The meeting was opened at 7:00 p.m. by Vice-Chair Mary Ann Gray. Also present were members Edward Sheehan, Mary Ann Gray, Ted Whittaker, Allen Ward, Health Agent Judith Giorgio and Secretary Dianne Langlois. Member Ronald Broman was absent. The minutes of January 4, 2010 and January 25, 2010 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: 101 Morris Island Road LLC, 101 Morris Island Road, Clark Engineering;
David Clark from Clark Engineering came before the BoH to discuss the proposed variance request. Also present: Peter Polhemis from Polhemis, Savery and DaSilva. Mr. Clark submitted to the BoH the abutters green receipt cards.
David Clark stated that Conservation Commission has reviewed this proposal and is scheduled with Zoning Board of Appeals for later in February.
The applicant is proposing to construct a five (5) bedroom dwelling at the property with a four (4) bedroom dwelling with a study to make 5. The upgrade of the septic system is required due to a failed Real Estate inspection.
This lot contains approximately 21,100 s.f. of lot area as defined by the Town of Chatham Nitrogen Loading regulations. The lot is not located within a mapped Zone II for a public water supply well. The los is located just outside the Stage Harbor watershed, but due to high groundwater and flood zones, it is an area designated for Phase I sewering.
The applicant is requesting the Board approve the use of Innovative/Alternative Technologies for remedial use. They are proposing to use a Singulair system with a Per Rite drip disposal system. David Clark reviewed the testing requirements and the type of system proposed. The BoH is in receipt of nitrogen loading calculations. In order to upgrade the system they are requesting the following variances to Title 5 and the Chatham Board of Health Minimum Standards for the Disposal of Sanitary Sewage:
1. 310 CMR 15.212; Vertical separation distance of the bottom of the stone underlying the SAS above the high ground water elevation, 5 ft. required, 4 ft. provided. A variance of 1 ft. is required.
2. Town of Chatham Subsurface Sewage Disposal of Sanitary Sewage Sec. 4.2; Distance from SAS to wetland resource area, 100 ft. required, 50 ft. and 90 ft. provided, a variance of 50 ft. and 10 ft. required.
Judy has stated in her memo that the proposal reduces the nitrogen load below what the load would be with a conventional five bedroom system and the proposed system is replacing a failed system in a high ground water area, she is recommending that the Board approve the variances and the use of I/A systems, for remedial use, as proposed 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 five (5) 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. Treatment unit inspections and effluent shall be completed quarterly, with laboratory analysis of the following parameters: pH, BOD5, and TSS and Total Nitrogen. The operator shall also, at each site visit and anytime there is an alarm event, conduct an inspection using the Company’s technology checklist of the system’s filter system, pumps, valves, etc., and inspect disposal area where the system is installed for signs of breakout or dampness and complete any required maintenance. A performance standard of 19 mg/l is required to be met for Total Nitrogen. After the required two years 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 December 11, 2009, prepared by Clark Engineering and received by the Health Department on January 11, 2010.
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.
Allen Ward seconded the motion. Unanimous.
The Health Agent is to write a letter to the owner and engineer to this effect.
Cont. variance hearing and approval of I/A Technology for: Dennis Linnane, 155 Mill Creek Road, Clark Engineering; Cont. from January 4, 2010 meeting. The Board of Health is in receipt of a memo from Conservation with their comments on the proposal.
Present: David Clark from Clark Engineering. Mr. Clark is requesting a continuance on this hearing until March 8, 2010. He stated that he may be re-designing the septic system with a pressure dose unit. Abutter wishes for the one large oak tree between properties to remain since it is the only buffer between properties.
Edward Sheehan made the motion to continue the variance hearing until March 8, 2010. Ted Whittaker seconded.
Request for extension to connect to town sewer for: Janet Whittemore Trustee, 727 Main Street; Eric Douglas McFarland representing Janet Whittemore came before the BoH to discuss the Board’s order to connect this property to town sewer.
The Board had ordered Ms. Whittemore to appear before the BoH to discuss her request for a further extension of time to connect to town sewer and to discuss her situation and the options that may be available.
Ms. Whittemore had been notified several times pertaining to this order. Ms. Whittemore had informed the Health Agent that she had contacted Ryder & Wilcox and plumbers on the cost which she had claimed financial hardship. She had further explained that she had applied for low interest loan but since her septic system had not failed she did not qualify for the loan.
Judy informed Mr. McFarland that she has confirmed that there is indeed monies available through Barnstable County Health Community Septic Management Loan Program at low interest rates that can be applied for and suggested he apply for as soon as possible.
Ted Whittaker stated that the BoH is mandated under the State Administrative Consent Order to comply by ordering such properties like this when town sewer goes by the property.
Edward Sheehan made the motion to continue this hearing until March 8, 2010 in which progress needs to started on complying with such order. Correspondence and copies of application need to be submitted to the Health Dept. before hearing date.
Ted Whittaker seconded. Unanimous.
Show cause hearing for: Kenneth & Laura Slade III, 163 Cross Street;
The Board had ordered the property owners to appear before the BoH since the previous letters sent have not been answered by them on their plans to connect to town sewer.
Mr. & Mrs. Kenneth Slade were unable to attend this hearing but have been into the Health Dept and has spoken with Robert Duncanson and Judy Giorgio on the delay in them connecting to town sewer. Laura Slade has submitted a letter of explanation which had been included in their review packages.
Apparently, the property owners had tried to qualify for a home equity loan in previous years but were not able to obtain due to the fact that Mr. Slade was unemployed in 2007. The financial institution needed two years of employment data in order to consider a loan. They are now in the processing of applying for a home equity loan and have been approved by Barnstable County Community Septic Management Program. The Slades have informed the Health Department that they will be contacting the Water & Sewer Dept. for their application. Once application is approved they will be obtaining quotes from contractors. They hope to have the funds by March or April and should be able to comply with the BoH order at that time.
The BoH was happy with the progress made with this connection order but want the communication and updates to continue.
Ted Whittaker made the motion to continue for six months to connect to town sewer.
Edward Sheehan seconded. Unanimous.
Judy Giorgio is to write a letter to the property owners to this effect.
Show cause hearing for: Norma Watson Family Trust, 43 Library Lane;
No show.
The Board had ordered the property owners to appear before the BoH since the previous letters sent have not been answered by them on their plans to connect to town sewer.
Mark Watson had contacted Judy Giorgio and informed her that he has plans completed and has put them out to bid.
The BoH feels that he should submit copies of the permit application to the Water & Sewer Dept. and details of the connection schedule, including the contractors name.
Ted Whittaker made the motion to continue hearing until March 8, 2010. Judy is to write a letter to the property owners and request the submission of information requested by the BoH.
Allen Ward seconded. Unanimous.
Definitive subdivision plan review for: Carter Realty Trust, 30 Tisquantum Road, Clark Engineering; David Clark from Clark Engineering came before the BoH to discuss the proposed definitive subdivision plan.
The BoH is in receipt of a memo from Judy Giorgio stating her comments and recommendation for approval.
The applicant proposes to subdivide the existing lots. Lots 187 & 185 will be combined and the two additional parcels will be unbuildable lots. The total land area is 12,430 acres. The Zoning is R40. There is an existing house on the property at 30 Tisquantum Road. The property has an old system built in 1973 consisting of septic tank (s) and pits. There are no plans on file at the health department. The parent materials in the area are generally sandy/loam silt loam underlain by sand and would be suitable for subsurface sewage disposal.
The Boards Nitrogen Loading Regulations pertaining to this division of land states:
A division of land, involving existing dwelling units, resulting in the creation of parcels which are not in compliance with Section 5.1 of this regulation shall cause each parcel to install an on-site subsurface sewage disposal system that provides nitrogen removal technology. Each parcel affected by this section shall be allowed one additional bedroom upon approval by the Board of Health.
In accordance with this regulation the newly created lot would be allowed a four (4) bedroom dwelling with a conventional septic system. The existing house can have up to five (5) bedrooms before I/A Technology is required. Two of the lots are unbuildable.
Ed Sheehan made the motion to approve this definitive subdivision for the disposal of sanitary sewage and drainage.
Ted Whittaker seconded. Unanimous. Judy Giorgio is to write a letter to the Planning Board and Clark Engineering to this effect.
Variance hearing and approval of I/A Technology for: John Kilroy, 26 Cranberry Lane, Eldredge Surveying; Thad Eldredge from Eldredge Surveying came before the BoH to discuss the proposed variance hearing and use of I/A Technology. He presented to the BoH the abutters green receipt cards.
The applicant is proposing to add a third bedroom to the two (2) bedroom dwelling at the property.
This lot contains approximately 10,656 s.f.of lot area as defined by the Town of Chatham Nitrogen regulations. This lot is not located within a mapped Zone II for a public water supply well.
The applicant is requesting the Board approve the use of Innovative/Alternative Technology at the property in order to renovate and add the third bedroom in accordance with the Chatham Nitrogen Loading Regulations. They are proposing to use a MicroFAST system. The engineer has provided nitrogen loading calculations for your review.
The existing leaching area is to remain. A variance was granted by the Board of Health in 1995 for a reduced set back to the vernal pool, as shown on the plan.
The floor plans were reviewed and discussed. The BoH and Agent noted that the floor plans were confusing to figure out what exist and what is actually proposed. Need to clarify floor plans. Thad Eldredge stated that however the floor plan configuration it will be three bedrooms. He suggested the BoH approve as three bedrooms and Health Agent could review floor plans to confirm three bedrooms.
The BoH wishes to review accurate floor plans consisting of existing and proposed at next BoH public meeting.
The BoH is in receipt of a memo from Judy Giorgio stating that the since the proposal reduces the Nitrogen load below what the load would be with a conventional two bedroom system, and since the system is located in close proximately to a water resource area, she is recommending that the Board approve the variance to add the third bedroom and approve the use of I/A system with conditions.
Ted Whittaker made the motion to continue the variance hearing until March 8, 2010.
Allen Ward seconded. Unanimous.
Adjourned: 9:00 p.m.
Approved: February 22, 2010
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