Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Septic Upgrade topic
No spam. Unsubscribe anytime.
Commission requires NOI, issues determinations for West Dennis septic upgrade at 2 Starboard Way
Summary
The Dennis Conservation Commission approved jurisdictional determinations for an RDA at 2 Starboard Way and issued an enforcement order requiring a Notice of Intent to address unpermitted hardscaping; the proposed septic upgrade itself was supported by the commission.
The Dennis Conservation Commission voted on April 2 to issue wetlands determinations and require a Notice of Intent (NOI) after hearing an RDA for a septic upgrade at 2 Starboard Way in West Dennis.
Philip Tonio of Down Cape Engineering, representing homeowners Todd and Chris Zekowski, told the commission, “We're proposing to replace the existing septic tank with an innovative alternative septic tank, as well as a UV disinfection unit.” He said all work on the septic system would occur outside the 50-foot coastal bank buffer and that a silt-fence work-limit line would be installed to protect resource areas.
Commissioners and a member of the public raised concerns about unpermitted hardscape—deck and patio work—near the buffer. The public commenter asked whether the unpermitted items had been installed by the applicant; Tonio acknowledged the unpermitted work and said the homeowners were willing to cooperate to bring the property into compliance. A commission member noted that a 2020 Board of Health filing required replacement of the septic tank with an innovative alternative system and that COVID-related extensions affected the timing for completing that work.
Commission discussion focused on using a Notice of Intent to allow a full review of the unpermitted hardscape, mitigation options and site conditions. Commissioners moved to close the public hearing and to issue a Positive 5 determination (finding the area and/or work subject to the Dennis wetlands bylaws) and a Negative 2 determination (finding the work is within jurisdictional area but will not alter it). They also moved to issue an enforcement order that includes a requirement to file an NOI to resolve the unpermitted work. The motions were approved by voice vote after members present said “aye.”
The commission asked the applicant to provide additional documentation, including confirmation of groundwater depth relative to the existing leach field and the latest Title 5 inspection report, and indicated that the enforcement order could include a requirement to submit an NOI or lead to other enforcement action depending on the NOI review. The commission’s action does not itself alter the septic design approved by the Board of Health; it requires the owners to document and resolve the unpermitted hardscape through the wetlands review process.
Next steps: the applicants must file the required NOI and provide the requested site and inspection information so the commission can review mitigation and any special conditions.
