Septic Regulation Passes; Hoffer Voted into Chair

            When N. Douglas Schneider represented homeowners Douglas and Martha Lally before the Marion Board of Health in a public hearing Tuesday afternoon, the board had an immediate opportunity to act on the newly passed regulation requiring the denitrification upgrade to failing septic systems.

            The variance requested for 17 Indian Cove Road by Schneider, Davignon, and Leone was to reduce two things: the depth required above the water table from four to two feet and the new septic tank capacity from the required 2,000 gallons to 1,500 as recommended by the installer.

            Schneider told the board that Douglas and Martha Lally bought their home 10 years ago and that their septic system needs a replacement. They had already opted to install a denitrification system that happens to allow for a two-foot reduction in the distance above the water table under DEP approvals.

            “Given the active family there, it would significantly help their lifestyle if we didn’t have to build a big mound in the front yard,” said Schneider.

            Board of Health Clerk Dot Brown said, “I was glad that we weren’t approving (a new septic system) that didn’t have (denitrification).” Brown did ask of the smaller tank is better off being pumped every two years.

            Marion Health Director Dave Flaherty said that the new system being installed at 17 Indian Cove Road needs more bugs to denitrify so, unless it requires pumping, it’s better off being left alone to enhance its abilities.

            The variance was approved unanimously, and this immediately after the Board of Health had passed the new regulation, also with a unanimous vote.

            While keeping the window open for public comments, Brown reported to the board that by June 30 the board had received 21 comments altogether, 16 in full support of the new regulation, and in enacting it as soon as possible. Five others articulated questions and concerns.

            One of those concerns was that residents would like to see a whole septic plan, “which we agree with,” said Brown. Another concern was from first-time home buyers.

            Brown emphasized that the proposed septic system is required only at the point of fail and is not intended to affect every septic system in Marion. The new regulation is a better value than a current Title 5 system, she said, because of 20 years allowed before being required to connect to the town’s sewer system.

            “An awful lot of hard work was involved there, I appreciate it,” said Board of Health Chairman John Howard.

            Board Vice Chairman Dr. Ed Hoffer said that a couple of responders were clearly cons, not questions. ”Two engaged the regulations, at least two we have to put down as being negative,” he said.

            Howard said he spoke to both dissenters directly.

            “The interesting thing about the money is we’ve actually missed out on the opportunity to get other people’s money because we weren’t in a place to be ready for it,” said Brown.

            Hoffer pointed out that residents hooked to the town’s sewer system are paying more. “This is not a free ride,” he said, “you are paying heavily for it.”

            One live-caller noted the cost of a new denitrification system to be approximately $30,000 and asked if a homeowner with a working Title 5 system but also with a failing leach field it should be a $10,000 cost so why not offer such an upgrade rather than require a $30,000 purchase for all new equipment.

            Time expired on the public hearing and the board voted to close the hearing and then voted unanimously to immediately adopt the new regulation numbered 4.180 in the Marion Board of Health regulations and titled “Septic Systems DeNitrification Regulations.”

            The board briefly discussed the resignation of Public Health Nurse Kathy Downey effective August 19. “You will be missed; you have been a real rock during our coronavirus crisis,” said Hoffer. Brown and Howard concurred.

            The Board of Health also voted to reorganize on Tuesday, and Howard, Brown and Hoffer switched chairs. Hoffer is the new chairperson, Brown the new vice-chairperson, and Howard the new clerk.

            Downey and Health Director Dave Flaherty talked to the board at length about issues ongoing, some relating to the coronavirus and some relating to tick-borne diseases.

            Downey reported that EEE messaging has started and that there have been nine tick-borne-illness cases in the last two weeks. All positive tests were also tested for COVID-19, she said.

            The matter of establishing volunteers from Medical Reserve Corps versus Community Emergency Response Team (CERT) was discussed, along with preparations in the event of negotiating with a hotel to isolate those who test positive for COVID-19.

            Flaherty reported that there have been no closures due to mosquitoes and that yard sprays are free from Plymouth County by calling 781-585-5450.

            There have been complaints at the local beaches due to observed lack of distancing, facemasks and the usage of alcohol.

            On a more positive note, Flaherty reported that the Kittansett (golf) Club and Beverly Yacht Club have their houses in order for summer events.

            The next meeting of the Marion Board of Health was not announced.

Marion Board of Health

By Mick Colageo

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