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HomeMy Public PortalAboutBoard of Health -- 2016-07-20 Minutes e° T I "� TOWN OF BREWSTER �°�� pEWg �kyy� OFFICE OF 2198 Mary STREET HEALTH DEPARTMENT •.- BREWSTER,MA 02631 go to, =_� PHONE:(508)896-3701 EXT 1120 FAx:(508)896-4538 �wenuurriinm�� BRHEALTH CI BREWSTER-MA.GOV BOARD OF HEALTH MEETING WEDNESDAY JULY 20,2016 AT 7:OOPM TOWN HALL, ROOM A Board members present: Carmen Scherzo,DVM,Chairman;Joe Ford,Vice Chairman;Anne Dugan,RN;Mary Chaffee,RN,PhD and James Gallagher Others present:Nancy Ellis Ice,MPH, CHO,RS,Health Director and Tammi Mason, Senior Department Assistant 1. Chairman's announcements Dr. Scherzo handed out a copy of George Heufelder's nonproprietary nitrogen limiting system information to the Board. 2. J.C. Ellis Design Co.,Inc.—Title 5 and local variance request for 18 Moldstad Lane(continued from 6/21/16) Jason Ellis presented. The home is for sale. There is currently a cesspool system on the property. There are a lot of wetlands on the property and not a lot of upland. The Conservation Commission has approved the plan. There is high groundwater on the lot. The following variances are being requested: 1. To allow the proposed SAS to be 5' from the lot line 2. To allow the proposed SAS to be 12' from a foundation wall 3. To allow the proposed SAS to be 26' from the wetland 4. To allow no reserve area 5. To allow a 25%reduction in the size of the SAS Mr. Ellis stated that he would need to add another variance request, since a percolation test could not be performed,he would like to be able to do a sieve analysis instead. Dr. Chaffee stated that she would be ok with allowing a sieve analysis and would like to see the system as far away from groundwater as possible. Dr. Scherzo asked what the amount of buildable upland was. Mr. Ellis stated that there is about 12-15,000sf of land that is not considered a wetland. Mr.Ellis did state that the property currently has a well but they are in the process of putting town water in. Dr.Chaffee asked if there would be an impervious barrier. Mr. Ellis stated that there would be one. Mr. Gallagher asked about de-watering for tanks. Mr.Ellis stated that de-watering was not discussed and that the tanks will be H2O rated. Mr. Gallagher asked if the owner needed permission to work on Lot 55. Mr. Ellis stated that they did and are all set. Motion: Finding that the Conservation Commission has approved the plan,the proposed system will be more environmentally friendly than what is currently there and there is no increase in flow, grant the variances as requested pending the results of a sieve analysis. Motion: Joe Ford Second: Dr.Chaffee Vote: 4-1-0 Action: Motion carried 3. J.M.O'Reilly&Associates—local variance request for Canoe Pond Drive WWW.TOWN.BREWSTER.MA.US 7/20/16 BOH Minutes Page 2 John O'Reilly presented this to the Board. This will be a new dwelling. The lot was created in 2005. It will be a 3 bedroom home. The lot size is 60,OOOsf. The property is in the Environmentally Sensitive Area but does meet the bedroom restriction. There is a large portion of the lot that is in an Eversource easement. The house is laid out so that it is 100' away from the bordering vegetated wetland. The septic system is as far north as possible and groundwater flow is away from the pond. There is an estimated 21' to groundwater. The following variance is being requested: 1. To allow the proposed SAS to be 236' from Canoe Pond and the proposed reserve area to be 227' from Canoe Pond Mr. Gallagher stated that he did a site visit and asked if the wetland had been flagged. Mr. O'Reilly stated that it was not done recently.He believes it was done in 2005. Ms.Dugan asked if the driveway would be made of impervious material. Mr. O'Reilly was not sure. He stated that a vent will be added to the system. Motion: Finding that groundwater is flowing away from the pond,depth to groundwater is 21', lot is in the Environmentally Sensitive Area which would allow 6 bedrooms,but owner is only putting in 3and the septic system will be as far away from the pond as possible,grant the variance that was requested. Motion:Annie Dugan Second: Joe Ford Vote: 5-0-0 Action:Motion carried 4. Thomas Gallerani—660 Crowell's Bog Road—variance request from Leaching Facility Setback regulation Thomas Gallerani presented this to the Board. The house is currently for sale. The SAS is 206' from the pond. He stated that moving the system would not be feasible and showed the Board a plan. Groundwater is flowing towards the pond,but the system is 96' above the water. Mr.Gallagher stated that he noticed that repair work needed to be done to the system and asked what the repairs were. It was noted that there were minor repairs needed. Motion:Finding that the system is significantly above the 5' required depth to groundwater, it is a 16 year old system and there is no advantage to moving it further away,grant the variance request to leave the current SAS in place as constructed in 2005 which is approximately 206' from the pond. Motion: Dr.Chaffee Second: Annie Dugan Vote: 5-0-0 Action: Motion carried 5. Discuss town Counsel's opinion on the Regulation Prohibiting the Sale of Synthetic Marijuana and Synthetic Marijuana Analogues Mr. Gallagher stated that in general,he agrees with the Town Counsel's comments and asked if the new Town Counsel would need to review this proposed regulation also. Mrs. Ice will check and see if new Town Counsel needs to review the proposed regulation. Motion:Make the changes that Town Counsel had suggested,ask if the new Town Counsel needs to review it or does it go back to the old Town Counsel. Motion: Jim Gallagher Second: Dr. Chaffee Vote: 5-0-0 Action: Motion carried 6. Discuss Town Counsel's opinion on the Design. Operation and Maintenance of Small Wastewater Treatment Facilities Dr. Chaffee had fee schedule and enforcement questions. The Board discussed violations. Dr.Chaffee suggested that the Board be notified if there is an exceedance,and if there is a pattern that is concerning to the Board of Health,the owner could be called in front of the Board to discuss things.