Good afternoon and welcome to the July 20th, 2026 meeting of the Chattam Board of Health. Presant to Governor Healey's March 29th, 2023 signing of the acts of 23 extending certain COVID 19 measures adopted during
the state of emergency suspending certain provisions of the open meeting law general law chapter 30A section 20 until June 30th 2027. This meeting of the Chattam Board of Health is being conducted in person and via remote
participation. Please note this meeting is being recorded and will be available shortly hereafter for scheduled and on demand viewing on any smartphone or tablet device. If anyone else is recording this meeting, including the use of AI note-taking apps, please notify the
chair. Every effort will be made to ensure that the public can adequately access the proceedings as provided for in the order. A reminder that persons who would like to listen to this meeting while in progress may do so by calling
the phone number 1508-9454410 conference ID459-960369 pound or join the meeting online via Microsoft teams through the link in the posted agenda. While this is a live broadcast and simal cast on Chattam TV Xfinity channel 1072,
despite our best efforts, we may not be able to provide real-time access. We will post a record of this meeting on the town's website as soon as possible. Now, I'll turn this meeting over to the chair, Carol Boyce. It should be the policy of this board to
conduct its meetings under the open meeting law so as to encourage public participation whenever time permits and as part of the agenda item discussions. Um I'll take attendance now. [snorts]
Um Ron Weisser >> present. >> Joanna Kale >> present. >> Carol Gordon >> present. Michelle Kleinoff who is a new alternate member >> and Burton Seagal who is also a new
alternate member and then Griffin Lloyd who is a new member. So we have a quorum and we have three items on our agenda
and the first is a variance hearing and approval of technology for Eastwood MBT-LC79 Forest Beach Road Clock Engineering. Uh good afternoon, David Clark, Clark Engineering, uh on behalf of Eastward
Companies. Um so there's an existing uh bungalow house on the property that um they plan to do some renovations and reduce the number of bedrooms to one. Uh the lot uh is
large enough uh under the zoning bylaw to have a house and guest house. So the bungalow will become the guest house and they will construct a new main dwelling with four bedrooms. Um the lot's just over 40,000 square ft. And um pursuant
to your regulations, they're allowed one bedroom per 10,000 square ft. And if we come before you for a variance and offer IIA technology, the board uh is allowed to grant an extra bedroom. And so that's why we're here. Um,
for the newer members of the board, um, uh, traditionally, uh, a a septic system without IIA technology introduces far more nitrogen and, uh, other nutrients into groundwater than a
septic system with IIA technology, even though they're adding a bedroom. And in this particular case, um, going from four bedrooms to five bedrooms, there is a significant reduction in the amount of nitrogen, um, as opposed to what they would be
allowed to do by right. So, there's a net benefit to the environment that we have a nitrogen reducing system on this property. Be happy to answer any questions. >> I have a question, please. I'd like to know you also have a a garden shed that
you're moving or something or that's going to be on there too on the property. >> The shed uh I think the shed um I think the shed's going. >> The shed is going >> I believe so. >> So it's said it was being relocated. >> Oh, relocated. Yeah. I'm sorry. I stand
corrected. >> It's relocating where? >> Somewhere on the property. >> Oh, somewhere else on the property. >> Yeah. >> Okay. Okay. I have some questions. Uh [sighs]
just to summarize a bit, uh is you you approximately one acre with only a 20 foot frontage limiting [snorts] development to a single lot, a single odor. I assume you've applied for a ADU.
>> No, >> you have not. There's no requirement to >> You're putting two two homes on a single lot and you said there's no requirement. >> Nope. It complies with zoning. Like I started my presentation. Under the zoning bylaw, the lot is large enough to
support a house and a guest house as a matter of right. >> Okay. Uh the small dwelling appears to be about 900 square ft. Does that matter to you? A little over. >> No. Uh, under our local zoning bylaw,
which predates the ADU, uh, state regulation, um, a guest house, uh, is limited to two bedrooms and the square footage of living area has to be less than 50% of the main dwelling. So, we comply with
those two requirements. >> The 90 square foot regulation >> doesn't does not apply because this is not an ADU. Okay. Uh we are counting bedrooms. >> Yes. >> It looks like you're just moving the existing house. Uh you you show on your
plan that you're changing this the ex house second bedroom into a loft. Are you totally removing that wall? Yeah, I I believe we submitted floor plans of how that uh uh existing house will be
modified to comply with um being only a one-bedroom structure. The one acre could support four bedrooms plus the extra bedroom with the IIA system. Obviously,
>> the property will eventually be seed and that would also allow in the future five bedrooms. Uh I doubt the current current IA system accomplishes significant groundwater nitrogen
reduction but the installation obviously does satisfy codes requirements and allows you your construction now which is obviously a benefit although it
it probably doubles the eventual cost when sewers are provided. did for this uh property. >> The Yeah, I I'm not going to hold my breath on sewer in this neighborhood. Um it's it's going to be I mean South Chattam has been at the bottom of the list for a long time. Used to be at the
top of the list, but uh now it's down near the bottom. >> Thank you. >> I have another question, please. Okay. I'm I'm looking at the second floor and I see the bedroom, one bedroom, and then I see a loft.
That loft could easily be another bedroom. Could I think could it not? We have the stairs. >> Isolation. >> Pardon me. >> Doesn't have the area isolation to uh for sleeping purposes. >> Okay. >> Which is a specific requirement in your
regulations that >> Right. And >> it's like the stairs and >> the chair. We did look at that. It's um you know it's larger than a sixoot cased opening. So it removes the privacy required for >> I'm sorry. that loft space. Uh it's um larger than
a six foot cased opening, which is part of the definition we have for uh the the bedroom. Um if it was less than a sixt cased opening, it could be looked at as the bedroom, but uh that loft is wide wide open through there. So >> Okay.
>> Is the loft you're discussing on the new house? >> Okay. No, on the on the on the bungalow >> moving >> on the on the bungalow. The onebedroom. Okay. All right. >> Uh I I had kind of the same question. I
mean, how many square foot is the proposed one-bedroom house? >> The total square footage? I >> I don't know. Um >> well, the existing house is 1634 square ft.
They're moving the existing house. >> They're not making it smaller. >> No. >> So, it would be 1634 square ft. >> I I I think my point's the same as Carol's. It's a lot of house for one
bedroom. And I take your point. The loft doesn't meet the definition of a bedroom. and the office doesn't meet the definition of a bedroom, but they they could be used as bedrooms.
Do you know if there's any plans to turn that facility into rental? >> I don't believe so. Um I think the person that that owns the property sought to demolish the house and was told they couldn't. So, this is a way to save the building that that
>> the owner particularly doesn't have a use for. Okay. But >> that's end of my questions. >> Any other questions? >> So the zone have you been to the zoning board? don't need to go to the zoning board of appeals. This is a by right um
under zoning. So >> you have gone >> we we don't have to go to >> you don't have to. Oh >> all right. >> No relief is required. It complies with zoning all aspects of the project.
>> All right. Well, do I hear a motion to approve? I'll make a motion to approve. I I do like the six uh actions that are part of the approval process. I mean, I I think my worry was
that this might be turned into rental property. And again, it's a lot of house for one bedroom, and that might pose an issue. But if it was to become rental property, it'd have to be inspected and reinspected. So, I think that probably
deals with my concern. >> So, as I say, I'll make a motion to approve. >> All right. And do you want to read the conditions? >> Yes. Um, so we have the standard conditions. The applicant should restrict this property to a maximum of five bedrooms
and record this restriction on the deed at the Barnesville County Registry of Deeds. The applicant shall submit a copy of the executed deed restriction to the health department. The applicant shall sign a covenant with the board agreeing to comply at such time as the town of
Chadam through its board of health and/or board of water and sewer commissioners directing the connection of this property to the municipal sewer when it becomes available throughout its life. The system shall be under an operation and maintenance
agreement. On&M agreements shall be for at least one year and may be with any Massachusetts certified operator of the appropriate grade that has received training by the company on the operation of the system. Effluent from the system
shall be monitored at least twice per year for the first two years, preferably in May and October. The effluent shall be fielded field tested in accordance with Massachusetts D standard conditions for secondary treatment units certified
for general use revised March 20th, 2015. In addition, a laboratory test of the effluent for total nitrogen to meet the performance standard of 19 milligrams per liter shall be collected and analyzed by certified lab. Water meter
readings are to be provided with a semiannual report. If any of the field tests or laboratory tests fail, follow-up tests shall be conducted by certified lab and an evaluation by the operator within 30 days. After the
required two years testing application, an application can be made to the board or their agent for review and possible modification of the monitoring requirements. The applicant agrees to apply minimum 6 in of compacted top soil to all
disturbed areas on the property. The engineer shall submit an engineered asbuilt, including asbuilt elevations with a written certification that the system has been installed in accordance with the approved plan. No alteration to the floor plan of the dwelling or the
site plan will be allowed without further review by the board of health or its agent. This variance granted pursuant to the town of Chadam subsurface sewage regulations is valid for one year from the date of the board of health approval. A permit
must be issued and work commenced during that one-year period where the variance shall expire. >> And do I have a second? >> Did we include single ownership of both homes? >> We didn't. I'm not sure that it could be
um separated in ownership. Um, David, is that something that's possible with the zoning on this? >> Uh, it's been tried in town and the the person that did it lost in court. >> Okay. I >> So, it can't be separated. Um, what the court said was that the um
that the guest house is secondary or is um um an accessory structure to the primary dwelling. So, once you separate ownership, it's no longer an accessory uh structure. And so therefore it created a violation of zoning. So they
had to put it back together. >> So through zoning it's not separate ownership is not uh a viable option. So it'd be redundant uh because zoning does not allow that. >> All right. Any other questions?
No. >> What was that? Oh. All right. Do I have a second to the motion to approve it? You'll second it. All right, let's take a vote. >> Um, Ron, >> I approve.
>> Hi. >> Joanna, >> Carol, >> oh, I approve. >> And >> Griffin, >> I approve. >> And I approve. So, it the motion's approved. And
>> thank you. >> Good luck. All right. What's on next? Our next agenda item is the discussion regarding the noise ordinance bylaw. >> Great. uh for that. Um I was wondering
if the board would allow me to read the current noise control article that we have as part of the town code uh just so we have it all in front of us for discussion purposes. >> Do we have a copy of that? >> Um I'm not sure if a copy of
it to your um pamp >> packet. Yeah, it is pretty short. Um, it's section 208-18 in the town code noise control. It shall be unlawful for any person or
persons occupying, having charge of, or being present in or about any building, structure, premises, shelter, vehicle, boat, or conveyance, or any part thereof in the town other
than that section of any establishment licensed under Mass General Law Chapter 138 at any time to cause, suffer, allow, or contain Continent continence any
unnecessary loud, excessive or unusual noise including any such noise in the operation of any radio, phonograph or other sound making device or instrument or reproducing device or instrument or in the playing
of any band, orchestra, musician or group of musicians or in the use of any device to amplify the A force or said, or the making of loud outcries, exclamations, or other loud [laughter]
or boisterous noise, or loud and boisterous singing by any person or group of persons, or in the use of any device to amplify the AFID noise where such noise is plainly audible at a distance of 150 ft from the building,
structure, premise, shelter, vehicle, boat, or conveyance in which or from which it's produced. Section B, the fact that the noise is plainly audible at said distance of 150 ft shall constitute
primmaaci evidence of a violation of this section. Any person shall be deemed in violation of this section who shall make or aid in a bet or cause or suffer or continents or assist in making of any
such noise. Section C. In addition to the penalties provided for in chapter one of these bylaws, a person who violates this section is also subject to arrest. And that's peace and good order from the town bylaw.
>> So if somebody wins the power ball lottery and [laughter] shots, they better be quiet. >> Find and arrested then. >> Yes. >> Carol, any questions? >> No. Ron and I have worked on something that I think he's going to talk about
concerning the leaf blowers that we had discussed before and we came up with something that might be be able to be >> I'm going to report out the results of our subcommittee meeting. >> Exactly. >> So anyway, this is this is draft
language that Carol and I came up with. So, based on a number of complaints by local residents regarding excessive noise levels associated with use of leaf blowers, the Chattam Board of Health proposes the following restrictions regarding their use. Uh, first, uh, use
of leaf blowers will be limited to the hours of 8:00 a.m. to 6:00 p.m. Second, the use of leaf blowers is prohibited on Sundays and federal holidays. Third, the noise level of leaf blowers shall not exceed 65 dB.
Fourth, the range of noise produced by leaf blowers shall not exceed 150 ft. So it's pretty clear and you know >> and I know it encompasses the 150 ft that was in the existing but I think the
the time is now specified the I mean small limitations on the date of use and the noise level >> with the noise level is that the measured at the leaf blower itself
>> the decimal level I think so >> that would be at the at the >> and what was the level that you had for that >> 65 dB and uh we got that from several other towns that have similar ordinances >> I don't think any of this will be a surprise to landscapers I think they
they usually work within that time frame anyway at least from the ones we talked to >> and the decimal level is is I think normal for you know it's be below that for leaf blowers >> yeah I think that's a good point I mean Carol did talk to a number of
landscapers. And these seem to be pretty benign restrictions, >> but they do provide some definite some some actual definite real concrete re restrictions, including the time, the dates. So,
>> and it it shows the public that we're listening to their complaints and, you know, with a pretty generic statement really. >> Um, one question. Would this be a town amendment bylaw or health regul? >> Oh, um you're
>> Oh, sorry. >> Would this be a town amendment bylaw or would this be a board of health regulation? Because those are two different mechanisms to do this. >> Yes. >> Probably a board of health regul. >> That's a great point. >> A board of health regulation. Do you think >> if it's board of health regulation, we'd
have to focus on the health uh >> health portion of it. So >> that was my that was my whole question bringing bringing it up is what's the scope of this of this um concern. Are we concerned about emissions? Are we concerned about noise? Are we concerned
about you know it didn't feel like that was nailed down >> right? Yeah. >> Right. Because that that would have to we'd have to make sure we either decide whether the avenue is to pursue a regulation, which is something within the board's jurisdiction, or uh bylaw,
which would be either amending the noise control bylaw that exists. But that would be potentially a back and forth between uh us uh then probably bringing it to the select board back here and then presenting it at town meeting. uh
if it were to be a bylaw or a bylaw amendment, >> could we start with a regulation? >> Uh we could uh pursue that avenue and investigate it. Um we would want to make sure we're finding um health nuisance um
specifics >> to site. Um as >> it's a quality it's a quality of life type of thing really. And uh it's imposing you know distress on a lot of people >> and it seems specific uh leaf blowers is that uh just you know versus
>> general construction I just want exactly >> point that out. So a leaf blower specific uh regulation. Mhm. >> I think we we spec to the point of emissions, I think we specifically sidestepped that, >> right? >> I mean, there was a discussion at our
last meeting about whether we should impose uh landscapers use electric leaf blowers >> and we really felt that that might be a bit ownorous, >> right? >> I think so too. I think that's going too far. I think you know I think this comes
under uh board of health as a quality of life uh issue. >> So do we do a motion or what's the next step? >> Um I think >> I had one I had one more question about this. Who would respond to an infraction
against >> in this? >> General public probably >> the the general so a neighbor, >> right? >> Okay. >> I would think so. And they would they'd be citing a board of health regulation to try to get the behavior to stop. >> Yes. Or at least Yes. to go within the
the required hours. >> Okay. Right. >> What would they do? Call the police because their neighbors using the leaf blower >> or call or they'll call Annie and like they did with Diane lots of time. She got a lot of calls when when it was the short-term rentals and things like this.
She would get calls about people but or they would call the police, right? um >> just like they would if if there was a noise under the noise ordinance now for parties or things like this. >> Excessive shouting. >> Excessive shouting, >> right? A lot of [clears throat]
>> celebrations. I've been told a lot of the noise complaints go uh the police or you know get the calls for that, >> right? Um, one thing we can do is we can take the draft that you and Ron have um, prepared >> and I can do some work in the office um,
to find out the next steps. >> Okay. >> So, we can keep it on uh, as an agenda item for next meeting. Okay. >> And then I can give an update on that. >> Okay. As to how we can move forward with that. >> Yes. Y >> Okay. I I'll send the draft to you. >> Okay. Thanks, Ron.
>> All right. So that'll be continued. >> Yes. >> May I say something else >> in regards to >> in regards to the noise ordinance. Okay. This is totally >> this is totally separate. But
>> how would it go with the noise ordinance? Not that we are going to put this together right now. Uh regarding planes and the fly friendly hours, how how can we do that? Because of course the planes are, you know, they're they're loud. They they go right under
the noise ordinance that's here now. But even though the airport's been like a separate entity, >> we've been they've been trying to enforce the five friendly hours. You maybe I don't know, maybe nothing before 7, nothing after 11 or something. I don't know. Those are just approximate
hours I'm saying. But uh but [clears throat] I think that that's been a real problem. And I know that the airport's trying to enforce them, but it's very difficult. And I don't know if that's something I mean, not to go with this. This is totally separate. But the
planes flying overhead at 3:00 a.m. or, you know, midnight, things like this, it it definitely destroys someone's quality of life. And if there's anything we can do to maybe uh eliminate that or at least tone it down, that might be good,
too, under the noise ordinance. If that if we were pursuing a bylaw, >> unless it's an emergency, of course, right? >> And that's if we were pursuing a bylaw change versus a uh regulation right now. >> That would have to be a bylaw, right?
Yes. So maybe that's something we can think of or, you know, if we if that's something we want to support if it becomes a bylaw. >> Can't the airport restrict the flights coming in? >> That would be perfect if they would. And but I think they need a little brought
up to the airport. >> Yes, several times. I think they need a little push to help them. Uh, you know, >> and what is their response >> that they try and that they s they suggest and they have a little I think they have a flyer, you know, within the
airport, but they really they really do not enforce it right now. They they suggest that people do it and the pilots do it and but they keep it completely voluntary and so particularly over the summer you have so many planes coming in at all
different times and and it's really it's really disruptive. So if there's anything we can do to help pass that along that might be really beneficial to a lot of people. >> Great. >> Okay. >> So that'll be continued also. >> To be continued for sure. Yes. Thank
you. All right. And then our next item agenda is a followup on the Milh Hill Road cleanup and if the conditions imposed are still being met,
>> right? So Judy and I drove by the property on Thursday. We took some photos. I'm going to do a screen share and bring those up. So, um, we drove by there, uh, on
Thursday. As I said, uh, Judy, who's been familiar with the project, remarked that it's looking like it's in fair condition. nothing that like no new tires. The mountains of
items are gone. Items that are remaining seem to be in usable condition. This trailer and boat, you know, they're not blocked. They have items on them, but uh but they're operational. Um I'm going to go back to this. The
street didn't have items on the road blocking or overflowing. Uh, in general, it looked it looked acceptable. Um, we did see from the road that the access on the house looks like it's boarded up. I'm not sure what why
that is. Um, but overall from what we saw, it looked acceptable. Um, also just to backtrack, we have the photos uh of before and after on the cleanup.
The volume of material that were taken that was taken out of this site in in um this project was was massive. Um I'll go to one other photo here. There's tires stacked against the guard rail.
It's just I'm sure a lot of you remember that or driven past it. Um on our end, uh Greg Berman, our director of natural resources, checks this this property quarterly and so far we are still uh
finding that it's acceptable um from what we've seen. [clears throat] >> Andy, did you happen Oh, sorry. >> Between Ron and me, did you happen to drive up the street a little bit more for I think it could be the owner's property up there. Did you
>> Yes. >> notice anything there? So, we continued on up there >> and we spoke with a Mr. Owens on Thursday. Um here's a picture. Uh there's a scrap metal dumpster there.
There's some items to the right of it. Um Mr. Owens mentioned that they were using Mid City Scrap for servicing of this dumpster, but Mid City Scrap had started to uh stretch out their pickup
times. Um, since talking Thursday, they were able to get a hold of the company and get that dumpster removed. So, as of today, that has the dumpster was removed and they're getting a local company that
will have a faster turnover uh with a dumpster. So, this these items that are to the side there, they should be cleaned up into a scrap metal dumpster by some time of the next two weeks. Um, so, uh, I think the conversation we had
was very productive. We have a contact now and it seems with them moving to a local uh dumpster company that it's going to improve that site. So that's what >> That's awesome. Good. That's really good.
>> I'm glad that they're paying attention. >> I was wondering, do they have a permit? A junkyard permit? >> Well, it's not a dumpster that they advertise. It's something that they use doing like house cleanouts or metal that they accumulate, not that they
advertise. They mentioned that they've been um to community development, inquiring about a permit, and were told that for a non-advertised use in the way that they described their use of it at the time, they didn't need a permit. I
can follow up on that, but um it seems uh they seem responsive. They understand the concern and uh the fact that they're moving to a local uh company for managing that seems like it'll keep it in a cleaner state. >> We'll see what happens in two weeks. That's good. Yes. >> Yeah.
>> Yeah. I don't think you can have a a junkyard in Chadam, but I can't say that for sure. Yeah. I don't think that I I think that came up with my graph, but uh >> Okay. >> But I don't know for sure. Okay. >> So, I I mean I I I kind of brought up
this topic initially only because I just think if if we're going to take an action, it's incumbent upon us to follow up on that action and make sure that it's still being carried out. So, that's why I thought, you know, we were coming
up on the one-year anniversary of the issue with Mr. McGrath, so I just thought it would be appropriate at this time to follow up on it. and and I'm glad to see that he is complying. I also drove to uh the kayak shop that he has near the
Barnhill Road Landing and that seems to be in pretty good shape as well. So, so I'm glad, you know, that that we're having an effect. Regarding the other property, I I know that that mid city scrap uh dumpster has been there for a
heck of a long time. Mhm. >> So, I take I take the point that well, they're getting behind on their pickups, but they're getting way behind or somebody's letting them get way behind. I'm very glad that you guys talked to them because I think that probably will
trigger uh maybe a little bit more responsiveness in terms of getting all the scrap cleaned up. So, with regard to that property as well, I think we ought to maybe follow up in three months just to see what it looks like. And he's he said he would do it within two weeks,
right? So we can follow up in two weeks follow >> and consistently follow up from there. >> And on the permit follow up on that. >> Yes, I'll check. >> And I'm sure there's >> what the regulations [clears throat] >> I'm sure there's a few more properties,
too. But it's good that we're getting some some action here. That's good. Okay. So, we'll do a formal followup in three months, but um within the department, we'll check into within the two weeks to see. >> Okay. Super.
>> All right. So, there is nothing else on our agenda. Are there any public comments or future agenda items? >> Carol, >> of course, I have one. I know you do. [laughter]
>> I'm sorry. Uh, a long time ago, um, Mr. Huntley was invited to come and speak to us about unleted gas. I think it was maybe even two years ago and we were to follow up and have him come back and let us know how how this is coming along and
what the quality of unled gas or the quantity is and how we can begin using it at our airport if they are not. and just to give us a little bit more background and and bring us up to date. So, I was wondering if we could invite him at some point over the next few meetings, maybe at his convenience, we
can get a date and have him come in and just talk to us a little bit about that. >> The oned fuel. >> Yeah. And who is this? Uh >> okay. Huntley Harrison. He's the Yes. He's the chair of the airport commission. >> Okay, that sounds great. So, uh, on the fact
that, um, potential unled gas use at the airport because right now the aviation gasoline has lead. >> Exactly. Right. Because the lead fuel and there's al and I don't know if if there are, but there's supposed to be signs at the airport that talk about the
on how the leaded gas is bad for children and things like this. And I don't know if there are signs. I did not go look. But uh maybe he can just give us a good update on what's happening and how they're controlling the lead and the gasoline. >> That sounds great.
>> When is the gas going to be available? >> Right. >> Yes. Yeah. Okay, that sounds good. We should invite >> Mr. Harrison here for an update on that. >> Thank you. >> Yes. >> Any other requests? [clears throat] And no one on.
>> Oh, sure. Um, let's see. I am the AG. Annie Harris is the ah, then Mark. Yes. So, no one's on. >> Okay. So, no further comments or requests.
So, reading of the minutes from June 15, 2026. Were there any corrections or changes? Do I hear a motion to approve the minutes? >> Uh, I'll make a motion to approve the minutes. >> And a second.
>> Second. >> All right. And a vote. Ron, >> I vote to approve. >> I approve. >> Carol, >> I approve. >> And Griffin, >> I approve. >> And That concludes our meeting. Um, do I
hear a motion to adjourn the meeting? >> I make a motion to adjourn the meeting. >> And a second. >> I'll second. >> All right. Ron, >> do you approve? >> I approve. >> Joanna, >> I approve. >> Carol, >> I approve. >> And Griffin,
>> I approve. >> All right. The meeting is adjourned. Good. >> Thank you.