##VIDEO ID:TkDCPI2TF1c## e e e e e e e e e e e e e e e e e please note this meeting is being recorded and will be available shortly Hereafter for scheduled and On Demand viewing on any smartphone or tablet if anyone else is recording this meeting please notify the chairman pursuant to Governor hey's March 29th 2023 signing of the acts of 2023 extending certain covid-19 measures adopted during the state emergency suspending certain provisions of the open meeting law until March 31st 2025 this meeting of the chadam Board of Health is being conducted in person and via remote participation every effort will me 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 1508 945 4410 the conference ID number is 88612 4237 pound or they may join the meeting online via Microsoft teams through the link in the posted agenda while this is a live broadcast and simoc cast on Channel TV chadam TV channel 8 and 1072 despite our best efforts we may not be able to provide realtime access we will post a record of this meeting on the town's website as soon as POS possible um I'll turn this over to our chairman Dr Noble Hansen uh thank you it shall be the policy of this board to conduct its meetings under the open meetings laws so as to encourage public participation whenever time permits and as part of agenda item discussions okay so we have uh four things uh on the agenda tonight but first let's establish a quorum and when I call your name please say present Carol Boyce present Ron Broman here dick Edwards present Ron Weiser present and Joanna kale pres um Noble Hansen president okay we have a quorum and Ron will be the fifth member today uh voting um that's the way we'll do that okay so first on the agenda is um a prelim preliminary subdivision for Richard and Susan Conelly 48 salt marsh Way east Southeast LLC and Thad Eldridge is here to U present the preliminary subdivision good afternoon for the record that Eldridge he Southeast so the connelles purchased the property last year and they would like a new house uh they'd also like to keep the old house that's on it it's a 100 plus year old home um that they like they'd rather not get inside of the house to modify it and to put in a new house they don't want to have to go with the house guest house rules so we're proposing a two lot subdivision so that they can build the new house that doesn't have to be twice the size of the existing home um and the existing home would have to go to two bedrooms if they were to do the house guest house so we have the proposal to create a panhandle lot use the existing driveway as a common driveway separate the historic home on its own lot and then build a new home somewhere this is an a request that we have to make to the planning board for the shared driveway and and so on so at the preliminary phase we're really looking at the storm water what we can do to better the situation in order to encourage the planning board to accept this from the Board of Health perspective we do have two lots uh one of them we could marginally fit a septic system on uh meeting all of the requirements in all likelihood we would put an easement on the other lot for the leeching either reusing the leeching that exists now or putting everything um outside the 100 in the in the rear of that lot we may change the lot line so the septic system could be on the subject property we know from the soil tests of the septic system that the soils are decent out here and we're here just as a preliminary review of the subdivision to show so that we can adequately treat the storm water I'm sorry we can adequately treat the the effluent the sewage if there are questions I'm happy to answer them okay yeah thank you um I'd have Judy just review for us what what our role is here in uh approving a preliminary subdivision what's what what are we looking at here um it's at this point it's just uh part of the process if you see anything glaring that you're concerned about we could bring it up to the planning board um it is preliminary uh but overall we we we really can just make um recommendations we don't really approve or disapprove of a plan we make recommendations and we should and we're basically looking at the suitability for um subsurface sewage disposal right so whe whether it it looks like it's reasonably able to put a septic system in each lot right with what's and whether it will meet our regulations as well and then what's our role with uh storm water drainage and and uh collection systems it's more of a planning board issue yeah yeah right the driveway issue is planning board yes and then both of those get covered by conservation because we do have a river bordering vegetated Wetland there's a flood plane to the north that's it's a environmentally sensitive site even though there are several Acres of property okay good uh questions or comments from the board all right um so yeah Judy has has reviewed it and um uh sees no Public Health restrictions on the property and recommends it for approval and so it fulfills I think what we're looking at in in a preliminary way preliminary subdivision so uh if are there any input from the public on this and any else from the Board of Health question okay then we can probably get take a motion so I'd move that we recommend this for approval and I'll second okay and then um I think we can take a Voice vote on this uh all in favor uh to approve the preliminary subdivision for 48 salt marshe uh say I I oppose say no okay so that uh preliminary subdivision uh is approved thank you much and I can say for the definitive we will have more refined plans right correct better Define out the septic locations or potential septic locations but okay thank you we'll get there happy New Year all right okay second on the agenda is uh a continuance of the variance hearing for Patrick Brogan 346 mors Island Road Speakman construction they actually requested a continuance on this right so I have we have a letter from um Speakman construction requesting for continuance of the January 6 Board of Health meeting uh review of that 3 346 mors Island Road so one question can can we continue this with without a specific date just have them uh return when they're ready um we we they want to be on the January 27th meeting so they should be ready for that they've requested okay that's our next meeting so it's a a request for continuance to the January 27th meeting um and any comment or question otherwise we can take a motion on that I'll move that we approve a continuance until the January 26 7th meeting of the Board of Health okay so that's a motion for a continuance to January 27th for 3 346 Mars Isen Road speak with construction and uh if there's no other comment uh we can take probably a Voice vote and all in favor say I I and oppose say no okay so that is continuous is is granted and that'll be on the January 27th meeting and hopefully they'll be ready okay um third on our agenda is uh a continuance of variance hearing and approval of IA technology for three oyster Drive LLC three oyster Drive Shore things environmental and there we did have a request David Bennett is David yes sir David Bennett's here okay great so um if you can present the uh request and and it was before the our meeting for continuous a few weeks ago for a a different setup and I I understand Chang you'll go through all yeah chairman thank you and uh ladies and gentlemen of the board happy New Year um this project was delayed um over the holidays uh for us to consult with the D on a question that Judith had identified in the review of the plan and so we met with the um the the section chief uh for the Ia systems in the Southeast region on a referral through the director of uh for the Ia program out of Boston um this is to give a little bit of background uh in in August of last year uh there was a septic inspection done for Real Estate transfer uh at that time the septic inspection showed that it needed further review by the uh Board of Health because it did not show adequate separation to groundwater at that time uh from an unadjusted basis uh after review we went out and did some test pits we found out what the elevation of the groundwater was and then applied the adjustment and that's shown in the plan the plan revision was we had originally been you um wanted to use IIA technology in order to decrease the separation to groundwater based on the unusual unique and unusual circumstances of the area which I'm sure that you've come across this on several other projects we have an encroaching Shoreline and an increase in the elevation of groundwater so at the time that the plan was done under that code it was a 4ot separation to groundwater that was required and because of the the acts of God or the reality of of the changing Shoreline by the time we went there then it didn't meet the four foot setback so the question was what remedial technology was out there that would allow us to prevent from building a a wall and putting a system inside the wall to serve the existing three-bedroom dwelling so we wanted to go with IIA technology that was approved that would uh allow us to minimize the separation to groundwater and still protect the interest of Public Health and the environment so we had originally specified a technology called sludgehammer which after and in their remedial and I believe this was part of the original package in their remedial use application they showed that there was allowance for the separation to groundwater but there was also a c caveat that you could not disturb or replace or do anything to the existing leech field so since that was a restriction we went back to the D uh we found an appropriate system that is rated for decreased separation to groundwater it provides uh both bod and TSS treatment uh at about the level of 90% uh of of removal of those uh pollutants and it also provides nitrogen removal so that's the plan that you have in front of you today uh which the variances there's multiple variances required because of the size and configuration of the lot if if you were down there or if you're familiar with the area you know that these are very small lots and that the house basically occupies a huge proportion of the lot so we tried to stay within the boundaries of both the you know environmental parameters and the aesthetic parameters so that we are replacing the septic tank with a two compartment tank which is required by this technology and we are raising and replacing the leech field inside a retaining wall uh that currently exists that we're going to actually add and build up another 16 to 18 in in order to Mound it up high enough to get the separation that we need to groundw okay uh thank you um comments from or questions from the board dick so this lot is in the little Beach area down below the lighthouse yes has this lot been inundated in when there are East Winds and high TI uh in in in nor Easter has it been underwater no but the but the water has run in the roadway and you know that the outermost Marine now has a barrier around it so yes as a result this is a very problematic area right now to all the homeowners and Property Owners because of the the change in the shoreline allows the water to come in faster so it allows the tide and a surge to come in quicker and that's why you have the inundation this property does not flood um I never observed any water and I was I was actually at the property doing field work the day the water was running along the streets and and U outermost Marine got flooded and you're going to be building a wall and raising a portion of the lot above the level that it's at at this time you were going to be adding on to an existing wall that already exists that was around the existing soil absorption system to raise it up higher to meet the new performance standards with the adjustment right so the wall allows you to to build to elevate the the height of the uh leaching system right and and we're asking for the the variance this separation to groundwater because a wall that would meet the um would meet the requirements for the full separation would then be higher than the windows that are in the bedroom which then creates a safety problem right um questions or comments from the board I was just going to say so this is a flood zone um and in order and like you said in order to um meet the breakout requirements for the top of the system they need to raise the the wall up up about a foot or a little more and then instead of having grading which we would do with a normal septic system the wall is there to contain it so it will be 3 feet off maximum High groundwater that we you know as Dave said he he was out there basically during a norter checking monitoring Wells that I asked him to put in so we could find out what the full moon high tide looked like out there so yeah R Jud have we've done something like this before yes you did do one yeah you're going to see another one in another week then at the next meeting very similar that is the ground separation yeah groundwater separation issues out there um it's changed over the years so so we have granted three foot separation instead of the five foot that's required yeah with the with the fast system um which you're familiar with you it's it's aof for remedial use so they can't rebuild the house um at any flow it's it's set at 3 ft the system is very good at removing um you know bod and and nutrients Etc so we've done it's a we've done it before yes yeah yeah um and I asked the usual question is is there any other way you could create more ground separation you mentioned elevating it above the height of the windows we we've looked at that yeah we've looked at that and and again there's a safety issue because you've got a bedroom window that's that's only about uh two feet above the ground now so once we build this if we were to build a wall that was all the way around it I mean if we were build it up higher you'd either have to slope the dirt up against the house which is prohibitive you can't you know you can't put uh dirt against shingles or you'd build a wall on that side and then it would restrict the secondary access and create a safety hazard thirdly it creates a zoning issue because now you have a structure that exists on a property line that's greater than 3 ft which is considered a structure and you have to meet the zoning setbacks so I think that when I said the health and safety issues and the environment and the Aesthetics of it I'm trying to keep it in line so that it doesn't look like you know a a a concrete wall that's in the property line that's 6 or8 feet tall um we've tried to you know add technology and treatment to offset the uh issues of of concern for impact to groundwater so and provided treatment secondary and and tertiary treatment with nutrient removal questions or comage Ron is this going to be a year round or just a season seasonal uh it's in the middle of a real estate transfer I don't know I know the house is heated so it could be year year round like in most of those places if you were to drive down there today I think you'd probably find a not a whole lot of people living there it's primarily used by boers that you know um that are in that area so I I have to assume that it's going to be primarily seasonal but I I don't have any direct knowledge of that yeah so this system is an improvement over what exists now absolutely it failed because of the real estate transfer yes yeah okay and Judy has recommended that it be approved I thought it was a typo at first when I saw this 3,291 foot square foot lot but that's what it is that's what it is um 75 by 45 any input from the public uh on um three oyster Lane all the abutters were notified as well okay all right uh then we can probably uh did somebody want to put forward a motion I I move that we approve this application with the uh stipulations uh in uh jud's memo I'll second it in a second okay and Judy can read the conditions so it's our standard conditions for fast systems and remedial use systems the applicant should restrict the property to a maximum of three bedrooms and record the restriction and variances granted by the Board of Health on the deed at the Barnesville County registry of deeds 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 or Board of Water and Sewer Commissioners directs the connection of this property to connect to the municipal sewer when it becomes available the Covenant indeed restriction will be recorded on the deed at the Barnesville County registry of deeds the system is approved in accordance with mass d standard conditions for secondary treatment unit certified for remedial use revised November 30th 2016 throughout its life the system shall be under an operation and maintenance agreement onm agreements shall be under contract for a minimum of one Year and may be with any Mass certified operator of the appropriate grade that has received training from the company on the operation of the system F1 from the system shall be monitored twice annually preferably May and October the eement shall be field tested in accordance with mass D standard conditions for secondary treatment as re referenced earlier in additional lab test um of the F1 for total nitrogen to meet the performance standard of 19 or below shall be collected and analyzed by a certified lab water meter readings are to be provided with the semiannual report if any of the field tests or lab tests fail follow-up tests shall be conducted by a certified lab and an EV an evaluation made by the operator within 30 days after of the required two years testing application can be made to the board or its agent for review and possible modification of the monitoring requirements the applicate applicant agrees to a minimum of 6 in of compacted top soil to all Disturbed areas of the property the engineer s submit an engineered asil plan including asil elevations with a written certification that the system has been installed in accordance with the approved plan no alteration of the floor plan of the dwelling or the engineer site plan will be allowed without further review by the board of its agent this variance is granted pursuant to State Environmental code Title 5 and the town of chadam subsurface sewage RS is valid for one year from the date of the Board of Health approval a permit must be issued and work commence during that one-year period or the variance shall expire okay thank you uh we can go ahead and take a vote on granting the uh variance uh for three oyster uh Drive uh all in favor say I I I all oose say no okay that variance is granted thank you very much all of those conditions will be listed in the letter that I sent out okay and um we have conservation on Thursday will you give them a heads up yes yes so I meant to say that it's going the second time to conservation correct or did it go out to conservation already once uh well we had a preliminary hearing then we had a hearing which we continued so this will be number three I think okay all right great thank you very much and I'm sorry Mr caparo sapanaro was in the crowd as was Mr Lichfield so um I didn't acknowledge them before I started thank you thank you thank you oh of course Tim Delo okay right all right uh last on the uh agenda is uh continuation of a public hearing uh to discuss the revisions to the fuel storage regulations we have to do anything to start a public hear um is contined so we can just open it okay all right and Judy has uh the last meeting uh it was lcas we discussed the language and all it was a bit confusing Judy has sent out a revision um and any comments or questions or on on this on on the latest so basically all reference to a 100% containment area has been deleted so we as long as you have a double wall right uh tank you don't need a containment V that makes it nobody does that anyways but that makes this whole if they if they wanted to do an exterior fuel storage um and use some type of containment area they would have to come to the board for approval um so my my my question I have one question that is what is the purpose of having a 4 inch thick concrete slab uh extending beyond the the the tank if it's a double wall tank I mean that won't contain it we're doing away with that huh we're doing away with that requirement well we still have that in here four 4 inch thick uh concrete I read that somewhere in there I I saw the same thing I I was just wondering why do we need a 4 in concrete yeah yeah there's something section 52 oh yeah above um above ground storage system yeah all above ground store must have a clearance of 12 in uh the area beneath the system shall be a 4in thick continuous concrete slab extending agents beyond the tank all Sid what what's the purpose of that tank I think that just yeah I think that just is so that these tanks are put on slabs and not on gravel or dirt um I I think it's just another protection these are above ground uh I think quote quote unquote containment system it's a not a containment system it's just a stur base right it's just a slab that it's put on so okay that's um but it's very much clearer than it was before yeah so I in this five any other questions or comments I have on this section 5.8 it's a long sentence here um yep asking for a variance I assume that that whole thing means if if you're so if it transfers and you have a single wall oil tank to not have it changed to a double wall tank by the time of transfer you have to ask for a variance from us right so they would come and ask for a variance and then they have still have to do it right but then we would Grant a variance with a time limit on it right as to when and then both parties are responsible for it not just buyer seller and bu are still responsible right so often times you know how some of them will come because they don't want to replace the septic system right away because they're going to tear the house down or you know change things so it would be something in that type of situ ation so we've never granted that type not in my time but that type of variance before but presumably there'd be some coming if they can't for fuel storage tanks well creating the double line oil tank in a house transfer with an oil system again if if they were planning on tearing the house down or doing some substantial Chang they don't have to yeah they could get an extension okay and then with with the extension we put a Time on it like two months or six mon months or whatever yep okay I think it's pretty straightforward um and I agree the way it was written before was was unclear even Lucas and I had to you know read it through a few times to clean the language up so this is good um okay U questions or comments from the board it's that's a long sentence there in 5.8 but I think I think it's this the meeting comes out um any input from the public any comments any comments from the public all righty uh can we get a motion to um can I just ask before we um we need to come up with a effective date um so we missed the January 1 so um we need to we need to put it in the paper just the revision so if it goes in it's the print the effective date is when it's printed or usually the effective date is when it's printed so effective on publishing which I would say have it in for next week don't you think Fe make put a date of February 1 oh you could do February 1st the date we do February 1 yeah February 1 that'll give people a chance and February 1st 2025 yep that's fine okay does this need to go to the fire department as well um no they no it's a Board of Health rig but it was the fire inspector that that promulgated us doing this CU he was concerned about the continuance of passing these tanks along yeah I think the other thing stated here says enforcement and permitting shall be conducted by the fire department in the previous one the Board of Health was mentioned a lot but we're not really it's the fire department's it's really been them yep y so that's good and of course you know we work with them on a lot of these types of things so okay so I'll move that we approve the fuel storage systems regulation as modified uh effective effective date February February 1st 20 okay 25 and I'll second second and then we ask for public input already so um none huh okay why we go we'll go ahead and take a uh roll call vote um all in favor as I call your name U State what you think uh Carol Boyce yes Ron browman yes dick Edwards yes Ron Weiser yes and Noble Hansen yes okay so those new regulations are approved taking effect February 1st so I will um put a cleaned up version together and you come in actually could sign it at the next meeting right yeah they could yeah I'll have a sign sign okay um good all right so we have a uh we have a a a section now where we called public comments future agenda agenda items requests in the past sometimes I've had a thing old business new business but the discussion is sort of morphed into other more extensive things so we're going to if if somebody wants to bring up an issue just bring it up and it'll be be placed on agenda for a future meeting and then we can right under the open meeting law we can't discuss anything that's not on the agenda so you can requests items that we can put on the next meeting um and that's why we changed that yeah all right I would like to request an update on the airport yes on the lettered fuel could that be put on a future agenda item yep okay uh any other the uh transfer station okay more it's still bad up there and have they come up with an answer of the other towns dumping in there fellow that was here was going to look look that up right so if we can bring it back um so does right we can put together something does Mr failey have to come back or not but we can work on that yeah I can get some answers um on the airport I I'm not sure do you want me to invite the um airport what's he called director or uh the chairman of the airport commission yep or or the um airport um manager okay um either one I guess would be fine just as an update what's what's happened okay and the other one I would bring up is um uh I'm blanking on oh uh Hill Road uh followup and we might time that when there's significant new information available okay yep uh okay and anything else well do we want to discuss uh the um short-term rental regulations and how things are uh y working uh in that regard sure um that'll be starting again yeah yeah we'll be we'll be doing some um new uh renewals and yeah I'll have more information on that as well okay good I think that's great we'll have a little we can I can put together like a running topics kind of thing like um Ju Just for us not to put on the agenda um just so you can see you know kind of a reminder of topics that the select board has something like that future agenda items they call it um you mean potential future agenda items yeah just kind of um a list of projects I mean there's that we've dealt with in the past that we sure that'd be great I think yeah um I think it would be helpful for new members of the board to get a little bit of background information I I don't know what the issue is with the airport or the transfer station or whatever so a little bit of background information yeah I can put together something that will kind of bring it up bring it up to speed for everybody and maybe minutes from the meetings when when we did dis did discuss it that goes to the members so they can review it right um Flo building makes sense deterior all right yeah I think that's great uh okay any any other um any other uh agenda items request I don't see from the public so yeah all right and then we have uh minutes from December 16th uh our last meeting any additions Corrections and if not may I can get a if I can get a motion to approve uh you do want to I I know I'm not a voting member but it says Judy Georgio said I wasn't here at that meeting oh no I just noticed that did did the secretary make an error secretary made an error oh no way oh no I was in Rome that night ouch uh okay can I get a motion to approve the meetings the minutes of uh December 16 meeting I'll make a motion to approve the minutes of December 16th and a second I'll second okay and we can take a Voice vote all in favor say I I okay and opposed okay hearing un opposed those minutes are approved and then we can go ahead and adjourn the meeting I move to adjourn the meeting I'll second all right and then uh Voice vote all in favor say I iose all right we are adjourned you guys are