4/23/1980 CONSERVATION COMMISSION Minutes

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-9- Mr. Benway: I think that you should at least give the other party an option to explain what is on the ground as depicted in the engineering plan. I just think it is terrible. This guy wants to comply. He doesn't want to fight. He wants to do what you guys want him to do. Ken: I wasn't on the Board then. I£ I understand it correctly, the septic tank on the original plan was right next to the road next to the marsh. Mr. Hennigan: Actually, the septic tank itself was greater than 75 feet in all cases from mean high water on the marsh side. The leaching area posed some problem. There was some doubt as to whether there was 75 feet or 65 feet depending upon how high the tide was. We had from the Board of Health a letter stating that they approved the system as shown on the topography. We also had a letter from the Shellfish Warden stating that if the systems were installed according to Title V that there would be no threat to the environment or shellfish life. Now at that time I had requested to this Board to issue an Order of Conditions and in that if they wanted to state that the leaching area must be greater than 75 feet from mean high tide, we would install it that way. And that was all the was needed and that is all that is needed now. This is the reason we want to a- void these additional expenses. I -think this Board has the authority now to issue an Order of Conditions simply stating that no leaching areas should be less than 75 feet and should comply with Title V. And that is all that we ask the Board to do. Charles: The deep pit is out? Mr. Henniean: You will still have 4 feet, Charlie, from the lowest point because we need the fill. We asked for the fill. As a matter of fact, we already have approval from the Waterways Division based on the fact that they have seen these to put in a dock. They as- sumed that it would be approved. I have the paperwork right here. And the only thing we are asking for now is an Order of Conditions and this Board can do it within the law stat- ing just the way you want it that the septic, leaching area shall be greater than 75 feet from mean high water. Ken: There is probably a better location for the septic tanks and leaching area than where they are on the map. Mr. Henni an: Except for one thing -- on the lot on the left, we have very little loam. We haveto abide by Title V which says that the septic systems shall be greater than 10 feet rom the nearest lot line. That is the reason we set it there. Now we can set it back this ay. We will be 75 feet back from mean high tide. All we ask of you people is to issue an der of Conditions. We will comply with it. Ken: Can you give him an Order of Conditions on this, Pauline? Pauline: No, the rule from DEQE is we issue a denial. r. Henni an: Subsequent to the denial, you did have a hearing. auline: It wasn't considered a hearing. You came in. A public hearing has to be put in he paper. Ir. Hennigan: This was an extension request that we made of you and you allowed us to speak nd the minutes of the meeting were recorded. Now you have the authority as a commission to ay that it was a continuance. You do have that authority.