05/03/2021 Annual Town Meeting - Laserfiche WebLink

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(a) New nonresidential development on a vacant parcel with a wastewater flow up to 110 gallons per day per 10,000 square feet of lot area is allowed by right. (b) New nonresidential development on a vacant parcel with a proposed wastewater flow greater than 110 gallons per day per 10,000 square feet shall require a variance from the Board of Health (for on-site disposal systems) or Sewer Commission (for sewer systems) in accordance with §108-6. § 108-6 Variances. 1. The Board of Health (for on-site disposal systems) or Sewer Commission (for sewer systems), after a public hearing of which notice has been given by publication 1) in a newspaper of general circulation and 2) posting with the Town Clerk and on the Town website for a period of no less than fourteen (14) days prior to the date of hearing, may grant a variance from the requirements of this regulation, provided both Subsection A.1 and 2. below are satisfied. (a) Sufficient capacity exists in the treatment facility, as determined by the Board of Health Agent or Sewer Commission, its agent/ designee, as appropriate. If sufficient capacity does not exist, then no variance shall issue. 2. With respect to an on-site Title 5 disposal system, should the Board of Health determine sufficient capacity exists the applicant must then demonstrate that a septic system for the total number of bedrooms or nonresidential flow requested, meeting the provisions of 310 CMR 15.000 (Title 5), without significant variances, can be sited on the parcel. (a) The Board of Health may, at its sole and absolute discretion, issue a variance that, in its judgment, could be granted without substantially derogating from the intent or purpose of this regulation should the applicant fail to satisfy criteria in § 108-6A.2 above. § 108-7 Rebuilding a Structure Due to Casualty Loss. A property owner may rebuild a structure destroyed by fire, flood, storm or other acts of nature as a matter of right, provided that the new structure does not exceed the permitted wastewater flow and number of bedrooms of the structure being replaced. § 108-8 Transferability of Flow Capacity. The number of bedrooms or permitted flow on any particular parcel of land cannot be sold, exchanged, transferred, or otherwise used to benefit the determination of number of bedrooms or flow on another parcel or another's right to a sewer connection, unless any such sale, transfer or exchange is authorized by a Board of Health or Sewer Commission regulation. § 108-9 Severability. If any provision of this regulation is declared invalid or unenforceable, the other provisions shall not be affected thereby but shall continue in full force and effect. § 108-10 Violations and Penalties; Enforcement. A. Any person found to be violating any provision of this Chapter shall be served by the Town with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof.