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BOARD OF HEALTH MEETING
WEDNESDAY DECEMBER 7, 2016 AT 7:00113M
TOWN HALL, ROOM A
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 Tamm€ Mason,Senior Department Assistant
1. Chairman's announcements
Attorney General Healy announced a new hotline for the public to call if they experience bias motivated threats, harassment or
violence. The number to call Is 1-800-994-3228.
Dr.Scherzo spoke about the lowering of the nitrogen load to Cape Cod soils. Barnstable County Department of Health and
Environment is seeking volunteers to install experimental layered soil treatment leach fields,
The Board of Health will be discussing the pond regulation and voting on it at the December 21, 2016 meeting.
2. Ryder&Wilcox—Request for an extension of variance's granted to Lot 43 Landing Drive(April 11,2012)
Dr.Scherzo spoke about the Permit Extension Act and how it applies to this permit and its variances that were granted in 2012.
Stephanie Sequin presented this to the Board. In April of 2012 variances were granted. At that time of granting the variances they
fell under the Permit Extension Act,which allowed the owners to keep the variances and the permit to install the septic system open
for an additional 4 years. The owners are getting ready to build,probably in the fall of 2017. They are requesting an extension of 1
year until the fall of 2018. Previous requirement was that it only be a 3 bedroom and it will stay as a 3 bedroom. The lot is outside
of the buffer shown on the Horsley Witten map.
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Mr.Gallagher asked about the revision on the 2016 plan with regards to the 3 bedrooms. Ms.Sequin stated that the plan was just
updating the number of bedrooms.
Motion: Extend the variance for one year until April 11, 2018.
Motion:Joe Ford Second:James Gallagher Vote:4-0-0 Action: Motion carried
3. Ryder&Wilcox—Continued variance request application for 40 Cranview Road(Nov.2,2016)
Stephanie Sequin presented this to the Board.This is a continued variance application from November 2, 2016, Ms.Sequin stated f
that the lot is entirely within the 300 foot buffer of the pond and it is a very difficult lot to put in a system that complies with Title 5.
At the last meeting,the Board had concerns about a 3 bedroom home being built even though there is 30.000sf of buildable upland
on lot. A Waterloo ECP system Is now proposed to be installed.
Conservation Commission has approved the plan. Ms. Dugan asked if there was a buffer. Ms.Sequin stated that there was.
Dr.Scherzo asked about Zoning Board approval.
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It was asked if the ECP unit was in the tank or a separate module. Ms.Sequin stated that it is in a separate module. Dr.Scherzo
asked what the cost was. Ms. Sequin stated that the quote for materials was$5200,septic installer has to install it and that will add
costs to it.
Motion:Approve the variance requests finding that this is an improvement over the current cesspool. The system will be a
Waterloo ECP which will help with the groundwater flowing towards the pond and Conservation has approved the project.
Motion:Joe Ford Second:James Gallagher Vote:4-0-0 Action: Motion carried
4. Ryder&Wilcox—Request for an extension of variance's granted to Lots 6&8 Mill Pond Drive(Feb 25,2016)
Stephanie Sequin presented this to the Board. Lot 6 and Lot 8 previously were granted variances. Lot 6 will be a 3 bedroom.
Requesting a 1 year extension on both variances.
Motion: Grant the extension of the variances for both lots for 1 year until February 25, 2018.
Motion:Joe Ford Second:Annie Dugan Vote:4-0-0 Action: Motion carried
5. Oceanside Septic—Title 5 and Local variance requests for 208 Canoe Pond Drive
David Nadle from Oceanside Septic presented this to the Board.This Is an upgrade of a failed system.They will be keeping the
existing tank and installing a new leaching area.The following variances are requested:
1. Allow the pump chamber to be 72 inches below grade
2. Allow the SAS to be 5 feet from a property line
3. Allow the SAS to be 136 feet from Canoe Pond
Mr. Nadle stated that the proposed system is as far away from the pond as possible.
Dr.Scherzo read a part from DEP regulations stating that If it is a repair, no reserve area is needed. Mrs, ice spoke about the
easement on the property and stated that it was for the abutting properties septic system.
Mr. Ford asked about groundwater flow direction. Dr.Scherzo stated that the groundwater flow is away from the pond.
Mr. Gallagher asked if the wetland delineation had been looked at yet. Mr. Nadle stated that it was being looked at in-house by the
Conservation Agent. Mrs. Ice stated that the Conservation Agent had approved It.
Ms. Dugan asked what the distance to groundwater was from bottom of SAS, Mrs, Ice stated that it's shown on plan as 9.3 feet
Ms. Dugan asked why they needed the extra 36 inches for the pump chamber. Mr.Nadle stated that the way the lot is situated it
slopes quite a bit.
Motion: Finding that there is no increase in flaw,the system is an improvement over what is there currently and there is no other
place on the lot,grant the variances requested.
Motion:Annie Dugan Second:lames Gallagher Vote:4-0-0 Action: Motion carried
6. J.M.O'Reilly&Associates—Title 5 and Local variance request for 102 Cedar Mill Road
The applicant requested a continuance until the January 4, 2017 meeting.
BOH 12/7/16 Minutes Page 3
7. J.M.O'Reilly&Associates—request to keep existing SAS in Its current location—674 Crowell's Bog Road
Matt Farrell presented this to the Board. Owners are trying to refinance and the bank required a septic inspection. On the
inspection report is was noted that the leaching facility was less than 300 feet from pond. A 121 foot variance from the SAS to the
pond is being requested. System was installed In 2004.
Dr.Scherzo stated that he has a problem with this system because It's parallel to the groundwater flow, He believes there should be
some phosphorus removal technology Installed here.
Mr.Gallagher asked if once this variance is Issued,if another inspection comes up,does the variance still hold. Mrs. Ice stated that
she has been allowing that.
Mr. Farrell explained again that the owners are not selling or renovating the house,all they are doing is refinancing the home.
Mr.Ford stated that he also has concerns with this lot.
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The Board asked Mr. Farrell if he would be willing to ask his clients to explore putting phosphorus removal technology in.
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Jason Ellis,registered Sanitarian stated that the Board of Health Regulation states"upon real estate transfer",and that's not what
this is. This is for a refinancing only.
There was more discussion on this issue.
Motion:Approve the waiver request to keep the SAS in Its current location,noting that this is a one-time approval for a refinance
situation. If a real estate transaction or any upgrade is proposed,the owners would have to come before the Board to discuss
phosphorus removal technology. The Board would like the homeowners to know that they would like them it install a phosphorus
removal system.
Motion:Joe Ford Second:James Gallagher(for discussion)
Mr.Gallagher stated that if the names were to change on the deed this would need to come back before the Board for a variance
request,
Motion:Joe Ford Second:James Gallagher Vote: 2-1-1(abstention by Ms, Dugan) Action: Motion failed
Mr. Farrell asked if he could get a continuance until December 21, 2016 to discuss this with his clients. The Board agreed.
S. J.C.Ellis Design Co.,Inc.—request to keep existing SAS in its current location—371 Crowell's Bog Road
Jason Ellis presented to Board.This is a 2001 septic system that is 240 feet from Sheep's pond, Water flows towards pond
diagonally. Property is for sale.
Motion:Approve the variance to keep the SAS 240 feet from Sheep's Pond
Motion:Joe Ford Second:Annie Dugan Vote: 3-0-1(abstention by Mr. Gallagher) Action: Motion carried
9. Horsley Witten Group—Update on King's Landing wastewater treatment plant
Joe Henderson from Horsley Witten told the Board that they have been working with operator and supplier as well as themselves to
try and solve the problems. DEP has given permission for an aeration system to help reduce quarternary ammonla. It was installed
in September and the data has looked promising,they are down to 11 parts per liter. It is improving but will stili be watching It. They
will also educating the residents that live there.
SOH 12/7/16 Minutes Page 4
Since the Board usually has the operator come before them for the annual report In February,they agreed that a report could just
be submitted for King's Landing and Mr. Henderson didn't need to come back before the Board again.
10. Cumberland Farms—Tobacco Regulation violation
Cumberland Farms was unable to attend the meeting.
This was a first offense for Cumberland Farms.
Motion: Fine Cumberland Farms$100 for the Tobacco Regulation violation.
Motion;Joe Ford Second:James Gallagher Vote:4-0-0 Action: Motion carried
11. Millstone Liquors—Tobacco Regulation violation
There was no one present from Millstone Liquors.
Motion: Fine Millstone Liquors$100 for the Tobacco Regulation violation
Motion:Joe Ford Second:James Gallagher Vote:4-0-0 Action: Motion carried
12. Ferretti's Market—Tobacco Regulation violation
Gina Ferretti,owner was present. She stated that she was very sorry that this took place.They are constantly posting reminders and
verbally reminding their employees to card everyone.
Motion: Fine Ferretti's Market$100 for the Tobacco Regulation violation.
Motion:James Gallagher Second:Annie Dugan Vote:4-0-0 Action: Motion carried
13. Mark Nelson—discuss grant from the Cape Cod Water Protection Collaboration
Mark Nelson and Ryan Bennett spoke to the Board about their grant application to Barnstable County, Dr.Scherzo spoke about the
319 Grant,which is a grant to do some piloting systems on the Cape.They would solicit homeowners to do these systems.
Engineering will be covered. Homeowners will pay for construction.
Motion:Write letter to John Yunits,Administrator of Barnstable County of Health & Environment asking for the assistance of George
Heufelder to prepare a grant proposal.
Motion:Annie Dugan Seconded:James Gallagher Vote:4-0-0 Action: Motion carried
14. Dr.Joyce R.Young—discuss a possible fragrance policy
Wants the town to have a policy to limit the use of fragrance in its buildings and on its personnel. She read the letter that was
submitted to the Board and also handed out a brochure that she and another women had written.
The Board listened to her proposal and stated that they would look over all the information and discuss it again at the next meeting.
15. Discuss Planning Board application for 2740 Main Street
Ocean Edge is proposing to build a day spa. It still needs to be determined whether the existing septic system is adequate. They are
working with John O'Reilly. Potential food permit will be needed. Mrs. Ice will give comments to give planning board.
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BOH 12/7/16Minutes Page S
16. Topics the Chairman did not anticipate
None.
informational items were noted.
Meeting adjourned mt9:3OPK8
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