Chatham Board of Health Grants Real Estate Inspection Waivers, Discusses Septic System Variances and Short-Term Rental Compliance

The Chatham Board of Health meeting on September 9, 2024, addressed issues including granting waivers for real estate inspections, discussing septic system variances, and tackling compliance with short-term rental regulations. Several property owners sought exceptions to existing regulations, prompting discussions on health, environmental, and community impacts.

A significant portion of the meeting focused on two requests for exemptions from real estate inspection regulations. Attorney Bill Lichfield represented the property on Orleans Road, seeking a waiver to delay installing a septic system following the demolition of the existing unoccupied structure. The Board considered the legal standing of the request, the current owner’s awareness, and the implications of delaying compliance. It was agreed that the variance could be granted for a year, under the condition that any new owner would need to adhere to the inspection regulations.

Similarly, attorneys James Norcross and William Lichfield represented the property on Moon Penny Lane, which, unlike the Orleans Road property, had been sporadically used and still functioned with a cesspool. The Board discussed the risks of granting a variance while the house might be briefly occupied during renovations. Emphasizing the importance of ensuring compliance with health regulations, the Board granted a six-month exemption, contingent on the property remaining mostly vacant until a new septic system was installed.

Another notable agenda item involved a variance hearing for Peter and Teresa Cohen regarding their lot on Port View Road. Susan Leo from Eastward Company proposed a three-bedroom home on a lot that current regulations would only permit a two-bedroom septic system. The proposal included using microfast IA technology for nitrogen reduction, which would maintain an environmentally acceptable nitrogen loading rate. The Board reviewed the nitrogen loading calculations and discussed the specifics, such as the designation of a guest bedroom and office space as the third bedroom. Ultimately, the variance was granted, aligning the property with neighboring homes that featured three bedrooms.

The meeting then addressed the proposed installation of a septic system for a new house, with discussions on its placement and impact on neighboring properties. Donald Poon from Eastward Companies assured that the components, including the vent pipe and blower motor, would be minimally intrusive. Residents raised concerns about noise and odor, but Poon emphasized that with regular maintenance, these issues would be mitigated. A Board of Health member supported Poon’s claims, noting the effectiveness of microfast systems and the absence of complaints about such systems in their experience.

A property on Port View Road also sought a variance for a septic system. The Board outlined conditions such as monitoring effluent, meeting nitrogen performance standards, and applying topsoil to disturbed areas. The variance was granted following a voice vote.

The meeting continued with a show cause hearing regarding Connor Fitzgerald’s property on Main Street, focusing on short-term rental occupancy. Represented by Jimmie Norcross, Fitzgerald sought clarification on bedroom configurations to comply with a deed restriction limiting the property to four bedrooms. The Board clarified that the house, as currently configured, qualified as a five-bedroom home. To comply, one room would need to be designated as a non-bedroom, potentially by altering its privacy features.

The discussion also highlighted the importance of accurate short-term rental listings to reflect compliance with occupancy regulations. The Board emphasized reviewing plans for any future modifications to ensure adherence to guidelines, and the necessity of addressing any formal complaints about occupancy.

The meeting transitioned to an update on the threat of Eastern Equine Encephalitis (Triple E) and West Nile Virus. A health official provided an overview, noting that while the risk on Cape Cod was currently low, preventive measures such as avoiding outdoor activities during peak mosquito hours and managing standing water were recommended. The Board discussed the cyclical nature of these viruses, the importance of ongoing surveillance, and the effectiveness of public education and larvicides in controlling mosquito populations.

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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