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Home My Public Portal About2022-11-01 Cultural District Committee Open Session MinutesTOWN OF ORLEANS — BOARD OF HEALTH MINUTES OF MEETING ORLEAN MN CLERK 22 DEC 2 814AN August 18, 2022 The Orleans Board of Health convened this meeting in the Nauset Room of the Orleans Town Hall on Thursday, August 18, 2022. This was a hybrid meeting. The Board of Health members present were: Vice Chairman Mr. John Smith, Board Clerk Mr. Sims McGrath, Mr. John Kanaga, Mr. Luke Chapman, and Chairman Joe Hartung via ZOOM. Also present were: Health Agent Alexandra Fitch, Select Board Liaison Kevin Galligan, Nicole Petricca (owner, 260 Tonset Road), Donald Munroe of Coastal Engineering (representing 107 Main St owner Housing Assistance Corporation (HAC), and Via ZOOM David Quinn (HAC). Vice Chairman John Smith called this meeting of the Orleans Board of Health (BOH) to order at 2:00 p.m. and explained how the public can participate in the meeting remotely or through real- time public access provided by Orleans Channel 18 on the Town website and local cable television. Agenda Item 1 - Public and Press No one was present for public comment. Agenda Item 2 -- Variance Request —260 Tonset Road. Nicole Petricca, an owner of 260 Tonset Road, was present seeking a variance. 260 Tonset Road is an existing dwelling on 15,246 SF of land. In April, before listing the house, the realtor asked the Health Department (HD) to perform a bedroom determination, which resulted in 3 bedrooms total. There are 8 rooms in the home, and the HD evaluated five isolated rooms. Three of the five were isolated rooms on the second floor, the other two were on the first floor, one of which was a walkthrough. The dwelling is documented as two bedrooms on the Assessor's Field Card, and it was listed and purchased as a three -bedroom house. Absolutely no documentation exists in Town Hall records indicating it ever had more than three bedrooms. If the Board determines that this house is anything more than a three -bedroom house, Ms. Fitch recommended that the Board consider issuing a variance to the Housing Code. Its determination first is whether or not these rooms were constructed with the intent of being bedrooms. Room #2 has a ceiling height of 6' 10" where 7 is required and is 55 square feet where 70 is required. Room #3 has a ceiling height of 6'9" where 7 is required. 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation (State Sanitary Code, Chapter II): 410.400: Minimum Square Footage 1 13. In a dwelling unit, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor space; every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor space for each occupant. 410.401: Ceiling Height A. No room shall be considered habitable if more than 3/4 of its floor area has a floor -to - ceiling height of less than seven feet. Room #2: 3% variance for ceiling height and 21% variance for square footage. Room #3: As for the standard of review, the Housing Code says in part that "Except for those conditions enumerated under 105 CMR 410.750(A) through (0), the board of health may vary the application of any provision of 105 CMR 410.000 with respect to any particular case when, in its opinion, the enforcement thereof would do manifest injustice; provided that the decision of the board of health shall not conflict with the spirit of these minimum standards or any other applicable statute, code or regulation." Any variance granted by the BOH shall be in writing and shall not be in effect unless it is filed by the owner in the registry of deeds for the county, or appropriate district thereof, in which the dwelling is located. Mr. Smith asked if the owner was aware that in Orleans you need to have 10,000 square feet per bedroom on your property? (She was not aware and stated that the house was from 1820s.) Mr. Chapman said the taxes were on the square footage, i.e. a two -bedroom. Mr. Kanaga saw it as clearly three bedrooms (onlooking at plans, although it is 3 inches short of regs.). Ms. Fitch said the second bedroom is not disqualified as a bedroom since you do not have to pass through it. Mr. McGrath, re Room #2, noted that on the floor plan it is a small secondary egress and off by a large percentage (55 vs. 70 sf) and is inclined to acknowledge that it is a 4 -bedroom house so that when work is done in future, there is an adequate septic system. (Mr. Smith was concerned that the acreage is not adequate to accommodate a 4 -bedroom septic system, but Mr. McGrath felt that engineering issues are not under this Board's purview. Mr. Smith acknowledged this.) Mr. Chapman asked what constitutes "hardship" — i.e. what would warrant an increase in bedrooms? Mrs. Smith and McGrath responded that the hardship would be that regulatory changes over time relative to when the house was built. McGrath expressed appreciation for the candor that the owners had shown during this process and Mr. Hartung stated that in his experience as a realtor, antique homes rarely have bedrooms 2 on the first floor but are used as such anyway, so that in his opinion the four -bedroom determination would be close enough to meet the criteria with minor variances. No abutters were present. On a motion by Mr. Kanaga and seconded by Mr. McGrath, the Board of Health voted in the matter of 260 Tonset Road to determine that the current house is an existing four - bedroom and that the bedrooms are as listed on the floor plan, (i.e. 2 bedrooms on first floor as listed, and bedroom #3), and the unlisted master bedroom across from #3. Bedroom #2 not a bedroom. There being no further discussion, the roll call vote was 4-1-0. On a motion by Mr. Hartung and seconded by Mr. Kanaga, the Board of Health voted in the matter of 260 Tonset Road, bedroom #3, to approve the variance to State Sanitary Code, Chapter II, 410.400. There being no further discussion, the roll call vote was 4-1-0. Agenda Item 3 — Hearing Request — 56 Clayton Circle. 56 Clayton Circle did not attend the meeting. Updated information about the availability of sewer to that area has impacted the homeowner's plans. Agenda Item 4 -- Hearing Request --107 Main Street. Mr. Munroe from Coastal Engineering appeared on behalf of Housing Assistance Corporation (HAC) to ask that the BOH consider recommending to the Zoning Board of Appeals (ZBA) that they approve the septic system for the 14 rental unit project at 107 Main Street. The Orleans Zoning Bylaw Section 164-31(E) addresses Nitrogen Discharge Limits. The bylaw states that "No Special Permit shall be granted by the Zoning Board of Appeals for apartment or other multi -family housing development when the density exceeds two (2) units per acre of buildable upland area unless the Board of Health certifies that the septic system can achieve an effluent nitrogen concentration of 19 milligrams per liter (mgl) or less, as measured at the point of discharge." 107 Main Street is located in the Residential District and is a 54,450+ square foot lot. It is subject to our Nutrient Management Systems (NMR)s and limited to either its established flow or 1 bedroom per 10,000 square feet of land. The Universal Lodge was in operation when the NMR went into effect, and was a 150 seat function hall. The sewage flow of a function hall is 15 gallons per seat per day (150 x 15 — 2,250). Therefore, the Health Department considers the established sewage flow at 107 Main Street to be 2,250 gallons per day (GPD). This proposed project is within the established flow, and will be using an Innovative/Alternative (I/A) system to meet the 19 ppm as required in the Zoning Bylaw. The SeptiTech/STAR technology they are proposing to use has general use approval from the Mass. Department of Environmental Protection (MA DEP). 3 In the past when the BOH has certified a project like this to the ZBA, it has conditioned the approval of the I/A system on the following: § The system must be under an operation and maintenance agreement throughout its life. § Wastewater effluent must maintain a total nitrogen discharge concentration of 19ppm or less. § In addition to any testing required by the DEP the owner of the property served by the nitrogen removing technology is to test the effluent quarterly for Biochemical Oxygen Demand (BOD), TSS (total suspended solids), and Total Nitrogen (TKN + nitrate -nitrite). § Copies of this analysis must be submitted to the Orleans Health Department within 30 days of the sampling date. § Prior to the approval of the Disposal Works Construction Permit, the developer of the property must record notice at the Registry of Deeds that an innovative technology is being used to treat the sewage at the property, and this teclunology requires ongoing operation and maintenance and sampling costs. Failure to comply with the operation, maintenance and sampling, as required by the DEP and the Orleans Board of Health, may cause a lien to be placed against the property. § All system owner(s) must: • Be provided with a copy of the Approval, the Owner's Manual, and the Operation and Maintenance Manual and the owner agrees to comply with all terms and conditions. • Be informed of all the Owner's estimated costs associated with the operation including, when applicable: power consumption; maintenance, sampling, recordkeeping, reporting, and equipment replacement; • Understand the requirement for a service contract; • Agree to fulfill responsibilities to provide a Deed Notice as required by 310 CMR 15.287. • Agree to fulf 11 responsibilities to provide written notification of the Approval to any new Owner, as required by 310 CMR 15.287(5); • Whether or not covered by a warranty, the System Owner understands the requirement to repair, replace, modify or take any other action as required by the Department or the local Approving Authority, if the Department or the local Approving Authority determines the System to be failing to protect public health and safety and the envirorunent, as defined in 310 CMR 15.303. • Connect the property to a municipal sewer/wastewater treatment facility if it becomes available and are directed to do so by the Board of Health, and/or Board of Water 4 Commissioners, or the equivalent of these Boards, and the existing system shall be abandoned in accordance with 310 CMR15.354. There were no abutters present. After further discussion with Mr. Munroe, and with input from Mr. McGrath on the exact wording of the motion, the Board agreed to the following motion. On a motion by Mr. Kanaga and seconded by Mr. Smith, in the matter of 107 Main Street, the Board of Health voted to support by written letter to the Zoning Board of Appeals, this particular system for this particular site as proposed and that the conditions as outlined will be attached to any Disposal Work Permits when and if issued, recognizing that the purpose of these provisions must be adhered to in order to ensure the 19 ppm standard. There being no further discussion, the roll call vote was 5-0-0. Agenda Item 5 - Administrative. • 14 Colony Drive Based on his inspection of the septic at 14 Colony Drive, the inspector requested a waiver. He described extensive landscaping that would be destroyed if he uncovered the leach pit, which would require a back hoe. In lieu of uncovering leaching component he used a camera from the distribution box to observe the pit and feels he was able to see that it is dry and in working condition. There was no public comment. On a motion by Mr. McGrath and seconded by Mr. Kanaga, the Board of Health voted in the matter of the 14 Colony Drive to approve the waiver as requested. There being no further discussion, the roll call vote was 4-0-1, with Mr. Hartung abstaining. • Septic Installer The Health Department has taken in a new application for a septic installer -- Norgeot INC. The applicant has worked for a local Orleans installer for a long time and is branching out on his own. He has already successfully gone through the interview process with the Health Department. There was no public comment. On a motion by Mr. Kanaga and seconded by Mr. McGrath, the Board of Health voted in the matter of Norgeot Inc. to approve the application for septic installer. There being no further discussion, the roll call vote was 5-0-0. Agenda Item 6 — Health Agent's Report. 5 Items for Future Agenda — Revisit Pay as You Throw (PAYT) The Orleans Select Board (SB) has requested a discussion with the BOH about implementing a PAYT program. The Board packet included a memo from Toni Daley with some Orleans specific numbers. The Board will have an opportunity to ask questions of him at its next meeting and prepare any points of interest that it might want to explore in discussion with the SB. Mr. Hartung asked if there could be a "shorthand" version of what has changed, i.e. what is the difference now and why revisit? Ms. Fitch agreed to prepare a document which will address the issues raised by the Board and include it in the packet for the September meeting. Agenda Item 7— Correspondence. The HD received an email from Paul Ai uann, who made a presentation regarding 18 West Road at. the June meeting. Agenda Item 8 Signatures. Agenda Item 9 — Adjournment. On a motion by Mr. Kanaga and seconded by Mr. Smith, the Board of Health voted to adjourn this meeting of the Orleans Board of Health at 2:51 p.m. Without further discussion, the vote was 5-0-0. Respectfully submitted, Valerie Petersen, Board Secretary Sims McGrath, Jr., Clerk ➢ate Approved/Accepted 6