year and may be with any Massachusetts certified operator of the appropriate grade that has received training by the Company on the operation of the system.
3. Effluent from the system shall be monitored at least once per calendar quarter. The effluent shall be monitored for TN and Ammonia, for a minimum of two years. A performance standard of 19 mg/l is required to be met for Total Nitrogen. After the required two years an application can be made to the Board for review and possible modification of the monitoring requirements. Water meter readings are to be provided with the quarterly reports.
4. The applicant shall sign a covenant with the Board of Health agreeing to comply at such time as the Town of Chatham, through its Board of Health or Board of Water & Sewer Commissioners, directs the connection of this property with whatever wastewater management option specified for this watershed in the adopted Comprehensive Wastewater Management Plan. This covenant shall be recorded at the Barnstable County Registry of Deeds and a copy of the executed covenant shall be submitted to the Board of Health.
5 The applicant agrees to apply a minimum of six (6) inches of compacted topsoil to all landscaped areas of the property.
6. A certified as-built plan with as built elevations (stamped and dated by the design engineer) of the septic system shall be submitted to the Health Department for review, prior to the issuance of a Certificate of Compliance.
7. No alteration to the floor plan of the property shall be allowed without further review by the Board of Health.
8. This approval is based upon the site plan dated November 6, 2009, prepared by Eldredge Surveying and received by the Health Department on November 16, 2009.
9. This variance is granted pursuant to the State Environmental Code, Title 5, and the Town of Chatham Nitrogen Loading Regulations is valid for one year from the date of the Board of Health approval. A permit must be issued, and work commenced during that one year period or the variance shall expire.
Ted Whittaker seconded the motion. Unanimous.
The Health Agent is to write a letter to the owner and engineer to this effect.
Request for waiver from Real Estate Transfer regulation for: George Estey, 157 Sears Road, Doherty/Clark representing; Present: David Doherty from Webster’s Real Estate and David Clark. The BoH is in receipt of a letter from Webster’s Real Estate who is representing the proposed buyer of the property. Mr. Estey is requesting a waiver from the installation of a new Title 5 septic system until 2010. David Doherty informed the BoH that the house is presently unoccupied and the new owner is planning to demo and re-build but closing is not definite but may be in March 2010. David Doherty suggested that the they would agree to have water shut off and meter removed at this time to reassure the BoH that the house will not be occupied. Mr. Estey has retained
Clark Engineering to provide engineering and environmental services for the demolition and reconstruction of the existing dwelling. Clark Engineering has submitted results of the soil suitability assessment and preliminary site survey indicating that the site will support a new Title 5 septic system.
Ron Broman questioned the BoH authority to post property condemned or how to enforce that the property remain unoccupied. Judy Giorgio state that the Real Estate Transfer regulation gives the BoH authority to give extension with conditions they feel necessary and to enforce the regulation with penalties.
David Clark stated that engineer plans would be submitted to the Health Dept. within three months and documentation that water meter has been removed.
Edward Sheehan made the motion to issue a waiver 30 days from closing date. Also, engineer/realtor will return to BoH and show additional information and update.
Ted Whittaker seconded. Unanimous. Health agent is to write a letter to this effect.
Cont. request for variance on required I/A technology installation for: Eugene Dubis, 9 Valley Farm Road; Cont. from September 14, 2009 meeting.
Mr. Dubis is requesting a variance from the installation of the required I/A technology installation and would like to install a standard Title 5 septic system until such time town sewer would be available for connection.
The BoH is in receipt of a memo dated September 28, 2009 from Robert Duncanson outlining an approximate time for this area to be connected to town sewer. He further states that since Dubis has submitted a signed and recorded covenant his request should be considered.
Judy Giorgio has also submitted to the BoH a memo listing the street’s that are in the initial phase of sewering along with several scenarios for potential waiver requests for nitrogen loading requirements or system repairs to review.
After reviewing the information Judy Giorgio had submitted the BoH feels that they need additional time to review and discuss.
Continued until January 4, 2010.
Continued hearing to discuss and adopt revisions to: Town of Chatham, Real Estate Transfer regulation; Present: Norman Pacun and Gloria Freeman. Continued from November 23, 2009 meeting. The BoH is in receipt of the revision made to the regulation which was reviewed.
Ron Broman reviewed the comments Attorney Litchfield had submitted on November 23, 2009 with the BoH and staff.
His issues had been discussed and reviewed in length at previous meetings by the BoH. The BoH feels that the revised regulation tightens up issues with real estate transfers between parent and children which needed to be addressed.
Edward Sheehan made the motion to approve the regulations as written. Allen Ward seconded. Unanimous. Effective date upon publication, December 24, 2009.
Ron Broman requested that it be noted in the minutes that the BoH did officially vote to close North Beach for swimming in their August meeting.
Adjourned: 9:00 p.m.
Approved: January 4, 2010
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