[HISTORY: Adopted by the Town of Barnstable Board of Health 11-1-1983; revised 1-1-1994, effective 1-1-1994 (Part XII of the 1991 Codification as updated through 6-1-1996). Amendments noted where applicable.]
On-site sewage disposal systems — See Ch. 360.
All requests for variances from the Board of Health or state regulations will be submitted 15 calendar days prior to the scheduled Board meeting. The variance hearing may be held at a later date if the Board has scheduled eight hearings prior to submission of the request.
The variance request shall be made on a form prescribed by the Board of Health.
Plans clearly showing the details of the request must be attached. Plans for on-site sewage disposal systems must be prepared and certified by professional engineer or registered sanitarian for all new construction and shall be submitted at least 15 days prior to the scheduled Board meeting.
Any applicant who submits revisions to plans, required under § 385-3 above, less than ten days prior to the scheduled Board meeting shall be required by the Health Department to postpone the variance hearing to a later date.
No request for variances from 310 CMR 15.00, Title 5, of the State Environmental Code, Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, nor from any other Board of Health regulation listed under Chapter 360, On-Site Sewage Disposal Systems, shall be heard for a new sewage disposal system, nor for an enlargement to an existing system which increases capacity to accommodate additional flows except after the applicant has notified all abutters by certified mail at his own expense at least 10 days before the Board of Health meeting at which the variance request will be on the agenda.
A nonrefundable filing fee of $85 is required. No fee will be required for filing a variance request upgrading existing on-site sewage disposal systems unless the upgrading involves approval of a building permit.
As provided by MGL c.44, § 53G, the Barnstable Board of Health may impose reasonable fees for the employment of outside consultants, engaged by the Board of Health, for specific expert services deemed necessary by the Board to come to a final decision on an application submitted to the Board of Health pursuant to the requirements of the State Environmental Code, Title 5 (310 CMR 15.000), the Town of Barnstable Codes (Chapter 322, 326, 332, 346, 353, 360, 373, 376, 381, 385, 392, and 397), or any other state or municipal statute, code, bylaw or regulation, as they may be amended or enacted from time to time. It is the intention of the Board to use this authority judiciously, generally limited to complex technical matters as those of substantial impact to the Town of Barnstable.
Funds received by the Board of Health pursuant to these rules shall be deposited with the Town of Barnstable Treasurer, who shall establish a special account for this purpose. Expenditures from this special account may be made at the direction of the Board of Health without further appropriation as provided in MGL c. 44, § 53G. Expenditures from this account shall be made only in connection with the review of a specific project or projects for which a consultant fee has been collected from the applicant. Unexpended funds, if any, will be returned to the applicant at the conclusion of the proceedings.
Specific consultant services may include but are not limited to resource area survey and delineation, analysis of impacts on protected resources, areas, values and functions, hydrogeologic and drainage analysis, impacts on groundwater, public water supply wells, private wells, watercourses, coastal banks, wetlands, and environmental or land use law. The consultant shall be chosen by, and report only to, the Board and/or its agent.
The Board of Health shall give written notice to the applicant of the selection of an outside consultant, which notice shall state the identity of the consultant, the amount of the fee to be charged to the applicant, and a request for payment of said fee in its entirety. Such notice shall be deemed to have been given on the date it is sent by certified mail or hand delivered. No such costs or expenses shall be incurred by the applicant if the application or request is withdrawn within five days of the date notice is given.
The fee must be received in its entirety prior to the initiation of consulting services. The Board may request additional consultant fees if necessary review requires a larger expenditure than originally anticipated or new information requires additional consultant services. Failure by the applicant to pay the consultant fee specified by the Board within 10 business days of the request for payment shall be cause for the Board to determine the application is administratively incomplete. The Board shall state such in a letter to the applicant. No additional review or action shall be taken on the permit request until the applicant has paid the requested fee. Failure by the applicant to pay the consultant fee specified by the Board within 10 business days of the request for payment shall be cause for the Board to deny the permit application.
The applicant may appeal the selection of the outside consultant to the Barnstable Town Council, which may disqualify the outside consultant selected only on the grounds that the consultant has a conflict of interest or does not possess the minimum required qualifications. The minimum qualifications shall consist of either an educational degree or three or more years of practice in the field at issue or related field. Such an appeal must be in writing and received by the Town Council and a copy received by the Board of Health, so as to be received within 10 days of the date consultant fees were requested by the Board of Health. The required time limits for action upon the application shall be extended by the duration of the administrative appeal.