09/07/2023 CONSERVATION COMMISSION Minutes

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6:06 47 Whippoorwill Court, Brigit M. Nelson. Proposed septic system upgrade. RDA Representative: Cape & Islands Engineering, Inc. The applicant explained that this was a voluntary upgrade due to a pending real estate transaction. The applicant noted that it received comments from Mr. McManus, Conservation Agent, requiring Nitrogen Loading Calculation under Regulation 30 and just provided the calculation this morning. The applicant went on to note that the applicant was outside 300’ BOH jurisdiction. Mr. Colombo commented that he has not seen the Nitrogen Loading Calculation and would not allow the calculation to be considered and suggested a continuance would be appropriate. The applicant clarified it was seeking a waiver from the BOH of a 4-foot from a required 5-foot groundwater separation. Mr. Colombo preliminary calculation review raised Nitrogen concerns considering that the proposed replacement was a standard Title V as opposed to an I/A system. Ms. Clapprood stated that although the Commission cannot require an I/A system employing an I/A system would be responsible. Mr. Cook also questioned how the Nitrogen Loading Calculation arrived at 12.89 – a function of the number of bedrooms, lot area, paved area, lawn area, et cetera and based on a formula.) Mr. Colombo asked if there was a stand-alone calculation for the Title V tank – eyeballing it the mg/L were in the 30s. The applicant noted the calculation was about 35 mg/L. Mr. Colombo expressed concern with the effluent from the leaching field being so close to groundwater (“I got to believe that a lot of that Nitrogen is getting into the groundwater.”). The applicant countered that the calculation was standard and based on ppm and below the requirements factoring in the other variables. Mr. Colombo reiterated his preference to have a continuance to allow a proper, thorough review of the Nitrogen Loading Calculation with a possible additional site visit. The applicant countered that if an I/A system were stipulated whether the hearing could reach a conclusion instead. Mr. Colombo indicated that he still wanted to see the calculation although he was amenable to I/A system. The applicant suggested approval with an I/A conditioned even though an I/A was not required under the regulations. Ms. Clapprood followed up and noted she would like to see the I/A. Mr. Cook suggested approval conditioned on an I/A plan. PUBLIC COMMENT Andrea Hubbard-Nelson (Daughter of the owner) – Ms. Hubbard-Nelson raised the issue of hardship due to the cost of an experimental, I/A system noting that in the future there might be money from the Commonwealth to defray such costs which was not present now. Mr. Colombo noted the several DEP approved I/A systems which are not experimental although conceding there was a monetary cost to installing such a system. Ms. Hubbard-Nelson in response to Mr. Cook confirmed the proposed septic upgrade was due to a pending real estate transaction and the necessity for quick approval to facilitate the same. Mr. Kent noted that the I/A system was not required by the BOH (outside 300’) and recommended a negative determination based on the Nitrogen Loading Calculation. However, the Agent would defer to the Commission’s decision on a continuance Mr. Cook made a motion for a negative determination with a condition of installing I/A system and new Nitrogen Loading Calculation, and a revised site plan to be reviewed by staff, which was seconded by Ms. Clapprood. Ms. Zollo noted that Title V is designed to move effluent away from the house and into the ground, which could affect groundwater.