Chatham Board of Health Approves Septic Variance Amid Concerns Over Short-Term Rental Regulations

During the Chatham Board of Health meeting on February 3, 2025, members approved a variance for a septic system on Scattery Road and discussed challenges posed by a new state mandate requiring annual short-term rental inspections.

The primary focus of the meeting was the variance hearing for James and Kristen Saely, who sought approval to construct a detached garage with a bedroom above on their property. The plan involved transitioning from a three-bedroom to a four-bedroom configuration by removing the existing septic tank and installing a sophisticated denitrifying IIA septic system. The discussion included detailed technical aspects of the septic system’s design, such as adding a fourth chamber, replacing the old tank, and confirming the gravity flow of wastewater. Board members expressed general agreement with the proposal, emphasizing the straightforward nature of the project and the lack of necessity for additional variances.

Approval of the variance was contingent on several conditions, including restrictions on the number of bedrooms and requirements for future connections to municipal sewer systems. Judy, who read these conditions aloud, emphasized the importance of operational and maintenance agreements for the septic system and regular monitoring of effluent quality. Following a unanimous voice vote, the variance was granted, allowing the Saelys to proceed with their construction plans.

Attention then turned to the performance of advanced septic systems, such as Microfast and Nitrox, with board members raising concerns about their efficiency under varying household circumstances. Discussion highlighted the variability in nitrogen reduction results, prompting a suggestion to invite a Barnstable County Health Department representative to clarify these findings. Members recognized the need for comprehensive data to assess system performance accurately and considered the potential influence of seasonal usage and household size on the systems’ effectiveness.

The conversation shifted to short-term rentals, where recent regulatory updates and fee changes were discussed. The short-term rental program had issued 964 rental certificates, with some properties requiring further attention to ensure compliance with advertising standards.

The financial sustainability of the housing inspector’s position emerged as a concern, with the current $50 registration fee being insufficient to cover her salary. The board discussed the implications of a new state mandate requiring annual inspections by a licensed building inspector, which could necessitate additional resources without state funding support. If the town fails to hire a building inspector, it risks shutting down short-term rentals due to non-compliance with the mandate. The dialogue underscored the importance of coordinating efforts between the health division and the building department to ensure thorough inspections while maintaining financial viability.

As part of the broader conversation, board members debated the roles of the housing and building inspectors, emphasizing the need for collaboration to avoid inspection overlap and ensure compliance with both health and structural safety regulations. Suggestions to revise the fee structure to fund the building inspector role were considered, with a proposed increase to $150 potentially covering a substantial portion of the housing inspector’s salary.

The meeting also touched on the implications of the state mandate, with participants acknowledging the unique challenges faced by towns like Chatham, where a significant presence of short-term rentals creates a disproportionate impact.

Amid these discussions, a concern was raised about potential revisions to the frequency of mandated inspections. The board planned to keep stakeholders informed of any developments, recognizing the community’s interest in these issues.

The meeting concluded with proposals for future agenda items, including discussions on performance standards and the condition of the transfer station tipping building. Additionally, a legal matter involving 32 Mill Hill was noted, with an upcoming court date at Barnstable Superior Court to assess compliance with previous orders.

Note: This meeting summary was generated by AI, which can occasionally misspell names, misattribute actions, and state inaccuracies. This summary is intended to be a starting point and you should review the meeting record linked above before acting on anything you read. If we got something wrong, let us know. We’re working every day to improve our process in pursuit of universal local government transparency.
Town Manager:
Jill R. Goldsmith
Board of Health Officials:
John Beckley, Noble Hansen, M.D., Ronald Broman, Carol Boyce, Dr. Richard Edwards, Edward Sheehan, Carol Gordon, Jeffery S. Dykens (Select Board Liaison), Judith Giorgio (Staff Liason)

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