The meeting was opened at 7:00 p.m. by Vice-Chair Mary Ann Gray. Also present were members Edward Sheehan, Ted Whittaker, Allen Ward, Health Agent Judith Giorgio and Secretary Dianne Langlois. Member Ronald Broman was absent. The minutes of February 22, 2010 were approved. The correspondence was reviewed.
Action Items
Potassium Iodide: Distribution in progress.
Chatham Medical Reserve Corps; Public Health Emergency Plan.
Request approval of five bedrooms for: Hayden Griswold, Jr., 14 Homestead Lane, Streibert Assoc. representing;
Sam Streibert from Streibert Associates came before the BoH to discuss his clients request for approval of five bedrooms.
Mr. Streibert stated that the owners are requesting permission to add a bedroom to the basement of this property. They are also proposing other renovations and additions on the first floor.
Mr. Streibert stated that the applicant had been heard and approved by Zoning Board of Appeals on January 27, 2010 to expand a non-conforming single family dwelling with the enlargement of two existing bedrooms of the house and restoration of the code compliant 5th bedroom in the basement. With this approval work must begin within 2 yrs.
On January 27, 2010 a memo was sent from Judy Giorgio to ZBA and made part of the record. The memo stated that the project would require BoH approval. The owners have agreed, according to the memo to either upgrade to Title 5 or connect to town sewer when it becomes available.
Mr. Streibert gave a brief history of the property which begins when the Griswold’s purchased the property in 1975 as a five-bedroom dwelling.
Judy Giorgio has reviewed this property information and has noted her findings in her memo to the Board which follows:
This property has a complicated history of renovations. It appears that it was originally constructed as a (5) five bedroom dwelling, and a floor plan from the building department confirms this. However in a letter to the Board of Health dated November 14, 1992, the owner stated that renovations had occurred making it a (3) three bedroom dwelling. At some point the basement was finished to make a 4th bedroom plus a study. Judy has conducted and on site visit at the property and has determined that there are currently four-bedrooms at the dwelling.
The house is currently served by cesspools. Judy noted that an agreement with the Board could be made to install a Title 5 system and connect to town sewer when available. This property is located in the Mill Pond watershed and will be in the first phase of sewering due to the environmental impact of the septic systems in the area, although the exact time when the sewer will be available is unknown.
BoH reviewed the floor plans and noted that this an expansion from the existing 4 bedroom dwelling and would require the installation of a Title 5 septic system or I/A Technology if nitrogen loading requirements ould not be met.
Edward Sheehan made the motion that if Mr. Griswold wishes the four-bedrooms to remain it could until town sewer becomes available. If Mr. Griswold wishes to proceed with addition of the fifth bedroom he will need to have engineered site plans showing a Title 5 septic system which needs to be submitted to the Health Dept. for review and approval. Any proposed variances will require approval by the Board of Health and may require an innovative alternative septic system to be installed. If town sewer becomes available Mr. Griswold will be required to connect.
Ted Whittaker seconded. Unanimous.
Judy Giorgio is to write a letter to Mr. Griswold to this effect.
Cont. variance hearing and approval of I/A technology for: Dennis Linnane, 155 Mill Creek Road, Clark Engineering; Cont. from February 8, 2010 meeting.
David Clark from Clark Engineering came before the BoH to discuss the proposed variance request along with the use of I/A Technology. Revised plans had been submitted and distributed to BoH members for their review.
The applicant is proposing to reconstruct a three (3) bedroom dwelling at this property. The proposed plan shows a den that may be considered a 4th bedroom.
This lot contains approximately 8,412 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. This lot is located in the Taylors Pond watershed, an area designed 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 for remedial use. The engineer has redesigned the system using a Singulair I/A technology and a pressure distributed leach area that is reduced in size by 50% in accordance with DEP approval of this technology.
David Clark stated that with the 50% reduction variance in leaching area it will need to be approved by DEP.
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:
Variances:
1. Minimum setback distance of leaching area to coastal bank, 50 ft. required 27 ft. provided, a variance of 14 ft. is requested (Title 5;310 CMR 15.211)
2. Minimum setback distance of septic tank to coastal bank, 50 ft. required 27 ft. provided, a variance of 23 ft is requested, (Chatham Board of Health Minimum Standards for the Disposal of Sanitary Sewage, Section 4).
3. Minimum setback distance of leaching area to the coastal bank, 100 ft. required 36 ft. provided, a variance of 64 ft variance requested, (Chatham Board of Health Minimum Standards for the Disposal of Sanitary Sewage, Section 4).
*The Title 5 variance for reduction in setback of leaching area to top of coastal bank will require approval by DEP
The BoH is in receipt of a memo from Judith Giorgio recommending approval of this variance request with conditions.
Ted Whittaker 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 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, revised March 1, 2010, prepared by Clark Engineering and received by the Health Department on March 1, 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.
Edward Sheehan seconded the motion. Unanimous.
The Health Agent is to write a letter to the owner and engineer to this effect.
Cont. show cause hearing for: Norma Watson Family Trust, 43 Library Lane; Cont. from February 8, 2010 meeting. The Board had asked for copies of permit application to Water & Sewer Dept, details of connection
schedule and contractor’s name. Judy Giorgio sent a letter dated February 10, 2010 requesting that this information be submitted prior to the BoH scheduled meeting date.
Mark Watson was present and informed the BoH that he has completed the application to Barnstable County Community Septic Management program and will be applying to the Water & Sewer Dept. He explained his difficulty in obtaining three bids from contractors he had contacted several months ago. He will continue his efforts to obtain the bids.
Ted Whittaker stated that Mr. Watson has proceeded in good faith to connect to town sewer per their order. Ted Whittaker made the motion to grant an extension of six months to connect to town sewer. Work shall be completed by September 15, 2010. The BoH is requiring Mr. Watson provide copies of permit applications, plans, and details of the connection schedule, including contractor’s name when Mr. Watson has chosen one.
Allen Ward seconded. Unanimous.
Judy Giorgio is to write a letter to Mr. Watson to this effect.
Request for extension to connect to town sewer for: Janet Whittmore Trust, 727 Main Street; Cont. from February 8, 2010 meeting. At that meeting an extension was given until March 8, 2010 meeting in order for Mr. McFarland to discuss the connection order and to submit any documentation that he has applied to Barnstable County Community Septic Management program and to the Water & Sewer Dept.
Judy noted that he has not heard from Mr. McFarland and he is not present at this meeting to discuss his progress in connecting to town sewer.
BoH instructed Judy Giorgio to send Mr. McFarland a letter inquiring as to the status of the Board’s order to connect to town sewer. Mr. McFarland is to provide copies of the permit application, plans, details of the connection schedule, including the contractor’s name when chosen.
Judy is to write a letter to Mr. McFarland to this effect.
Cont. variance hearing and approval of I/A Technology for: John Kilroy, 26 Cranberry Lane, Eldredge Surveying; Cont. from February 8, 2010 meeting.
An on-site was conducted by Judy Giorgio on March 3rd. She has determined that this property is an existing three bedroom dwelling. The den on the first floor, although small, meets the definition of a bedroom and should be counted as such. Judy noted that unless the plan is to add a 4th bedroom to the 2nd floor there is no need to upgrade the existing septic system with a I/A component. The assessors have this listed as three bedrooms as well. Judy agrees with the engineer that he may withdraw the application for permission to add a third bedroom to this property.
The BoH is in receipt of a letter from Thad Eldredge requesting that this variance request be withdrawn as it has been determined that the dwelling on this property has three bedrooms which was confirmed by Judy Giorgio on March 3, 2010.
Edward Sheehan made the motion to accept the withdrawal request.
Allen Ward seconded. Unanimous.
Order to connect to town sewer for: Warren & Joann Sprague, 10 Henshaw Drive; Judy Giorgio stated that this property was missed in the initial round of connection orders and has recently been brought to Judy’s attention.
Massachusetts General Law, Chapter 83, section 11 gives the Board of Health the power to require connection to common sewer: “The board of health of a town may require the owner or occupant of any building upon lad abutting on a public way, in which there is a common sewer, to connect the same therewith by a sufficient drain, and such owner or occupant who fails to comply with such order shall be punished by a fine of not more than two hundred dollars. “
Section 2.7 of the Town of Chatham Board of Health Minimum Requirements for the Subsurface Disposal of Sanitary Sewage provides similar authority at the local level.
Judy is recommending that the Board should in accordance with the above laws order this property to connect to town sewer within 1 year of receipt of said order.
Edward Sheehan made the motion to order the connection to town sewer within one year from receipt of letter.
Ted Whittaker seconded. Unanimous.
Judy Giorgio is to write a letter to M/M Sprague to this effect.
Judy Giorgio distributed to the BoH the NStar Proposed Right of Way Vegetation Management outline for their review.
N Star plans are to utilize herbicides in maintaining vegetation along power line right of ways. N Star is proposing the use of herbicides along two electrical rights of ways that extend through portions of Chatham in 2010. The Town has no direct jurisdiction to regulate this activity as it is carried out under various State laws and regulations.
Robert Duncanson, Director of Health & Environment is recommending that the Board consider holding a public information meeting to provide NStar representative(s) an opportunity to present their plan and how it would be implemented in Chatham. This would also provide Chatham residents an opportunity to provide feedback on the proposed plan.
Mary Ann Gray stated that even though the town has no jurisdiction to regulate this activity the Board could write a letter stating that the Board of Health is not in favor of this proposal to spray herbicides in Chatham.
The BoH concurred that a meeting should be held to review proposal with NStar representatives.
Mary Ann Gray noted that it is important to notify public, departments and committees of the meeting and to advertise in the Cape Cod Chronicle.
It was decided that April 8, 2010 at 7:00 p.m., Community Center would be the meeting date and location if acceptable by all parties.
Judy Giorgio is to contact N Star, Community Center for availability.
Adjourned: 8:25 p.m.
Approved: April 12, 2010
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