The meeting was opened at 7:00 p.m. by Chairman Edward Sheehan. Also present were members Mary Ann Gray, Ted Whittaker, Allen Ward and Health Agent Judith Giorgio. Member Ronald Broman was absent. Allen Ward made the motion to approve as amended the minutes of November 7, 2011. Ted Whittaker seconded. Unanimous. Mary Ann Gray made the motion to approve the minutes of November 21, 2011. Ted Whittaker seconded. Unanimous. The correspondence was reviewed.
Action Items
Potassium Iodide: Distribution in progress.
Chatham Medical Reserve Corps; Public Health Emergency Plan.
Variance hearing from Real Estate Insp. Regulations for: David Weinstein, 77 Sears Point Road, Atty. William Riley representing;
James Norcross in place of Attorney Riley came before the BoH to discuss his clients request for a waiver from the Board of Health requirement that a new septic system be installed within 90 days of the date of transfer. According to Mr. Norcross the owner and his family will be using the house on a very occasional basis through the fall and into the early spring. It is anticipated that the construction of a new home will start in the spring. Until a new home is designed, the Weinstein’s believe it is impractical to install a new septic system.
In accordance with the Board of Health Real Estate Transfer Regulations: The repair or replacement of a system must be completed within 90 days of the transfer of property. A lesser time may be designated should the Local Approving Authority determine that the system constitutes a danger to the public health. More time may be given upon written request by the owners of the property and upon approval by the Board of Health, at a legally noticed hearing, as outlined in a letter of notification to the owner.
The Board of Health is in receipt of a memo dated November 28, 2011 from Health Agent Judy Giorgio stating her comments and recommendations.
Ted Whittaker made the motion to grant the waiver extension until June 2012. At that time plans should be submitted to the Health Department for review. Construction of the new system shall be completed prior to occupancy of the new dwelling.
Allen Ward seconded. Unanimous.
Judy Giorgio is to write a letter to the attorney to this effect.
Variance hearing and approval of I/A Technology for: John, William & Gregory Horne, 9 Windmill Lane, J.M. O’Reilly & Associates:
Keith Fernandez from J.M. O’Reilly & Associates came before the BoH to discuss the proposed variance request and use of I/A Technology. 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 and transfer.
Mr. Fernandez stated that there are existing cesspools on the property and according to the Board of Health regulations are deemed failed upon sale of the property and require upgrade to current regulations. The property was used as a summer rental by the previous owners. Mr. Fernandez stated that the proposed buyers may wish to use the house next summer before construction begins. Judy Giorgio and BoH stated that the property should not be rented out for summer months.
The buyers of the property are requesting a variance from the REI requirements that the system be installed within 90 days from property transfer, they plan on re-building the dwelling. Mr. Fernandez stated that there is a Purchase and Sales agreement in process pending approval of this system. A time frame for the reconstruction of the dwelling has not been confirmed but the proposed buyers are requesting an extension of 180 days from date of purchase of the property to allow time for the house plans to be designed. Mr. Fernandez stated he will advise when the date of purchase has occurred so extension can be granted if acceptable.
The applicant is requesting the Board approve the use of Innovative/Alternative Technologies for remedial use. They are proposing to use a MicroFAST 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 variance to Title 5 and the Chatham Board of Health Minimum Standards for the Disposal of Sanitary Sewage:
310 CMR 15.212; Vertical separation distance of the bottom of the SAS above the high ground water elevation, 5 ft. required, 3 ft. provided. A variance of 2 ft. is required.
This lot contains approximately 11,350 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 Little Beach area and is designed for phase I sewering.
The BoH is in receipt of a memo from Judy Giorgio dated November 28, 2011 stating her comments and recommendations. The proposal reduces the nitrogen load below what the load would be with a conventional system and the proposed system is replacing a cesspool 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 noted.
Ted Whittaker made the motion to approve the variance request with the use of I/A Technology with the following conditions:
- Plans must be submitted for construction of the new dwelling by June 1, 2012. The dwelling may not be occupied until such time as a Certificate of Compliance and Certificate of Occupancy is issued on the new dwelling.
- The applicants should restrict this property to a maximum of three (3) bedrooms, and record this restriction on the deed at the Barnstable County Registry of Deeds. The applicants shall submit a copy of the executed deed restriction to the Board.
- 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 systems.
- Effluent from the system shall be monitored at least once per calendar quarter. Treatment unit inspections and effluent testing 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.
- The applicant shall sign a covenant with the Board agreeing to comply at such time as the Town of Chatham, through its Board of Health and/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.
- The engineer shall submit an engineered as-built plan, including as built elevations, with a written certification that the system has been installed in accordance with the approved plan.
- New site plans and floor plans, showing proposed layout of any proposed new dwelling, must be submitted to the Health Department for approval by the Board of Health or its Agent.
- This variance granted pursuant to the State Environmental Code, Title 5, and the Town of Chatham Subsurface 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 curing that one year period or the variance shall expire.
In addition, the Board granted a variance from Real Estate Inspection regulations allowing new owners 180 days from date of transfer to construct a new system or to seek more time from the Board of Health. Final site plans and floor plans must be reviewed and approved by the Board of its Agent.
Allen Ward seconded the motion. Unanimous. The Health agent is to write a letter to the engineer to this effect.
Variance hearing and approval of I/A Technology for: Ann Ellis Trustee of Harry Ellis Family Trust, 107 School Street J.M. O’Reilly & Assoc;
John O’Reilly from J.M. O’Reilly & Associates came before the BoH to discuss the proposed variance request and use of I/A Technology. He presented to the BoH the abutters green receipt cards.
The applicant is proposing to demolish the existing three bedroom dwelling and build a new four bedroom dwelling. The floor plan is included in the BoH packet. The existing dwelling was approved for a new system in 2009 with variances, and a three bedroom deed restriction was placed upon the property at that time; however the system was never constructed.
This lot contains approximately 10,798 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 applicant is requesting the Board approve the use of Innovative/Alternative Technology at the property in order to build the four bedroom dwelling. They are proposing to use a MicroFAST system. The engineer has provided nitrogen loading calculations for review.
Abutter, Nancy Koerner addressed the Board with her concerns related to the existing number of bedrooms. Mrs. Koerner questioned the number of actual bedrooms that exist in the dwelling. She stated that it is a two bedroom dwelling with the upstairs open alcove area which does not meet the definition of a bedroom.
Mr. O’Reilly informed the Board that he has not had the opportunity to visit the inside of the dwelling. Judy Giorgio stated that the assessor’s records indicate a three bedroom dwelling. Judy stated that the BoH had approved a new Title 5 septic system with variances on March 9, 2009 for three bedrooms as shown on the site plan but the permit had expired and was never installed.
Floor plans were further reviewed and discussed. The BoH and Health Agent agreed that the actual number of existing bedrooms needs to be determined.
Abutter, Eric Wilsterman stated his concern with drainage in that area on the street and questioned if it would affect the septic system in the driveway. John O’Reilly briefly explained the design and location of system. Edward Sheehan suggested Mr. Wilsterman contact DPW regarding the storm drain issue.
Abutter, Joe Nickerson asked if H40 or H20 components are being used. John O’Reilly stated that H20 is being used just as it is used on highways and pavement areas. Mr. Nickerson questioned location of vent pipe. John O’Reilly vent pipe to be determined.
The BoH is in receipt of a memo from Judy Giorgio dated November 28, 2011 stating her comments and recommendations.
The BoH noted that they agree with the proposed septic system design but that the existing number of bedrooms needs to be determined by Health Agent. Variance hearing will have to be continued until on-site is performed.
Ted Whittaker made the motion to continue the variance hearing until January 9, 2012 pending determination of existing bedrooms by Health Agent.
Allen Ward seconded. Unanimous.
Adjourned: 8:40 p.m.
Approved: December 19, 2011
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