3/2/2017 BOARD OF HEALTH Minutes

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Glen Harrington commented that the order letter stated to contact an agent of the Board of Health when the repairs were corrected so that they could be documented. Brian Baumgaertel made a motion that the Board of Health continue the Sanitary code Violation at 70 cape Drive, Building 4, Unit B, pending an inspection by the Health Agent. Kalllope Egloff seconded the motion. The motion was unanimously approved. 7:26 PM —septic inspection Regulation Variance Request: 69 Thornberry circle. Glen Harrington stated that the result of a Title V inspection for the purpose of a property transfer at 69 Thornberry circle indicated the septic tank to be 5' below grade and the result was a `conditional Pass". The septic tank is an H-10 1500-gallon septic tank that was installed in 1997. There have been three passing septic inspections of the system: 2001, 2005, and 2012. The requirement to replace H-1 o septic tanks over four feet below grade became effective in the Board of Health Septic Inspection Regulation in 2013. For new construction septic tanks can only be within 3 feet of grade. Four feet was,chosen by the Board as concrete companies will not warranty tanks buried greater than four feet. The one option for allowing the tank to remain in service is to reduce the amount of fill over the top of the tank. The grading would have to be adf usted making it consistent so no water ponds or collects over the.top of the tank. The Board has to consider two things when a variance is requested: manifest injustice and equal environmental protection. Manifest injustice has to do with a hardship. Is there a hardship if the Board requires the tank replacement. Equal environmental protection has to do with the options that may still protect the environment that do not require the replacement of the tank. The same must be shown for the protection of public health. The concern is that in times of wet conditions or wet spring, the weight of soil and the weight of the water over the tanks cause the tanks to collapse. There have been three-instances of this scenario where the contents of the tank get pushed back into the dwelling causing a public health hazard. The three tanks that collapsed were less than 10 gears old and failed because of the weight. Jessica Bummer, attorney with Dunning, K.irrane, McNichols, and Garner, representing 69 Thornberry circle, introduced herself to the Board. Attorney Summer stated that they are seeking a variance for the specific provision Bart IX Section 17D.6. One option is to remove one foot of soil and re-grade. The location and topography make it difficult to re-grade because of a sloping hill near the driveway. Attorney Summer provided photographs of the property and argued hardship in this situation. The system is in working order and passed inspection with the exception of the septic tank being 5 feet below grade. The closing is scheduled at the end of the month. The Board and Glen Harrington discussed the variance. This is only.a single component that needs to be replaced. This is strictly depth and nothing to do with age. Also, this is not an access issue. There are no structures or expensive landscaping over the tank. Brian Baumgaertel made a motion that the Board of Health deny the variance request for 69 Thornberry Circle.. alliope Egloff seconded the motion. The motion was unanimously approved. Brian Baumgaertel amended the motion that the Board of Health include the reasons for denial for 69 Thornberry circle: manifest injustice does not seem to be present in this particular case and the Board Would like to maintain equal environmental protection. The multiple options to mitigate this without a variance are r reasonable. Kalliope Egloff seconded the motion. The motion was unanimously approved. NEW BUSINESS 1. sign Expense Warrants. None. 2. Review/Approve Boli Public session Minutes: February 16, 2017. 2