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HomeMy Public PortalAboutBoard of Health -- 2016-09-21 Minutes +�`�e' TOWN OF BREWSTER pE W y T OFFICE OF A ° °10°° ' °��9 2198 MAIN STREET HEALTH DEPARTMENT 3 1 > BREWSTER,MA 02631 IPHONE:(508)896-3701 EXT 1120 FAX:(508)896-4538 �"µmuirnmau BRHEALTH a BREWSTER-MA.GOV BOARD OF HEALTH MEETING WEDNESDAY SEPTEMBER 21, 2016 AT 7:OOPM TOWN HALL, ROOM B Board members present: Carmen Scherzo,DVM, Chairman;Joe Ford,Vice Chairman;Annie Dugan,RN and James Gallagher Board members absent: Mary Chaffee, RN, PhD Others present:Nancy Ellis Ice,MPH, CHO,RS,Health Director and Tammi Mason, Senior Department Assistant 1. Chairman's announcements Eversource has voluntarily decided not to spray herbicides in Brewster, Orleans and Dennis until the issues are resolved legally. 2. Public hearing—proposed Regulation of Sewage Disposal Systems to Protect Surface Waters and Pond Water Quality Dr. Scherzo read the legal ad out loud. Mrs. Ice verified that the legal ad was published. Dr. Scherzo stated the rules for the public hearing. He thanked the Ponds Coalition and Scott Parr for their detailed letters. Spoke about how the BOH regulations work, about the RETR and the Leaching Facility Setback regulation,about the variances given since the regulation went into effect, and about the different types of I/A systems out there. Mark Nelson gave a power point presentation about the proposed regulation. Dr. Scherzo asked for public input. Michael Pavlov-83 Sheep Pond Circle-if phosphorus were removed from household products would that make it so we wouldn't need treatment? Mr.Nelson-a big component is urine so that wouldn't work. Mr. Pavlov asked about the cost. Gerry Paccassi-640 Run Hill Road-why do the pond homeowners have to pay to treat all the ponds in Brewster? Mr.Nelson-there are a lot of ponds that have no public access.People who live on the pond get the most out of it. Mr.Paccassi wants to know why this isn't going to a town meeting vote and questioned whether or not this is a health issue. Dr. Scherzo-believes this is a health issue. Mr.Paccassi believes the town should be putting sewer systems in,that would solve the problem and not put all the burden on the home owners around the pond. Judy Todd-McNichol- 137South Pond Drive thinks we need to educate the public about what phosphorus really does before we force this on the homeowners. There is a lot of natural foliage that ends up in the pond. Spoke about dredging the ponds and believes that public education is a huge issue. Ms. Dugan—we can only control ourselves right now,we cannot control the foliage. Craig Mance-270 Griffiths Pond Road. Is there any type of survey being done to be sure that we are required to do the improvements? Mr.Nelson stated that an inspection would determine whether or not improvements are required. Mr.Mance asked what the effect of a bog being adjacient to the pond? Mr.Nelson stated that the cranberry bogs do not have a huge impact on the pond. Mr.Ford spoke about the current Leaching Facilities Setback regulation and about the one currently being looked at. Philip Jackson-232 Griffith's Pond Road-is it my choice as to what system is installed? Mr.Nelson stated that it would be up to the homeowner. Mr. Jackson asked if all the systems allowed under this regulation would be under ground. Mr.Nelson said yes,but W W W.TO WN.BREWSTER.MA.US BOH 9/21/16 Minutes Page 2 there may be a cover or a hatch above ground.Mr. Jackson stated that in general,he is in favor of reg. He believes that in the future it is going to affect all the residents in Brewster. The audience was told that the Barnstable County website has a wealth of information on all this. Kim Futej- 14 Cranview Road. Spoke about the cost of contracts with buyers and sellers of houses. Asked about the town going to sewers. Dr. Scherzo believes that the town won't be going to sewers at all because of the conservation areas and the density of the area. Richard Judd,Registered Sanitarian, Septic System designer spoke about pressure dosed systems and the fact that there is a contract and maintenance requirement with all of them.He also spoke about the B layer of the soil and designing the system for that area. Mr. Nelson stated that installer can bring in soil and do a mounded system. Mr.Judd spoke about the credit(feet)that was proposed in the regulation. Mr.Nelson stated that it was based on his best professional judgement. Mr.Judd believes there is no science behind all this. Mr.Nelson stated that he relied on a scientific publication that's listed in the proposed regulation. Dr. Scherzo spoke about the 13 currently installed septic systems he looked at and the B horizon. Mr.Judd stated that by imposing this regulation on people, you've limited what the designers can do and even ruled out a few systems. Jeffery Race-230 Sheep Pond Drive-asked about the credit for being higher up. Cost to the public and the homeowner. Scott Parr- 104 Canoe Pond Drive-questioned the inspection report. Spoke about the cost of the systems that would need to be installed. Spending all this money and what is he really getting for it? Source reduction measures,adopt the phosphorus deduction measure.Add to regulation for new construction. Would like to see this deferred until documentation of evidence is provided. John O'Reilly-Pond Street. Definition of a pond? Questioned the vegetated wetlands. Asked about the Consodine Ditch,what is a coastal water,a developable lot?? Asked what the definitions were. Would like to see some science on the credits.Asked if the homeowner complies with 8.1 does the plan need to come in for a variance? Mr.Nelson stated that it would no longer be a variance. He stated that he is not opposed to the proposed regulation,but it definitely needs some tweaking, Tom Vautin-262 Sheep Pond Drive,President of the Brewster Ponds Coalition. Spoke about properties in surrounding towns contributing to the phosphorus in the ponds. Spoke about the financial impacts.Has Board considered other incentives for homeowners to upgrade?He believes that public education is extremely important. Spoke about the work load for the health department and prohibition on the use of garbage disposals and the use of phosphate free detergents etc.How will those requirements be enforced? Streams that go into ponds also contribute to the pollution,why aren't they subject to this regulation also. Groundwater flow data? How would this work with condominiums? 8.4 requires the septic systems to be pumped every 3 years. How will it be enforced? Penalties are excessive. Dr. Scherzo thinks the USGS groundwater map should be added to regulation. As far as incentives,if you upgrade,there is a state tax credit for$6,000. Phosphorus and nitrogen remediation should be added to the"failed"system part to qualify for long term loans. Spoke about seasonal use and different pumping timelines as well as different types of systems and different pumpings. Dr. Scherzo asked Mr.Nelson quite a few questions about the proposed regulation. David Bennett-233 Clayhole Road. Would the variance regulation and the 300 foot setback regulation be done away with if this regulation gets approved? It was noted that the variance regulation would still be in play. Mr.Bennett though that the regulation should have very strong language on variances. Jerry Paccassi-640 Run Hill road stated that he is against the proposed regulation. Scott Parr also opposes the regulation. Rick Judd spoke about the Phos rid and waterloo systems and stated that there is no phosphorus removal system that is allowed under general use(DEP) Motion: -Close the public hearing.