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HomeMy Public PortalAboutBoard of Health -- 2016-08-03 Minutes uNu001wunwyw 0 e%Ewe 74 Of TOWN OF BREWSTER OFFICE OF * •s�• O•o'�� •p+9� 2198 MAIN STREET HEALTH DEPARTMENT BREWSTER,MA 02631 Y 0 PHONE:(508)896-3701 EXT 1120 FAX:(508)896-4538 "NlunnwmmmN° BRHEALTH 13REWSTER-MA.GOV BOARD OF HEALTH MEETING WEDNESDAY AUGUST 3, 2016 AT 7:OOPM TOWN HALL,ROOM A Board members present: Carmen Scherzo,DVM, Chairman;Annie Dugan,RN;Mary Chaffee,RN,PhD and Joe Ford Board members absent: James Gallagher Others present:Nancy Ellis Ice,MPH, CHO,RS,Health Director and Tammi Mason, Senior Department Assistant 1. Chairman's announcements None. 2. J.C.Ellis Design Company,Inc.—Local variance requests for 30 Nancy May Path Jason Ellis presented this to the Board. This is an existing 3 bedroom condominium unit that is being sold. The following variances are being requested: 1. To allow the proposed SAS to be 66' from top of coastal bank 2. To allow the proposed SAS to be 59' from isolated wetland Mr.Ellis stated that the Conservation Commission had already approved these requests. Dr.Chaffee asked if the system was as far away from both the coastal bank and the isolated wetland as possible. Mr.Ellis stated that it was the best he could do. Dr. Scherzo asked about the lot size. Mr. Ellis stated that the lot was 2.41 acres with 10 condo units on the lot. Dr. Scherzo stated that he was concerned about the number of bedrooms on the lot,especially because it was in an environmentally sensitive area. Mrs.Ice stated that the concern for that should only be when it is new construction,there are other units on this lot that have upgraded their systems. Motion: Finding that there is no other place on the lot to put the septic system,the system will be environmentally better,there is no increase in the flow,depth to groundwater is greater than 5 feet,groundwater flow is towards the bay,approve the variance requests. Motion: Joe Ford Second: Dr. Chaffee Vote: 3-1-0 Action: Motion passed 3. Carmen&Theresa Mascaro—Leaching Facility Setback variance request for 87 Surrey Lane The Mascaro's explained to the Board that they are currently selling their home. The leaching is roughly 175' from the pond. The septic system is only 11 years old and is only used 3 months of the year. The home is 30' above the pond and the lot is very steep. It was noted that the depth to groundwater was 23.5'. Ms. Dugan asked what the direction of groundwater was. Dr. Scherzo stated that it flows towards the pond. Motion: Finding that the depth to groundwater is 23.5',the septic system is only 11 years old,there would be significant difficulty in moving the system due to lot constraints and it was noted that a phosphorus breakthrough analysis gives it another 33 years,approve the variance to allow the leaching to remain 175' from the pond. Motion: Dr.Chaffee Second: Joe Ford Vote:4-0-0 Action: Motion passed W W W.TO WN.B RE W STER.MA.US BOH 8/3/16 Minutes Page 2 4. Dwight&JoAnn Ritter—trash complaint at Chillingsworth JoAnn&Dwight Ritter and Mrs.Rabin and son(owners of Chillingsworth)were present. This hearing stems from a letter of complaint from the Ritter's that the dumpster is not being maintained and emptied properly. There has been a history with this property of complaints from the Ritters. Back in 2007 the Board gave some recommendations with regards to the dumpster issue. The Rabin's stated that they have followed those recommendations and that they have accommodated the Ritter's requests to change the time of pick up and how often the pickup is. They don't throw bottles in the dumpster anymore,they are placed outside of it. Every time the dumpster is emptied,the company cleans it with hot water and eco-friendly chemicals are put into the dumpster. Fraizer(trash company)was asked by the Rabin's if they could move the dumpster to the other side of the restaurant. It was determined that they could not because of the conservation land that is on that side. Mr.Ford praised the Rabin's for continuing to clean the dumpster after each pick up and he stated that he feels they are doing all they can. John McCormick,Attorney for the Ritter's gave a brief history of the problem at the restaurant. He spoke about the 2007 order from the Board to move the dumpster. There was a very lengthy discussion on the issues at this property. The Board asked that periodic visits be made to the site for the next 2 to 3 weeks,provide a report and photos if needed and a decision can be made if there is another issue. Ms.Dugan stated that she thinks actual documentation that the dumpster cannot be moved was needed and suggested continuing this until the first meeting in September. The Board agreed. 5. Peter&Ellen Marie Guidry—failure to renew Operation&Maintenance contract for UA system at 34 Captain Connolly Road Mrs.Ice told the Board that she had not received the green card back from the certified letter that went out and suggested continuing this until the next meeting. 6. Discuss and possibly vote on the draft Pond Nutrient Regulation Dr. Scherzo stated that he had written to Mark Nelson on Monday and handed out what they discussed to the Board. He spoke about moving the phosphorus breakthrough analysis to a different section of the regulation(section 5). It was noted that Mark Nelson doesn't believe that the breakthrough analysis needs to be in the regulation and that it doesn't add anything to the regulation. Dr. Scherzo stated that he had a problem with pressure dosed systems and that they had not been shown to reduce emergent contaminants. Mrs.Ice suggested that the Board hold a public hearing to get input from the homeowners and engineers/designers. Motion: Hold a public hearing as the regulation stands now. Motion: Joe Ford Second: Annie Dugan(for discussion) Ms.Dugan stated that it has been a few years now and people are anxious to know what is going to happen and would like to accept the regulation as it is now. Dr.Chaffee feels the same way. Dr. Scherzo stated that the Board is in new territory as far as the breakthrough analysis regulation and the Board is leading the way in this area. Vote: 4-0-0 Action: Motion carried