HomeMy WebLinkAbout1984-07-09 84-272 ORDERea-nz
Introduced by Councilor Jordan, July 9, 19M
CITY OF BANGOR
(TITLE.) (OrbBry.--andor g Request by Walter Gibbons, Jr. for a
... ... _.... ._..._ _. _. .. _.
Variance under the State of Maine Subsurface Wastewater Disposal
Rules P rop a rt o n Ch a as Road
By the Caw Caul l of do City ofBanyor:
ORDERED9
THAT the City Manager, on behalf of the City of Bangor and
the City Council, is hereby authorized to notify the Department of
Human Services that the City of Bangor does hereby endorse the
request for a variance by Walter Gibbons; Sr. from the strict
requirements of the State of Maine Subsurface Wastewater Disposal
Rules for a lot located on the Chase Road, Bangor, said lot and
the conditions under which said variance is to be granted being
,described in an application form filed with the City Clerk; and
be it further
ORDERED,
THAT the City of Bangor accepts responsibility for any
required enforcement of the conditions under which said variance
is to be granted in the event the proposed wastewater disposal
system for said lot should malfunction.
VTY CLERK
09-272
aR➢ER
Title,
Endorains Request .. Walter Gibbous, Jr.
fox a Variance, under the State oP mine
.................4.....044.*0 4
Subsurface Nastevater RispsNal Rules -
Proper.ty on Chase Read.
4� �neaeeea R rlaa by
.� . r44Counci4
F
7
i Nll3» A1712.�
i
I
u,V6
4
NEW SYSTEM VARIANCE REQUEST zr-z?j
Thismmrshataccon.pan, an Apprcatton fora proposed new tem which requires a Variance to celtainp/onsons
M
the Subsurface
Wastewater Disposal Rules. AOM1eOk or money order for S26W payable to the Treasurer of the
State shall accompany this request form.
The Lpeal Plumbing lnspectorshall netissuea Permitforthe installation olasubsudacewastewat¢rdisposalsystem
until @pprWel Tea been received from the Department.
GENERAL INFORMATION Town Of Bangor
Property Owners Name: Walter Gibbons Jr.
System's Location: Chase ROM
1
ProOerty Owners Address 16 Seater St. - Suited119
Bangor, Maine 04401 wT
e VARIANCE CONDITIONS .w m
The DeOartmenf hastheaothority to varythe requirements ofthe Rulesin accrdancewdM1CMR 291.16 Wthe Rul imir
an the followirq mitede are satisfied:
bthe vmiance request has the Moreover of the LPI.
. The variance request has received written endorsement from the elected municipal officers.
C. The variance request demonstrates that there Is no practical alternative for wastewater dispose[ such as
Remains to public Sewer Or the potential for an easement.
it The prOpcedsys dodo net Conflict with Seasonal Conversion, Shoreland Zoning or Resource Protection.
A saev[e OXers pINenliat for a system which will dispose Of the waztewaterwlth minimal threat to public health,
fery, or welfare.
I. The property owner has indicated an awareness M the variance and any limitations Or added coats the
Proposed system may require.
SPECIFIC VARIANCE REQUESTED Us be filled In by Site Evaluation) rnw. cw.
1, ]t" to mottling - a 4" vexiance is requested 6B(3)(a)
2.
3,
SOIL, SITE AND ENGINEERING FACTORS FOR ASSESSI NO NEW SYSTEM VARIANCE POTENTIAL
(SEE TASLF 161)
CKARLCTgAgr1C MINTASSMSSWmT
5
6 side slope 3
S
0
0
TOTAL POINT ASSESSM ENT 61
revLOCAL PLUMBING INSPECTOR:
Th¢LowlPlumbing InspetlOrshall
ate the
all NeweahlYs Vanancrecastsprior 10submission tothe Division of
also hwsoneLPIshall intlicalethe many iadsrel Position in ogaNsfrthe questiot s request The LPIS hall
property inform
rowner iritic sitflevaeEngineering ofanylatlsrelativelothe vadance request not specifically noted by the
property Owner or oposed sem 1 evdoes
hes beeThe n Shown to Ure Code Enforceemment OX'¢emys not coDnflidwilM1 any Municipal or SIIOrelantl Zoning ordinances, and
CONCLUSIONS: I, LEc.aen rX the undersigned, have visited the above
property and find that it is not possible to Conform tocetlain psovislons W the RLles Theyarlanc request submitted
by the applicant is the best alternative fw a subsurface wastewater disposal system On this property.
Therefore, i recommendthe issuance of pe it for tM1e syslem5 installation as proposed on the application.
SOIL PROFILE 3D
DEPTH TO GROUNDWATER 11^
SIZE OF PROPERTY 2
TERRAIN
WATEfl WOY 5Er6ACK 25G
WATER SUPPLY drilled
TYPE OF DEVELOPMENT single family
DESIGN FLOW min.366X
SEPARATION DISTANCE min.+66%
ADDITIONAL
TREATMENT
NEW SYSTEM VARIANCE REQUEST
Thisform shell accompany an ApPlication fora Proposed new system which requires Variance to Certain provisions
of the Subsurface Wastewater Disposal Rules. A check Or money order for $20.00 payable to the Treasurer W the
State shall accompany this request form.
GENERAL INFORMATION Town
Property Owner's Name: Walter U bborw Sr.
Property Owner's
16 So®er St. - SuiteAllg
04401
The Department has theaulhortyno vary the requirements of the Rules in accordance with OMR 241.16 ofthe Rules if
all the following Criteria are satisfied:
The variance request has the approval M the LPI.
Is. The variance request has received written endorsement from the elected municipal officers.
C. The variance request demonstrates that there Is no practical alternative for wastewater deposal, such as
or hes indicated an awareness of the variance and any limitations or added costs the
may require.
SPECIFIC VARIANCE REQUESTED (To be filled In by Site Evaluator) sww. mcm.
1_ 11" to mottling -variants requested 6s(3)(a)
POTENTIAL
SOIL PROFILE
3D
DEPTH TO GROUNDWATER
ll"
SIZE OF PROPERTY
2
TERRAIN
side slop,
WATEPEODY SETH K
250
WATER SUPPLY
drilled
TYPE OF DEVELOPMENT
single £ainuy
DESIGN FLOW
min.+ fix
SEPARATION DISTANCE
in.+66%
ADDITIONAL TREATMENT
curtain drain
POINTASSESSMENT 1 61
or Shoreland Zoning Old] rental, and
STATEMENTS, JUSTIFICATIONS and RESPONSIBILITIES
PROPIell OWNER: Department end elaborate eberoperty elow theewner shall reasons forprovide accurate requestng the vadenelain to the Site Evaluator the LPl.antl the
Yoe lot was sold to approved house lot from an approved subdiviafon. I have
all my savings tied up in it before I found out the soils wouldn't peak current State
codes.
I. Walter Gibbon jr. amthe Downer, O praspec[ive ownern ofthe bubjeAppowerty
I understand that the installation Illustrated phute Application is nor In total Compliance with the Rules. l have indicated
my reasons for equesting the varianceph. Should the proposed system malfunction, l rated" all EonteTed provided
they have performed theirdNles In a reasOmese and proper mannegand l will prenatally matity the Department of Human
Services and make any corrections the Department finds necessary. By signing this variance request forth, l acknowledge
permission for representatives of the Department toenterontOMe propedyto perform such duties as may be necessary
to evaluate the variance request.
D Signature of Owner an,
D Signature of Prospective Purchaser
HAS REVIEW FEE BEEN ENCLOSED
SITE EVALUATOR:
When an undeveloped Property is found to be unsuitable for subsurface wastewater disposal by a Licensed Site
Evaluator, the Evaluator shell so firearm the property ower. 11 the property owner, after exploring all other alternatives,
wishes to request a Variance to the requirements of the Rules, and the Evaluator in his professional opinion feels the
variance request is justified and that the site limitations can be overcome, he shall document the sof and eke conditions
on the Application. The Evaluator shall list the specific variances necessary plus describe below the prepared system
design and function. The Evaluator shall lumber dea inthe how the specific Silo limitations are to be overcome, and
Provide any other support documentation as required prior to consideration by the Department.
dermnistratiag by observation tubes on the wilacent,Property that diversion
ditches will lower [he s ntl h1¢M1 voter [able sufficient fozins[allation of e
curaubsurfac ewaCer disposal sys[em. I o combin a div n ditch'aad a
taiu draintol..wer she seasonal water table along with nserial distribution of the
absorption fields +66% separation 6 design flosSeven (7) test pita E chancrous borings
identify the soils as uniform 51, it" to mottling, 20" to vestriative layer with a
2 -.% slope.
1, Earle H. Rafcse Jr. ,S.E., manly that a variance to the Rules is necessary since a system
cannot Ce installed which will completely safely all the Rule requirements. In my judgement, I Certify that the proposed
system design on the attached Application is the "at alternative available, enhances the potential of the site for
subsunace wastewater di sl. an that the system should wnttion property.
June 1984
MUNICIPAL OFFICE Aid): SelMman, Councnmm, Alderman, Mayor, Town Manger)
We the undersigned Midame) are aware that the applicant is applying to the Division of Health Engineering for a
variance to the Subsurface Wastewater Disposal Rules as indicated in the application and that the proposed system
does not meet the requirements of the Rules. The proposed valance request Otices ❑tloes not comply with all
Town Zoning requirements and the Municipality D does 0doesnot records the variance request. if endorsed.lhe.
Town accepts the responsibility for any required enforcement of the Rules should the system malfunction.
•.,,awparra.nsm..rv.., ar.
1 16. NEW SfsfF.M VARIANCE.
.__ A.. Lepa[tment Approval =
I1]'A new system which cannot he installed in
Compliance with the Sales requires Department
approval. -
12] The Department will evaluate the merita..n£
criteriastem- variance
following: request haaed on -the
S
[a] For a site ;. that does not cgnply with the
mirfimue soli conditions of Section 6.E.3 and
Table 6-1,the Departmentwill use the criteria
contained in Section 16 C and Table. 16_1. to
evaluate the potential for -a-
-_ variance, A site
located beyond the Mandatory Shoreland Zoning
area.witn a relative point value of:
[i] greater -than 75 has high. potential -
W1,50 to 15 has a law to moderate potential
and will be evaluated_._ paced . _on-,. site modificationa,= engionerlhg,-any best available
techmlogy for subeutface wastewater disposal.
fiiil less then 51 is unacceptable. -
[b] Por -a site that does mt craply with the
minimum setback distances in Section 6.C.2 and
Table 6-2,. the repa[tment will -.,e the
the�riR,T-
------Contained-in` gefio016.C'ex--c—fot 16.C.5, oftesia
tje
SO und engineering practices to evaluate the
potential for a valiance, - '
[c] For a site located within the Mandatory -
Shoreland 20niN area and/or subject to seasonal
Conversion Parmit, the tepac}mant will -use -the--:.:-
criteri contained fn Table 16-1 to evaluate the
potential for the variance o «nversi0n. The
site shall have a relative value of at least 65
points to be considered a«eptable.
S. Review Pee.
[1] A $20 fee shall. be submitted to the n
Department to defray the cost of review and I0 '
processing a New Systm Variance request.
--"
-10-144A CMR 241 Page 16.1 7/80 Rev 5/83- ,
TABLE 16-1
SOIL, SITE AND ENGINEERING FACTORS
USED IN ASSESSING
POTENTIAL FOR ANEW SYSTEM VARIANCE
YOU LAND THAT DOES NOT COMPLY WITH THE MINIMUM SOIL CONDITION CRITERIA
SOIL PROFILE
2,J T
1,8,9
4JLOW�NO
SOILS
POINTS
15
y 10
• '/DEPTHTO
GROUNDWATER
14'
13'
'
10DRAINAGE
POINTS
15
.2O
ACPEAOE
sHO
1G8
5
4
3
0
1PROPERTY
SIZE OF
POINTS
'20
15
4
'z
I
POSITION IN
xoCL uvl/.xp
OPE'TERRAIN
LANO$CAPEPOINT$
6
', 3
Q18TANCE'
>25W
249.150'SETBACK
IVATERRGDY,
POINTS
5
3
I
[2] The review fee does not include a site
visit by the Department -staff.
[3] A check or money order shall be made out
to the 'Treasurer Of State'
G Criteria used by the Department for Approval.
An Application,'a clew, System variance form and
Review Pee shall be subietted to the Department
demonstrating:
[1] LPI approval; -
[2] TheMwici'r�l M£i ers or Mand . use
Rea"Tti CtrNn 7;at th tM1
hcatron rs to n,r�an� -wrth tM1exr
eg l cion, or .... nanswg reldUU111 UV UXsWwdl
systems.
37 [hereisre reasonable alternative for
wastewater disposal o. . such as access Co public
_...
-sewer Or the potential for an easement;
]4] no condi with -Seasonal Conversion
a] and/or
[Section 8. an zor a
sit potential
]5] the rice offers potential --£or system
using
the relative point values obtained £rwm
Gable 1the _-
Iia the propertyslin owner is aware of LM1e
ince and
-
shall prodions
that
all produce tnat a proper deed
covenant has been filed for any property which
covers it bag been
obtains additionalof points for lot size to
ce. The
fined -approval of -t New system variance.' The
atoll that the subject
,covenant halll stie
sub
propertyapproval shall not be subdivided without prior
approval from the ne
tt.
8-U2 b11 inch sized mp from the
Mine Atlas Or a U.S. Topographic SOrvey Map
-shall ecaeach variaaetoques[-and shall
-
�-
sufficientidentification to locate thpboperny,
�n
[g] a valiance shall not be approved for a lot
that had - disposal site approved denial
Municipal or of
unlegsmenthe
Protections subdive reviewing wless. the'
Subdivision
t
applicant can prove Ghat the kite, requiring s
wastewat will provide
pr be[ker treatment oE_ [he
wastewater than the pvevioualy approved sito.
- eE
�*,
10-144A GMR 241 Page 16.4 7/80 Rev. 5/03
D. Rrrit Iesuarce,
The LPI shall not issue a permit for the
installation of a system requiring a New System
Variants without first receiving:
[1] a letter of approval from the Department.
[2] a copy of approved plans and Application
furnished by the applicant.
[3] the appropriate permit fee.
E. Inspection.
[1] The property owner shall retain the
designing Site Evaluator to stake out the
location of the system, fill limits and
establish field elevations at the time of
cOnstruction.
[2] The EPI shall be responsible for the final
inspection and approval of the system.
[3) The Department or its authorized
representative shall have authority to enter
onto a property at any reasonable time £or the
purpo.ses of performing an inspection to determine
cmpliance with the requirements for a 'New
System Variance' request, or to verify the
accuracy of the information provided by the
request.
[4] By signing the 'New system Variance' form,
the owner acknowledges permission for the
Department to enter onto his premises to perforin
such duties necessary to evaluate the variance
request.
10-144A O 241 page 16.5 7/80 Rev. 5/83
I,
(Rig of �Rangor, faire
LEGAL GaPARTMENT
June D, 1984
Rolan E. Miller
any Soliman
Mama To: John W Flynn,City Manager
SuElanvariance R
The variance is being requested .under a provision of
the State Plumbing Code which authorizes the granting of a
variance
from the Code standards in difficult situations. In order for the
variance to be granted, the m mo
municipal officers at indicate that
the application is in compliance with local regulations or ordinances
relating to disposal systems.
Leonard Smith advises me that the only plumbing
regulations in effect in the City of Bangor arise
under the State
Plumbing Code. It is the State Plumbing Code that establishes
the variance procedure. Thus, to the extent the variance
allowable, complies. However, the proposed system and soil
conditions do not comply with the basic standards of the Code.
The property in question is a part of a subdivision
which w approved some time ago, and was owned by Charles Babcock.
Leonardindicatesthat the person who did the soils work initially
made s mistakes and later lost his license. He i now deceased.
The City has experienced other problems with septic systems in
the s subdivision and soils can be beat described as arginal"
at best• m
Until a public sewer is placed nearby for these property
owners to hook up to, I suggest that w notencourage any more
a
development in the subdivision by granting such v It's
more of a policy i s
e than a legal i However,I cdon't see
anything that mandates approval by the City Council.
Refusal to approve the v will likely result i
n
some hardship to the o of the lot18nHowever, I'm afraid that
both he and we will end up with even greater problems if he is
allowed to build on the lot.
R.E.M
tc
cc. Tom Small, Director
Of Code Enforcement
T
Eq
(Rig of �Rangor, faire
LEGAL GaPARTMENT
June D, 1984
Rolan E. Miller
any Soliman
Mama To: John W Flynn,City Manager
SuElanvariance R
The variance is being requested .under a provision of
the State Plumbing Code which authorizes the granting of a
variance
from the Code standards in difficult situations. In order for the
variance to be granted, the m mo
municipal officers at indicate that
the application is in compliance with local regulations or ordinances
relating to disposal systems.
Leonard Smith advises me that the only plumbing
regulations in effect in the City of Bangor arise
under the State
Plumbing Code. It is the State Plumbing Code that establishes
the variance procedure. Thus, to the extent the variance
allowable, complies. However, the proposed system and soil
conditions do not comply with the basic standards of the Code.
The property in question is a part of a subdivision
which w approved some time ago, and was owned by Charles Babcock.
Leonardindicatesthat the person who did the soils work initially
made s mistakes and later lost his license. He i now deceased.
The City has experienced other problems with septic systems in
the s subdivision and soils can be beat described as arginal"
at best• m
Until a public sewer is placed nearby for these property
owners to hook up to, I suggest that w notencourage any more
a
development in the subdivision by granting such v It's
more of a policy i s
e than a legal i However,I cdon't see
anything that mandates approval by the City Council.
Refusal to approve the v will likely result i
n
some hardship to the o of the lot18nHowever, I'm afraid that
both he and we will end up with even greater problems if he is
allowed to build on the lot.
R.E.M
tc
cc. Tom Small, Director
Of Code Enforcement
Bangor, the renter of Maine—the Gateuny to Maine's North Woods and Seashore Resorts r
Y
3
July 5, 1984
Walter Gibbons, Jr.
16 Summer Street
Suite 119
Bangor, Maine 09901
Re: Variance Request
Dear Mr. Gibbons:
Enclosed please find a Council Order to be considered by the
Bangor City Council at its next meeting on July 9, 1984, for approval
of your variance request. S expect there will be some resistance
to the granting of the request; and therefore i suggest that you be
prepared to attend the meeting and bring Mr. Rause with you. Also,
if this matter is Of extreme significance to you, you might want
to consider having an attorney represent you on the matter.
Very truly yours,
Robert E. Miller
City Solicitor
REM: to
Enclosure
cot Tom Small, Director of
Code Enforcement
pCIIIsw..m'
T
1.. m1n,.,.a,.,
..�.,.., m.ae......
QJ.iIQ
of �dangnr, �919amx
.11.. 11.11...,..
July 5, 1984
Walter Gibbons, Jr.
16 Summer Street
Suite 119
Bangor, Maine 09901
Re: Variance Request
Dear Mr. Gibbons:
Enclosed please find a Council Order to be considered by the
Bangor City Council at its next meeting on July 9, 1984, for approval
of your variance request. S expect there will be some resistance
to the granting of the request; and therefore i suggest that you be
prepared to attend the meeting and bring Mr. Rause with you. Also,
if this matter is Of extreme significance to you, you might want
to consider having an attorney represent you on the matter.
Very truly yours,
Robert E. Miller
City Solicitor
REM: to
Enclosure
cot Tom Small, Director of
Code Enforcement