HomeMy Public PortalAboutBoard of Health -- 2013-12-03 Minutes t
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TOWN OF BREWSTER OFFICE OF I
oil W rf HEALTH DEPARTMENT
of " r 3 2198 MAIN STREET
s i s BREWSTER,MA 02631 1
Y Z PHONE:(508)896-3701 ExT 1120
" - — • FAX:(508)896-4538
**VV'I BRHEALTH@TOWN.BREWSTER.MA.US
f REWSTE* TOWN CLERK
BOARD OF HEALTH MEETING �/
TUESDAY, DECEMBER 3, 2013 AT 7:00PM �'6
TOWN HALL 17:54PM
I Board Members present: Mary Chaffee,RN,PhD,Chairman;Joanne Hughes,Vice Chairman,Lemuel Skidmore,MS,MPH:Annie
Sherwood RN;Pat Ottolini,RN,MPA,CHA
Call to order: Chairman called the meeting to order at 7:00pm.
X Board Members absent:
R Others present: Nancy Ellis Ice,MPH,CHO,RS,Health Director;Tammi Mason, Senior Department Assistant;
1. Sweetser Engineering-local variance request from the Private Well regulation&annroval for I/A system for Lot 11
Sarah Maker Lane
Terry Hayes,RS and Mike Williams from Davenport Builders presented this to the Board. The requested variances: To allow the
well to be 11 feet from the property line and to allow the proposed well's protection zone to have an existing septic system within the
250 feet tip gradient zone of the proposed well,were previously granted to the homeowner in 2007. The proposed septic system
z would be I/A system for a 2 bedroom home. There is no town water on this road. Annie Sherwood asked about the surrounding
lots having town water. Terry Hayes stated that there is no town water available on this road. Joanne Hughes stated that she believed
a that there,was no water main on this road but that adjacent lots have it from another road. She did ask if they had requested town
water to be put on that road. Mike Williams stated that he did talk with the Water Department and was told that the homeowner would
t be responsible for bringing the lines onto the road and also for any hydrants that would be needed. It would be at great expense to the
homeowner and is not feasible at this time. Mary Chaffee asked if the I/A system that was being proposed(a Singularfsystem)was
accepted by the state for General Use. Terry Hayes stated that it has Provisional Use Approval,but would be willing to change it to be
a system that is approved for General Use.
Lemuel Skidmore thought it would be a good idea to do well testing for a period of time.
Joanne I-ighes stated that she would feel better about granting variances for this lot if they used a General Use I/A system.
Motion: Approve the variance requests with the mitigation that an I/A system approved for General Use is installed,bi-annual water
testing must be done(if the well fails to produce acceptable water,town water will have to be brought in),and approval is contingent
upon health director's review of the plans.
1
Motion:Joanne Hughes Seconded: Lemuel Skidmore Vote: 5-0-0 Action:Motion carried
There were abutters in the audience that asked if they could speak after the vote was taken.
Ray Flarety spoke about a letter he had dropped off from another abutter(Mr.Monty). He was told that the letter was received by the
I Board.
Mary Chaffee suggested to the abutters that they speak with the Health Director if they had any concerns.
2. I.M.O'Reilly-Local variance request from Leaching Facilities Setback regulation for 123 Landing Drive
Keith Fernandez presented this to the Board. The home is selling and currently has cesspools. They are proposing to upgrade the
4 system but cannot make the 300 foot setback to Greenland pond. They are asking for a 50 foot variance,which would make the SAS
1 250 feet from Greenland Pond,Keith Fernandez stated that groundwater flows in a southerly direction.Joanne Hughes asked if the
I. SAS is proposed to be perpendicular to groundwater flow. Keith Fernandez stated that it was proposed that way.
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BOH 12/31"2013 Minutes
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Motion:Because the groundwater flow is not going towards Greenland pond,the SAS is perpendicular to the groundwater flow,
system is 40 feet to groundwater and is an improvement over the current cesspools,approve the variance as requested.
Motion:Joanne Hughes Second: Annie Sherwood Vote: 5-0-0 Action:Motion carried
3. 1vder&Wilcox-Local variance request from Leaching.Facilities Setback regulation for 18 Cranberry Lane
Stephanie Sequin presented this to the Board. This property is currently a 3 bedroom home that is being sold and the septic system is
going to ble upgraded. They are requesting a variance to allow the SAS to be 232 feet from Vesper Pond. The entire lot is within 300
feet of Vesper Pond and this is the only location the septic system could be installed. Stephanie Sequin stated that she did not know
which way groundwater flowed. Mary Chaffee asked what the depth to groundwater was. Stephanie Sequin stated that is was 38
feet. Annie Sherwood asked about allowing the 1000 gallon tank to remain. Nancy Ice stated that it is allowed to remain because they
are not increasing the flow. There was talk about the SAS being installed perpendicularly to the groundwater flow.
Motion:Being that there is adequate distance to groundwater and the SAS is proposed to be 232 feet from Vesper Pond,approve the
variance request with the condition that the SAS is installed perpendicularly to groundwater flow and is contingent on the Health
Director's final review of the plan.
Motion: Joanne Hughes Second: Annie Sherwood Vote:5-0-0 Action:Motion carried
4. John Sweezev-Local variance request from Leaching Facilities Setback regulation MET)for 69 Sheep Pond prive
John Sweezey,homeowner,presented this to the Board. He is in the process of selling his home and is requesting a variance of 113
{ feet to allow him to keep the SAS 187 feet from the pond. The septic system passed an inspection with the exception of a new d-box.
He stated that there is no other place on the lot for a system to be installed. Height of system vs.pond is about at elevation 60. The
current system was installed in 1990.
Motion: Finding that there is no place else on the lot to put a system,no history of failure and is a Real Estate Transfer,approve the
variance request of 113 feet from SAS to the pond.
Motion:Lemuel Skidmore Second: Joanne Hughes Vote:5-0-0 Action:Motion Carried
5. Mita Gupta and Brendan O'Brien-appeal of the Health Director's decision regarding an addition 60 Scarborough
„toad
AS recused herself from this hearing.
Christopher&Meghan Lyman(builders)presented this to the Board.
The homeowners are proposing an addition above the garage and another part of the garage will be converted into a mud room.They
would like to keep the existing 4 bedroom septic system.They feel that they are not increasing the number of bedrooms. The current
septic system was installed in 2006. The lot does fall within the Groundwater Protection District(Zone II)and cannot be upgraded.
Joanne Hughes asked if the basement room would be considered a bedroom under Title 5. Nancy Ice stated that she didn't believe so
because of egress. The Board went over the floor plan and came up with 11 rooms which makes it a 5 bedroom home and is already
over what they are allowed on that lot.
Ben deRuyter asked if the Board would be able to not count the basement rooms because they are not considered habitat space under
the Building Code.Joanne Hughes stated that it would not be in accordance with the Bedroom Definition if they did not count them.
The Board stated that even if they didn't count those rooms,the home still is over what is allowed on that lot.
The Board cannot approve this because of the size of the proposed addition and did not overturn the Health Director's decision.
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Page 3
Annie Sherwood returned to the meeting
6. pave Michniewicz.Coastal Engineerine-discuss reauested waivers for the ZBA Comprehensive Permit application for
rewster Landing
Mary Chaffee made a statement that she had previously been a client of Coastal Engineering and did not believe this would affect her
decision on this case.
Nancy Ice told the Board that they did look at this application in April.
Dave Miahniewicz stated that this was an informal discussion with the Board.
This proposed project is off of underpass road on Wampum Drive and Sachemus Trail. It is a proposed 31 home site with 82
bedrooms. The site is not in a Zone II. The Selectmen do support this project. It is a 40 B. The septic system would be 9000gpd.
The client would like to provide enhanced treatment even though it is not required. State regulations are applicable not town(they can
be waived by ZBA). Components of the septic system would meet the town requirements. Groundwater is to the North and there are
no ponds',down gradient of the proposed system. Waivers being requested are from the zoning Board of Appeals for the Board of
Health Water Quality Report regulation,and the Design,Operation and Maintenance of Small Wastewater Treatment Facilities
regulation. Dave Michniewicz stated that he is looking for support for those waivers of the regulations from the BOH. The Zoning
Board of Appeals has met once,but there will be several more meetings.
Motion:!The Board does not oppose the waiving of the Water Quality Report regulation.
Motion: Lemuel Skidmore Second: Annie Sherwood Vote: 5-0-0 Action: motion Carried
Motion:The Board is in favor of waiving the Small Wastewater Treatment Facilities regulation as long as I/A system is sized in
compliance with the number of bedrooms.
Motion: Annie Sherwood Second:Pat Ottolini Vote: 5-0-0 Action: Motion Carried.
The Board asked that Nancy Ice include the findings that are on the letter from Dave Michiewicz when she sends the letter to the
Zoning Board of Appeals.
Informational items were noted by the Board.
Joanne Hughes made the suggestion to Nancy Ice that if she cannot review the items for the meeting before hand that she postpone the
meeting a week.
Meeting adjourned at 8:35PM