[HISTORY: Adopted by the Board of Health
of the Town of Yarmouth 4-7-1989. Amendments noted where applicable]
This regulation is adopted by the Yarmouth Board
of Health under the auspices of MGL c. 111, § 31.
A.
The purpose of this chapter is to protect freshwater
lakes, ponds, rivers and streams from contamination by septic systems.
Phosphorus is well documented as the nutrient limiting biological
productivity in freshwater lakes and ponds. Excessive phosphorus loading
can cause excessive growth of weeds and algae, noxious odors and fish
kills.
B.
The foregoing conclusions are confirmed by findings
set forth as follows:
This chapter applies to all proposed subsurface
sewage disposal systems within new subdivisions or within new ANR
plans submitted after the effective date of this regulation, on land
within Lake Recharge Areas (mapped for the Yarmouth Water Quality
Advisory Committee, 1988, and shown within the Water Resources Protection
Study by IEP, Inc.).
Proposed septic systems which cannot meet the
setbacks required in these regulations on lots which were created
prior to the effective date of this regulation are exempt from these
provisions.
Subsurface sewage disposal systems shall not
be located closer than 300 feet to the lake, pond, river and stream
shoreline (mean high water).
A.
Variance from this regulation may be granted by the
Board of Health only if the applicant can demonstrate to the satisfaction
of the Board that enforcement thereof would do manifest injustice,
and the applicant must also prove to the Board of Health that the
installation of an on-site subsurface sewage disposal system or systems
will not have a significant adverse effect on surface water resources,
lakes, ponds, rivers and streams.
B.
In applying for a variance, the applicant shall be
required to submit, but shall not be limited to, the following items/data:
geohydrological report; direction of the groundwater flow; depth to
groundwater; population density; soil conditions; size, shape and
slope of the lot; existing and known future water supplies; phosphorus
loading calculations; and other information that may be deemed pertinent
by the Board of Health.