HomeMy Public PortalAboutZBA 2019-05-15 •
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Orleans Zoning Board of Appeals
Minutes As
May 15, 2019 ORLEANS TOWN CLERK
A meeting of the Orleans Zoning Board of Appeals was held in the Skaket Meeting Room
at Town Hall. In attendance were Chair Michael Marnik, Gerald Mulligan, Bruce Taub,
and George Waugh, constituting a quorum. The meeting was duly noticed.
Absent: Matthew Cole,Peter Jablon, William McCarthy and Emily Van Giezen
Chairman Michael Marnik called the meeting to order at 7:01 p.m.
Upon motion by Mr. Mulligan, seconded by Mr. Taub, the minutes from April 17, 2019
and May 1, 2019 were approved, unanimously.
Mr. Mamik reviewed the Town Meeting articles and action pertaining to the Zoning
Bylaw.
Case#2109(continued from April 3,2019)
New Venture Holdings, LLC has applied for a Variance as set forth in Massachusetts
General Laws, Chapter 40A, Section 10, under Orleans Zoning Bylaw Section 164-31.0
and 164-31.E, for alteration of the nitrogen discharge limits to a proposed sewage disposal
system. The property is located at 14 & 18 Cove Road, Orleans Map #34, Parcels #4 &
#5.
Bob Canning, Health Agent of The Board of Health, appeared at the invitation of the
Zoning Board of Appeals,and presented a brief overview regarding regulations concerning
nitrogen in Orleans. He spoke specifically regarding the Orleans Zoning Bylaw 164-31
Apartment Development. The By-Law requires that when a total density of apartment
developments exceed 2 units per acre of buildable upland,the septic system must be shown
to achieve a nitrogen affluent concentration of 19ppm. He then noted that this project does
not trigger review under Title 5, District II regulations, or the Nutrient Management
Regulations. This By-Law requires that the Board of Health Certify that the system is
capable of discharging effluent at 19ppm.
Mr. Canning then explained the three regulations that govern the amount of nitrogen that
can be discharged on a parcel of land:
• Orleans Zoning By-Law(two distinct sections)
• Orleans Nutrient Management Regulations
• Massachusetts Environmental Code Title 5
In the 14 Cove Road Case the Board of Health was presented with a proposal to install a
Fast 3.0 Technology with Nitrogen Reduction which had the DEP's approval for a
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residential effluent discharge of 19ppm. To further clarify Mr. Canning compared the
calculations of discharge through a nitrogen loading formula. With a Title 5 system the
output equals 35ppm or 0.6469%of the total nitrogen from Septic systems into Town Cove
vs. IA Technology output of 19ppm or 0.3712% of the total nitrogen from Septic systems
into Town Cove. To further clarify, without any treatment a discharge of 45ppm or
0.8191% of the total nitrogen output from Septic systems into Town Cove. It is estimated
that 14 Cove Road would contribute 0.2% if all apartments were at full capacity year-
round.
Currently Town Cove is receiving an annual septic system nitrogen load of 21,060 pounds
per year. The Nauset Estuary(which Town Cove discharges into) is receiving an annual
septic system nitrogen load of 34,563 pounds per year. Presently 62% of the nitrogen in
Town Cove must be reduced.
Mr Canning responded to questions posed by several members of the Zoning Board of
Appeals.
David Lyttle requested a continuance until the June 5th meeting of the Zoning Board of
Appeals. The Board unanimously voted to grant the request.
Upon motion by Mr. Mulligan, seconded by Mr. Taub, a motion to adjourn was voted,
unanimously. The meeting was adjourned at 8:15 p.m.
Respectfully Submitted,
Amber Dauphinais
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