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Thurston replied that while the potential owners would try and use the home a few times in the <br /> summer months, their primary residence is off cape. <br /> Mr. Harrington recommended to approve the variance with the condition of having the buyer <br /> enter into an enforceable agreement with the terms consistent with the memo below. <br /> • Set a date for submittal of enforceable agreement, typically seven (7) days after transfer of <br /> property. <br /> • If the dwelling is to be used immediately, approve with the condition that the septic repair is to <br /> be designed, approved and completed within 90 days. <br /> • If the property is to be demolished,the Board may condemn the dwelling until occupancy is <br /> granted after the renovation and septic upgrade. <br /> There being no further comments or discussion, Kripani Patel motioned to approve the Title 5 <br /> variance for 17 Overlook Knoll Road with the following conditions; set a date for an enforceable <br /> agreement 7 days after the transfer of property, if the property is to be used immediately, <br /> approve with the condition that the septic repair is to be designed, approved and completed <br /> within 90 days, and if the property is to be demolished,the Board may condemn the dwelling <br /> until occupancy is granted after the renovation and septic upgrade. Motioned seconded by <br /> Ernest Virgilio. Roll call vote: Ernest Virgilio (yes); Kripani Patel (yes); Brian Baumgaertel (yes) <br /> VOTE: Unanimous (3-0) <br /> 3. Review of request for Title 5 variance—225 Monomoscoy Road. Mr. Harrington commented <br /> that a design plan has been submitted to repair the failed septic system at 225 Monomoscoy <br /> Road. The proposed design plan includes a 1500-gallon septic tank, and a chambered trench <br /> with 3-500 gallon chambers in the backyard. Several variances are requested due to the small <br /> lot. Tom Roux, engineer introduced himself for the record. Mr. Roux confirmed what Mr. <br /> Harrington stated, variances are needed because of lot size. <br /> Mr. Roux explained the requested variances. 1. Septic tank is supposed to have a 10 foot setback <br /> to the basement wall, he has requested a variance to have a 5 foot setback to the basement wall. <br /> 2. The septic tank is supposed to have a 10 foot setback to the property line. Requested a <br /> variance to have a 4.6 foot setback from the property line. 3. The SAS is supposed to have a 20 <br /> foot setback to any basement wall. Requested variances to have a 13.7 foot setback to the locus <br /> basement wall and a 14 foot setback to the neighboring house. <br /> Mr. Harrington asked how far the SAS is from the neighboring property line. Mr. Roux answered <br /> 6 feet. Mr. Harrington then pointed out that another variance is needed as it should be 10 feet. <br /> Mr. Roux agreed. Mr. Harrington then asked if Mr. Roux notified the abutters about these <br /> variances. Mr. Roux had not notified the neighbors. Mr. Harrington asked where the poly barrier <br /> will be located as on the plan it looks like it is right next to the system. Mr. Roux stated that the <br /> poly barrier will be over the stone around the SAS. Mr. Baumgaertel asked if Mr. Roux is using <br /> side wall calculation. Mr. Roux affirmed that he is using side wall calculation. Mr. Harrington and <br /> Mr. Baumgaertel stated that the liner cannot be right on the stone, and the stone cannot <br />