Chatham Board of Health Grants Septic System Variance Amidst Neighbor Disapproval

The Chatham Board of Health met on August 5, 2024, to deliberate on several key variance applications related to septic systems, addressing concerns about environmental impact, property rights, and community health regulations. The meeting was marked by discussions on the variance requests for the Wilson property on Cockal Cove Road, which received attention due to neighbor opposition.

The primary focus of the meeting was the variance hearing for Christopher and Susan Wilson’s property, represented by Jason Ellis from JC Ellis Design Company. The Wilsons sought to upgrade their four-bedroom dwelling’s cesspool to a Title 5 septic system. The proposal involved installing a 1500-gallon septic tank, a pump chamber, and a leach field, necessitating multiple variances due to the small lot size. The requested variances included a two-foot reduction from the leach field to the northern lot line, a five-foot reduction to the southern lot line, a substantial 43-foot reduction from the leach field to the nearby Wetland resource area, and the absence of a reserve area.

Ellis explained that the existing cesspool would be filled with clean sand and compacted for safety, as the house had been unoccupied for years. A board member raised a query regarding the property’s intended use, whether as a summer home or a year-round residence. This inquiry highlighted concerns about the property’s potential impact on the local environment and infrastructure.

A neighbor named Mark, who owns the adjacent property on Cockal Cove Road, voiced strong objections to the variances. Mark argued that the proposed changes would exacerbate erosion issues along the Coastal Bank and insisted that he did not approve of any variances extending onto his property. He also expressed frustration over the lack of prior communication from the Wilsons, stating that he had only received a meeting notice without any prior discussion about the project.

In response to a board member’s suggestion to resize the leach field to minimize the need for variances, Ellis cautioned that reducing the leach field size could strain the septic system. He maintained that the proposed location was chosen to avoid flood zones and comply with environmental standards. Mark questioned the necessity of a large cesspool for a relatively small house, estimated to be between 600 to 800 square feet.

Mark reiterated that he had not received adequate outreach, contrasting it with previous neighborly communications when another property was rebuilt. Despite these concerns, the board emphasized that upgrading the septic system would be an improvement over the existing cesspool.

Following extensive dialogue, the board moved to approve the application with restrictions, including limiting the property to a maximum of four bedrooms, mandating the submission of an as-built plan, and requiring that any changes to the dwelling undergo further review. This motion received unanimous approval from the board members, highlighting a consensus on the necessity of the upgrade despite the debate.

Another topic was the application for IIA technology at the property owned by Francis and Elizabeth Tatalo. The proposal sought to replace an existing septic tank with a microfast septic tank to accommodate an additional third bedroom. The variance was required due to the property’s location within a Zone 2 public water supply area, necessitating compliance with nitrogen loading regulations. A representative for the applicants explained that the upgrade was essential, given the environmental constraints.

The board deliberated on the implications of seasonal rentals and the potential need for restrictions. However, it was clarified that the current application did not fall under previous rental restrictions due to the lot size. The board agreed that the application was straightforward and should proceed without additional conditions related to rental restrictions. Public input included a resident’s query about construction and land clearing. The board approved the application with conditions, including a maximum of three bedrooms and compliance with future municipal sewer mandates.

The meeting also covered the approval of a variance for a property at 30as Way, which required compacted topsoil over landscaped areas and submission of an engineered as-built plan. The board addressed old business, including a progress report on short-term rental regulations and a community health project update. Concerns about recurring odors from the transfer station were raised, prompting suggestions for a site visit and potential funding support for infrastructure improvements.

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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