10/10/1991 BOARD OF HEALTH Minutes

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MINUTES October 10, 1991 2 BOARD OF HEALTH F. � Ms, en ey- informed the Board the applicant is request- ing two easements, one for placement of a sewer pipe under Hamblin Pond * Road to service a leach pit on lot loo which would service lot 32.,61 Secondly' a well easement on lot 93 ,, Monomoscoy Road, for thempurp ose of relocating the existing well on lot 9.9 (Brako) currently located in Hamblin Pond Road. $II I have reviewed the plan with Mashpeefs Town Coixnsel, who was of i the, opinion there- is precedent for the Board of Health to grant a variance in both instances however, the Spohrs must understand that if a variance for an easement ent is granted on lot 93 , which is currently vacant, the Bpohr would be, precluded from claiming a hardship at some future date if a variance from the Board of Health were necessary to obtain a building permit. " Nor•. Costa questioned Attorney Kenney as to whether Town Counsel has- submitted his opinion in writing. Attorney Kenney responded no, Town Counsel did recommend I draft a letter to Mr. Cauley outlining our conversation. Mr. Cauley presented a copy of the letter forwarded to him by Attorney Kenney and stated he cannot locate any State or local regulations that specifically state we are precluded from placement of a leaching facility on anotherlot.' Mr, Greelish relayed State regulations do not permit the placement of septic systems on ars abutting lot unless the lots are contiguous. Attorney Kenney ne commented an alternative to the easement is to abandon the road and combine lots 32 and 99. Ir. Greelish produced- the Board of Health regulation which states, "A private well can only be utilized to service those dwellings on a single lot or single bounded area ., Attorney Kenney stated, Town Counsel was of the opinion a single private well is not referenced ander Chapter 111., Section 31 but rather refers to community water systems. Mr, Greelish stated, in his opinion, Chapter 111, Sec- tion 31 does include private wells. Discussion took place regarding alternative locations to placement of the well and- leaching facility. Nor. Cauley stated groundwater elevation is 101 there- fore, would require flow diffusers.