Select Board Minutes
All Boards Meeting
8/15/05
The Monterey Board of Health along with the Monterey Sanitarian presented the tools they use regarding Title 5 and review of plans for septic upgrades.
When a plan comes in for a simple upgrade of someone’s system that has failed (there is no addition or increase in flows), that’s a fairly simple process. The engineer is required to submit a plan that meets maximum feasible compliance. The Board can look at it and approve it if it meets the maximum feasible compliance.
When a homeowner wants to change a footprint, add a room or change the flows for increase in square footage, the Board then has to follow the procedures set forth in Title 5 to approve that system. There are 2 major components to this:
1. (See 2 - sided page passed out at meeting regarding a definition for a bedroom) An existing and proposed floor plan will need to be submitted to the Board if a change in the footprint is to be made. No matter what the room is being called, “a sewing room”, “music room”, etc. If it meets the definition of a bedroom, that’s what the Board of Health has to go by in making their decision.
2. The Board of Health is limited if the applicant is applying for a variance to separate ground water.
The ones that have been most difficult to date are the lakefront properties, where it’s an existing house and they want to upgrade the septic system or put an addition on.
If the Board of Health finds that a plan meets Title 5 requirements and approves the plan that does not supercede any authority in the town that they must now approve it. For example, the ZBA can disapprove it if doesn’t meet the zoning by-laws.
Monterey, more than any other town, by requiring the use of innovative technologies that require a pre-treatment (which really isn’t innovative) is already far above any other communities in protecting the water resources in the community.
Septic Maintenance Plans/Districts were discussed and how other towns are requiring them and why. If the town headed in this direction, it was suggested that a lot of pre-education be set up for the townspeople first. A map that has septic locations for all of Monterey was also discussed. Stan Ross of the Board of Assessors informed everyone that the new maps from the assessor’s office will contain a lot more information than they currently do.
Regarding retaining walls: the Board of Health’s decision does not supercede the decision of any other board or the Building Inspector. A discussion with the Building Inspector regarding this matter will be planned. The Board of Health does not have the authority to deny a permit because of a structure in a setback (a retaining wall), it is a zoning issue. Several suggestions were made to find a way to include the Building Inspector on any plans the Board of Health gets that include a retaining wall. The Planning Board was asked to define a “wall” for the by-laws.
The future and the need for a waste treatment plant were briefly discussed.
The Board of Health is currently reviewing the current well regulations and the possibility of updating them.
A Board of Health denial can only be appealed in court.
The setback requirements for the Board of Health and the Zoning Board are different.
Accessory Dwelling units and Board of Health requirements were discussed. The Board of Health still makes their decisions based on Title 5’s definition of a bedroom.
Future meetings will be once a month and will be a chance for all boards to meet.
Submitted by Melissa Noe
Town Administrative Assistant, from a tape recording of the meeting
| 
