4/30/2020 BOARD OF HEALTH Minutes

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installation. That is exactly what they did, which is when the silty clay material was discovered in both the primary and reserve areas. Minor adjustments were made to the primary area,including removal and replacement of material, and that is now installed and completed. In terms of the reserve area, the owner would like to minimize the cost of any removal and replacement, and minimize the cost of installing the system, due to these unforeseen circumstances with the soil conditions. It is creating a financial hardship for the owner,to the point that he is willing to take a certain amount of risk by not having the reserve area in place. The property owner, Jan Aggerbeck, introduced himself for the record and stated that he was requesting this variance due to the financial hardship caused by the soil conditions at the property, and exacerbated by the COVID 19 closures. He stated that Cape Cod Coffee was operating at 10%of normal revenue due to the pandemic. He expressed his appreciation forthe cooperation and support he has received from Board of Health staff,and thanked Board members for their consideration of his request for relief. Ms. Warden advised Mr. Aggerbeck that it is unlikely he would get 30 years out of the primary system, and warned he would regret not putting the reserve area in prior to opening the restaurant. Mr.Aggerbeck explained that the money earmarked for the reserve area had already been expended on the strip out of the primary area, and ensuring that met Title V. Ms. Warden expressed her opinion that there should be a condition on the variance that the reserve area would be constructed within a certain amount of time. Chair Baumgaertel reminded her that construction at a later time would require tearing up the parking lot and landscaping. Mr. Harrington stated that there was no other viable location for the reserve area. Chair Baumgaertel stated that the Board typically wants to see the reserve area go in at the same time as the primary for new construction. He further stated that, usually when they grant a variance,they look for some kind of additional protection in return. Mr.Tabaczynski stated that there was a solid layer of silt loam across the whole area,primary and reserve,that was as shallow as 2' below in some areas and as deep as 8' below in other areas. The restaurant is proposed to have an oversized 1500 gallon grease trap,which is 50%larger than what is required by Title V for the number of seats. Mr. Aggerbeck reiterated that the restaurant was preparing only pizzas, sandwiches and pasta, and using strictly paper plates, cups, etc. Chair Baumgaertel responded that the Board has to consider the possibility that, five years down the road, there may be new ownership and change of use for the property. Mr.Tabazczynski responded that there could be a stipulation that, upon transfer of the property,the reserve area would,have to be constructed. Chair Baumgaertel asked what size FAST unit was installed and Mr. Harrington answered that it was a 9,0. Chair Baumgaertel asked Mr. Harrington if.it might be possible to do an enforceable order for the reserve area to be installed before transfer of the property. Mr. Harrington responded that it could be done as a condition of the variance,and would be recorded at the Registry of Deeds. He further stated that the basis for the granting the variance for the reserve area should be due to the financial hardship,because the soils alone is not a valid reason for granting the variance. Chair Baumgaertel added that the FAST unit at the property has a general use approval;and suggested increasing maintenance from once a year to twice a year. Ms. Warden strongly agreed. Board members were in agreement that a fully.compliant system was the expectation, upon build-out of the reserve area at the time of property transfer. Mr. Aggerbeck formally withdrew his request for the variance to allow the reserve area to be constructed more than three feet below grade. 4