06/20/2023 BOARD OF HEALTH Minutes

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The applicant spoke a little about Bayview Condominium, a very small community consisting of 31 units. Only 8 are occupied year-round. During the Summer 11 units are occupied with 15-17 units used sporadically over the Summer. The applicant stated that the pool is not used much during the Summer. The pool has a salt-chlorine monitor that adjusts the chlorine automatically. In response to Mr. Livingston, Mr. Seabury noted that this variance has never been requested before and would set a precedent. The applicant noted that the Commonwealth gives the Board of Health the ability to grant such a variance. Mr. Virgilio was very concerned about such a request given the presence of a lot of pools in the Town and noted the need to follow regulations. Mr. Raposa echoed the Mr. Virgilio’s comments. Mr. Livingston made a motion to DENY the request for variance from the pool testing requirements set forth in 105 CMR 435.000, on the grounds that it would set a precedent and, more importantly, because approval of the request has the potential to put the health of pool users at risk which was seconded by Mr. Raposa. Roll Call Vote: John Livingston (Yes). Ed Raposa (Yes), Ernest Virgilio (Yes) 3 – 0 Unanimous. 4. Review of Request of Title V Variance – 167 Timberlane Drive, Peter McEntee A design plan has been submitted to upgrade the septic system at 167 Timberlane. The proposed design plan includes a SludgeHammer ABG Model S-86. 167 Timberlane is here for 4 variances: 1. 5 foot variance from the 10 foot requirement from the SAS to the property line. 2. 7 foot variance from the 20 foot requirement from the SAS to the Cellar Wall. 3. 3 foot variance to the 3 foot max cover requirement over Tank requiring H-20 Loading. 4. 17 foot variance from the 100 foot local requirement from the SAS to the watercourse. The applicant noted that there is a steep slope and there really was no other place to place the tank. Otherwise, the tank would be close to the waterline. Mr. Seabury noted this was an example of maximum feasible compliance due to the drop in elevation – best to go on the lot and to protect Santuit Pond. Mr. Raposa made a motion to approve the requested variances which was seconded by Mr. Livingston. Roll Call Vote: John Livingston (Yes). Ed Raposa (Yes), Ernest Virgilio (Yes) 3– 0 Unanimous. 5. Review of Request of Title V Variance – 43 Bluff Ave, Peter McEntee A design plan has been submitted to upgrade the septic system with a request for 4 variances: 1. 5 foot variance from the 10 foot requirement from the SAS to the property line. 2. 4 foot variance from the 20 foot requirement from the SAS to the Cellar Wall.