12/4/1997 BOARD OF HEALTH Minutes

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• accept this level of pollution because under these conditions the naturally occurring soil will provide certain amount of filtration." "That compacted soil is going to stop a NflNU'fES December 4, 1397 4 BOARD OF HEALTH certain amount of suspended solids and other pollutants from actually filtering its way down through with the liquid and getting back into the groundwater.' "If someone comes along and says I really don't have that naturally occurring permeable soil but I can create it, when you create it, it doesn't work the same way which is why we draw the line there." Ms. Stevens stated, "Why is the entire state of Massachusetts okay with that?" 1r. Doherty responded, "Because the geology in the entire state of Massachusetts is not homogenous." "Off Cape you begin to encounter ledge, etc., you start getting into different strata," "The Cape is mostly sand and we just sit on one big pond of water that we all draw and drink from." "Mashpee has taken a stricter stance than some of the 4 surrounding tons." "Our feeling is the other tons will fall into line eventually because we are all polluting the water,the only water Haat we have to drink." Ms. Stevens stated, "What it states in section 15.240 of the Massachusetts General Laws is "on-site subsurface sewage disposal systems shall be located in an area where there is at least a 4' depth of naturally occurring pervious soil below the entire area, the soil absorption area and reserve area, unless a variance is issued in accordance with the provisions. The 4' strata must be free from impervious material"." "I'm sure you didn't just misinterpret that." "That statement means that there can't be rock within 4'." Mr. Doherty relayed, "Title v is a baseline for all communities in the State." "The State has granted the authority to the town's to make more stringent wheire local conditions dictate it." IVIS. Stevens commented, "They also recommend Haat towns don't do that." Mr. Doherty stated, "We have clone it." "Unless you are really prepared to give us some sort of compelling evidence I will move on this issue and motion to deny the recluest.55 Ms. Stevens stated, "The only thing eve will do after you deny is to go to court and sue." "Where we have owned it for seventeen gears I think the court's will find it is grandfathered and your law is financially inJurious." Mr. Doherty stated, "You can appeal to the town for reimbursement of the taxes i it's declared unbuildabl ."