06/22/1995 BOARD OF HEALTH Minutes

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i MINUTES June 22, 1995 9 BOARD OF HEALTH Mr. Doherty responded, "It is primarily for pathogen die-off." "if you're looking for why we did what we did, the Board has been consistent in new applications of not going below the 100'." "But we've all been very consistent in allowing subdevelopments that were laid down under the master plan." "We weren't going to turn around and deny them because our regulations were put in place after these subdivisions were laid out." "I realize that we went significantly below the 100' but that is reason why." "This is in compliance with the subdivisions master plan." "The Board doesn't feel, even though it's new construction, that it's fair to penalize somebody for something that was laid out and designed in good faith in full compliance with regulations at the time." "He's gone to the extra level of putting in the Bio-clere system." "Although we didn't require it we did suggest that he install a u.v. disinfection on it." Mr. McQuaid commented, "Just because you have an approved subdivision plan, with a certain number of lots where there's no topography shown on the subdivision plan and no wetlands delineation shown on the subdivision plan, doesn't mean every lot in that subdivision should be buildable." "In my seven years here we have only granted on septic permit with a variance to the wetlands and that was a variance of 2' from phragmites and the phragmites were well beyond the 100' separation." "This situation really bothered i me." "Why you granted that I don't know where you were coming from, really," "In my opinion, it sets a terrible precedent." "We have one case pending in court with variances to wetlands required where they even are proposing a clivus muitrim system for the blackwater." "This variance is so significant it's in my opinion setting a terrible precedent." "The ecofin system might tenuate the nitrogen factor but it's not going to do anything for viruses or bacteria which will then contaminate the wetlands, body of water, shellfish, etc.." Mr. Sherman stated, "I have reservations about this lot." "Flag #5 is still off." "You may have given a variance less then 88'." "I informed the engineer I need that flag reverifed and I would like to reexamine it, 1 don't think it is correct." "If there were a way to protect the interests like installing the u.v. unit,] think you should have gone for Mr. Ball motioned to reconsider the Board's vote of June 15, 1995 based on new information provided the Conservation Commission Agent, Mr. Cram seconded, all agreed. Mr. Doherty directed the agent to request the engineer's attendance at an upcoming meeting.