HomeMy Public PortalAboutBoard of Health -- 2015-09-01 Minutes TOWN OF BREWSTER OFFICE OF
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BOARD OF HEALTH MEETING _
TUESDAY, SEPTEMBER 1, 2015 AT 7:00PM
TOWN HALL, ROOM A
Board members present: Lemuel Skidmore, MS,MPH,Chairman; Carmen Scherzo, DVM, Vice Chairman;Annie Dugan,RN;
Mary Chaffee, RN, PhD (arrived at 7:10PM)and Joe Ford
Others present:Nancy Ellis Ice, MPH,CHO, RS, Health Director and Tammi Mason, Senior Department Assistant
1. Chairman's announcements
There were no announcements
2. J.M.O'Reilly& Associates-Local variance request for 42 Barberry Lane
John O'Reilly presented this to the Board. The owners are selling the home which abuts Myricks Pond. Mr. O'Reilly stated that the
owner bought the property as a 4 bedroom home and wants to sell it as such. The Disposal Works Construction permit application
lists it as a 2 bedroom even though a 4 bedroom septic system was installed at the time. A new SAS is being proposed but they would
need a 94' variance to the pond. There is 18' from the bottom of the SAS to groundwater.
The Board had questions about the floor plan. Mr. O'Reilly stated that he did go out to the property and did a walk through. Pictures
of the house were submitted to the Board so they could see the rooms. The room that is in question by the Health Director has a large
cased opening with pocket doors. The basement also has a finished room which could be isolated for sleeping. There is room for a 5th
bedroom with the proposed leaching area.
Mr. Skidmore had two concerns: This falls under the Environmentally Sensitive Area and under the regulations no additional flow
can be added. The second concern is that he believes the house is a 4 bedroom but doesn't want to see a 5th bedroom added on this
small of a lot.
Ms. Dugan questioned the 5th bedroom and asked if the owners bought this as a 4 bedroom. Mr. O'Reilly stated again that they did
buy it as a 4 bedroom home.
Dr. Scherzo stated that the Assessor's records show extra bedrooms were done when the house was built. He asked how many rooms
were in the house and how deep of an excavation would need to be done. Mr. O'Reilly stated that there were 6 total and it would be 5
or 6 feet and then they would back fill it with clean sand.
Mr. Ford stated that he believes what is being proposed is better than what is there currently. He also believes that it should be
allowed to stay at 4 bedrooms.
Mr. O'Reilly thinks that it would be punitive for the Board to put a deed restriction on this lot.
Dr.Chaffee stated that she would be comfortable with 4 bedrooms with a deed restriction. Ms. Dugan felt the same way.
Mr. O'Reilly stated that the only reason this lot is in the ESA is because of the pond. If the Board decides to approve the proposed
Pond Nutrient regulation,this lot would not be a restricted lot.
Dr. Scherzo asked about putting a Nitrex system in. Mr. O'Reilly wouldn't recommend that.
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Motion: Finding that the groundwater flow is away from the pond,the depth to groundwater is 18' and one of the rooms in the house
does not meet the definition of a bedroom,approve the variance as requested based on plan#7005 dated 8/17/2015 as a 4 bedroom
home.
Motion: Joe Ford Second: Annie Dugan Vote: 5-0-0 Action: Motion carried
3. 17 Russell's Path-failure to renew 0& M contract for I/A system
Mrs. Ice told the Board that she had not heard back from the County as to whether or not the new owners had been in contact with
them. The Board agreed that if the County has not heard back from the owners within 1 week,they will request that they appear at
the next Board meeting.
4. Discussion on BOH policy regarding New Construction
Mr. Skidmore stated that in his opinion,the definition is not that complex. It's basically saying that if you are replacing a building its
new construction,regardless of what the design flow is. He stated that he would be open to sticking with the Title 5 definition if that's
what the Board wants.
Dr. Scherzo stated that he has some concerns. One is that if this house is on the Bay and it's a small lot and has 4 or 5 bedrooms and
the house burns down and needs to be rebuilt,the definition wouldn't allow for it. The owners would have to make the house smaller
in accordance with that regulation. If the house was in an NSA and burned down,they could replace the home with whatever was
there already. He doesn't believe the homes on the bay should be limited and is in favor of keeping the Title 5 definition of new
construction.
Mr. Skidmore stated that the bay is an ESA, it's just not impaired. The goal is to keep it that way.
There was back and forth discussion on this.
Motion: Keep the Title 5 definition of"New Construction".
Motion:Joe Ford Second: Dr. Scherzo Vote: 5-0-0 Action: Motion carried
5. Discuss Health Director's FY16 objectives
Ms. Dugan suggested that instead of these,maybe Mrs. Ice could give a brief presentation once a month during a work meeting about
what she has been doing.
Dr. Chaffee asked what the purpose of these was and if it was used anywhere else. She would be in favor of doing away with them. It
was also suggested that maybe objectives could be brought up during the year.
6. Discuss and approve minutes from 7/7/2015
Dr.Chaffee asked that a change be made under the 298 Robbins Hill Road discussion.
Motion: Approve the minutes of 7/7/2015 as amended.
Motion: Dr. Chaffee Second: Annie Dugan Vote: 5-0-0 Action: Motion carried
7. Discuss and approve minutes from 7/21/2015
Motion:Approve the minutes of 7/21/2015
Motion: Joe Ford Second: Annie Dugan Vote: 5-0-0 Action: Motion carried
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8. Discuss and approve minutes from 8/4/2015
There was discussion on what was said at the meeting. Mrs. Mason will re look at the video and make the change. It will be brought
back to the Board at the next meeting.
9. Topics the Chairman did not anticipate
None.
Informational items were noted.
Meeting adjourned at 8:20PM
• Any documents related to agenda items are available for review in the Health Department
• To review past/present meetings: www.brewster-ma.gov/documents
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