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MINUTES May 11, 2000 3 BOARD OF HEALTH Mr. Doherty motioned to rescind the fine against Five-Star Enterprises for illegal dumping. Mr. Santos seconded the motion. Motion passed. APPOINTMENT: William Henchy. Esquire re: 133 Tide Run Mr. Henchy was not in attendance for this scheduled appointment Mr. McQuaid stated that Mr. Henchy's office was requesting a full hearing on the variances that were granted previously for 133 Tide Run. He further stated that "if you follow Title V to the word a sideline setback variance doesn't need DEP concurrence because it's not significant. But, according to Title V, it does need a full hearing. The Board has made it their policy where if the sideline variance is actually to the side to another privately owned abutting property, we've held a full hearing. But if the sideline variance is to the street, public or private, or to open space you've granted that variance without a full hearing." Mr. Doherty stated that additionally this sideline is a private road so the applicant owns to the centerline of the road thereby increasing the actual sideline. Mr. McQuaid continued, "Title V says that if the percolation rate is 2 minutes per inch or less you need 5 ft. separation. If it's less than 5 inches instead of 2, you need four feet and in this case the percolation rate was 3.something." Mr. Doherty stated, "I don't see just cause." Mr. Ball stated, "Personally, I want to stand by the decision we made." Mr. Doherty stated, "He's got adjusted bottom of the facility to adjusted groundwater elevation of 1.8 even though it was observed at .8 which gives him 4.1. But just roughly it looks like he could probably bump that flow diffuser up a bit. If they could raise the system and that would satisfy that requirement. He can get the five feet. I still don't have an issue with the sideline. The sideline was granted as we've granted hundreds before it. Again, I'll stress that because it's a private road, the owner owns to the center line of the street and therefore they've got more room than we are even taking into account." Mr. Doherty motioned to instruct the engineer to adjust the system to allow 5 feet of separation from the bottom of the leaching facility to the adjusted groundwater in compliance with 310 CMR 15.104. Mr. Santos seconded the motion. Motion passed. APPOINTMENT• Michael McGrath re: 30 Popponesset Island Road Mr. Tim Santos of Holmes & McGrath was in attendance for this scheduled appointment. (Tim Santos is no relation to Board member L. Glenn Santos) Mr. Tim Santos stated that he is representing Robert Kraft who is looking to build an 8 bedroom home on a 57,500 square foot lot that is not in the Zone II area. The system being designed is a Ruck system. The lot was perced on May 11, 2000 and no groundwater was found.