The Health agent presented the case as it came to the Health department, with the designer asking BoH approval on 11-8-93 conditioned approval of variances with "no increase in square footage of living space".
Brady noted that DEP no longer conditions variance approval with limits to increasing square footage , but does limit increases in septic flow. He added that the location on Lt. Island places the septic system downstream from the well. The BoH discussed that BOH and DEP conditions are existing conditions, deed-recorded, and felt that the first appeal should go to the DEP. Brady stated that he has appealed to the local board for other such projects with the DEP allowing square footage to be increased if use does not.
Peter Coneen offered a proposal for alternative treatment to be added to the septic system; it was determined that this would require a new filing. The building proposal would also need to go before the Zoning Board for a special permit.
All variances on the original plan as well as sample results of water testing were requested by the Board for review
The Board will need to look at the condition to determine what is meant by living space.
Minutes of August 13 and September 10, 2003.
Lezli Rowell moved and Ken Granlund seconded approval of the minutes of 8-13-03; the motion carried, 4-0. Lezli Rowell moved and Richard Willecke seconded approval with amendment of the minutes of 9-10-03; the motion carried, 4-0.
Variance Request: Downs, 15 Briar Lane, Assessors' Map #14, Parcel #27. David Lajoie of Felco Engineering presented this continued application (see minutes of 8-13, 8-27), noting that this septic system upgrade to an office building, incorporating the use of alternative treatment (FAST system), requests five variances and proposes no increase to building size. Discussion included the Health Agent's comment that she felt it prudent to warn the applicant of a potential regulatory issue with the variance to the public water supply at the Flying Fish. Lezli Rowell noted the following findings:
The leach area replaces the failed pits in the same area maintaining the existing setback to PWS #4318030.
Septic serving PWS property is less than the required 131' setback and less than the provided 121' setback by the applicant.
Lezli Rowell moved and Anne White seconded that the Board approve Felco Engineering Plan #02033, as revised 9-8-03, and to grant five variances requested on the revised plan of 9-8-03 for the upgrade of the septic system on the property, subject to the following conditions:
No increase in design flow
The use of nitrogen reducing technology
The above two restrictions to be recorded against the deed for the property at the Registry in Barnstable
Use approval and monitoring per DEP.
The motion carried, 4-0.
Request for Nitrogen Credit: Hatch, 105 Highmeadow Road, Assessors' Map #12, Parcel #135. Chair Rowell read the Ryder and Wilcox Engineering cover letter of 9-18-03 into the record. Engineer Stephanie Sequin presented the proposal requesting approval of alternative treatment (Bioclere) in conjunction with a Title system in order to construct a 6-bedroom dwelling on the above-cited property under DEP provisional use approval. No variances were requested. There was brief discussion of the floor plan, the conclusion that a screened porch does not meet the definition of a bedroom and the treatment selected.
Lezli Rowell moved that the Board approve Ryder & Wilcox Plan #7576, dated 9-18-03, for use of alternate technology to obtain nitrogen credit for a six-bedroom, 660 gallon per day septic system under provisional use operation and maintenance per DEP. Ken Granlund seconded; the motion carried, 4-0.
After further discussion of nitrogen credit applications, Ken Granlund moved and Chair Rowell seconded that in future nitrogen credit applications can be approved by the Health Agent, provided there are no variances. A copy of nitrogen credit approval letters shall be sent to the BoH. The motion carried, 4-0.
Old Business
Standard Condition Sets. Lezli Rowell distributed examples of standard conditions, for the BoH to discuss at a future meeting. Discussion on developing standard conditions included the need for consistency and the possibility of a workshop for writing conditions. Richard Willecke had checked on other BOH practices and distributed a series of standardized sets of conditions from the town of Dennis for the Board's study. The Health Agent suggested that a workshop could be held at the November 12 meeting.
Correspondence. The Board reviewed the following:
Order to Correct Violations dated 9-10-03. (Housing code)
Flu vaccine, West Nile Virus
Agent's Monthly Report:
Cacchiotti case (letter of 9-25 to DEP)
Proposed Scope of Work for Barnstable County Wastewater Grant Program--Town of Wellfleet--document done pro bono by Paul Gabriel.
Letters re: Brownies' Condos from DEP (9-8-03), Notification of Compliance-Approval of PWS water wells #1 & #2.
Massachusetts Association of Health Boards) offers training workshops on 10-25, 11-1, and 12-6; members may apply through the Health Agent.
Ken Granlund moved and Richard Willecke seconded adjournment; the meeting closed at 9:25 p.m.
Respectfully submitted,
_______________________________
Frances J. Castillo, Committee Secretary
