e e e e e e e e e e okay that microphones are on okay great thank you uh good afternoon and welcome to the Westport Board of Health June 24th 2024 meeting which I am calling to order under Mass General Law chapter 30A section 20f this meeting is being recorded and please join me in the first IED aliance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all okay we'll start with the director's written report any questions on that n for me man okay go ahead with your reel report now so as a reminder annual annual transfer station stickers are required as of July 1st stickers are now on sale at the transfer station and board Health office um you can brick those um at the transfer station by check on money order only the transfer station does not accept cash also compost is are for sale at the transfer station the price of a new age compost of Bin is $34 53 that price includes tax in order to purchase a composter please go to the transfer station with a check or money order made out to the town of Westport this item is not available at the Board of Health office it cannot be purchased with cash due to an increase in recycling of cardboard an additional covered container was purchased the container was delivered on June 20th um we got just kind of tucked in a odd spot at the moment until we figure out how we're going to rearrange things um is when we can deal with the Scout area um a little bit um on that the public health nurse offers a weekly blood pressure clinic on Wednesdays from 8:30 to 11:30 clinics are held at the nurse's office located on the first floor at the Town Hall Annex Building at 856 Main Road here in Westport annual town meeting approv funds to hire a part-time Animal control officer we're still meeting waiting to meet with the Personnel Board to get the position uh job description and wages approved after that is complete we can meet with the select Bo to review and get permission to post a position our e is working hard to maintain coverage for the town however to get the coverage the town needs we really do we have to have a second ACL I mean Nick is doing a fantastic job he's you know working a lot of hours and um but you long term I would not wouldn't be practical just keep having them do that so second offic needed you know I know I read this last one into the last couple meetings but it's important um you know the Bristol County Mosquito Control project has begun spraying for mosquitoes the spraying occurs between the hours of 2: a.m. and sunrise pending weather conditions temperatures need to be above 55° during those hours for applications to be made you can make a request by calling the U Bristol County Mosquito Control project at 508 823 5253 extension one or email them at request Bristol mcpc comcast.net please keep in mind that the uh Bristol County Mosquito Control does not enter private property spraying is done from the truck along the street in front of the property residents can can find information on their website at uh www.mass.gov Crystal County Mosquito Control including attentative spray schedule for Which towns are done each day also a daily and updated list for streets and names will be posted for residents to see if their location is on the schedule for the following spray day all this information is weather dependent and can change if needed due to the mosquito populations and virus protections the Board of Health has begun the process of digitizing our files the benefits to digitizing our files will be increased efficiency easier collaboration and enhanced accessibility another major benefit is the ability to free up physical space and the cost for the service will we paid from uh through the pH Grant um the fish consumption advisory at southa Pond we received on May 23rd 2024 is still in effect a public health advisory was posted along the pond please visit the Board of Health Board page for more details all right let's go to director approved plans okay we have um a free bedroom repair on 10 18,900 ft lot located at 849 pin Hill Road for Christopher and Cindy L utilizing the Presby system it's been through concom um we have a three-bedroom repair on a 16,22 ft lot located at three Richmond Pawn drive for Paul Baker this is going to be a Presby and micel fast uh it's been through conom this one is replacing assess pool and this one will need to be de restricted and that's said d yes a 45 verion we have a two B Repair on a 13536 ft lot located at 205 Fisherville Lane for PA Schmid um this one's going to be utilizing a stone bed it has not been C through concom and it's not replacing a s pool this one will also need to be D restricted um we have a bed new construction on a 39,900 ft lot at 329 tickle Road for 7 Property Management Stone bed and a microfast system it's been through concom this one will also need to be deed restricted we have a three-bedroom repair on 181,182 37 gford Road Unit 1 for Sequoia Holdings this one's going to be a quick four and it's been through concom lastly we have a six bedroom new construction on 147,50 180t LT 167 to 169 hick Bridge Road for an Edward Keen utilizing a quick four and a micro fast and this one has been I have one question yes how does the property at Fisher Lane with 135,000 you know uh Square ft hot size and two bedrooms require D restriction what's the D restriction for because n 5 says you have to design to a minimum of a three bedroom system but you can design the two but you have to deed restrict it if you do that and I did put a I sent a message out to brt and auur on that you know a few months back and I questioned the same question you asked they said you absolutely have to deep restrict it it doesn't make much sense to me yes but I'm sure there's a reason yeah okay um question is why didn't right especially person exactly um that maybe because of the engineer who knows um I'll I'll just note that both for the 205 Fisherville Lane and 329 tickle Road those were in our databases unknowns potential sus pools um um so they're off off our list we're we're whittling away at the unknown list so that's great um okay I will um take a motion we'll need deed restrictions as recorded here plus the comcom review and the dite testing as again for the micro fast ones do that well you want me to just say so moved iot um okay um motion made in just to be um clear for Bob you need do you need us to what level of detail you I all the micr fasts will need the you know total nitrogen testing the two new constructions two new constructions as well as the Richmond pal and the Deeds are three Richmond Pond 205 fish and 3 plan tickle and the comom is 205 fish yes construction y okay okay uh made a motion made and seconded to approve or endorse all those plans approved by the director all in favor I I that's unanimous thank you um I um as I mentioned to Matt I had a question about the different Road one but um Mr parter was the engineer so I'm going ask him when he arrives but it doesn't impede the approval [Applause] um okay then we can move on to other business business um I'm going to turn the first agenda item about the ha mitigation plan to okay um so uh there is a proposal that is now moving ahead to for the town to develop a hazard mitigation plan to which will update the plan that we was prepared um 20 years ago um and is um going to be uh led by a consulting company that was um hired um as part of the um the southeast uh Regional planning Authority and a team is being put together um I'm a member of that team uh for the Board of Health and currently um there's also M the planning board uh the fire chief and the chief of police and the idea is to um update all the um data that would relate to vulnerabilities that the town has as a result of various um natural I would say and at this point in time kind of climate induced um hazards that the town needs to to prepare for and have a response mechanism in place um and uh so part of it is the data collection around that and understanding um vulnerable infrastructure homes um uh what what the you know and you know kind of across the board of of where um the town uh may be vulnerable the there is an extensive um public comment process that is uh proposed with this a whole series of meetings um which would take place in anticipation of the development of the plan during the process of the plan and I think then at the conclusion of the planning process a final report would be developed um that will be reviewed by um and approved by the select board it would then go to the state's Emergency Management Authority they would approve that and all this is kind of been tied back to the federal def FEMA the Federal Emergency Management Authority and this initiative is just kind of one of the balls that are up in the air about this topic because for the last almost two years now there's been a climate resiliency committee that is kind of doing a similar analysis and looking at issues and then I was just recently informed there's an evacuation planning uh committee that is also in the process of just kind of getting kicked off that is specifically focused on you know areas or um again infrastructure homes businesses that um in which um evacuation plans needed to be updated and um made sure that they were put in place and whatever um you know was needed was you know made available so some of these maybe more shortterm and some of these maybe 5e you know go out um over a period of time in order to develop um a robust enough irigation plan so stay tuned you'll be hearing a lot about hazards um if certainly do you know if the highlights on the not yet I don't know but I'm it feels like a like there yeah ex well just to say um the I don't want to call it the core group but anyway I'm I'm meeting with u Mike buris from planning just to have our own one-on-one discussion um on Thursday so the first meeting of this team has not been sent yet and how many people are on this team I don't well right now there's only four of us me there's that infrastructure committee there's yeah which is different than the climate resiliency committee right you know which you know has a broader focus in some ways because it's you know looking at agriculture for example as impacts to agriculture as a result of of climate change um whereas I think you know that the first topic of this is going to be you know storm surge sea level rise those kinds of things because we've been talking about um um high heat events as being a health hazard and I don't think that's previously been addressed in mitigation plan going back to 2020 um and uh and you know there's issues around you know power you know if power is out if Poles get knocked down um all those kinds of things so I I agree I think that the highway department you know has to be a part of that but U so I'm going to talk about that with Mike when I meet with him as to whether or not this is this is the group or um but it's equally possible just as a matter of efficiency where you know the team is going to like meet with the highway department and the team's going to meet with um know the council for aging and is going to meet with various people without saying come to meetings every you know come to these meetings um which are going to happen during uh office hours which again might make it more difficult for some people to find the time to do that including the director because other things are going on so I think you know it may just be um that one yeah yeah exactly you know and I'm sure the consultant is going to be meeting with all those groups just in terms of you know data collection uh you know from the highway department in particular or Council on Aging those people don't just understand what the available resources are now what do they think they need based on various scenarios that get played out yeah um I would I I didn't hear you mention but I would say because there was a one of the rainstorms earlier the spr going down Tri Road near the head West it was pretty flooded yeah yeah and um that's those High rain events more extreme rain events right are going to be more uh frequent and and we have a lot of lowl areas you know like a bridge over um that wor where East yeah yeah no yeah yeah and there are a lot of you know kind of high tides that flooded out a lot of a lot of docks too so definitely and concern would be and that's why when you said the Council on Aging is where our seniors are that are homebound that would need um assistance uh who are the people that live in town that um aren't mobile and we need to get to them quickly so right right yeah and even just our communication systems about things you know just our communication systems about things how do you how do you even inform people you know given all the different kind of media and people's familiarity with or a lack of familiarity with you know different media and that kind of stuff you know I'm just want well I mean I'm sure we all got the phone's screaming at us when 911 went down and whether there's and whether there's a way for that to happen in the in our particular area for people who live in this area but um that cly so it's a good thing you know because we're looking at our plan is 20 years old now and so I you know it is very timely and um in that sense and also because of what the climate committee has been doing I'm hoping it will kind of get integrated in and kind of consistent and we won't have to be Reinventing the wheel um well other than Michael and you who else is there anybody else on the climate resilience committee that's part of this group no not at this Bo um so but um well yeah but they're are a number of you know so with Michael representing the planning board so there are lead people like Bob daylor who's on the planning board is also the head of the infrastructure committee right so there's you know there's there's overlap yeah I think just as long as we don't have a lot of duplicity and how is it that you became part of this group pH CU I don't know how that happened oh because um Matt got invited and Matt said because it's happening during business hours that he just did not have the bandwidth to be attending the meetings and because I was plugged in to the CRC seemed to make sense to to do that but I'm just that kind of guy okay um thank you uh do you have any other um board member updates you want to share while had the floor um U so you know the other thing we have been talking about and I've been talking to Matt about is um uh our initiative to update our well um our our private well regulations and um and so Matt and I both have been looking at um what other uh towns have been doing primarily on the Southeast and the cape and uh and I I think we're you know at the point of what I think the next step would be is just to get a sense of or clear sense of what it is we want to accomplish with this and um and an understanding that I don't want to call it a bell curve cuz that's the right sense but if you we're looking at kind of the scope and level of detail and um degree of process in order to get approval to um install the well we're like on the left side of the curve um which has been generally fine you you know I mean there's you know but and then there's maybe the Department of Environmental Protection is at the other side of the curve you know a lot of detail not only about basic what we would consider basic stuff but all sorts of detail about how you construct the well and how you construct different kinds of wells and all that other kind of stuff and and then there's a lot of cities and towns more or less in the middle um and I think it's things that we discussed formally that maybe we should be there I mean we don't actually even have a permit to install well we don't have a permit process and I think our well regul our well regulations is EXT very very closely tied to our septic regulation in the way that it's implemented and so um and then we all sorts of new contaminants that are so so I think if we just kind of gave I think the board as a whole kind of gave Matt and I some direction about where we kind of want to be how much how you know we're okay with this this is but we don't really want to get into this level of detail that would be helpful um in then developing a draft that we could actually look at and and even just do it in sections in the sense of okay what's the administrative part of it what's the plan part of it what do we want to do for water quality testing do we want to integrate the different pieces of the regulation one regulation or we like right now we have water quality test a permit test and we have a couple of other pieces and just get those general senses so um which is all my way of saying don't expect the first meeting for us to present you with a draft rck is it um is there enough of sort of those kinds of questions that we should I I think we need we're going to need to working anyway um to or do you want you know how do how would you like to get that well we could just carve out a piece of that you know and you know just look at a topic piece of it and just kind of look at it in the way that kind of reflects the I'll step out first I didn't understand and I'm not sure I really fully understand actually how we're doing it now um and I've talked a little bit you know to Matt about it and to Nancy about it um and uh and then you know well there's a bunch of really big picture questions that we could answer and then we could drill down a little bit you know into an example of like a permit we want to have a permit process and then we could talk about some examples and things like that that anyway um maybe it might help to have an outline of sort of those topic areas for us to look at in advance and um I'm working on right okay um I was going to hand it out but I thought okay um we'll uh we have just a couple minutes let me um we'll come back um after our appointments maybe and schedule that working uh meeting um anything else you want to R okay just that we had we were a visible Presence at the watershed river day talking about our how we um protect people from all kinds of things based on that I would just like that poster you had and that that um we talked about how what we're doing is protecting the river or helping protect the river and um the summer um threats to People's Health so great I would just say you know I I appreciated just all the information that got organized you know all the handouts for people many you know people would come and take stuff even though I didn't talk to them that people particularly like mosquito bands [Music] bands you know I thought in terms of um the kind of event it was and how all that information was put together for people I thought it was really good just as coming on to it myself not knowing all the preparation you guys that was good thank you okay um uh so I'll just mention quickly um I visited the little conton transfer station to observe their food composting operation because we've had a request from a resident to consider food composting um and so I talked to the employee there to get some feedback as to how it's going um and so that's something that when things down at the transfer station there are a lot of things in flux right now we might um revisit that and see if that's something um it wouldn't cost the town something um or maybe we'll just boot that idea of food composting to um the the outfit also does pickups you know at at homes and you would pay you as a resident would pay for that if you wanted to participate so that might be the way we go but anyways that's just um still percolating so to speak um and uh the other thing we've talked about is um uh tiank um regulation about sort of managing that more proactive given the um risks associated with those poing out of the ground in vulnerable areas um and so we're working um on a draft for discussion at we that um Mr don't leave I'm going to call um okay he's so shy yes he's he doesn't know how to talk to us it's not like you know all right well we'll wait for Potter to return because I'm sure he would like to present the wrong PL oh okay well he just going out to his truck and well then why while we're waiting schedule that yeah I would say wait until after the 4th of July that's fine but it could be earli yeah yeah so we we have a meeting on the 8th yes which scheduled after that later in the week um um we um so that will be all the week in between the that meeting and next meeting so I know sometimes we try to do Thursday mornings 11 that's fine I think that should be okay no I have a okay no don't that's fine um um Friday's not really good Monday the 15th that works for me but not necessarily for that um yeah I don't I don't have anything scheduled now what hours um yeah um 15 is not the 50 is good as long as we can um do it early okay how early how when you like 9 early um I could make that work is that early I mean 9:00 a.m. okay yeah okay Monday the 15th at 9: a.m. okay thank you um Mr Potter we are going to call your meeting so don't sit down um I'm calling the 4:30 p.m. um variance hearing for hearing actually I think was presented um 101 Boulevard for Donald desanti this is a one bedroom repair with a quick four on a 12,43 12,330 ft um land water representing yes this this 101 requires a variance distance of the pump shamer to the property line so I've notified the abutter and that's the uh receipt that I mailed it out y so we have an existing SS located right to the MTH of the house and shown in circle and that's all of is here so what we intend to do is to install a 500g LIF station and with a murator pump and pump that up to a septic tank that is located up near the garage and that's where the septic system is going to be um so there shouldn't be any issue with that uh we need several variances the so absortion system and they own as well is less than 100 ft Pro separation is 85 ft and this is a well that is offsite correct what's that please the well is offsite what it's his father this is Mr desanti this is his father's lot this is that his lot okay okay it's off site it's located One World serves both houses yeah okay the uh proposed lift station is less than 10 ft from the solar wall proposed distance is six the proposed L station is less than 10 ft the property line proposed distance is six that requires a variance the proposed lift station is less than 25 ft from surface water proposed distance is 13 ft so those are the variances we need need to accomplish this task there's no room on the lot it's really tight and that's all they can do but the have the F1 will be pumped up the hill to a septic tank then into the leech field as so the leech field is uh is designed for um two bedrooms as per code it's only a one-bedroom house that's the best we can do okay um then I'll turn to um Matt for his report comments so whever in design wise is fine but I know that you may had some questions so I'm just going to turn it over to you okay um uh well let me open it up to uh other board members um anybody has questions I'll defer for I hear whatever people have to say and I like to defer until I hear what you have to say okay well I will start um so this is just a um a a non-engineer kind of question so the S Pool is right here right yeah right here so why are you going downhill to the lift station to pump it even FR it uphill because I don't have enough there's a retaining wall concrete retaining wall right here and I don't have enough room to get back in other words I got enough room to put this tank in down here I don't have enough room to get around the car and put it up be that's the problem it's it's it's Logistics okay so it's it's got to go a long way CU first it has to go downhill towards the pond and then it has to go back uphill right I mean that that's gravity going down but then pumping uphill y okay so that was um I checked the pump calculations and it's fine yeah I don't see a problem just it's it's from a late person perspective like well you know when we get them sewer lines on Route Six you're going to see a lot more of this let me tell you okay so get used to it yeah all right um and then the um concern I did have um which I don't know it's been mentioned to [Music] you um is of course our local subject regulation where um it's less than 50 ft from a surface water body the meaning the lift station at this point um yeah but that's not a leeching fi no but our regulation is any component I believe and the way it's worded so [Applause] um when reconstruction of a system in existence uh where that's not it um any design for repair of a septic system that is required to be cited within 50 ft of a surface water boundary or Wetlands Bard and the surface water boundary must meet the standards for nitrogen loading um limitations so um I want want to hear your argument why um this would not be just read that again to me sure any design for repair of a septic system that is required to be cited within 50 ft of a surface water boundary or Wetlands bordering surface water boundary must meet the standards for nitrogen loading limitations set forth in section 12 well my argument would be that this is not a septic system it says the repair of a septic system replacement of a septic system that's the leing field up here yeah well designed for repair of a septic system this doesn't apply to new constructions for repairs no no this is a repair yeah I understand that but that's not leeching the leachings up here yeah the rag doesn't Define let's see what what if s perceptive system I don't know if it defines it any differently than type I can't get 50 ft it's impossible yeah well I I understand that and then it's just a question of whether you need to um incorporate a uh either a variance request or dite you know a local septic variance request i' go for a local septic I can't see putting do right in the thing way up here there's no e anywhere near the we're taking it away and we're moving it up here with through great expense believe me there's no need to add any more expense to that they're TR they're trying to do the right thing all right um well I'll leave it to my fellow board members how you feel about that um uh it is a small system um and I don't know I mean the effluent is going to be down here you know 13 ft from the but it sealed in the tank right um so as long as it doesn't fail it's an H20 tank it's not going to fail okay the cess pool's been in there for how many years since 194 down know 1950 51 yeah it's probably it's time to go for sure get from moving it way up there so but we got to pump the leion field yeah it is definitely an improvement right to the existing conditions um so um any any comment from other board members that that was the um you know question I raised so um I guess just to go back to that first issue you know this is the fact that the Title 5 definition of of a septic system kind of breaks out and includes all the components so I think that's um and that's why you get into this um kind of semantic thing which is on the one hand it's really the leech field that is um releasing contaminants and that's the one you would think you would really focus on and there are time there are regulations that do that that call out Le Shield or you know or or tanks and then there are others which just gloss over that and just say septic system but um so uh I generally would support an outcome that would not require uh having a you know a dite system here and it could either be to apply that logic here and just treat it as um you know that this is not included as a septic system or go through the variance and you know because the well is not on the property um the property is you know south of top of pond is a fresh freshwater pond Pond nitrogen is really not an issue for the freshwat pond they've identified what the problem is in South wapa and it's phosphorus so um and and then it's also the volume because it's a one-bedroom house so I you know so i' would be more favorably inclined if we didn't want to adopt a confining regulation just to do it as a you know as a variance and you know kind of make the case because I don't think this poses an environmental harm I mean we know it's a benefit because it's removing a cesspool um which would adversely affect what UPA Pond and instead they're putting in a modern septic system which will not do that so um so that's how I would treat it and I also just to say that when we adopted our when we adopted this regulation this particular regulation from the from the existing regulation which in which the rule was if you were within uh 50 ft of a surface water body you had to meet the nitrogen loading requirements of Title 5 well this site does meet the nitrogen loading requirements at Title 5 because a one-bedroom system and it's got 12,500 square feet and it's only one bedroom so they wouldn't have had under the previous rule they would would not have required right a Title 5 a they wouldn't have required nitrogen reduction and for what all made good sense you know we took it and you know we applied it to the framework that we had under our regulation which had to do with a totally different standard so for all those reason I think we might need to go through the process but that's what I would support the outcome to be okay Don Beed back um well I I mean I certainly appreciate both your thinking on this um I was just wondering if there is any other way we could put the um this system over here but it's again you're going gravity to pump so that wouldn't work if that was moved and it would require some Plumbing changes I believe if it was moved which might be cheaper than D I don't know for nitrogen to do something I mean just just which is that in terms of just so Title 5 also has a setback limit for septic tanks and you know for for leech Fields but it doesn't have a setback for pumping Chambers they break out those aspects of the system do you know what I you know for you know they have that table and for setbacks from septic tanks and setbacks from uh SAS and it doesn't have one for pumps you know for pump so it wouldn't require a variance under title Pro because of its proximity to surface water that's what I'm saying so that won't require a mar right I what I'm saying that that title 5 did not consider did not impose a 50 fot setback from surface water for pumping Chambers they did for septic tanks but not for pumping Chambers which to me indicates that they didn't view them as a threat from that se the tank holding tank oh oh I take it back I take it back so we'll we'll Strike Back comment okay we'll strike back um so here's my thought um I I I can be persuaded that um that the Mr Potter's argument that there that why he would pursue a variance instead of a dite and and your argument pH that that it's not going to by the level of benefit that's worth the cost um so here's what I'm suggesting and I'm willing to accept it after the fact is that you add a variance request because you've already notified all the abuts and their family so they're in the same you know the um to the to the request yeah um and then because from a procedural point of view it's like well you didn't require him to do a variance you know what we I don't want to into that right right um right um um so if that's something that the board members are um comfortable with I can add it to the plan no problem um I can list it in the variances on in the plan yeah um uh I would be comfortable with that because I think you've made a strong enough argument um in this case believe me if I didn't have to I wouldn't do it I got Choice um okay we would need a obviously a one-bedroom deed restriction the water 3 years of water testing hold and Conservation Commission correct any other conditions plus the added variance uh local variants um to the plan um anything else C harmless but I she said that okay yep that's it yep somebody prepared to make a motion um I can try um I move that we approve the plan for 101 Plymouth Boulevard um uh dated 52824 um with the variances as written in the plan and the addition of um a local um adding a local variance request um with the following conditions a whole harmless agreement a one-bedroom deed restriction 3 years of water testing and concom approval did I miss anything I think so second uh motion made and seconded to approve the project at 101 pouth Boulevard all in favor I that's unanimous all right just so I'm clear I want to add a local variance on the plan correct do that the septic system location less than 50 ft yep easy enough now you got an extra 101 I didn't bring it I brought two 105 2 101 okay um so um we're going to call the four 40 um hearing for 105 from the quar for Donald and Deborah desan and Christine root uh this is a three-bedroom repair with a quick four on a 24, 20t lot uh L also replacing okay Len Westport environmental design for Don desanti 101 from bouar 105 the house is located down next to the par Boulevard way up at the top you got a routin wall along the south of which defines the border the cess pool is now located on the north side of the house so Mr desanti agreed to replum the house the basement and bring the pipe out the Southside into a 2,000g pre-cast tank two compartment tank 1500g Prime and a 500g pump chamber and pump the affluent up to the septic system which is located uh up CL of in the road we have a well across the street I'm 112 ft from that well Mr desanti as well is 51 feet from the propos of Le field the uh let's see the house up above is a one is a two-bedroom house and this is a three-bedroom house the main house is three so it's five bedrooms and the the house up above is a slab so I'm 11 ft from that the requirement is 10 uh there's a Cess pool for that Upper House shown in that little L Cove on the back side of the house so the SE are going to be connected to a tank shown as such and that's going to end up um uh sending the effluent over to the distribution box I don't think that one has a pump that one's gravity no it's not it's a pump that's a two that's a 2,000g dual compartment tank also so it's going to be pumped the land Rises very quickly from the pond all the way up to the road so trying to get to 50 ft from the well and yada yada yada that's the best we could do uh fortunately the perk test aren't bad here and the U water tables very good not down here but the tank is going to be there and pump it up the hill to this leeching field which will serve the two houses that's pretty much it okay thank you m okay I'll open it up for comments from the bo so I guess I I I you know was just a you know somewhat concerned um in locating a well you know down gradient you know from the SAS which was only 50 ft away and um and it may be that you know locationally there isn't any you know option to that because it's like basically half the distance that it should be um and you know and and maybe that will you're going to have to do 3 years of well testing so you know maybe that you know will um evidence you know whether or not it's a you know it's a problem or not but I just want to express my concern about that you move fi further they'd have to take that tree I it doesn't is there is the reserve area just in the same location as the yeah okay so um and I guess so I should I just ask you Mr Potter as to whether or not you would think that um over the threeyear period you know would you would that at the end of the three-year period would that represent what you would think would be the new stat the status quo or just in terms of travel time or whatever or would would it be advisable to extend the well testing even if it wasn't one year but you know every year to extend it out you might want to might want to extend it to five but I doubt there's any problem water table is relatively deep it's around 9 ft and and the soils are not that good they're hardpacked uh even though we got a good decent perk rate they're hard packed soil and the water doesn't travel thw it very readily do you know how like How Deep The Well is the well you remember probably 100 something yeah yeah okay it was probably the second well but what happened is I this is my guess I'm just guessing but in in 1960 when they put the second house on top there because the original well was down by the water they they we buil a they built a pump house and I think you know so that well is pretty to feed the both houses right it's never been a problem and I so I think we we've got about 110 or something like that that that I had to replace one time with the you know and I remember that was that seems to be the okay yeah the rec I mean I don't really have a wreck it of it right right I mean just to say you know part of it is is is my you know nonprofessional understanding is is that when you pump a well it creates this cone draw draw down so it's not so and that's the so kind of the that's why I think the distance becomes important because what's coming what's coming into the groundwater is the leech a from the uh from the leechfield you know the contaminated part and the well because it's really pumping for six houses I don't know how I don't know what the down per minute well you know is how big you know but you know and it's it's like a su just sucking the water around it and with only 50 ft it just makes me a little nervous I mean just um you know I mean you're going to have to drink it you know so uh the and you're asking for a variance so my inclination might be to extend the test period out even if it was um you know to 5 years just the cones of Confluence they call that the Confluence yeah they that that that's achieved in gravel pack Wells okay the state's famous for that because all the wells down the cape and through Lake bille and all that a gravel pack well Dartmouth yeah so you have a lot of water coming in so the cone of confence can be a th000 ft from the well right this is a ledge well and they don't work like that okay all right well that's good to know okay yeah that's what I was asking I I just have a question the protect tree to remain is is it a special tree that you want to protect and and you couldn't move the SAS a little bit further away from the well it's a big tree it's all I know well I you know in terms of protecting the well protect the tree or I think what he mean what they what what my son meant was don't bang the tree scar it when you doing the work that's what he means so the tree is there so there's not necessarily sentimental value to this tree couldn't the tree is huge okay so the roots go out and all that so okay well that's um situation well I'm not admin about it but if I I you know I think maybe doing some more testing you know testing T yeah your system going to work he said he's he's he's U I guarantee I he's put in a brand new system I'm not going to worry you know I me again protect your water supply that's the whole issue is protecting your water supply okay um well then I I would support that with the 5 years of testing and I would ask for the same um add the variance local variance request cuz this is also less than 50 ft from the bond right the this one yeah it's 32 I don't know why I'm I go to scale think it's no has to be 25 yeah it's only 25 oh yeah it says 32 32 no 32 was to that contour line yeah just 32 to the cont line you think it's it's 50 ft yeah yeah yeah I we B and I put the scale on while ago was like 48 47 48 well you're cover letter maybe is is incorrect yes it is it's the same he used the same letter okay for for for 101 okay he gave us 105 because it says it's less than 25 but it's not on the plan okay fine I'll take that back it's not okay you want to save that years you want to save that well I you might want to save this abandoned well for irrigation sure okay so you have to unabandoned a well un abandon it it's not decommissioned so it's not decommission it's just abandoned so if it's just for irrigation purposes yeah uh something we'll deal with in our well regulation yeah yeah we talking about that before right at least I get the inside on that little um okay so this would require same kinds of um um conditions hold harmless bedroom a deed restriction because it's five bedrooms on a small L um K Kong the Lua for the sess pool I mean the system to the well and 5 years of water testing I believe is what we okay agreed okay somebody want to make that motion I can do that um uh so I move to approve uh the plan for um Donald deante at 105 Plymouth Boulevard a five bedroom repair on a plan dated 5 2824 subject to um conservation commissioner approval five bedroomroom deed restriction local upgrade approval uh variance reducing the setback um between the well and the SAS from 100 ft to 51 ft hold harmless agreement ment and 5 years of well testing okay second a motion made and seconded all in favor I I that's unanimous thank you very much exellent thank you want to ask uh yes oh thank you for reminding me um uh we approved a director approv plan at 2371 gfer Road yes um and Matt told me there's a complicated history there but we had it in our database that it was a shared system between the two properties yes and yes so can you just clarify what exactly is there okay and the other system is okay because I understand now that really there are going to be two separate systems there going to be two separate systems the condo project was was subdivided if you want to call it that into two areas of of use and the owner the original owner owns the uh the house on the north side and that's where the new septic system when in back in the 90s I guess it was okay and two tanks were installed and tied into the leeching field the owner was not happy original owner was not happy about tying the southern half of the house into that lechin field so when I went up there do did exploratories the septic tank that was provided for 2371 is under the deck MH difficult to hook up so you'd have to tear the deck out which the owner wouldn't be happy with or to put a new tank in which he still wouldn't be happy they get a court order allowing us to do the work within one week okay so I said you know this ain't worth it just put a system on your own piece and that's the end of it okay okay thank you for that it's a hard it's a hard case this this will solve the problem okay great um well we did approve it I just I was trying to reconcile what what our history said versus no you're right okay thank you very much okay thank you very much have a good night okay we are calling the 4:50 p.m. discussion William Smith uh for uh Sally Bron uh this is a lot on M Lane map 89 lot 113 or Mr Smith just present afternoon Sally braon pardon no no no okay please introduce yourselves um I am Barbara Hur my husband Peter and I are looking to build a house on this property that belongs to Sally Brighton okay a small smallish you know um bra not uh shingle style home okay thank you this is I'm Roswell Underwood my aunt is Sally Underwood the seller and I've been assisting her with working with the humph and I'm familiar with the property um my great developed it and all the other properties around it years ago um just here to answer questions on Sally's behalf okay great thank you very much thank you for meeting with us um as as said um Barbara and Peter hum are are interested in purchasing the property Sally Bron is the owner we had done a septic design back in 2017 that was approved and it's now now since expired a copy of that was provided just for reference purposes to to to help our discussion and pro the property is 20 approximately 25,000 ft just under 25,000 Square ft uh it's it's on mumber Lane and River Road we're we're certainly we're well outside the conservation jurisdiction um the the the original 2017 plan did not have any denitrification we're we will propose that uh uh as as required under the the four recent ordinances um the the Humphries would like to to build a a house on the pro property uh I met with Matt he he gave generously gave me some time um a week or so ago and one of the things that we picked up on is that your ordinance does not allow Construction in a uh AE or velocity Zone um slightly different than dep's defic but um that being said there's essentially no part of the property that's not within the the AE or the the ve Zone uh predominantly it's AE which is not subjected to crashing waves and and that sort of thing um and we we will have to come in for variance for that we just wanted to get a sense from the board uh again as the the the humph are going to spend a signifant significant amount of money to purchase the property we we would like to make sure that uh um they're able to to construct on it um this was designed as a two-bedroom home um again without denitrification uh on the 25,000 ft lot with the denitrification we're allowed to to push that a little bit we'd like to go with a 3bedroom home or originally it was going to be two-bedroom home plus uh a garage with a studio Art Studio above it with plumbing um it was you know that could easily turn into an accessory apartment and the advice I got from from that was let's try for the three bedrooms so that's laying the cards on the table and that's what we'd like to do and wanted to get a sense from the board if if if that seemed reasonable I I know where you don't have a plan in front of you an application to approve but we just wanted to get a sense as to um if that's appears workable again notice neighbors have to be notified and that that sort of thing but um the G garage would be attached I a painter so I would have a studio up above the garage and I need a sink and a toilet so okay and we we would hope that we'd be able to um use the Manifest unjustice manifest Justice Mance um Clause because technically uh nothing could be built on the property uh if stricted here to the regulation we were followed okay thank you um let me turn to Matt for any comments you have I think Bill's description is very thorough and um you know with our local regulation uh with the different zones and uh restrictions we have it makes it um difficult for a number of reasons and that's why I you know asked them to come before the board to have this discussion so um yeah I you guys want to okay I'll open up to board members for questions and comments yeah the fact that the um prop that you couldn't construct a house or construct a SE system on the property consistent with the regulation kind of falls into that category of depriving the property owner of substantial use of the property a regulation which US Regulators are not allowed to do kind of so um and um or you know so I I think we have to have some flexibility about about about that that well I always part of my issue isue was the square footage and the number of bedrooms and um but you know speaking with Matt he said if he did support that if it was a nitrogen reducing system that that would allow for um for that change but I was focusing on um it maintaining a two-bedroom status um there was one other um very that I identified when I looked on the gis map which is it's uh almost entirely in an iwpa um which is a interum Wellhead protection area so there's a public water supply within that you heard us earlier talking about that cone of influence because public I'm a member of that system so I know so it draw because it's a bigger system it draws it has a wider cone of influence if you will um so that's something um um that's a concern um they're in the process of finding a new location for that Wellhead as we speak over the last two years 3 years 5 years 15 20 years I've heard that that is problematic we' we've heard on it off um so but it is another variable that should be incorporated in any variants I mean I don't know if there's a um anything on we don't call all that out in in our local regulation um but uh does Title 5 say anything about iwpa that we should be I cogn i' have to look but I just know from dealing with another property you know five six years ago that um you have to I have to check with uh and see what the the current iwpa is allowed and see if we can handle another two or three bedroomroom home added to the system so we're proposing to add our own well oh you're going to add your own yeah at this point because but but I think in terms of proximity to that public well right um You have to see how big the radius is and um and just make sure that whatever they're going to do is not going to impact that radius at all from that well when I looked on the gis map which of course is not necessarily 100% accurate the orange was like pretty much there was one little corner that was not almost the entire property is in the iwpa at least according to the gisis meth that just I would say that needs something to be researched yeah I would have suggest reaching out to D on that one and so all the um septic system components are none of them are in the velocity Zone but they're all no it's all in the the a Zone yeah okay the a Zone okay so that's good I mean I don't know that there's when we've been in different context talking about um uh system components being in the ve zone are like say particularly the septic tank we have this is also directed you know to Mt I mean talking about are there ways either that you would have a requirement let's say in the event of you knew that there was a name storm coming or major event that you would arrange to have the system pumped just in order to prevent the situation where in the velocity on the intensity of the storm could compromise the tank and release the contents of the tank to the environment I don't know if that's the same thing in a flood z um it's not but can I can I just ask is the house going to be raised yes would have to be so the tank would have to be raised in this case yeah I mean oh uh well this is new construction mhm oh so you mean FEMA would require the tank to be raised to no I believe it's um regulations in the yeah regulations be raised horizontally vertically well Title Five um doesn't the title 5 restrictions are for the velocity Zone I don't believe I thought it was the a Zone too I think not it's 214 cuz I think we I think that is the thing that we added okay that we added um um the Restriction to include the flood zone and um and no I got that wrong um 213 construction and velocity Z 213 yeah it's 23 yeah yeah yeah that's the one that um uh so no septic tank hum hum Miss composting toilet shall be constructed in a vzone on a coastal Beach barrier Beach or Dune or in a regulatory floodway yeah except a tank that replaces the tank yeah so it really doesn't apply to new this yeah so these um so um but also says you can't um construct um uh yeah so these Provisions relate to repairs and I don't and then I think you'd have to go to a different provision but I don't think they've like well as you were saying there's a lot of systems that are constructed in you know in FL I don't think there's the requirement to raise the tank well wouldn't it be that it's telling that you can't do it right right it says you can't be construct but so appli a new construction in the terms of the say you just can't do it and then it jumps into the repair part you know except that there's a tank that's been in existence since 95 right right but I don't think I don't think it's in I don't think it's in an a Zone and although I'm not yeah I don't think it's in an AE Zone the regulatory floodway is some this very special designation that I've never really you know the channel of a river or other water course or Adent land areas that must be reserved in order to discharge the base flood without cumul increasing the water surface so I don't think it's a regulatory flood W but it's in vzone vzone is defined yeah but the system is not being installed in the vzone I think your local ordinance supersedes that and includes the a a Zone in the I'm saying so I'm saying you don't I don't that it's um now I guess there the provisions that we have there um I think overlap with that and so there is [Applause] um but sorry so that we Define a flood zone flooded by a 100-year storm or the magnitude of a storm that is greatest to be expected every years except for they said now say every all those 100 years here we added the a Zone to our yeah we it was yes exactly but um so the question is you're going to be seeking a variance from our local regulations based on manifest Injustice um the question is uh I think there's two questions well there's three one is is there any impact of the iwpa and what conditions we might have to impose based on that there's the um eptic tank elevation um consideration whether that's I don't know I'm not an engineer I know the tank will be um will be ballasted so that it won't float it'll have water type covers on it so that it won't be susceptible for water to to get in it that would be both the tank and the pre-treatment uh system M um okay so then um so elevation is not really what you're looking for here um but I think the idea about um requiring pumping prior to and anticipated 10 years 100 years whatever we call them um might be a way of man it that b okay I I just if a repair in the repair situation and you're going to replace a tank and it says if you can raise it out of zones why wouldn't you do it for new construction okay but he okay can can I I'm not an engineer can you do a feasibility question it's if it's possible to do it it's feasible if it's feasible to do it why would we yeah okay do it so that's a question from Mr Smith first uh any anything else that he should be um exploring as part of this variance Sur PR you said there were three questions I only wrote down to iwpa yeah elevation oh bedroom size um if it's if the intention is just to have the art studio then then maybe that a two-bedroom the was originally planned to be two- bedrooms sounds like it's still two bedrooms with an art studio with plumbing for the art and yeah um so uh restriction to two bedrooms that's not a bedroom currently okay that might be something I thought the intention was to go the three-bedroom house with the art studio well we it was they they would like two bedrooms we had uh the art studio above the garage it looked it it you know it could it could be become a a an accessory apartment you know something along those lines so the the thought was well let's just do it for the three bedrooms I think that the you know the plans I saw are our two bedrooms um I I think we'd like to make the system big enough to handle three of if well even if it's only two in the house it'll give us less of a hydraulic loading and we'll be 100t away from any Wells I guess a lot of that will depend on how what we fall into that uh that public well radius too and how how we have to deal with that right okay um well I it sounds like the intention is it for the three-bedroom design I think to be fine but it might be a true better deed restriction just to keep it unstressed okay all right there is a two-bedroom deed restriction on on record right now that was U prepared as as part of this okay need to be no further change okay I I'll just just have to talk to my clients about about defining that number and that's that's not a given that's just a floating out there as part of sure putting everything all the cards on the table kind of for consideration for you're figuring out what your best um put forward will be any other considerations they should be thinking about no I don't think so any further questions you have for us I I think uh that that gives us some direction and we can we can go to the next step and try and get back to you let's hope very near future significant change in the climate that will thank you very much appreciate your time thank you for your time than you for coming in thanks for coming forward and asking for you it's easier to yeah yeah we look on it more favorably when ask before you leave do something we rather say yes to no you know than you thank you okay uh so we did the um working meeting date um any other topics for the next regular meeting unanticipated topics or then we can move straight into a journ I can't think of any okay all right then being near no other business I move that we adjourn this meeting at 5:26 p.m. second all in favor that's unanimous thank you very much everyone have a good night e e e e e e e e