5/2/1996 BOARD OF HEALTH Minutes

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a I MrNUTES May 2, 1996 3 BOA OF HEALTH APPOINTMENT - Carol Swartz is Lane Mr. David Sanicki, P.E. and Ms. Joan Muse, Realtor were attendance for this scheduled appointment. Mr. Sanicki stated, 1,4At last weeks meeting the Board reviewed the plan and denied the variances requested."' `'The house is currently vacant." "There is nothing in Title v that indicates the system design is predicated on a vacant facility or an occupied facrhty. "'It addresses corrective action for failed septic systems regardless of occupancy or not." "Your trying to do the best corrective system you can do in the guidelines presented." "'We have done that and have parameters to deal with here today which were not under consideration at the time construction was evolved." `The wetlands, as we know it under today's definition, weren't wetlands then."" `ewe have a leaching facility which is a pit system closer to the groundwater which has failed." "what this design does here, under the most feasible method, is lifts the system higher from the groundwater and corrects the failed leaching facility."' "'I am requesting the Board reconsider its vote." 64 my opinion, the Board made a decision on this repair not with reference to 404 or 405 but the fact that this particular dwelling wasn't occupied at the time." "In the interim the owner's can have this building occupied tomorrow without ming that system to justify anemergency." ',,,The building is not condemned.'It Mr. Doherty stated, "Right now, whether it's occupied or not wifl not change the Board'sp osition." "'The plan was submitted to us when the house was not occupied therefore ogre it's got an emergency, you don't get the additional leeway that emergency failure conditions would grant you." "we don't allow ' from the wetlands." "Mashpee regulations are 100' however, we have recently amended those regulations p down to 7 5' where the engineer has designed a denitrification system., "Due to the close "' root to the wetlands we also feel that ultraviolet disinfection ould he apprpriate. Mr. Sanicki questioned, "Is that in regards to new construction or with regard to y ; 404 and 405 for a most feasible compliance under the circumstances that exist? lir. oherty responded, "we don't feel that is most feasible, you could have done p more." Mr. Sanicki stated, `'The house is under a sales agreement." "The prospective owner has agreed, for the Board's consideration, not to increase the living space. Mr. Doherty commented "You could provide a greater degree of protection from the wetlands by installing a denitrification system.'