The meeting was opened at 7:00 p.m. by Chairman Ronald Broman. Also present were members Edward Sheehan, Mary Ann Gray, Ted Whittaker, Allen Ward, Health Agent Judith Giorgio and Secretary Dianne Langlois. The minutes of March 8, 2010 were approved. The correspondence was reviewed.
Action Items
Potassium Iodide: Distribution in progress.
Chatham Medical Reserve Corps; Public Health Emergency Plan.
Variance hearing for: Joan D. Schraer, 49 Sea Mist Lane, Eagle Surveying:
Steve Haas from Eagle Surveying came before the BoH to discuss the proposed variance request. He submitted to the BoH the abutters green receipt cards.
The applicants are proposing to replace the collapsed cesspool for the existing three bedroom dwelling unit with a Title 5 septic system. This will require the following amended variance from the Town of Chatham Minimum Requirements for the Subsurface Disposal of Sanitary Sewage: Section 3; and Title 5; 15.211.
1. The SAS is proposed to be 14 ft. from the foundation wall where 20 ft. is required; a variance of 6 ft. is requested.
Steve Haas informed the BoH that there are two dwellings on the one lot. #37 Sea Mist Lane has a Title 5 consisting of a septic tank and three leach pits. Only #49 Sea Mist Lane septic is being replaced.
Edward Sheehan questioned the existing number of bedrooms for #37 Sea Mist Lane along with the location of the existing water lines. It appears that the water line connects to both dwellings.
Steve Haas stated that the Town’s assessor’s field card indicates a three-bedroom dwelling for #37. The BoH is requesting that the engineer confirm the actual number of bedrooms for #37.
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 with the following conditions:
1. The applicants shall restrict this property to a maximum of six (6) bedrooms and record this restriction at the Barnstable County Registry of Deeds. A floor plan of the main dwelling on the lot must be submitted to the Health Department to confirm the total number of bedrooms at the property. Should there be more or less than 3 bedrooms in the main dwelling the deed restriction shall reflect the total number of bedrooms existing at the property at the time of this variance. The applicants shall submit a copy of the executed deed restriction to the Health Department.
2. 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.
3. 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.
4. No alteration to the floor plan of the property shall be allowed without further review by the Board of Health or its Agent.
5. This approval is based upon the site plan dated February 1, 2010, prepared by Eagle Surveying received by the Health Department on March 25, 2010.
6. 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: Estate of Frachesca Stone, 28 Nob Hill Road, Clark Engineering;
David Clark from Clark Engineering came before the BoH to discuss the proposed variance request. He presented to the BoH the abutters green receipt cards.
The applicant is proposing to upgrade the existing system with an I/A system. The upgrade of the septic system is required due to a failed REI inspection.
This lot contains approximately 11,220 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 location in the Oyster Pone watershed and is 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 Perc Rite drip disposal system. The engineer has provided nitrogen loading calculations for your review. 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 SAS above the high ground water elevation, 5 ft. required, 4 ft. provided. A variance of 1 ft. is required.
2. 310 CMR 15.2.11; Distance of SAS to wetland, 50 ft. required, 47 ft. provided. A variance of 3 ft. is required.
3. Town of Chatham Subsurface Sewage Disposal of Sanitary Sewage Sec. 4.2; Distance from SAS to wetland resource area, 100 ft. required, 47 ft. provided. A variance of 53 ft. is required.
4. 310 CMR 15.2.11; Setback from SAS to property line, 10 ft. required, 4 ft. provided. A variance of 6 ft. is required.
David Clark has been checking groundwater levels for past two months with the groundwater monitoring well and it had not risen. System will be adjusted to 7/10’ to match March groundwater results.
David Clark stated that the proposed buyers wish to reduce the number of bedrooms from four bedrooms to three bedrooms. Final floor plans are to be submitted indicating the three bedrooms. Nitrogen loading calculations were reviewed.
Abutters Philip and Alice Doyle representing their daughter’s house came before the BoH to discuss their concerns. They are concerned with the location of the leach field to the property line on driveway. Also the history of dwelling at 28 Nob Hill Road has been water in the back of the house and basement. Mr. Doyle stated that they have hired Ryder & Wilcox, Inc. to confirm property lines which is to take place shortly.
The BoH concurred that this hearing should be continued until above information is done.
Ted Whittaker made the motion to continue the variance hearing until April 26, 2010 meeting. Mary Ann Gray seconded. Unanimous.
Preliminary subdivision plan review for: Minot Acres, LLC, 1107 Main Street, Eldredge Surveying;
Thad Eldredge from Eldredge Surveying came before the BoH to discuss the proposed preliminary subdivision plan.
The applicant proposes to subdivide the existing property into three lots. The total land area is 3.69 acres. The total upland lot area is 132,801 s.f. Zoning for Lot 2 is SB and Lots 3 & 4 is R20. There is an existing house on Lot 4. This property was originally part of a previously approved 8 lot subdivision. The larger portion of that land area is under a proposal for land bank purchase. This also includes Lot 2 of this proposed subdivision. Lot 3 and 4 would remain as building lots.
Soil testing has been conducted on the site and the parent materials in the area are generally sandy/loam silt loam underlain by fine sand and would be suitable for subsurface sewage disposal. More testing would be required prior to construction.
Technically this subdivision is required to install a shared septic system with innovative alternative nitrogen removing technology in accordance with the Town of Chatham Nitrogen Loading Regulation, Section 4.1. c.i. However, since Lot 2 will be conservation land and never to be built upon the other 2 lots could be approved without the need for I/A systems.
This parcel is located in the Oyster Pond watershed, which will most likely be sewered as part of phase one of the Comprehensive Wastewater Management plan. Judy is recommending that dry sewer be laid, in conformance with the Town of Chatham Water & Sewer Regulations, for future connections to the town sewer system.
Judy Giorgio is recommending that the BoH approve this preliminary subdivision plan for the disposal of sanitary sewage and drainage, with the addition of dry sewer, designed in accordance with the requirements of the Water & Sewer Department, for future connection to Town Sewer when it becomes available.
Edward Sheehan made the motion to approve the preliminary subdivision plan. Allen Ward seconded. Unanimous.
The Health Agent is to write a letter to Eldredge Surveying and Planning Board to this effect.
Revised State Beach Regulations;
The BoH is in receipt of a copy of the Minimum Standards For Bathing Beaches (State Sanitary Code, Chapter VII) regulation.
Judy distributed to the BoH an Appendix B: Highlights of Revised Beach Regulations for their review. The BoH and Health Agent reviewed and discussed the upcoming requirement for permitting and signage for Semi-Public and Public Beaches. Judy stated that her and Robert Duncanson have been discussing how to proceed with this requirement and fees to be implemented.
NSTAR ROW informational meeting is scheduled for April 15, 2010, Town Hall Meeting room at 7:00 pm.
Adjourned: 8:45 p.m.
Approved: April 27, 2010
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