11/16/1995 BOARD OF HEALTH Minutes

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f . . = MINUTES November 16, 1995 2 BOARD OF HEALTH 4.) Proposed press release, Legal Service for Cape Cod and the Islands Inc. - Board members agreed to direct the agent to publicize the press release as submitted. APPOINTMENT: Ed Pesce- 175 Surf Drive Mr. McQuaid relayed, "Mr. Pesce has requested the Board continue this matter until the next regularly scheduled meeting date." Agreed. APPOINTMENT: Cape& Islands- 28 Naushon Road Mr. John Slavinsky, P.E. was in attendance for this scheduled appointment. Mr. Slavinsky stated, "Mr. McNamara, lot owner, had a septic system installed in 1982." "Mr. McNamara bad the tank pumped during which effluent was found to be flowing back into the tank." "In my opinion, this is a serious failure." "The problem is the outlet of the tank is about 5.3' above groundwater." "In order for me to meet 'Title V requirements I have to install another flow diffuser." "!`here is only 67' fram the wetland area." "There is a private well 103' from the proposed leaching facility." Mr. Ball commented, "The flow would be away from the abutting well." Mr. McQuaid relayed, "The owner should be required to sign the affidavit which restricts any increase in habitable space." "Our regulation deals with new construction." "This is a pre-existing situation." "There is a hardship issue which should be looked at and considered by the Board of Health." "In my opinion, the Board would not be amiss in granting the variance from the wetlands and from abutting well to on-site septic." Mr. Doherty commented, "If the financial status constitutes a hardship then let's have it on record." "I would recommend the owner submit his hardslup claim in writing to this Board." Mr. McQuaid commented, "We do not have to declare it a failure as engineered plans have been submitted." Mr. Slavinsky stated, "The owner's will be returning to their home on November 15, 1995."