Health Board To Revisit Nitro Loading Reg Change

CHATHAM – The board of health will revisit recent changes to its nitrogen loading regulations after concerns were raised that the new rules may have shortchanged owners of undersized lots.

The amendment, which went into effect Aug. 1, clarifies that single-family homes on undersized lots are not allowed an extra bedroom with the addition of a nitrogen-reducing innovative-alternative (I/A) septic treatment system.

Under the regulations, one bedroom is allowed per 10,000 square feet of lot area. With the addition of an I/A system, an additional bedroom can be allowed, provided the original number of bedrooms did not exceed the one per 10,000 square foot standard. For instance, the owner of a two-bedroom home on a 20,000-square-foot lot could apply to the board for a variance for a third bedroom. But a two-bedroom home on a lot with less than 20,000 square feet already exceeds the one bedroom per 10,000 square foot standard, according to the new rule, and therefore does not qualify for an additional bedroom, even with an I/A system.

“This felt like it was more in spirit with the intent of the regulation as it was written,” said Health Agent Judy Giorgio. There have been a few calls to the health department about the new rule, she added, and the board turned down one variance request from a homeowner who wanted to add a third bedroom to a two-bedroom house on a lot with less than 20,000 square feet.

“If we make an exception for two bedrooms then the next thing is going to be somebody who has three bedrooms and says, well, three bedrooms isn’t very big, why don’t we put in a fourth bedroom on a 20,000-square-foot lot,” said health board member Richard Edwards.

Even though I/A systems reduce the amount of nitrogen from wastewater, additional bedrooms put a strain on water use, and increase the cost of housing and the likelihood that a dwelling will be converted to a short-term rental, Edwards said.

“All of these things are a problem,” he said, adding that requests for additional bedrooms in the past 18 months “went through the ceiling.”

Health board chair Noble Hansen said the recent variance denial came soon after the regulation was implemented, and board members were concerned that granting one so soon would set a precedent.

One possibility raised by Edwards was conditioning variances for extra bedrooms on a home not being used as a short-term rental. An opinion on that will be sought from town counsel.

Select board member Jeffrey Dykens said while he understood the board’s position, he said that for many families in town struggling to make a go of it in a small home, “two bedrooms doesn’t cut it.” Adding an I/A system, even with an extra bedroom, would result in less nitrogen being discharged into the groundwater, he suggested.

Engineer David Clark agreed that adding an I/A system is beneficial to water quality. “The numbers are crystal clear,” he said.

If the board grants variances for two-bedroom homes on undersized lots but not homes with more bedrooms, that’s not fair, said Edwards. “I have a little problem saying a two-bedroom is a special case,” he said.

For select board vice chair Michael Schell, the issue is one of “reliance and equity.” Homeowners may have made plans or even purchased a house expecting to be able to add an additional bedroom based on the previous regulations.

Allowing extra bedrooms with an I/A system was a “genius” move, said attorney William Riley, because it lowered the amount of nitrogen going into the groundwater. He noted that small homes can be short-term rentals as well, and said the regulation “devalues every two-bedroom house in this town.” He suggested suspending the regulation while further study is done.

Hansen said the board was scheduled to include discussion of the issue on an upcoming agenda.

“We’ve heard what you said,” he said.