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HomeMy Public PortalAboutZone 2 Deed RestrictionsTOWN OF BREWSTER 2198 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-3701 EXT 120 FAX: (508) 896-4538 BRHEALTH@TOWN.BREWSTER.MA.US OFFICE OF HEALTH DEPARTMENT TOWN OF BREWSTER BOARD OF HEALTH LOCAL REGULATION TO SUPPLEMENT TITLE 5 STATE ENVIRONMENTAL CODE ZONE II DEED RESTRICTIONS 1. Authority. In accordance with Massachusetts General Laws, Chapter 111, Section 31 and 127A, the Brewster Board of Health hereby adopts the following regulation to supplement the provisions of the State Environmental Code, Title 5: Standard Requirements for the Siting, Construction, Inspection, Upgrade and Expansion of On-Site Sewage Treatment and Disposal Systems and for the Transport and Disposal of Septage (hereinafter “Title”). This Regulation shall take effect upon publication. 2. Purpose. The purpose of this Regulation is to provide a greater degree of protection to the environment and public health, and greater protection against groundwater contamination and the spread of disease. This Regulation is only intended to apply to areas delineated as “Zone II” as shown on map entitled “Groundwater Protection District, Town of Brewster,” dated February 8, 1999. Said map is on file at the office of the Town Clerk. 3. Definition: Zone II: That area of an aquifer which contributes water to a well under the most severe pumping and recharge conditions that can realistically be anticipated, as defined in Massachusetts Drinking Water Regulations, 310 CMR 22.02 4. To the extent that the application of this Regulation will not result in an interpretation that is less stringent that than the provisions of Title 5, the following procedure shall be applied to the sizing of a subsurface sewage disposal system in areas delineated as Zone II in the Groundwater Protection District: a. Design flow shall be determined by the number of bedrooms. The bedroom count shall be calculated by utilizing the Brewster Board of Health’s Bedroom Definition Regulation adopted on May 23, 2006, as subsequently amended. b. The applicant must design and install a system using the design flow as calculated in Paragraph 3 (a) above unless the Brewster Board of Health makes the specific determination, after a public hearing, that a system using design flows for a smaller number of bedrooms will not negatively impact the public health, safety or welfare of the environment. c. If the new system requires a higher design flow than that allowed for under section 214 of Title 5 entitled Nitrogen Loading Limitations, the applicant shall execute a deed restriction limiting the number of bedrooms permitted upon the subject property. Said deed restriction shall be recorded at the Barnstable County Registry of Deeds and shall be a restriction running in perpetuity with the subject property. d. The number of bedrooms to which a subject property shall be limited will be determined by the Board of Health following Title 5, Section 15.214 Nitrogen Loading Limitations. WWW.TOWN.BREWSTER.MA.US Deed restriction Page 2 Adopted: November 25, 2008 Effective: Upon publication Amended: September 18, 2012 Effective: September 28, 2012 Joanne Hughes, Chairman Board Lem Skidmore Of Keith Johnson Health Mary Chaffee Jose Fernandez Colette Williams, Town Clerk