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HomeMy Public PortalAboutBoard of Health -- 2013-11-12 Minutes j� - 4 TOWN OF BREWSTER OFFICE OF apt Wit f HEALTH DEPARTMENT of 3 2198 MAIN STREET o ' e> BREWSTER,MA 02631 ✓ _ a° PHONE:(508)896-3701 EXT 1120 ° - �1 ti ° FAx:(508)896-4538 B RHEAL TH@TO W N.B RE W STER.MA.U S BRE 'STER TJN.i CLERK BOARD OF HEALTH MEETING =.+ 4 TUESDAY,NOVEMBER 12,2013 AT 7:00PM TOWN HALL, ROOM B Board Members present: Mary Chaffee,RN,PhD,Chairman;Joanne Hughes, Vice Chairman,Lemuel Skidmore,MS, MPH:Annie Sherwood,RN;Pat Ottolini,RN,MPA,CHA Others present: Nancy Ellis Ice,MPH, CHO,RS,Health Director;Tammi Mason, Senior Department Assistant Call to order: The Chairman called the meeting to order at 7:00PM 1. George Reilly-Title 5 and local BOH Variance requests for Map 47,Lot 73 Hamilton Cartway Discussion; George Reilly presented this to the Board. Attorney Paul Revere was also present to participate in the discussion. The proposed septic plan puts the SAS over 250' from Small's Pond. It will require a property line variance of 3' to the north and 5'to the west and also a 2' variance from the property line to the well. The proposed well for this property is within the zone of contribution, no other surrounding wells are affected. George Reilly stated that the bottom of the SAS is over 30ft to groundwater. The pond is at an elevation of 30ft and the bottom of the SAS is at 64'. Mary Chaffee spoke about the abutters letters. One abutter spoke about an experimental system that was known to fail.Mary Chaffee stated that that is incorrect information and this is an approved system for general use by the State of Massachusetts. Mary Chaffee spoke about the letter of concern from abutters Matt Pawa(which was received at the meeting)and Mr.Pears. Lemuel Skidmore asked about the design for 5 Primrose Cartway and if there was any issue with the SAS being only 13 feet away from abutters proposed reserve area. Nancy Ice stated that only 10 feet is required so there is no problem... Joanne Hughes spoke about the Brewster Board of Health regulations requiring 10,000sf per bedroom for new construction. George Reilly stated that when this application was originally submitted,there was no such regulation. There is a regulation alt the State level that requires that if you want to put a larger system on a smaller lot, nitrogen must be mitigated,which in this case was done. Joanne Hughes asked whether or not this was being considered as a new application. Attorney Revere stated that the previous matter was appealed to Superior Court. He believes that a stay was issued in that proceeding to not move forward and that the stay was to allow a filing with the Board of Health to see if the plan could be improved. This is noted in the filing for this hearing. He also stated that he did speak with Town Counsel about this. He does believe that it is a continued application. Joanne Hughes stated that she would like to see a drip irrigation system as well as a FAST system for better phosphorus mitigation. George Reilly stated that if he did that it would expand the area for the SAS. He thought he could ask for a variance to not have a reserve area and then that might work. There was discussion on moving the well. Joanne Hughes voiced her concern about the well water and any potential future buyers. George Reilly stated that he has done the best he can with well placement,he may be able to get a few more feet but that's not a guarantee. He did state that the Board could stipulate that the well would need to be tested. Mary Chaffee asked about composting toilets. George Reilly believes that is not warranted for this property. Motion: Finding that the FAST system approved for general use affords nitrogen mitigation for 2-bedroom construction, phosphorus will be mitigated by a drip dispersal system added to the FAST System,the SAS will be moved to be 5ft from the property line of the abutter to the north,so as not to infringe on their rights, mandated bi-annual well water testing until the Board of Health is satisfied that the well is safe,house plans will be submitted and a 2-bedroom deed restriction will be recorded, grant the variances requested as well as a variance to the regulation requiring 10,000sf per bedroom and to allow no reserve area. Motion: Joanne Hughes Second: Lemuel Skidmore Vote: 5-0-0 Action: Motion carried 2. J.M. O'Reilly-Appeal of the Health Directors order of upgrade within 28 days for 260 Seaway Road Discussion: John O'Reilly explained to the Board that a septic inspection had been done. The system failed because the bottom of the SAS was 6"from groundwater. The house was sold and his ofce was hired to do the new septic plans. Soil testing has been done. WW W.TOWN.BREWSTER.MA.US BOH 11/12/13 Minutes Page 2 The new owners are requesting that they be allowed to wait until the fall of 2014 to upgrade the septic. They are planning on tearing down the house and rebuilding it. John O'Reilly explained that if they are allowed to wait,the house and the septic system would '§ essentially flip flop spaces. If the upgrade is required now,the system would likely be mounded and variances may be needed due to proximity to the bay. Joanne Hughes asked what mitigation could be done since the groundwater is only 6"from bottom of system. John O'Reilly stated that he believes the owners would be willing to pump the tank as needed through the summer if that would allow them to hold off on the upgrade. There was a question about how long the homeowners have to upgrade the system. Nancy Ice stated the Health Department standard is 28 days,however,she realizes that is an unrealistic time frame,but it usually gets the ball rolling. Title 5 does allow up to a year. Mary Chaffee voiced her concern about the project and the fact that the failed system is so close to groundwater. Motion:Establish the septic system as a tight tank,owners have until Labor Day,2014 to use the house and cannot use the house again until the septic system is replaced Motion:Joanne Hughes Second: Annie Sherwood Vote: 5-0-0 Action: Motion carried 3. J.M.O'Reilly-local variance request for 964 Satucket Road Discussion:John O'Reilly stated that he is asking the Board for a variance to keep the existing barn SAS 280' from Lower Mill Pond and the existing pond house&bunkhouse SAS 210+/-from Lower Mill Pond. ss John O'Reilly stated that this property has a home,3 cottages and there is a proposed bunk house to be built. The owners are planning to demolish and rebuild 2 of the cottages. The total number of bedrooms will be reduced by 1. Conservation Commission has given their approval to pull the cottages from within their setbacks and moved forward with the renovations. There are repairs that need to be done on the septic systems and those will be taken care of ASAP. The property is located on the northwest corner of Lower Mill Pond which would make the lot down gradient from the pond. Motion: Finding that groundwater is greater than 25' and the groundwater flow is down gradient,the total number of bedrooms will be reduced by 1 and keeping in mind that there are repair items to be taken care of as far as the sewage system is concerned,grant the variance of 20'from the barn SAS to the pond and the variance of 90' from the pond house&bunkhouse SAS to the pond. Motion:Annie Sherwood Second: Pat Ottolini Vote: 5-0-0 Action: Motion carried 4. Charlotte Fvfe,Candleberry Inn-request for relief from temporary food permit fees&the required leaching pit inspections Discussion: Charlotte Fyfe stated that she is looking for relief from fees for the temporary food permits and the required septic system inspections. She spoke about the meeting that took place in June with Charles Sumner, Victor Staley,Ben deRuyter and Nancy Ice with regards to the Special Permit Venue Application. At that meeting she thought that she had received permission to hold these events and wouldn't need any other permits. Nancy Ice did speak about the fact that when the approval for the special events permit was granted, it did not automatically grant a food permit. Charlotte Fyfe stated that a food permit for each event is$30 and would add up to almost$500.00. Joanne Hughes asked if something could be added to her current annual permit for these events. Nancy Ice stated that they go by the Federal Food Code and there really isn't any other category except Temporary Food Permit that these could fall under. Mary Chaffee spoke about the Selectmen granting this temporary permit as a test case until the application could be completed. Ben deRuyter asked about what requires a temporary food service permit, and wanted to know if the language in the Food Service Permit could be amended? Nancy Ice stated that her current permit is for Inn guests only and that these other events that she would be holding are in addition to that. Zoning issues were discussed. Annie Sherwood asked Nancy Ice if when, in the future Charlotte Fyfe applies for her annual permit these events would be included in the permit. Nancy Ice stated that she would still need a temporary food permit for the events. Motion:Waive temporary food service permit fees for the remainder of 2013. BOH 11/12/13 Minutes Page 3 Motion: Annie Sherwood Second:Pat Ottolini Vote: 5-0-0 Action: Motion carried Motion: Waive the December septic inspection. Motion: Joanne Hughes Second: Pat Ottolini Vote: 5-0-0 Action: Motion carried Joanne Hughes thought it would be a good idea to add these functions into the yearly permit. 5. Mark Nelson,Horsey Witten Group-discussion of potential changes to Local Title 5 Regulations: • Potential regulatory changes to limit phosphorus from septic systems in sensitive freshwater areas Discussion:Mark Nelson,Horsley Witten Group was present to discuss potential regulatory changes to limit phosphorus from septic systems in sensitive freshwater areas with the Board. Mark Nelson told the Board that he has been working with the Comprehensive Water Planning Committee(CWPC)to try and figure out ways to tighten up and improve current regulations with the goal to minimize to the maximum extent possible the amount of phosphorus that gets into freshwater ponds,where that is the limiting nutrient. He and the,committee are working on looking at assessments of ponds. A memo did go out stating the many different changes being proposed to help solve the issues with the ponds. Mr.Nelson went over some of the potential changes with the Board: - In the areas where the current regulation applies,which is 300 feet in any direction,the regulation could possibly be less stringent on the down gradient side and more stringent on the up gradient side. - 100 foot setback would still stay. - The CWPC would like to recommend that systems within these areas that don't meet the setback requirement would be considered"failed"systems. This would increase the ability to require upgrades. - A time frame for having the existing systems that are within the buffer zones moved out to the maximum extent possible. Some other suggestions were: - If a homeowner wants to expand their system,they would have to meet the 300' setback - If a homeowner is not expanding and can't meet the setback,there can be specific requirements that would have to be met, maybe even a drip irrigation system. - If groundwater is flowing in one direction,the leaching area should be perpendicular to the groundwater flow. Mr.Nelson stated that these recommendations may make it easier to deal with the septic systems that are close to the ponds. There was further discussion on this subject. Mr.Nelson stated that he would be willing to draft a regulation for the Board. He thinks it would be a good idea to get this going as about half the ponds in the town are having issues. Joanne Hughes asked if it was know how many homes were within 300' of the ponds. Mr.Nelson stated that at the moment it is not,but can be determined by using the GIS. There were many questions about the possibility of a revised regulation. The Board agreed that Mr.Nelson would work with the Health Director and Lemuel Skidmore to come up with a proposed draft regulation. • BOH-Substandard septic system upgrade regulation No discussion • BQH-Design,Operation&Maintenance of Small Wastewater Treatment Facilities regulation No discussion • BOH-Proposed regulation on the content and application of fertilizer in the Town of Brewster BOH 11/12/13 Minutes Page 4 Selectmen Ben deRuyter told the Board that the State supposedly has issued a one year extension to the DCPC which pertains to the Fertilizer Regulation. Lemuel Skidmore stated that he would like to see this as a Town Bylaw. 6. Discuss draft Recycling Center Regulation Discussion: Mary Chaffee stated that she had taken the suggestions of Town Counsel,and Bob Bersin,DPW Superintendent and incorporated them into the draft in front of the Board. She did stated that she had received additional comments from Meg Morris of the Recycling Commission just today and will have to add those in as well. There were grammatical changes made to the draft. Mary Chaffee believes that the Board should act on this proposed regulation tonight because of concerns at the Recycling Center. Lemuel Skidmore believes that even though it is not a requirement that a public hearing be held, one should be held. The Board agreed to have a public hearing at their November 26,2013 meeting. 7. Discuss proposed change to one of the Health Director's performance objectives Discussion: Mary Chaffee stated that she had an edit to one of the performance objectives(To provide a brief but thoughtful analysis to accompany Title 5 variance requests considered by the Board of Health;include whether the applicant has sufficiently proven equal environmental protection and/or manifest injustice,and if not,suggest additional information the Board my wish to require from the applicant). Nancy Ice explained to the Board that what Mary Chaffee was suggesting it be changed to,was already what the Board had agreed to and signed off on. I 8. Update on 40 Sean Circle Nancy Ice gave a brief update on her latest inspection at this home. She will go back again in January. 9. Discuss Zoning Board application for Wampum Trail&Sachemus Trail Nancy Ice told the Board that this is a 40B project so they do not have to abide by Board of Health regulations,just the State's. She would like to recommend that they comply with the Boards Bedroom Definition and that they use a shared system and maybe an I/A system. The Board agreed with Nancy Ice's comments. 10. Discuss letter from Pat Nelson re: dog waste Jillian Douglass,Assistant Town Administrator stated that the Selectmen were not in favor of putting dog waste cans at the beaches and that it goes against the Town's current policies. The Board of Health was not in favor of Ms.Nelson's proposal either. 11. Review and approve minutes from 10/15/2013 meeting There was a minor correction. Motion: Approve the minutes with correction. Motion: Annie Sherwood Second: Lemuel Skidmore Vote: 5-0-0 Action: Motion accepted Informational items were noted by the board. Meeting adjourned at 9:30PM 1 x�: