HomeMy Public PortalAboutBoard of Health -- 2014-10-07 Minutes e�ew+r TOWN OF BREWSTER OFFICE OF
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BOARD OF HEALTH MEETING - - --- - -
TUESDDAY, OCTOBER 7, 2014 AT 7:00PM
TOWN HALL, ROOM A
Board members present: Lemuel Skidmore, MS, MPH, Chairman, Joanne Hughes, Mary Chaffee, RN, PhD
and Carmen Scherzo, DVM
Board members absent: Annie Dugan, RN, Vice Chairman.
Call to order: Chairman called the meeting to order at 7:00PM
Others present: Nancy Ellis Ice, MPH, CHO, RS, Health Director and Tammi Mason, Senior Department
Assistant.
1. Chairman's announcements
Mr. Skidmore spoke about the regulation that Mark Nelson is working on. At this point there is no update for
the Board.
2. Discussion and vote on Section 3.3 (b) ii or Regulations Regarding Variance Requests for on-site
sewage disposal applications and section 3.2 (b) from 2012 Regulation
The Board discussed some changes and agreed to make some changes to 3.2 and 3.3 of the Regulation
Regarding Variance Requests for on-site sewage disposal applications and section 4 of the Bedroom
Definition. These will be re-written and brought back before the Board for review at a later date.
3. Discussion on variances at 255 Robbins Hill Road
Keith Fernandez, from J.M. O'Reilly was present for the discussion. There were variances previously granted
on August 19, 2014. Mr. Skidmore stated that he believes the Board made an error in granting those
variances. Based on the information the Board has, the property does not qualify for a variance. It is not a
failed system and is an existing structure with increased flow because it is going from 4 to 6 bedrooms.
Section 3.3 (b) of the Regulation Regarding Variance Requests requiring a deed restriction cannot be
implemented because the way it currently reads, the property would be restricted to 1 bedroom per 10,000sf.
In the proposed revision that was made tonight, it would be a number determined by the Board of Health,
which would be 4 bedrooms.
Mr. Fernandez stated that this plan was designed by the Board of Health Bedroom Definition, which makes it
a 6 bedroom home. The owners are not adding living space or any rooms. The house is staying exactly the
same. Mr. Skidmore stated that the Board should have gone by Section 4 of the Bedroom Definition which
would allow the Board to approve a smaller system.
Mrs. Hughes does not agree that the Board made a mistake. She believes that the system should be sized to
the house but require a 4 bedroom deed restriction. Mr. Skidmore stated that according to Town Counsel, the
system should not be sized to the house, the system should be sized to the lot and then the house should be
designed accordingly. This situation is backwards because it is an existing home. If we allow the 6 bedroom
system, we would be allowing additional flow in an environmentally sensitive area and that was not the intent
of the bedroom definition.
Howard Hayes, owner of the property gave the Board some history on it. He voiced a strong opinion that he
did not want a deed restriction placed on the property.
Dr. Chaffee stated that the decision that was made in August 2014 was based on the fact that the Board
thought it was a failed system. Mr. Fernandez told the Board that is was never presented as a failed system.
It was always a voluntary upgrade.
Mrs. Hughes asked about Title 5 bedrooms. Mr. Fernandez stated that by Title 5 standards it would be a 5
bedroom home. Mrs. Hughes stated that she would be ok with it being a 5 bedroom system with no deed
restriction and it being a Perc-Rite system.
Dr. Chaffee would rather see a deed restriction be put in place.
Dr. Scherzo believes that the applicant followed the rules that were in place at the time of the request and was
granted the variances accordingly.
Motion: Grant the variance for a 5 bedroom septic system (as was approved for the 6 bedroom on August 19,
2014) finding that it is an upgrade of a septic system that may or may not be failed, the house will stay a Title
5, 5 bedroom. In addition, grant a variance to the Deed Restriction regulation that that no deed restriction
will be placed on this property.
Motion: Joanne Hughes Second: Dr. Carmen Scherzo Vote: 4-0-0 Action: Motion
carried
4. J.M. O'Reilly-Bedroom count review and approval for 300 Foster Road
Dwayne Landreth, Attorney and John O'Reilly were present.
Mr. O'Reilly stated that the owners would like to replace the existing home. The current septic is in good
working order. The home is currently 10 rooms. Mrs. Ice stated that the house would be restricted to 3
bedrooms. The lot is 37,360SF and is in an ESA.
Peter Polhemus, Builder stated that they are limited by Conservation and the Zoning Board as to the footprint
size. The owners do want to keep it the same size, they do not want a large home.
Mrs. Hughes asked about added protection in the septic system. Mr. O'Reilly stated that their intent was to
use the existing septic system but he could do a re-design and put a new system in.
The Board agreed that they would like to see better treatment on the lot. They also stated that they would
like the house to be 3200sf and they will allow the owner to keep the same number of rooms.
5. J.M. O'Reilly-Title 5 variance request for 2070 Route 28
This was previously before the Board. The home is in Brewster and has a failed septic system. Mr. O'Reilly is
asking for an easement to all them to put the new system on the adjacent lot, which is in Harwich.
Dr. Chaffee asked how the Board could give an easement to another town without them approving it first.
Dr. Scherzo thinks that the Planning Board should classify the use of this lot before the Board votes on
anything.
Motion: Approve variance request for an easement for the septic system on the property in Brewster on the
plan dated 9/5/14, revised 9/23/14 to be placed on Harwich property. This is contingent on the Harwich
Board of Health's approval.
Motion: Joanne Hughes Second: Dr. Mary Chaffee Vote: 4-0-0 Action: Motion Carried
6. J.C. Ellis-local variance request for 47 North Pond Drive
Jason Ellis was present. He stated that this is an existing 3 bedroom home with an older style Title 5 system
which is in failure. The lot slopes dramatically from the street to the pond. They will be keeping the existing
septic tank and adding a pump chamber and putting in a new SAS. They are requesting a variance of 154'
from the SAS to the pond and to allow the pump chamber cover to be greater than 36" deep. The cover would
be H2O.
Motion: Approve the variance request from the plan dated 8/18/2014 finding that it is a failed system, it will
be an improvement over what is there currently and the depth to groundwater is adequate.
Motion: Joanne Hughes Second: Dr. Mary Chaffee Vote: 4-0-0 Action: Motion carried
7. J.C. Ellis-local variance request for 72 Wynn Way
This was continued until the October 21, 2014 meeting.
8. Bennett Environmental Associates-Title 5 variance request for 121 Paines Creek Road
David Bennett was present for the discussion. He stated that they will be upgrading the septic system for the
current 5 bedroom home on the property. They are asking for a variance to replace the existing septic tank
with a 2500 gallon split I-I20 compartment tank and a variance to allow the cover to be 59" deep instead of
36".
Mrs. Ice stated that this is in an environmentally sensitive area because it is within 300'of a wetland.
Mrs. Hughes asked if the SAS was the appropriate distance away from the surface. Mr. Bennett stated that it
was.
Mr. Skidmore stated that there is an issue with it being an ESA and an existing house. Mr. Bennett stated
that the home was built in 1980 and had a 5 bedroom septic design. Mrs. Ice stated that the permit says 3
bedrooms.
Mr. Bennett stated that he would like to install a 5 bedroom septic system without a deed restriction because
this is an existing home.
Mr. Skidmore asked if this system had failed. Mr. Bennett stated that it would have because it wouldn't have
met the 4'separation requirement if they had done an inspection.
Steve Berrick, an abutter questioned the amount of disturbance there would be with the trees.
Motion: Grant the variance requested finding that the new system will be an improvement over what is
currently there, has the appropriate distance to groundwater and it is a failed system currently. A variance
shall also be granted to the Deed Restriction Regulation.
Motion: Joanne Hughes Second: Dr. Mary Chaffee Vote: 4-0-0 Action: Motion carried
9. Discuss and vote on amount to be deposited into the Escrow Fund for White Rock Commons
start of construction
Peter Freeman, Attorney Mark Zippo, Developer and Keith Fernandez, PE were present for the discussion.
It was stated that the total cost for the system would be $100,000. Just a tank would be about 1/2 that. What
they are basically looking for it the replacement cost of the leaching area which would be $60,000. The fee for
replacement that should be deposited will be $15,750.00 (25% of replacement cost).
Motion: Approve the 25% fee of$15,750 for White Rock Commons Home Owners Association Inc., which is
the escrow account fee for the I/A system replacement, pending the final homeowners documents.
Motion: Dr. Mary Chaffee Second: Joanne Hughes Vote: 4-0-0 Action: Motion carried
Motion: Give approval for construction to begin
Motion: Joanne Hughes Second: Dr. Carmen Scherzo Vote: 4-0-0 Action: Motion carried
10. Minutes from 6/17/2014 meeting
Motion: Approve minutes as written.
Motion: Joanne Hughes Second: Dr. Mary Chaffee Vote: 4-0-0 Action: Motion carried
11. Minutes from 7/8/2014 meeting
Motion: Approve minutes as written.
Motion: Dr. Mary Chaffee Second: Joanne Hughes Vote: 4-0-0 Action: Motion carried
12. Minutes from 7/22/2014 meeting
Motion: Approve minutes as written.
Motion: Joanne Hughes Second: Dr. Mary Chaffee Vote: 4-0-0 Action: Motion carried
Fee schedule was signed by the Board.
Informational items were noted.
Meeting adjourned at 9:30PM