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Home My Public Portal AboutBoard of Health -- 2015-12-15 Minutes 6pewe" TOWN OF BREWSTER OFFICE OF -\I- HEALTH HEALTH DEPARTMENT0A 2198 MAIN STREET � , a "s BRrWSTER,MA 02631 °r a PHONE:(5 08)896-3701 EXT 1120 ' FAX:(508)896-4538 !� Tfy,+au�ii w BRHEALTH U BREWSTF,R-MA.GOV BOARD OF HEALTH MEETING ^" TUESDAY, DECEMBER 15, 2015 AT 7:OOPM TOWN HALL, ROOM A f Board members present: Lemuel Skidmore,MS, MPH,Chairman;Carmen Scherzo,DVM,Vice Chairman;Annie Dugan, RN; Mary Chaffee,RN,PhD and Joe Ford I t Others present:Nancy Ellis Ice,MPH,CHO,RS,Health Director and Tanuni Mason, Senior Department Assistant 1. Chairman's announcements The Board was reminded to do the Open Meeting Law requirements for the Town Clerk's office. 2, David Quinn-appeal of the Health Director's decision for 48 Barons Way Mr. Quinn explained that the septic is being upgraded and they want to be able to upgrade it to a 3 bedroom system because that is what the house has. The Health Director denied the request because the property is in Zone It and the permit application states that it is a 2 bedroom. Mr. Quinn handed out copies of the floor plan and pictures to the Board. He explained to the Board that the property is in Zone II and that the house was expanded in 2001 and 2009. In 2001 the house was a 2 bedroom. A septic inspection was done specifically for the addition of a 3rd bedroom. In 2009 another addition was approved for a room above the garage. Mr.Quint stated that the septic has to be upgraded and the Health Director will not approve the 3 bedroom system because of the existing permit which states 2 bedrooms even though two expansions were approved by the Health Dept previously. Mrs. Ice went explained to the Board why it is restricted to 2 bedrooms. Ms. Dugan asked the size of the Lot. Mr. Quinn stated that it was 15,700sf. i Dr. Scherzo asked if they would be willing to put in a Nitrex system. Mr. Quinn stated that if they went that way it would be an ! additional cost of over$13,000 and also a yearly fee of$500 which is much too expensive for the homeowner, Stephanie Sequin from Ryder& Wilcox(in audience for another hearing)asked the Board how they could deny this if there were clearly 3 rooms that met the definition of a bedroom. There was discussion by the Board. Motion: Support the Health Director's decision that this property is a 2 bedroom]ionic. Motion: Dr. Scherzo Second: Annie Dugan Vote: 5-1-0 Action: Motion carried 3. Attorney James M. Norcross-local variance request for 276 Gulls Way Attorney Norcross explained to the Board that this is a fancily sale. The inspection passed with the exception of the SAS being too close to the pond. The following variance is being requested: 1.To allow the SAS to remain 215 feet from the pond i Attorney Norcross stated that this is the only spot on the property where the septic can feasibly be. There are wells surrounding the property. The groundwater flow is toward the pond but they are 23 feet above groundwater. W W W.TO WN.BREWSTER.MA.US i i Motion: Finding that this is a functional septic system that is 20 years old,there is 23 feet to groundwater and there is no feasible way to get it further away from the pond,approve the requested variance of 185feet. Motion: Dr.Chaffee Second: Annie Dugan Vote: 5-0-0 Action: Motion carried 4. Ryder&Wilcox-local variance requests for Lot 6 Mill Pond Drive i Stephanie Sequin was present as well as the property owners. The following variances are being requested: I I. To allow the SAS to be 195 feet from pond 2. To allow the reserve area to be 195 feet from pond 3. To allow a reserve area to be within the proposed well protection zone of lochs well This is a vacant piece of property that has been in the family for 50 years. There is no town water available in this area and all surrounding lots have wells. The entire lot falls within 300 feet of the pond. Groundwater is flowing towards the pond. It was noted that the Water Department was contacted and there are no f nniediate plans to put Town water in this area. Mrs. Sequin spoke about the draft Pond Nutrient Regulation and stated that this proposal is very close to what would be required if that regulation passed. Dr. Scherzo asked about the Eversource right of way. Mrs. Sequin stated that they did file with them but have not heard anything back as of this date. Ms. Dugan asked about vegetation and the possibility of installing a pressure dozed system or a drip dispersal system. Dr. Chaffee spoke about the distance to groundwater. Ms. Dugan asked about the possibility of using one system for both lots. Mrs. Sequin stated that there were problems with that. Lot 8 was also part of this discussion. The following variances are requested for that lot: 1. To allow the proposed well to be 12' from a road layout i There was back and forth discussion on these requests. Mrs. Sequin asked for a continuance. This will be put on the January t9,2016 agenda. 5. Ryder& Wilcox-locat variance request for Lot 8 Milt Pond Drive This was discussed with Lot 6 Mill Pond Drive. This will be put on for the January 19,2016 agenda. 6. Stone L °Oven-Food establishment permit request The owners,Periklis Christou and Christine Kalogirou were present. This is an existing building that was previously a restaurant. They are doing a complete remodel of the kitchen and building. Motion: Approve the Food Service Permit application. The Assistant Health Director's roe omnrendations must be completed and a final inspection roust be done prior to opening. Motion: Dr.Chaffee Second: Joe Ford Vote: 5-0-0 Action: Motion carried 7. Discuss condemning house at 33 Old Long Pond Road BOH 12/15/15 Minutes Page 2 3 Mrs. Ice gave the Board an overview of what was happening. Tire Health Department was called out to tine property by tine Police Department. A full inspection of the home was not done at the time. This property had a fire several years ago and it has been boarded up ever since, Tire owner stated that she has been at the house to go through things and get started on repairs but that she has not been living there. She currently stays in a motel in Hyannis. The Building inspector has not deemed the whole house as unsafe and Inas given the owner permission to store personal belongings and go the house to make necessary repairs. The owner was present and explained her side of tine situation. i Motion: Deere this property unfit for Truman habitation. No one can sleep or live in the house until the Building Inspector had deerned the home to be safe, The owner can use the house as storage and can be on property but must not sleep there. Motion: Dr, Scherzo Second: Joe Ford Vote: 5-0-0 Action: Motion carried S. Discuss and possibly vote on the Pond Nutrient Regulation Dr. Scherzo spoke about his memo of 12/10 which he handed out to tine Board, He wants to incorporate the Montana method into the regulation. There was a lot of back and forth discussion on this whole regulation with all Board members weighing in with their comments. Mrs. lee and Mr. Skidmore will go over all the notes and comments from the Board and talk with Mark Nelson and have him make the changes, A clean copy will be brought to the Board at the January 19,2016 meeting. 9. Review and sign the Title 5 Nitrogen Loading Restriction and Easement for Pine Ridge Road The Board resigned the agreement. 10. Discuss Tobacco Regulation violation Mr. Skidmore stated that the Board did not need to take any action because the FDA will be issuing a fine. 11. Discuss proposed smoking on the beaches ban There were a few words added. This will go on to Town Counsel for review and a public hearing will be scheduled. 12. Discuss Planning Board application for 1573 Main Street Noted. 13. Discuss information from the Barnstable County Department of Health & Environment re: Synthetic cannabinoids The Board was in agreement that Synthetic Cannabinoids should be banned from town. Mrs, Ice will do up a Brewster version and bring it back to the Board for another discussion. 14. Discuss information from Epilson Associates, Inn. re: Mid-Cape Main Replacement Project This is the gas main project that is currently going on. There were not comments from the Board 15. Discuss the public health advisory for Manganese in drinking water The advisory is good to go. It will be posted in the paper and on the Town website. 16. Review and approve minutes front 10/16/15 meeting Motion: Approve minutes. BOH 12/15/15 Minutes Page 3 I Motion: Dr.Chaffee Second: Annie Dugan Vote: 5-0-0 Action: Motion carried 17. Review and approve minutes from 10/20/15 meeting There was a minor change. Motion: Approve Minutes with change. Motion: Annie Dugan Second: Joe Ford Vote: 5-0-0 Action: Motion carried 18. Review and approve minutes from 11/3/15 meeting I Motion: Approve Minutes I Motion: Dr, Scherzo Second: Annie Dugan Vote: 5-0-0 Action: Motion carried 19. Topics the Chairman did not anticipate None. Documents to he sib& The Board signed the Private Well Regulations Informational items were noted. Mrs. Ice handed out budget information. Meeting adjourned at 10:30PM. i i • Any documents related toagenda items are available for review in the Health Department • To review past/present meetings!www.brewster-ma.gov/doctnnents BOH 12/15/15 Minutes Page 4