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06/03/2021 BOARD OF HEALTH Minutes
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06/03/2021 BOARD OF HEALTH Minutes
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Mashpee_Meeting Documents
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BOARD OF HEALTH
Meeting Document Type
Minutes
Meeting Date
06/03/2021
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<br /> <br />Mr. Harrington gave the background to the original design. The conversion from cesspools to Title <br />5 occurred in 1990. There are no number of bedrooms input on the application, which was <br />standard. The leaching pit has more capacity, but it was really in 1999 when the owner at that <br />time was looking to raze the property and rebuild. During 1995 the revised code allowed a 5 year <br />transition period from 1995-2000, when nitrogen loading restrictions started. There was one <br />bedroom needed for every 10,000 s.f. If this was built today, you wouldn’t even get one bedroom. <br />What was allowed by Title 5, the Board of Health could allow up to 3 bedrooms in a home. <br />Everything on record states the Health Agent held to 3 bedroom and the Building Inspector also <br />held to 3 bedrooms. There are letters in files saying dwelling has to have 3 bedrooms and the <br />permits issued were limited to three. There are also a dozen letters from abutters stating because <br />this house was a two story brick building in the middle of all single story ranches, it gathered quite <br />a bit of attention. With the way it was constructed with access and egress it was going to be built <br />out as a unit on the upper level and unit on the lower level for a two family. There are many <br />conversations in the file from Zoning Board of Appeals, abutters, and the Building Commissioner. <br />He made a copy of what the original final floor plans were to look like back in 2001. The building <br />permit was issued August 8, 2001. He noted similarities to the floor plan here, all rooms on the <br />first floor are supposed to have 6ft. openings and 3 bedrooms upstairs. The office, bedroom, and <br />pantry on first floor were actually office, dining room, and child’s playroom. This goes back to <br />where the abutters were up in arms, and the town never got into the house to confirm what was <br />being done. <br /> <br />Mr. Baumgaertel asked if the new owners purchased from the people who built the house. The <br />realtor presented it as 4 bedroom as it was shown by the Assessor. <br /> <br />Mr. Harrington stated the assessor will show what they see. The septic inspector will put up what <br />is told by the realtor. The septic inspector should have done better due diligence to look at legal <br />number of bedrooms based on permitting. The septic has more capacity than a four bedroom. <br /> <br />Mr. Baumgaertel is reading the MLS listing that states customized modern home including 4 <br />bedroom, add door to room for second master suite. That is referencing the bottom floor <br />bedroom. He is confused what the inspector would have looked at to approve the four bedrooms. <br /> <br />Mr. Harrington referenced an application from 12/23/99. The property was being permitted for <br />tear down rebuild. The application was for four bedrooms, not signed off or paid for, but still in <br />the file. He is unsure why it was done that way, he thinks it was to show septic capacity, but it was <br />never signed off on. The Health Agent never signed it so it’s not valid. Building Commissioner and <br />Health Agent considered it a three bedroom. He thinks there was talk of expansion to a four <br />bedroom at the time, and because the size they had to relocate the septic. A note on the <br />application said the submitted but the Health Agent clarified the septic did not have to be <br />relocated due to changing footprint of the house. <br /> <br />Mr. Baumgaertel asked why this inspector put four. <br /> <br />Mr. Harrington commented probably because he saw that application. He knows this particular <br />inspector and he does his research. They don’t go by what the septic inspector says anyways. <br /> <br />Mr. Baumgaertel asked the homeowner if he wanted to use this property as a short term rental <br />in the interim. <br /> <br /> 7 <br /> <br />
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