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Home My Public Portal AboutBoard of Health -- 2013-10-15 Minutes *wisp TOWN OF BREWSTER OFFICE OF Ot !4 2198 MAIN STREET HEALTH DEPARTMENT c1 I =s BREWSTER,MA 02631 r _ PHONE:(508)896-3701 EXT 1120 ° - - ° FAX:(508)896-4538 **te;.t+ BRHEALTH @TO WN.BRE W STER.MA.US BOARD OF HEALTH MEETING NQl1 3 y;�j2 TUESDAY, OCTOBER 15, 2013 AT 7:00PM TOWN HALL 9c/ BREWSTER TOWN CLERK Board Members present: Mary Chaffee, RN, PhD, Chairman; Lemuel Skidmore, MS, MPH; Annie Sherwood, RN; Pat Ottolini, RN, MPA, CHA Board Members absent: Joanne Hughes, Vice Chairman Others present: Nancy Ellis Ice, MPH, CHO, RS, Health Director; Tammi Mason, Senior Department Assistant; Board of Selectmen Liaison Ben deRuyter, Sarah Turano-Flores, Town Counsel Call to order: The Chairman called the meeting to order at 7:00PM 1. Continued BOH local variances hearing for 0 John Wines Lane-Bennett Environmental: David Bennett presented his continued request for BOH local variances to allow the SAS to be 135 ft from Upper Mill Pond and to allow a 3 bedroom home on a 26,175sf lot. Discussion: Mr. Bennett stated that he had revised the plans, has changed the house to a smaller footprint, changed the driveway position and added subsurface drainage for all the gutters. A 3-bedroom Phos-Rid alternative system has been designed and it has been designed so that it is further away from the pond than previously stated. Floor plan has been made smaller. There was a lengthy discussion on the room count. Pat Ottolini asked about composting toilets. David Bennett stated in order to do that it would require 2 different systems. Pat Ottolini asked about the sampling requirements for this particular system. Motion: Recognizing that mitigating measures are being taken in the design of the gallery type septic system that affords the minimum footprint and greatest horizontal separation to the pond and provides both sidewall and bottom of hole area contact with soil for phosphorus absorption,the SAS is oriented perpendicularly to the regional groundwater flow, there is 30' to groundwater, a condition that an 0 & M contract will be in place for 2 years and a change in the design was made to the 2nd floor plan, approve the variance for the SAS to be 135 feet from Upper Mill Pond and allow a 3,825sf variance to allow a 3 bedroom on a 26,175sf lot. A final plan showing the Phos-Rid system and the 6 room design will need to come back to the Board for approval. Motion: Annie Sherwood Second: Pat Ottolini Vote: 3-1-0 Action: Motion carried 2. EAS Survey,Inc.-Title 5 variance request for 111 Charles Street: Annie Sherwood stated that she had filed an Ethics Disclosure form with the Town Clerk and feels there is no reason she cannot be impartial on this request. W W W.TOWN.BREW STER.MA.US The variance request is as follows: 1. To allow the proposed SAS to be 5 feet below grade. SAS will be H-20 loading and it will be vented. Discussion: Ed Stone, EAS Survey, Inc. stated that this house was built in approximately 1917 and the existing septic system was installed in 1963. The bottom of the SAS is approximately 40' from mean high water and the SAS is approximately 500' from mean high water. The septic system is proposed to be H-20 loading and vented. Motion: Finding that any remedial action would be unreasonable,this is allowed by DEP and the SAS will be H-20 loading and vented, approve the variance request to allow the SAS to be 5 feet below grade. Motion: Lemuel Skidmore Second: Pat Ottolini Vote: 4-0-0 Action: Motion carried 3. Coastal Engineering-informal discussion with Board re: 42 Warrens Road: Discussion: John Schnaible, Coastal Engineering told the Board that this was an existing 3 bedroom home but with the proposed renovations it will be a 4 bedroom home. It will be within 300 feet of Freeman's pond, which is a saltwater pond. Mr. Schnaible thinks the BOH Leaching Facility Setback Regulation may not apply to this situation because of that fact. Groundwater flow is to the south, the pond is to the west. He would like to add a chamber to the leaching to accommodate the added living space and is asking if the board would consider granting a variance to allow that before they finalize the plans. Nancy Ice stated that she did speak with the Conservation Administrator and he did say that this did fall under the definition of a pond. John Schnaible agrees with that,but stated again that it is not a freshwater pond. Mary Chaffee stated that she felt that this was subject to the regulation and that it would be considered new construction with the additional living space. She also believes that the Board would be more favorable to this request if an extra level of environmental protection is added with regards to the type of septic system installed. John Schnaible doesn't believe that this site needs that extra level because this is a saltwater pond. Lemuel Skidmore voiced his concern about the bog pond on the property. John Schnaible stated that by definition, it is not considered a pond and is not subject to the regulation. Annie Sherwood asked what the distance would be to the pond. John Schnaible stated that the system would be roughly 200' from Freeman's pond and roughly 150' from the bog pond. Nancy Ice stated that when she did the room count she comes up with 9 rooms which would make it a 5 bedroom home. The floor plan issue will be taken care of through an office visit between the owner of the property and Nancy Ice. Annie Sherwood stated she would like to visit the site. The Board's consensus is that it is a pond and one way or another the Board will need to deal with a variance for this property. 4. Discuss changes to the Regulation Regarding Variance Requests: Sarah Turano Flores, Town Counsel was present to answer questions. She went over her comments on the changes she proposed to section 3.1, Buildable upland, and section 3.4, variances for new construction. She discussed variances as a whole and spoke about the state variance regulations. The Board agreed to send back to TC to work on section 3.4 then have it come back before the board. 5. Discuss draft Brewster Recycling Center Regulations: Mary Chaffee stated that she had incorporated all the previous comments into the proposed regulation. She received more proposed changes from Town Counsel this afternoon and did not have time to add those in. Mary Chaffee will revise the proposed regulations again and then bring them back before the Board for more review. 6. Discuss Design, Operation and Maintenance of Small Wastewater Facilities regulation Nancy Ice stated that these regulations were made before the State had their own regulations. The state regulations are very specific. She believes the Board should keep their regulations for systems under 10,000gpd. The State regulation is for systems over 10,000gpd. The Board agreed to hold off on making any changes to this regulation until after the Nov 12th meeting with Mark Nelson. 7. Discuss proposed draft Regulation on the Content and Application of Fertilizer Use Lemuel Skidmore asked that this be brought up tonight but didn't feel the Board needed to take any action on it. He explained about the Cape Cod Commission declaring the Cape a District of Critical Planning Concern (DCPC). The State did approve that but required that each Town form their own regulations. The towns would have until January 1, 2014 to come up with the regulations in order to be a part of the DCPC. The regulations cannot be more restrictive than the State's regulations (which have not been written yet). The Cape Cod Commission did come up with model regulations for the Board of Health. The Selectmen voted at their October 7th meeting to pursue a Town Bylaw at Town Meeting. If the bylaw passes then the BOH would not have to do anything more. If it does not pass, the BOH still has the option and the time to pass its own regulations. Lemuel Skidmore spoke about the 50%reduction of the nitrogen contribution from fertilizer if the Town participates in the DCPC. 8. Minutes from 9/3/13 Motion: Approve minutes as submitted Motion: Lemuel Skidmore Second: Pat Ottolini Vote: 4-0-0 Action: Motion carried 9. Minutes from 9/17/13 Motion: Approve minutes as submitted Motion: Lemuel Skidmore Second: Annie Sherwood Vote: 3-0-1 Action: Motion carried 10. Minutes from 10/1/13 Motion: Approve minutes with corrections Motion: Annie Sherwood Second: Lemuel Skidmore Vote: 4-0-0 Action: Motion carried 11. Topics the Chairman did not anticipate: Nancy Ice gave an update on 77 Stony Brook Road. The Judge did not rule. Tufts University is proceeding with having a receiver go in. The case was continued for an additional 2 weeks. Informational items were noted by the board. Meeting adjourned at 9:15PM OictED