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Home My Public Portal AboutBoard of Health -- 2014-04-01 Minutes •Ow+r TOWN OF BREWSTER OFFICE OF o t ti 2198 MAIN STREET♦ HEALTH DEPARTMENT o Y f*t i BREWSTER,MA 02631 PHONE:(508)896-3701 EXT 1120 _ _ " ��+ g�,� FAX:(508)896-4538 BRHEALTH@R BREWSTER-MA.GOV Board of Health Meeting Tuesday,April 1, 2014 at 7:00PM '`=' 7Ctl Room A 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 Others present: Nancy Ellis Ice, MPH, CHO, RS, Health Director; Tammi Mason, Senior Department Assistant 1. Discussion with Brad Mitchell,Massachusetts Farm Bureau Federation and Agricultural Commission Peter Herrmann, Chairman of Agricultural Commission called his meeting to order at 7:03PM Besides Mr. Herrmann,the following Agricultural Commission members were present: Rebecca Howes, David Miller and David Carlson. Brad Mitchell, Director of Government Relations for the Massachusetts Farm Bureau and Cheryl Sbarra, Attorney for the Massachusetts Association of Health Boards were also present. Attorney Sbarra spoke about her goal of getting the boards of health and the fanners to work together and the role the BOH has when making animal regulations. Brad Mitchell gave a brief background on himself and also stated that his goal was for the BOH and the farmers to work together. There was talk of"site specific" regulations where the farmer does up a plan with his setbacks and management plan for manure, etc. It was stated that animal vaccinations are not a public health issue nor is animal health. It was suggested that General Farming Practices should be followed with a time limited plan so that the BOH can revisit it if the plan is not working. Joanne Hughes stated that she doesn't see a difference between someone coming in with a plan before hand and someone coming in with a plan for a variance request. Brad Mitchell stated that people see "variances" as an exception to the rule when is should be site specific. Annie Sherwood stated that she feels that the regulation is a guide for the people to follow. There was talk about the Reading, MA Animal Regulations. Nancy Ice stated that there does not seem to be a lot of animals there, whereas Brewster has quite a few. WWW.BREWSTER-MA.GOV Mary Chaffee stated that the Board of Health, the Farm Bureau and Agricultural Commission have a lot of shared goals. She stated that she would like to look over the Reading regulation again. They seem to have much more significant setbacks and land size. Lemuel Skidmore stated that in the whole time he has been on this Board there has been only one variance request that he can think of and he doesn't believe that the Board needs to be spending a lot of time on this. Peter Herrmann stated that the consensus of the Commission was to use a case by case basis, make it more of a farmer friendly regulation. David Miller spoke about a guidance document that a group had come up with years ago. Paula Miller thought it would be appropriate to have horse owners be a part of this process of a draft regulation. Agricultural Commission Motion: David Miller-adjourn meeting at 7:46PM. Alex Carlson seconded. 4 yes. 2. Stephen Haas Engineering-local and Title 5 variance requests for 566 Lower Road Mr. Haas stated that this is an existing home with a failed septic system determined from a septic inspection. It was noted that the system was too close to groundwater. The lot is 2 acres but has a very limited upland area to put a septic system in. The following variances are being requested: 1. To allow the SAS to be 17 feet from the foundation 2. To allow the SAS to be 50 feet from a wetland Lemuel Skidmore asked if the Conservation Commission had granted approval yet. Mr. Haas stated that they had already been to Conservation and gotten approval. Joanne Hughes asked what the distance to groundwater was and asked if the level of protection was going to be the same because it is a new system. Mr. Haas stated that it is 4.2 feet and that it would offer the same level of protection. It will continue to be a 4 bedroom home. Joanne Hughes asked if the SAS was perpendicular to groundwater flow. Mr. Haas stated that he was not sure. Nancy Ice stated that she believed the flow was probably going towards the bay. Joanne Hughes stated that she would like to see a drip irrigation system put in. Mr. Haas stated the he didn't see any reason to put that type of system in as it would not make much difference. Motion: Because the system is proposed in the only appropriate location on the lot, it will be 4.2' over groundwater,the flow is away from the wetland and the engineer sees no reason a Drip Irrigation system would be needed, approve the variance requests for the SAS to be 17 feet from the foundation and the SAS to be 50 feet from the wetland from plan #12-144, dated 12/10/13. Motion: Annie Sherwood Second: Lemuel Skidmore Vote: 5-0-0 Action: Motion carried Board of Health 4/1/14 Minutes Page 2 { 3. Trish Graham-local variance requests for 46 Captain Young's Way No one was present. Nancy Ice told the Board that the SAS is approximately 225' to Freeman's Pond. The lot is small with a 3 bedroom system on it. The system was installed in 1985 and is functioning fine as stated in the septic inspection report. Joanne Hughes asked what the distance to groundwater was. Nancy Ice stated that is it 4 feet to the adjusted groundwater. Motion: Finding that this is a functioning system, there is no room on the property to move it, approve the variance request. Motion: Joanne Hughes Second: Lemuel Skidmore Vote: 5-0-0 Action: Motion carried 4. J.C. Ellis Design Co.-local variance request for 22 Pine View Drive Mr. Ellis stated that this is a property that is for sale. The septic system inspection failed as well as the well that is on the property. The following variance is being requested: 1. To allow the leach pit to be in the protective zone of the proposed well Mr. Ellis stated that the current location of the well is the only place where a replacement well could possibly go. Nancy Ice stated that she had forwarded the Board a letter from an abutter with regards to his property and the variance request. Annie Sherwood stated that she was concerned with the flow of the leach pit to the well. Mr. Ellis stated that it is over 40 feet. Motion: Finding that this is an improvement over the current septic system and well, approve the variance request from plan dated 3/25/14,with the caveat that the consulting engineer for the abutter had no outstanding issues with the variance request. Motion: Joanne Hughes Second: Annie Sherwood Vote: 5-0-0 Action: Motion carried 5. Morello's-food permit application Chronis Kalvis, owner was present. The restaurant is basically staying the same as it was previously. A copy of the Assistant Health Director's recommendations was given to Mr. Kalvis. Joanne Hughes asked about the number of seats. Nancy Ice stated that it would be staying the same. Mary Chaffee spoke about the inspection that the Assistant did and the violations (there were 3 small ones). Motion: Approve the food permit application on the condition that the Assistant Health Director's recommendations are met. Motion: Lemuel Skidmore Second: Annie Sherwood Vote: 5-0-0 Action: Motion carried Board of Health 4/1/14 Minutes Page 3 6. Brewster Coffee Shop-food permit application Art Arnold, Owner and Paul Wilson, Chef, were present. A copy of the Assistant Health Director's recommendations was given to Mr. Arnold. There was a question about possible dinner service. Mr. Arnold stated that they are thinking of serving dinner at some point but not right now. He was told to make sure he speaks with the Assistant Health Director prior to making any changes to the operation. Motion: Approve the food permit application on the condition that the Assistant Health Director's recommendations are met. Motion: Joanne Hughes Second: Annie Sherwood Vote: 5-0-0 Action: Motion carried 7. Philip Shakir Estate-local variance request for 282 Gull's Way Jamie Norcross,representative for the estate was present. The system is functioning and did pass the inspection report with the exception of being located too close to the pond. The following variance is being requested: 1. To allow the SAS to remain where it is currently located at 106' from Sheep Pond. Motion: Approve variance request. Motion: Joanne Hughes Second: Lemuel Skidmore Vote: 5-0-0 Action: Motion carried 8. Discuss Planning Board application for 514 Great Fields Road Joanne Hughes stated that the Board of Health would have an interest in this only if they were adding bedrooms. Nancy Ice stated that no additional living space is proposed. Noted. 9. Discuss and nominate Inspector of Animals Motion: Nominate Sherrie McCullough as Animal Inspector for barn inspections only. Nominate Lynda Brogden-Burns as Animal Inspector. Motion: Lemuel Skidmore Second: Pat Ottolini Vote: 5-0-0 Action: Motion carried 10. Review and approve minutes from 3/4/14 meeting There were a few minor corrections made. Mary Chaffee asked that it be noted in these minutes that item #6 was actually a meeting to discuss the Animal Regulations,not Resilient Farms as was stated at the March 4th meeting. Motion: Approve minutes as corrected. Board of Health 4/1/14 Minutes Page 4 Motion: Joanne Hughes Second: Annie Sherwood Vote: 5-0-0 Action: Motion carried Meeting adjourned at 8:30PM Board of Health 4/1/14 Minutes Page 5