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