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a variance from the Septic Inspection Regulation relating to replacement of a septic tank buried <br /> greater than 4' below grade. This was the only issue that was identified by the inspector during a <br /> recent Title V inspection. <br /> Mr. Westman introduced himself for the record, stating that he designed underground storage <br /> facilities for UPS for many years. He argued that the tank has been at its current depth for over <br /> 20 years, and there has never been a problem with structural integrity. The system passed <br /> inspection in 2006, and the tank was only recently flagged during a re-inspection. Mr.Westman <br /> stated that he is looking to sell the property and he does not believe in fixing something that is <br /> not broken. Chair Baumgaertel asked if all of the calculations were based on a round tank, and <br /> Mr. Westman answered that they were based on a round tank, but that the pressure would be <br /> even less based on a flat tank. <br /> Mr. Harrington advised Board members and the applicant that an extreme health hazard had <br /> previously occurred when three H-10 tanks experienced structural failures in heavy rains. That is <br /> what prompted the change in the regulation with respect to the depth of tanks, pump chambers, <br /> grease traps, etc. Additionally, pre-cast companies do not guarantee or warranty their tanks if <br /> they are buried greater than four feet below grade. Mr.Harrington reminded the Board that they <br /> have the option of allowing an enforceable agreement with perspective buyers. <br /> Mr. Westman had an opportunity to fully argue his position, before Board members expressed <br /> their opinion that the tank needed to be addressed due to the potential for a public health hazard. <br /> Chair Baumgaertel explained the purpose and timeframe of a typical enforceable agreement,and <br /> suggested to Mr.Westman that he consider that option if he did not wish to take on replacement <br /> of the tank. <br /> There being no further comments or discussion,Veronica Warden moved to deny the variance at <br /> 5 Wood Road, but to allow an enforceable agreement between the buyer and the Town, prior to <br /> the sale of the property, stating that the septic tank would be replaced within 90 days from the <br /> date of the transfer. Motion seconded by Brian Baumgaertel. Roll call vote: Brian Baumgaertel <br /> (yes);Veronica Warden (yes). VOTE: Unanimous(2-0). <br /> Chair Baumgaertel advised Mr.Westman that he had the right to appeal the Board's decision,but <br /> that he would need to contact the Health Agent during normal business hours to discuss the <br /> appeal process. <br /> 4. Discussion of floor plan relative to bedroom count—257 Monomoscoy Road. Mr. Harrington <br /> commented that Joseph Mendes, a perspective buyer, had requested a determination on how <br /> many bedrooms exist on the property, and how many would be allowed in a tear down/rebuild <br /> situation. <br /> The property at 257 Monomoscoy consists of a wood-framed dwelling and a two out-buildings. <br /> The main dwelling is an uninsulated, seasonal cabin, with a fireplace as the source of heat. An <br /> inspection was performed for another potential buyer,so a rudimentary floor plan was drawn at <br /> that time. Only one bedroom met current standards for a bedroom,per the Sanitary Code. There <br /> were two other rooms with beds, however they did not meet the minimum square footage per <br /> the Code. Mr. Harrington noted that, if they were combined, they could be a legal second <br /> bedroom. <br /> 3 <br />