06/18/1998 BOARD OF HEALTH Minutes

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MINUTES June 18, 1998 3 BOARD OF HEALTH Mr. McQuaid commented, "I recently spoke with Brett Row from the D.E.P. and Brian Dudley who is now in charge of the Cape Cod area discharge permits and explained it was a one bedroom little cottage owned by one elderly lady who only comes down here two months a year and is willing to pay for pumping of the tight tank as necessary." "I then asked if the D.E.P. would reconsider their motion to deny the tight tank." "Mr. Rowe informed me that in this instance where I described it more fully he said if it were up to him he would leave it up to the.local Board of Health but it is Brian Dudley who now controls the discharge permits and variances on the Cape." "Mr. Dudley contacted me today and relayed that since a Title V system could be put in outside of the 50' buffer to the wetlands he would require a Title V system." "I explained the circumstances but he said no, I cannot vary on the requirements of Title V." "I questioned what the recourse was for the applicant and he responded that the applicant should take D.E.P. to court." "A tight tank is more environmentally conscious then putting in a leaching field 50' from the river." "As it stands right now the D.E.P. will not allow a tight tank." "The Board either has to approve this Title V system or suggest to the applicant that they go through the legal process to appeal D.E.P.'s decision." Mr. Doherty commented, "Obviously, there is not a clean cut solution where everyone is going to be happy." `Trom my position a denitrification unit is an acceptable compromise on both the part of the D.E.P. and the applicant." "I will not vote favorably on the plan as submitted." Mr. McQuaid stated, "If the Board wants to go that route then let's have the engineer design a system that is a standard Title V and then only when and if it becomes a 3 bedroom dwelling we require the installation of a denitrification unit." "This is a failed system." j Mr. Doherty stated, "The applicant has never claimed a hardship." i Attorney Oppenheim stated, "Mr. Baker, who is now deceased, build the home after World War II with left over material from the base including the septic system." "The system over time has been used very infrequently." "I know the Board has to consider its potential use but it is a very small cottage." "The State actually came down and viewed the lot." "The Conservation Agent wrote a very strong letter in support of the tank." "We do want to get a system in there so that we are not in violation of Title V." j Mr. Ball stated, "What I am afraid of is that eventually the property will be sold and the occupants will make it bigger." "I would like to see a denitrification unit."