06/29/2000 BOARD OF HEALTH Minutes

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MINUTES June 29, 2000 3 BOARD OF HEALTH Mr. Doherty stated that it was incumbent upon the applicant to be sure she was meeting all necessary town rules and regulations. Discussion took place regarding the possibility of the applicant permanently modifying the existing fence so that the necessary setbacks could be met. Board members advised the applicant that they would continue the matter until she came back before the Board with plans showing the permanent fence modifications. No decision would be made until that time. APPOINTMENT: Alec Watt re: Echo Road -- test wells Mr. Alec Watt and Mr. Ronald Gangemi were in attendance for this scheduled appointment. Mr. Watt stated that the applicant, Mr. Gangemi, was in the process of purchasing a 14-acre parcel on Echo Road and that section 174-27(B)(9) of the Town of Mashpee zoning by-laws required that parcels over 10 acres would be required to have monitoring test wells. Mr. Watt stated that the applicant would pledge to test the well and provide volatile organic compound test results to the Board of Health annually. Mr. Doherty motioned to modify the water quality requirement for 81 Echo Road and to allow the applicant to provide the Board of Health with annual volatile organic compound testing results. Mr. Santos seconded the motion. Motion passed. APPOINTMENT: Baxter, Nye & Holmjzren re: variance request for 48 Nick Trail Mr. John Holmgren, Mr. Joe Tarabelli and property owners Mr. & Mrs. Campbell were in attendance for this scheduled appointment. The applicant is requesting a variance of 5' from the property line setback to the leaching trenches, a variance of 5' from the property line setback to the septic tank and a variance of 1' from the foundation to the septic tank. Mr. Holmgren stated that the applicant is looking to demolish the existing three- bedroom dwelling and construct a proposed three-bedroom dwelling as shown on a plan submitted to the Board. Mr. Holmgren further stated that the reason they didn't file this plan prior to January lst was that they believed that the dwelling could be considered a three-bedroom, however Mr. McQuaid inspected the home and found only two of the rooms met the building code for a bedroom. He stated that there is a hardship because Mr. & Mrs. Campbell have already sold their home off-Cape. Mr. McQuaid stated that the property is located in a Zone II area and a perc test was performed in December of 1999 while the transition rules of Title V were still in effect. Had the plans and application been submitted by the end of last year, regardless of the size of the lot, an engineered plan for up to three bedrooms would have been approvable. After January 1st of this year, the Zone II regulation took place as written in the 1995 code which limits the number of bedrooms to 1 per 10,000 square feet or no more than the existing number of bedrooms should a house be demolished and rebuilt. Where this is a three-bedroom house proposed, I went out there to verify that three bedrooms existed. However, there are only two existing bedrooms. E