04/01/1987 ZONING BOARD OF APPEALS Minutes

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3 MINUTES April 1, 1987 BOARD OF APPEALS Mr. Hanrahan stated comments in writing were received from the Mashpee Shellfish Constable which states, "I strongly recommend against issuance of a Special Permit to John Malloy both for the single family dwelling and for the dock project. The home is in an area that is frequently flooded and in my opinion the planned retaining wall will not be effective in containing all leach- ate from the Great River. The area is already stressed with nutrient loading and this project would add to the problem. I would ask the Board also to deny permission for construction of the dock, whether or not permission to build the home is granted. Al- though the zoning by-law change limiting the length of docks to 45 feet was not approved by the Attorney General, all related governmental bod- ies in Mashpee, and the people of Mashpee, approved this change in our by-laws to protect environmentally critical and sensitive areas, like the area of this proposed project". Mr. Varkonda explained to the Board that title V, septic system setback, is defined as a setback from the water course and stated in- cluded in a water course definition is a coastal wetland, the defini- tion of a coastal wetland is, any bank, marsh, swamp flat, or other lowland, subject to tidal action and stated they do not meet the Town of Mashpees'health code regulation, section 3. 7. Mr. Hanrahan requested Mr. Varkondas' statement in writing. Mr. Toomey stated the Board of Health regulation, section 3.7 reads; all distances shall be measured from the average of the main annual flood elevation in inland areas and from mean high water in coastal areas and stated, state regulations are the same. Mr. James Garabidean, abutter, stated he did forward a letter to D.E.Q.E. and the Board of Appeals expressing his concern with the leach- ing system and his own water supply. He stated his well is 102 feet from the proposed leaching site. Mr. Garabidean stated when D.E.Q.E. issued the superceeding "Order of Conditions" they said it must comply within 100 feet and stated it does not discriminate the area in which the 100 feet must be maintained. He stated when the tide comes up and pushes the plume, which will be leaching into the ground, what will happen to my water supply. Mr. Toomey stated included in the superceeding "Order of Conditions" from D.E.Q.E. is the effect on private and public drinking supplies. Mr. Hanrahan stated there is significant confusion as to what is required and stated he would like to see the Town protected by the legal opinion of Town Council and also requested a copy of the D.E.Q.E. super- ceeding "Order of Conditions". Mr. Brian Dudley from Holmes & Mcgrath was in attendance represent- ing Susan Konikowski abutter, and stated his client is concerned with the 100 foot distance between the well and septic area and the environ- mental impact if the setback from the wetlands is not complied with.