1/22/2004 BOARD OF HEALTH Minutes

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i X nitrogen loading calculations for these lots. A little bit of background on this, this issue care up originally in 2000 or so. There was a lot of debate about the status of the open space here, which was currently owned by the town of Ma hpee. The original developer to the turn of Ma tepee deeded it in 1999, with the restriction on it that it be held for Conservation purposes. So the Conservation Commission held it. There was a lot of back and forth in 1999 and 2000 as to whether there was meed to put an additional formal restriction on the twenty-five acres that would prevent it's developments That whole process sort of bogged down he thought when there was a determination that that would have to go in front of town meeting because it would involve placing a restriction on what i now town owned unci. At the time Mr. Weinstein has continued to build out the subdivision basically under the transition rules for Title V, which allowed hire to do three bedrooms. 'Virtually everything but there has been done as a three-bedroom home, What brings them full circle on'this issue was the expiration of the transition period, which he believed expired at the end-of December. The board was much more familiar with those rules than he was. originally there was advice from Mr. McQuaid that as long as the perk test had been done these lots before December 31", the systems could be installed subsequent to that time and he knew that that polio appears to have been aligned with the DEP's interpretation. The board informed Mr. Weinstein and the other builders that they would have to come in at the enol of December with plans. Faced with that restriction, there were. ten lots left to be built on out their now out of the original thirty-five. They had been looking again-at the possibility of doing a nitrogen aggregation plan. Basically, he had been having a number of discussions with the DEP attorney and they have, at their suggestion, formally filed a plan, which Mr, Harrington has a cop] of seeking to utilize the twenty-five acres of open space as part of the calculations that have allowed Mr. Weinstein to build out the remaining ten lots... Mr. Ball asked if they were going to be three-bedrooms. Mr. McElhany responded that he would actually be.entitled to four- bedrooms under the calculations. There was a letter from 1999 in the file from the board of health approving those calculations. Essentially when they discussed this with the DEPT he thought they had an agreement now that there was no meed for a formal town meeting action to do this because of the fact that this Gleed from the original developer specified that that land, the twenty-fine acres had to be held for conservation and could not be built on. That in essence it fulfilled the DEP's requirements for a restriction on that and they would then entertain allowing there to aggregate these follows using that acreage, So they were there tonight basically asking the board for approval of the plan in recognizing that h did not expect anyone to wade into the legality of that restriction or not. 8