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HomeMy Public PortalAboutBoard of Health -- 2016-06-21 Minutes xwu TOWN OF BREWSTER a��u�pEWgT�yy OFFICE OF •°'" F 2198 MAIN STREET HEALTH DEPARTMENT °' "••+9� 3 :>E BREWSTER,MA 02631 ~0 4 PHONE:(508)896-3701 EXT 1120 FAx:(508)896-4538 �a�enianriimnn�� BRHEALTH C7 BREWSTER-MA.GOV BOARD OF HEALTH MEETING TUESDAY, JUNE 21, 2016 AT 7:OOPM TOWN HALL, ROOM A Board members present: Joe Ford,Vice Chairman,Annie Dugan,RN and James Gallagher Board members absent: Mary Chaffee,RN,PhD and Cannen Scherzo,DVM Others present,Nancy Ellis Ice,MPH,CHO,RS,Health Director 1. Chairman's announcements The Board noted that Dr. Scherzo could not be present for this meeting and that Joe Ford will be the Chairman for this meeting. 2. Moran Engineering-Title 5 and local variance requests for 6 Seaman's Lane Moran Engineering was not present. This was continued until the July 5,2016 meeting. 3. Eldredge Surveying-seeking approval for an I/A system on an undersized lot for an additional bedroom-54 Thousand Oaks Drive Terry Eldredge presented this to the Board. The existing house is to be torn down and they want to rebuild a 4 bedroom home. Mr. Eldredge stated that according to the Board of Health Bedroom Definition,the house would technically be considered 5 bedrooms. What they would like to do is install a 5 bedroom system to comply with the town's defmition but only have 4 actual bedrooms and have a deed restriction recorded that would state that. Mr. Ford spoke about a previous meeting that this had come up at and the owner at the time was told that he would not be allowed to have 4 bedrooms because the lot was too small. He questioned the number of rooms in the house and stated that in looking at the floor plan, it appears that the home would be 7 bedrooms by the BOH defmition. Ms.Dugan asked what the original flow was on the permit. Mrs. Ice stated that it was permitted for 4 bedrooms. Mr. Eldredge stated that it is currently a 4 bedroom home and would remain as such. Mr. Gallagher asked Mr. Eldredge if he would still design the system for 5 bedrooms if the Board allowed the deed restriction. Mr. Eldredge said he could take out a chamber if necessary. Mr. Gallagher stated that he is more in favor of allowing the larger design with the deed restriction. Mr. Gallagher asked if monitoring was required with or without a deed restriction. Mr.Eldredge stated that monitoring is required by the State 1 time per year. It is up to the Board if they want to impose stricter monitoring. Mr. Gallagher asked if the Board had the authority to go to the home to check that the number of bedrooms are accurate. Mr. Eldredge stated that the Board can come out to do a site visit if they wished. Motion: Approve the request by Eldredge Surveying on plan no.B-4271-01.0,dated 5/3/2016 for the use of an I/A system. A 4 bedroom deed restriction shall be imposed. Bill Jennings,an abutter came forward and stated that he was concerned with the I/A system and who would be maintaining it. He also believes that a deed restriction should be required. W WW.TOWN.BREWSTER.MA.US BOH 6/21/2016 Minutes Page 2 Motion: Annie Dugan Second: James Gallagher,for discussion purposes. There was discussion on the wording for motion. Motion: Approve the request by Eldredge Surveying on plan No.B-4271-01.1,dated 5/3/2016 for use of an I/A system(designed for a 5 bedroom)with a 4 bedroom deed restriction. The exercise room,office and hobby room will be not be considered bedrooms and are not to be used as such. If it is determined that those rooms are being used as bedrooms the Board of Health or its agents will do a site visit. Motion: Annie Dugan Second: James Gallagher Vote: 3-0-0 Action: Motion carried 4. J.M.O'Reilly&Associates—after the fact Title 5 variance request for 300 Foster Road John O'Reilly presented this to the Board. He was here previously and had variances approved by the Board. Upon installation,the installer made some changes to the installation. This meant that the previously granted variances were incorrect now. The variances needed now are as follows: 1. Allow the proposed SAS to be 4' from property line 2. Allow the proposed SAS to be 11.7' from foundation 3. Allow the proposed septic tank to be 4.4' from property line 4. Allow proposed septic tank to be 9' from the foundation Motion: Approve the requested variances. Motion: James Gallagher Second: Annie Dugan Vote: 3-0-0 Action: Motion carried Kate McCauley,a neighbor to this property questioned how this could have happened and what the accountability was for something like this happening. Mr. Gallagher asked Mr.O'Reilly why it happened. Mr. O'Reilly stated that the installer did not call to have the site mapped out. When they went out to do the measurements for the as-built they noticed that they were off and the system had not been installed as per the plan. The installer was one that should have known that this was unacceptable. 5. J.C.Ellis Design Co.,Inc.—Title 5 variance request for 6 Pilots Way Jason Ellis presented this to the Board. He stated that there were variances previously granted by the Board in March of 2015. The system was installed recently and was not done exactly as designed. The variances needed now are as follows: 1. Allow the SAS to be 8.1' from the lot line(parcel 87) 2. Allow the septic tank to be 9.5'from the lot line(parcel 87) 3. Allow the SAS to be 7.7' from the foundation Mr. Gallagher asked if this was a new installer and if he had heard from the abutter. Mr.Ellis stated that it was not a new installer and that he had not heard anything from the abutter. Motion:Approve the variances as requested as the discrepancies are diminimis,there were no abutter concerns and there were variances previously approved. Send a letter to the installer reminding them that they need to install the system according to the septic plans. Motion: James Gallagher Second:Annie Dugan Vote: 3-0-0 Action: Motion carried 6. J.C. Ellis Design Co.,Inc.—Title 5 and local variance requests for 560 Crowell's Bog Road Jason Ellis presented this to the Board. He noted that this came before the Board a few weeks ago and the Board had required that the septic system be upgraded. The following variances are being requested: 1. Allow proposed SAS to be 10' from road 2. Allow SAS to be 213"from Long Pond 3. Allow the reserve area to be 201' from Long Pond They are proposing to make the SAS a 7 bedroom design to accommodate someone in the future if they want to add an additional 2 bedrooms. Ms.Dugan asked how many bedrooms they are proposing to have right now. Mr.Ellis stated there would be 5. Ms.Dugan asked what the depth to groundwater was. Mr.Ellis stated that is was between 25-30' from bottom of SAS. Ground water flow is towards the pond. Mr.Gallagher asked about the garage. Mr.Ellis stated that it would have unheated storage above it. Ms.Dugan asked what the elevation of the house was. Mr.Ellis stated is was about 28' above the pond. Motion: Grant variances for the property and keep it at 5 bedrooms. Motion: Annie Dugan Second: James Gallagher(for discussion) Mrs. Ice asked the Board if they are stating that they want the design to be at 550 or keep it at the 770 its currently designed for. Ms.Dugan stated that she would like it to remain at 550. Mr.Gallagher asked if the Board could grant the variances contingent on having someone come back to the Board for approval if they are going to go to 7 bedrooms. Rick Hamlyn,Owner stated that their objective is to put in the system one time(so there will be minimal disturbance of the ground)at 770 gallons and have a 5 bedroom house. Motion: Finding that the new system will give better protection,it is 30' from groundwater and flow is towards the pond,grant the variances as designed contingent on if someone is going to add the extra bedrooms(to make it a 7 bedroom home),they would have to come before the Board for approval. Motion: James Gallagher Second: Annie Dugan Vote: 3-0-0 Action: Motion carried 7. J.C.Ellis Design Co.,Inc.—Title 5 and local variance requests for 18 Moldstad Lane Jason Ellis presented this to the Board. He would like to request a continuance so that this can go before the Conservation Commission for approval. He stated that it is currently a 5 bedroom home with a cesspool and a well on the property. They will be going to town water. Mr.Gallagher asked what type of soils were on the property and if they were in the Soil Conservancy District. Mr.Ellis stated that he did not know and would find out. Mr. Gallagher stated that he would have more of concern with this request if they were in the Soil Conservancy District. Mr. Ellis stated that the lot is un percable and he would have to do a sieve analysis. The Board agreed to continue this to the July 20,2016 meeting. 8. Ryder&Wilcox-continued variance request for 280 Old Owl Pond Road Judy Bersin presented this to the Board. Mr. Gallagher stated that he doesn't believe he can be part of this request discussion or vote because he had not been at the previous meeting nor has he reviewed the video. There would be no quorum then to hear it. Mr.Ford went over the Town Counsel's opinion letter. BOH 6/21/16 Minutes Page 4 Mrs.Bersin stated that she has changed the plans completely and now is just asking for a variance for the SAS to the pond. Mrs.Ice stated that she had not seen any revised plans. The Board agreed to continue this until the July 5,2016 meeting. 9. Ocean Edge-food establishment permit application Bryan Webb,Resort Manager and Philip Flath,Executive Chef at Ocean Edge were present. This is a proposed 34 seat bar on the dune behind Ocean Edge. There will be a 200sf kitchen,bar area,restroom and storage area for a total of 700sf. Mrs.Ice told the Board that everything was in order. Mr.Gallagher asked what the Boards role in this was. Mrs.Ice explained that at this point,everything should be in order and the applicant would be before the BOH for a final approval of their permit. Motion: Grant the Food Service permit on the condition that all of the Assistant Health Directors recommendations are met. Motion: Annie Dugan Second: James Gallagher Vote: 3-0-0 Action: Motion Carried 10. Gabrielle Sakolsky&Larry Dapsis-updates on mosquito control and ticks Gabrielle Sakolsky,Assistant Superintendent,Cape Cod Mosquito Control Project gave an overview of what she and her staff do to help combat the mosquitos. She spoke about the Zika virus which at this point is not a concern on Cape Cod and the Asian Tiger Mosquito. There have been none found on Cape Cod yet. Has been found as close as New Bedford. West Nile Virus is and has been present on Cape Cod for a few years now. Larry Dapsis,Entomologist with Barnstable County gave a brief slide show presentation. He spoke about the tick testing program. 11. Discuss Town Counsel's opinion on the Regulation Prohibiting the Sale of Synthetic Marijuana and Synthetic Marijuana Analogues Mrs. Ice told the Board that she had not prepared a draft with the changes yet. The Board agreed to continue this discussion at the July 5,2016 meeting. 12. Discuss Town Counsel's opinion on the Design,Operation and Maintenance of Small Wastewater Treatment Facilities The Board continued this until the July 5,2016 meeting. 13. Sign the VNA contract for FY2017 Motion: Approve and sign the VNA contract as presented. Motion:James Gallagher Second: Annie Dugan Vote: 3-0-0 Action: Motion carried 14. Discuss Planning Board application for 1657 Main Street(Brewster Fire Station) Mrs. Ice told the Board that the septic will also include the COA building. Noted. 15. Topics the Chairman did not anticipate BOH 6/21/16 Minutes Page 5 There were none. Informational items were noted. Meeting adjourned at 8:45PM