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HomeMy Public PortalAboutBoard of Health -- 2012-03-20 Minutes eeEwa> " s TOWN OF BREWSTER OFFICE OF O4 .� 9 2198 MAIN STREET HEALTH DEPARTMENT � �,„� % ► BREWSTER,MA 02631 r . PHONE:(508)896-3701 EXT 1120 " pq..,. " FAX:(508)896-4538 ��` BRHEALTH @TOWN.BREWSTER.MA.US BOARD OF HEALTH MEETING TUESDAY MARCH 20, 2012 AT 7:00PM TOWN HALL, ROOM A Present: Joanne Hughes, Chairman, Lem Skidmore, Vice Chairman, Keith Johnson, Mary Chaffee, Jose Fernandez, Nancy Ellis Ice, Health Director and Tammi Mason, Senior Department Assistant. 1. Whitewater-annual report for Epoch NI spoke to the Board to let them know that this company has just taken over the monitoring and could not provide an "annual" report. There have not been any problems with the plant. 2. Bennett Environmental-annual report for Pleasant Bay Health & Living Centers David Bennett&Samantha Farrenkoff were present. DB let the Board know that during 2011 the water quality at Seth's Pond had improved. JH asked about well #DG3 and less monitoring. SF stated that the owner would like to request that testing be done quarterly instead of monthly. The Board previously approved this. The CCC is ok with it also. Motion: MC-allow the Ortho Phosphate testing to be done quarterly. LS seconded. 5 yes. 3. Coler& Colantonio-annual report for Ocean Edge Peter Lewis &Chris Vinega were present. They stated that the plant ran smoothly all year with an exceedence in February and April. 4. J.M. O'Reilly, Inc.-continued variance request for Lower Road This was continued until the April 3, 2012 BOH meeting. 5. J.M. O'Reilly, Inc.-variance request for 161 Center Street The owner would like to construct a 4 bedroom home. They are asking for a variance to allow a 5'reduction to the property line. Other than that request, the system would be installed in complete compliance with Title 5. Motion: LS-approve variance request. MC seconded. 5 yes. 6. Ryder&Wilcox-continued variance request for Lot 43 Landing Drive Stephanie Sequin from R &W and Bill Riley, Attorney for owner were present. This was previously continued because they needed Conservation Commission approval. This is a variance request for the SAS to be less than 300'to a pond. JH spoke about the size of the house and why it should be a smaller size to make it better for the groundwater. BR spoke to the Board about a possible piloting system being installed. He asked if the Board would allow the 4 bedrooms if an alternative system was installed. LS asked about what would happen if the alternative system didn't work properly because it is a very new system. NI stated that she would like to see the approval letter from DEP with regards to this alternative system. This variance request was continued until the April 3, 2012 BOH meeting. WWW.TOWN.BREWSTER.MA.US BOH 3/20/12 Minutes Page 2 7. Alfred Durocher-appealing Assistant Health Directors order of repair for violations of the State Sanitary Code at 19 Tracy Lane Owner did not show up for this discussion. NI will send the Inspector out again to check on it. 8. Felco-variance request for 93 The Channel Way This was continued to the April 3, 2012 meeting. 9. Bennett Environmental-variance request for 67 Owl Pond Road David Bennett stated that this was a voluntary upgrade. They are requesting a variance to allow the SAS to be 54 inches below finished grade. DB stated that because of the Brewster BOH Bedroom Definition, he designed the septic system for 5 bedrooms. NI handed her recommendation to the Board. There was discussion on requiring a vent. Motion: MC-approve variance request with the addition of a vent. KJ seconded. 5 yes. 10. Camp Mitton-variance request Joanne Fay, Camp Mitton and Dan Speakman, Engineer were present. The following variances are being requested: System 1-variance to replace only the pit (system was deemed in failure, pit is in groundwater) System 2-variance to keep SAS closer than 300'to pond System 3-variance to keep SAS closer than 300'to pond The Board is concerned that system 1 is in groundwater also. The Board wants the entire system replaced. JF-asked if they could get an extension on the time to get this done. Motion: LS-grant variances for systems 2 & 3. KJ seconded. 5 yes LS-grant extension for system 1 until the 2013 season. Failing pit must be immediately shut down. KJ seconded. 5 yes. 11. Marie Gould-27 Beach Rose Lane-appeal Health Director's decision Ms. Gould would like to add a 12 foot extension onto her dining room. NI stated that she looked at the floor plan and they have 9 rooms which according to the Brewster BOH Bedroom Definition mean that she has 5 bedrooms. The septic system is only good for 3. The owner showed pictures to the Board. The Board told Ms. Gould that they would not overturn the Health Directors decision due to the size of house and the septic system. 12. Christopher Anderson-variance request for 257 Leland Road Steve Haas was present. This is a Real Estate Transfer Inspection. The leaching is only 170'to the pond. The system was installed in 2008; apparently this was overlooked when it was approved. SH stated that he wouldn't have been able to change the location back then and would still need the variance anyway. Motion: KJ-grant variance. LS seconded. 5 yes. BOH 3/20/12 Minutes Page 3 13. Deirdre Arvidson-discuss Community Innovation Challenge Grant Ms. Arvidson is the Public Health Nurse for Barnstable County. She stated that she could offer some services to the Town that they are currently paying the VNA for. She asked the Board what services they would like to see offered. They did talk about the importance of tanning bed usage and sun safety. 14. Rios Gustavo-violation of State Sanitary Code at 156 King Philip Road NI told the Board that they had not received the green certified card back yet and that this was an on going issue. The Board asked that it be checked again and reported back to the Board at the next meeting. 15. Discuss and vote on the proposed Dogs Banned from Drummer Boy Park Regulation JH spoke about the June 21, 2011 vote by the BOH to support a dog park but not at Drummer Boy Park. MC gave a statement stating that she believes the Board of Health should focus on the health and safety issues, whether or not there should be a dog park in town is not up to this Board. She spoke about the issue of dog waste at the park and what can happen when remnants are left (or not picked up). She spoke about the protection for the kids using the playground. She also spoke about what the BOH's in Massachusetts can do to protect the public. MC encouraged dog owners to work together on making a state of the art dog park, but in the proper place. MC stated that she believes that dogs should be banned from Drummer Boy Park, year round, 24 hours a day. Motion: MC-edit the current proposed Dogs Banned from Drummer Boy Park regulation to state that the ban would be 24 hours a day, year round. LS seconded. It was brought up that it needs to be clear why we would ban dogs year round 24 hours a day from Drummer Boy Park and not the beaches. MC stated that the ban at the beaches is really for summer water quality issues. Vote: 5 yes to ban dogs from Drummer Boy Park year round 24 hours a day. David Karem stated that he had asked to be put on the last agenda so that he could speak and he was not allowed to at the last meeting because the full Board was not there and was under the impression that he would be allowed to speak at this meeting. JH said that he could have a few minutes now if he would like. He stated that he could not get through all his issues in just a few minutes. MC told Mr. Karem that she would like to see him use his energy to promote his plan for a genuine dog park in a different spot. There was talk amongst the audience about a statement made by the Chief of Police. The Board was unaware of any statement that was made. Mr. Karem asked that he be allowed to talk about his mitigation plan. JH stated that he could leave it with Nancy Ice and they would look at it later. Ed Lewis and Dan Rabold, Selectmen asked why there was no public hearing on the amended proposal. They were told that according to Town Counsel the BOH was not required to hold another public hearing. 16. Discuss Planning Board application for Breakwater Fish &Lobster Noted. 17. Continued discussion on changing the way variances are issued JH presented the proposed change to Section 3.1 of the Regulation Regarding Variance Requests. The proposed change will state that for new construction, when compliance to the 300'setback for ponds and lakes can't be met, the design BOH 3/20/12 Minutes Page 4 flow of the system shall be equal to or less than one bedroom per 10,000 square feet of lot size. The board will hold a public hearing on this at the May 15, 2012 meeting. Motion: LS-adopt this and add a new section into the Variance Regulations, under Section 3.1D. KJ seconded. 5 yes. 18. Discuss letter from DPH re: Sanitary Survey for Tier 3 Status for Ellis Landing and Saints Landing beaches This was a DPH survey to see if these beaches met the criteria for a variance to only test the water once a month. Motion: LS-approve status for beaches until there is a problem or 5 years has been reached. Testing shall be done every 30 days. KJ seconded. 5 yes. 19. Discuss nomination of Inspector of Animals Motion: MC-appoint Sherrie McCullough and Lynda Brogden Burns as Animal Inspectors. KJ seconded. 5 yes. 20. Minutes from 1/17/12 meeting One minor change. Motion: KJ-approve as amended. LS seconded. 5 yes. Bills to be paid were signed by the chairman. Add on's NI spoke about 77 Stony Brook Road MC spoke about the Recycling Committee. She would like to give a power point presentation at the next BOH work meeting. Meeting adjourned at 10:00pm. t"1/ t �n�