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 December 14, 2009 were approved. The correspondence was reviewed.
Action Items
Potassium Iodide: Distribution in progress.
Chatham Medical Reserve Corps; Public Health Emergency Plan.
Variance hearing and approval of I/A Technology for: Dennis Linnane, 155 Mill Creek Road, Clark Engineering;
David Clark from Clark Engineering came before the BoH to discuss the proposed variance request. He submitted to the BoH the abutters green receipt cards.
David Clark submitted revised site plans indicating a change in the type of I/A Technology from FAST system to a Singulair unit which will reduce the blower unit noise.
The applicant is proposing to reconstruct a three (3) bedroom dwelling at the property. Judy noted in her memo that the proposed plan shows a den that may be considered a 4th bedroom. David Clark stated that that den area could be redesigned as to not be considered a bedroom. Intent of new owner is for the new dwelling to remain three bedrooms.
This lot contains approximately 8,412 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 the Taylors Pond watershed, an area designated for phase II sewering, therefore will not be sewered for at least 20 years.
The applicant is requesting the Board approve the use of Innovative/Alternative Technology. They are now proposing to use a Singulair system. The BoH is in receipt of nitrogen loading calculations for their review. In order to upgrade the system from the existing cesspool they are requesting the following variances to Title 5 and the Chatham Board of Health Minimum Standards for the Disposal of Sanitary Sewage:
- Minimum setback distance from soil absorption system to the coastal bank; 50 ft. required, 36 ft. proposed, a variance of 9 ft. is requested (Title 5;310 CMR 15.211)
- Minimum setback distance from septic tank to coastal bank, 50 ft. required 27 ft. provided, variance of 23 ft. requested, (Chatham Board of Health Minimum Standards for the Disposal of Sanitary Sewage, Section 4).
- Minimum setback distance from leaching to coastal bank, 100 ft. required 41 ft. provided, variance of 59 ft. variance requested, (Chatham Board of Health Minimum Standards for the Disposal of Sanitary Sewage, Section 4).
Ron Broman read an e-mail from abutters Edwin & Janis McCausland of 154 Mill Creek Road stating their concerns. They do support the upgrade of the septic system but feel that approval should be contingent upon Conservation Commission and Zoning Board of Appeals. Ted Whittaker noted his displeasure with number of variances needed in order to upgrade the cesspool system and the size of the new footprint of the dwelling.
Edward Sheehan agreed with Ted’s concerns. Edward Sheehan and Ted Whittaker suggested that Conservation should review proposal before the BoH makes a ruling. David Clark stated that the BoH should be reviewing the septic system and has no jurisdiction over the size of the footprint. He further stated that even if the size of the dwelling was to decrease it would still need the same number of variances on a small lot. The increase in footprint is primarily the porch and garage area.
Ted Whittaker made the motion to continue the variance hearing until Conservation Commission has reviewed this proposal. Edward Sheehan seconded. Unanimous.
Ron Broman asked for comments from the audience.
Abutter Mike Pasternak from 151 Mill Creek Road stated that he has been working with David Clark to change the type of I/A Technology from FAST unit to Singulair to accommodate the abutters concerns. He was originally concerned with the noise and odor that would generate from the FAST unit. He now feels that the new system designed would be better for the area.
Steve Hecht from 68 Eel River Road also stated his concern with the potential odor and noise from the system.
Frank Gallop from 30 Periwinkle Dr. asked if proposed leaching system is the same as a Title 5 system. David Clark stated that it was.
David Clark addressed the abutters concerns and explained the type of system that will be used.
Dennis Linnane the new owner of this property re-assured the BoH and abutters that he was willing to change the type of system and has worked with the abutters and has addressed their concerns for this project.
To be continued until February 8, 2010.
Request for approval of tight tank for: Town hall Annex, 261 George Ryder Rd, Stearns & Wheler, LLC; Robert Duncanson, Director of Health & Environment came before the BoH to discuss the request for approval of tight tank at the Town Hall Annex building.
Mr. Duncanson stated that the Town of Chatham, in order to continue the construction of the Town Hall Annex and Police station on George Ryder Road is requesting the approval of the use of a tight tank for temporary use until such time as the new buildings can be connected to the town sewer system. The use of a tight tank is prohibited in Title 5 for new construction, therefore a variance must be obtained by the local Board of Health with final approval by DEP.
Prior to the installation of any tight tank, the facility owner shall submit to the Department the written approval of the local Approving Authority together with a copy of the complete application submitted to the local Approving Authority 15.260:1.
The tight tank size is 21,000 which is more than adequate for the use of the Annex Building.
As this is being proposed as a temporary situation Judy is recommending that the BoH approve this request.
Edward Sheehan made the motion to approve the use of the tight tank for the Town Hall Annex building. Ted Whittaker seconded. Unanimous.
Abutter Tom Watson asked the location of the tight tank which was indicated on the plan by Mr. Duncanson. Mr. Watson had no other concerns.
Cont. discussion on BoH policy waiver request from nitrogen loading requirements or system repairs; Continued from December 14, 2009 meeting. The BoH had requested a continuance in order to allow time for the BoH to review the Health Agents outline of potential waiver requests for nitrogen loading requirements or system repairs to review.
Judy informed the BoH that she had sent her memo to Town Counsel for his comments on this. He did not have any issues with the scenarios and BoH policy. Bruce Gilmore did state that escrow accounts could be appropriated if the BoH felt necessary.
Scenarios for potential waiver requests from nitrogen loading requirements or system repairs:
Initial phase sewering within 3 years:
New construction: additional bedroom request.
Allow to construct conventional septic with requirement to hook up to
town sewer within 3 years. Extensions may be requested to the Board.
Addition/reconstruction; additional bedroom.
T-5 inspection of SDS to confirm type, size and location of SDS. Allow
construction with requirement to hook up to sewer within 3 years.
Extensions may be requested to BoH.
Repair failed system, no addition.
Repair system with conventional system, will be required to hook up to
sewer within 3 years. Other options may be proposed at the discretion of
the applicant, i.e. pumping regularly, require BoH approval.
Repair failed system, real estate transfer.
Repair system with conventional system, will be required to hook up to
sewer within 3 years.
Bob Duncanson stated that the Treatment Facility and Phase I will be approximately three years. Phase II is approx. 20 years out in which the town could opt out of if they wished. Escrow accounts not necessary due to the length of time involved.
The BoH members agreed on the BoH policy listed above.
Cont. request for variance on required I/A Technology installation for: Eugene Dubis, 9 Valley Farm Road; Continued from December 14, 2009 meeting.
The BoH discussed what start date should be used for the three year connection orders. It was agreed that the start date should be May 1, 2010.
Ted Whittaker made the motion to grant relief to Mr. Dubis from the requirement that an I/A system be installed at the above noted address. The Boards decision is based upon the assumption that the initial phase of the Town of Chatham sewer extension will be available at this property within three (3) years. This approval is with the condition that Mr. Dubis hook up to town sewer by May 1, 2013. If Mr. Dubis fails to connect by this date he will be required to install an Innovative Alternative system with the restrictions as set forth by the Board on June 8, 2009; or he may return to the Board of Health for further review or to request an extension to connect to town sewer. Mr. Dubis is to submit to the Health Department a revised site plan showing the conventional septic design.
Allen Ward seconded. Unanimous.
Judy Giorgio is to write a letter to Eugene Dubis to this effect.
Outstanding sewer connection orders;
Judy Giorgio reviewed with the BoH five outstanding sewer connection orders.
The BoH advised Judy to contact three out of the five property owners to appear before the BoH on February 8, 2010 to discuss the outstanding orders.
Judy is to send follow-up letters to three property owners asking for their response and intentions to connect to town sewer.
Adjourned: 8:35 p.m.
Approved: February 8, 2010
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