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HomeMy Public PortalAboutBoard of Health -- 2015-08-04 Minutes e�ewar TOWN OF BREWSTER OFFICEOt �� ,�• �#a 2198 MAIN STREET HEALTH DEeARTN ENT s s BREWSTER,MA 02631 PHONE:(508)896-3701 Exr 1120 ° %fY•,; FAx:(5 08)896-4538 BRHEALTH Ct BREWSTER-h(A.GOV BOARD OF HEALTH MEETING TUESDAY, AUGUST 4, 2015 AT 7:OOPM TOWN HALL, ROOM A Board members present: Lemuel Skidmore,MS,MPH, Chairman; Carmen Scherzo,DVivl,Vice Chairman and Mary Chaffee, RN, PhD Others present: Nancy Ellis Ice,Iv1PH,CHO,RS, Health Director and Tammi Mason,Senior Department Assistant 1. Chairman's announcements Mr. Skidmore spoke about his meeting with the Board of Selectmen with regards to banning smoking on the beaches. He was seeking advice from them on which way to proceed. The Board of Selectmen was in favor of instituting a ban and felt that Town Meeting would be the best way to handle it. This will be discussed at a future Board of Health meeting. He also spoke about a public hearing that CWPC was to hold on August 8`t'but has been postponed. 2. Coastal Engineering-Title 5 variance request for Brewster Green,Units 4-12 Lilac Circle John Schnaible presented this to the Board. This is an existing condominium facility that was built prior to 1996. It is not required that this have a groundwater discharge permit from DEP. The system is in failure. The following variance is being requested: I. To allow the proposed SAS and distribution box to be more than 3 feet from the finished grade Mr. Schnaible stated that they will be keeping the existing septic tanks and will install a new leaching facility. This will be a gravity fed system. Dr. Scherzo asked how much excavating will need to be done. Mr. Schnaible stated it would be around 9 feet. Motion: Finding that the current septic system has failed and a new system will provide adequate protection, approve the variance request for units 4-12 Lilac Circle to allow 6 feet of cover over the proposed SAS and d-box. Motion: Dr. Chaffee Second: Dr. Scherzo Vote: 3-0-0 Action: Motion carried 3. J.M. O'Reilly-Title 5 variance requests for Brewster/Orleans Office Park-Main Street Keith Fernandes presented this to the Board. The current system is in failure. The following variance is being requested: 1. To allow the proposed primary septic tank,the proposed secondary septic tank and the proposed pump chamber to be more than 3 feet from finished grade Mr. Fernandes stated that the system will be H2O and will include a vent. Motion: Approve the variance as requested on the plan dated August 30,2015,allowing the proposed primary and secondary tank and the proposed pump chamber to be more than 3 feet from the finished grade. Motion: Dr. Scherzo Second: Dr. Chaffee Vote: 3-0-0 Action: Motion carried 54. Bennett Environmental-continued Title 5 and Vocal variance requests for 298 Robbins Hill Road David Bennett,Ben Zender,Attorney and Michael Halley,Builder were present. WWW.T0WN.BREWSTER3v A.US ylr. Bennett stated that they had revised the plans so that the system is now designed for 4 bedrooms,not the 5 they originally were asking for. Attorney Zender handed out packets of information on adjacent lots that had received variances from the Board of Health. The new system designed is nitrogen reducing. Mr,Bennett stated that this home has been a 5 bedroom home for a very long time but he did reduce the number of bedrooms to appease the Board. This proposed IIA system will put out 25.5 lbs of nitrogen per year and it is not near any drinking water wells. Mr. Skidmore told Mr.Bennett that the variances on the application were not his concern. He stated that the concern was that you are trying to put a 4 bedroom system where only a 3 bedroom system should be allowed. Mr. Skidmore asked Mr, Bennett if he was making the argument that he is looking for some nitrogen credit from the advanced treatment that he was getting to make this similar to a 3 bedroom system. Mr. Bennett stated that they were. Attorney Zender spoke to the Board about them issuing the same variances to surrounding lots which included an increase in flow and doesn't see how the Board could deny this one. Dr. Chaffee spoke about her concerns with the size of the lot and the number of bedrooms. She asked if they had considered any other septic systems when they were designing this. Mr. Bennett stated that he specifically picked this one because of its history. Dr. Scherzo spoke about the variance regulations and the fact that it limits new construction. He did state that he would be in favor of granting the request for allowing 4 bedrooms. Mr. Skidmore stated that the Title 5 definition of new construction includes a tear down only if there is no increase in design flow,so, if you are claiming the credit for the extra bedroom,then you may be able to fall under the existing construction. Mr. Skidmore asked Mr. Bennett if he was making that case. TvIr. Bennett stated that he was. Mrs. Ice stated that this would still need to be reviewed and approved by DEP, Motion: Approve the variances requests for 298 Robbins Hill Road from the plan dated 7/2312015, also including a deed restriction limiting the number of bedrooms to 4. Motion: Dr. Scherzo Second: Dr. Chaffee(for discussion purposes) Dr. Chaffee asked that finding be included in the motion. Motion: binding that the depth to groundwater is 5' and there is adequate environmental protection with the proposed system, approve the variance requests for 298 Robbins Hill Road from the Plan dated 7/23/2015 which shall include a deed restriction limiting the number of bedrooms to 4. Motion: Dr. Scherzo Second: Dr. Chaffee Vote: 3-0-0 Action: Motion carried 5. Barletta-exemption request for Fuel Storage Tank Regulation—357 Red.Eawn Road The homeowner was not present. They had requested to get a four year extension to replace the oil tank. The Board thought that six rnonths was a long enough extension. The Board asked when the closing was. It was unknown at this time. Mfrs. Ice will get in touch with the homeowners. 6. ,lames Henderson-appeal of Health Director's decision to require a septic upgrade at 391 Main Street Homeowners were present, This system is from 1987 and recently had a septic inspection which failed due to the groundwater being less than 4 feet from the bottom of the system. Mr.Henderson stated that the inspector told him it was in good working order at the BOH 8/4/2015 minutes Page 2 time of the inspection. He believes that the system was installed incorrectly 20+years ago because it would have been close to the groundwater then also. It was explained to Mr. Henderson that groundwater does change and it could have met code in 1987. Motion: Support the Health Director's decision that they owners need to upgrade the system Motion: Dr. Chaffee Second: Dr. Scherzo Vote: 3-0-0 Action: Motion carried 7. Mark Nelson-discuss updated draft of the Pond Nutrient Regulation Mr.Nelson went over changes he had made to the draft regulation that the Board had mentioned last time they met. There was a lengthy discussion on all the issues. Mr.Nelson will go back and make more changes and type up another draft for the Board to review. S. Discuss Health Director's FYI6 objectives Mr. Skidmore asked the Board to consider objectives they would like for Mrs. Ice, It will be placed on the next agenda. Dr. Chaffee asked where this information went and what is done with it after the Board comes up with objectives. 9. Topics the Chairman did not anticipate None. Informational items were noted. Meeting adjourned at 9:1QPM BOH 8/4/2015 minutes Page 3