In accordance with MGL, c. 111, § 31, the Eastham
Board of Health has adopted the following regulation to supplement
the provisions of 310 CMR 15.00: The State Environmental Code. The
Board believes that such a regulation for the Town of Eastham is necessary
to protect the public health and the environment.
As used in this chapter, the following terms shall have the
meanings indicated:
BEDROOM
A.
A room or portion of a dwelling providing privacy consisting
of all of the following:
(1)
Floor space of no less than 70 square feet;
(2)
A ceiling height of no less than seven feet zero inches;
(3)
For new construction, a ceiling height of no less than seven
feet three inches;
(4)
An electrical service and ventilation; and
(5)
At least one operable window and a door or other similar device
that provides for a means of escape and access for rescue in the event
of an emergency as stated in State Building Code.
B.
Those rooms or portions of dwellings satisfying the foregoing
criteria shall be considered "bedrooms" regardless of whether they
are referred to or designated as a:
(2)
Finished attic where privacy is provided.
(3)
A finished basement room may be a bedroom if privacy and building
code conforming egress is provided.
(4)
A loft area no less than 70 square feet where privacy is provided.
(8)
Enclosed heated porch where privacy is provided.
(9)
Family room where privacy is provided.
(10)
Rooms with finished cased openings less than 48 inches wide
(except pass-through rooms).
(11)
Rooms with exterior doors may be bedrooms.
(12)
Rooms over freestanding garages that have heat or a bathroom
or both that provides privacy.
(13)
Rooms over attached garages with direct access to the house
that provides privacy.
C.
The following rooms or areas shall not be considered as a "bedroom":
(5)
Unfinished basement or attic.
(8)
Unheated porch or storage area.
(10)
Unheated storage areas over garages.
(11)
If it is necessary to walk through a room to access another
room, then the walk-through room is not a bedroom because privacy
is not provided.
BUILDABLE UPLAND
"Buildable Upland" shall be defined as land which is an area
which is not swamp, pond, bog, dry bog, fresh or salt marsh, areas
of exposed groundwater, stream and/or an area which is not subject
to flooding from high tides.
ENVIRONMENTALLY SENSITIVE LOT
A.
Any lot with a wetland/wetland resource area as identified above,
any land area (whether developed or not) that borders on and is within
100 feet of marshland, tidal flats, coastal dunes, barrier beaches,
coastal banks, coastal beaches, surface water or certified vernal
pool;
B.
Any lot containing a maximum groundwater elevation (adjusted)
which is six feet or less below the natural ground surface elevation
in the area of installation;
C.
Any lot of less than 20,000 square feet in size, developed or
undeveloped, that is directly abutted by three or more developed or
undeveloped properties of less than 20,000 square feet in size.
MULTIUNIT HOUSING
Condominiums, cottage colonies, apartments, apartments incidental
to commercial space, and congregate, cluster, or attached housing
where the land is communally owned but the individual units are either
owned or rented and where the total Title V sewage flow for the lot(s)
is less than 10,000 gallons per day.
NEW SEPTIC SYSTEM
A new septic system is one which is designed to serve a newly
constructed building or one which is designed to handle an increase
in sewage flow as required by changes in the building's use or
changes in habitable space.
NITROGEN-REDUCING TECHNOLOGY
"Nitrogen-reducing technology" is the same as alternative
systems as defined in 310 CMR 15.282(4) which are designed specifically
to reduce, convert or remove nitrogenous compounds.
REPAIR TO A SEPTIC SYSTEM
A repair to a failed system is the replacement of a component
or components to provide a working system of the same sewage flow.
RESIDENTIAL SUBDIVISIONS
Subdivisions where lots are created and intended for the
construction of single-family homes or commercial dwellings.
WETLAND/WETLAND RESOURCE AREA
A.
A "coastal wetland" shall mean any coastal bank, coastal beach,
coastal dune, salt marsh, swamp, flat or other lowland subject to
tidal action, as defined by the Massachusetts Wetlands Protection
Act, MGL c. 131, § 40 and regulations promulgated pursuant
thereto at 310 CMR 10.00: Wetland Protection and/or the Eastham Conservation
Commission.
B.
A "freshwater wetland" shall mean any bank, marsh, swamp, certified
vernal pool, flat or other lowland around a body of fresh water; lake,
pond, river, or stream subject to submersion due to rise and fall
of the level of water in the freshwater body, as defined by the Massachusetts
Wetlands Protection Act, MGL c. 131, § 40 and regulations
promulgated pursuant thereto at 310 CMR 10.00: Wetland Protection
and/or the Eastham Conservation Commission.
Any person aggrieved by the final decision of the Board of Health
may seek relief therefrom within 30 days in any court of competent
jurisdiction, as provided by the laws of the commonwealth.
If any provision of this regulation is declared invalid by a
court of competent jurisdiction, such invalidity shall not affect
any remaining provisions of this regulation. Any part of these regulations
subsequently invalidated by a new state law or modification of an
existing state law shall automatically be brought into conformity
with the new or amended law and shall be deemed to be effective immediately.