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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