WEBVTT

METADATA
Video-Count: 1
Video-1: youtube.com/watch?v=wL7GVmCjXm4

NOTE
MEETING SECTIONS:

Part 1 (Video ID: wL7GVmCjXm4):
- 00:03:59: Board of Health Meeting Opening and Introductions
- 00:05:59: Continued Variance Hearing for Jason Hall Postponed
- 00:06:47: Variance Hearing: IIA Technology Approval for Tetosto LLC
- 00:12:38: Discussion: Revisions to Short-Term Rental Regulations
- 00:23:26: Public Hearing: Revisions to Solid Waste Regulations
- 00:30:29: Public Comment: Leaf Blowers and Short-Term Rentals
- 00:32:09: Public Comment: Support for Short Term Rental Regs
- 00:33:16: Approval of Prior Meeting Minutes and Adjournment


Part: 1

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Good afternoon and welcome to the board of health meeting of May 4th, 2026. Pursuant to Governor Healey's March 29th, 2023 signing of the Acts of 2023 extending certain CO 19 measures adopted during the state of emergency suspending

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certain provisions of the open meeting law 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

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demand viewing on any smartphone or tablet. If anyone else is recording this meeting, including the use of AI notetaking apps, please notify the chairman. Every effort will be made to ensure that the public can adequately access the proceedings as provided for

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in the order. A reminder that any persons who would like to listen to the meeting while in progress may do so by calling the phone number 1508-945-4410. and the conference ID is 818193939 pound or they may join the meeting online via Microsoft Teams through the

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link in the posted agenda. While this is a live broadcast simalcast on Cadam TV Xfinity channel 1072 despite our best efforts we may not be able to provide for real time access. We will post a record a record of this meeting on the

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town's website soon as possible. I'll turn the meeting over to our chairperson, Carol Boyce. >> It shall 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

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as part of the agenda item discussions. And we have four items on our agenda today. And the first one was a continued variance hearing for Jason Hall and Jill Zelikus

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80 Bay View Road Ryder and Wil Cox Inc. And that is going to be continued to the May 18th meeting >> at their request. >> Per their request >> we need to vote on it. They need to vote to continue. You need to take a vote. >> It's continued.

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>> You need a vote to >> We need to vote to Okay. So, we need to vote to continue this to our May 18th hearing. >> I'll make a motion that we continue it until May 18th. >> I second. >> Okay. And take a vote. Carol Gordon

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>> I. >> Joanna >> I. >> And I say I. So it will be continued to the May 18th meeting. And next we have a variance hearing

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and approval of IIA technology for how do you say that? Tequetto >> Tetosto >> LLC lot B18 Terrell's Way Clark

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Engineering. >> Good afternoon. Uh David Clark, Clark Engineering. Um so this is a uh 20,000 plus square foot lot in a zone 2. Um so uh under the

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state regulations um and Cadam regulations um it's limited to one bedroom per 10,000 square feet unless the owner is willing to provide an IIA system for the reduction of uh nitrogen. So that's what we're proposing uh

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three-bedroom house uh with a microfast treatment unit to reduce nitrogen. Um I assume that the board will put their standard conditions uh which Judy will probably read momentarily. Uh you have

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the floor plans for the house. It's a uh given the topography uh it's basically a ranch uh with a walk out. There's no second floor. Um so there's three bedrooms on the first floor and there's an unfinished basement um on the walkout

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level below. Is this a vacant lot? >> Yes, it is. >> Do we have any questions? >> I have a question. So, you're showing the system is 19 ft from the slab.

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Yes. So it's it's um the elevation of the leeching component is below the slab elevation. >> The basement slab. >> The basement slab. >> Okay. >> Yep. >> Okay. >> Thank you. >> Okay.

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>> They required to have 20 ft. Um >> but we if it's a full foundation. So he's >> Yeah. >> Yeah. 10 is okay on that circumstance. >> All right. >> Yeah. >> And any questions from the audience?

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>> I don't have any questions. Seeing none. >> No. Okay. >> Looks like it's pretty good. >> Um, so should we take a vote? >> We need a motion. >> Need a motion >> to accept. Oh, this is >> I'm still just looking.

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>> So 19 ft right here. Okay. >> I make a motion that we accept the 19 ft in the garage. >> No, >> that that's not a variance. That's just >> No, no variance. We're accepting >> the plan >> the plan as >> with the extra bedroom.

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>> I didn't know what you meant. >> Okay. I accept that we >> the plan. >> I propose that we accept the plan as presented. >> I'll second that. >> Okay. And let's take a vote. >> Can I read the conditions or >> read the conditions?

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>> Yeah. Um, just to clarify, this is a zone two of a public water supply. So, um, there's certain testing requirements under title five. So, I tried to outline those and this system is approved for that. Um, the applicant should restrict the property to a maximum of three

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bedrooms and record the restriction on the deed. The applicant shall sign a covenant/deed restriction with the board agreeing to comply at such time as the town of Chadam through its board of health andor board of water and sewer commissioners directs the connection of this property to the municipal sewer.

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The signed covenant and deed restrictions shall be recorded at the Barnsville County Registry of Deeds. Throughout its life, the system shall be under an operation and maintenance agreement. Approval of the system and operation agreement shall be in accordance with the Department of

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Environmental P protections biomicrobics certification for general use approved December 29th, 2010 revised March 20th, 2015. Total nitrogen shall be monitored in performance standards of 19 milligrams per liter is required to be

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met or below is required to be met. F1 shall be tested quarterly for the first two years, then twice per year thereafter after approval by the board or its agent. The applicant agrees to apply a minimum of 6 in of compacted top soil to all landscaped areas. The

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engineer shall submit an engineered asbuilt plan including asbuilt elevations with a written certification that the system has been installed in accordance with the approved plan and title 5. No alteration to the floor plan of the dwelling or engineering site plan will be allowed without further review

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by the board of health or its agent. This variance is granted to the state environmental code title 5 in the town of Chattam. 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

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period or the variant shall expire. >> Okay, >> now you can. Okay. Now, we need a motion to accept. Um, >> no, you already got that. So, you need to vote. >> So, we're just taking a vote. >> Yep. >> Okay. Carol,

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>> I >> Joanna, >> I >> And I say I. So, it's been approved. >> Easy enough. Moving right along. >> All right. And the third item on our agenda is a discussion regarding the

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revisions to the short-term rental regulations. >> So I don't if you recall we made some changes to suggested changes to the regulations and then it went to the select board. Um now it's coming back to

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you. Um this is just a discussion at this point. I don't know if Greg wants to present it or >> Yeah. Yeah. and I can do it fairly briefly. >> Yeah. >> Uh so March 24th, we brought this before the select board. Um this is something

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that uh has two aspects to it that we've kind of discussed before. One is aligning it with the calendar year that our housing inspectors indicated would be better for town staff but also better for the people who have short-term rentals to go

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with a calendar year. The other aspect is to increase the fee. Um, as was shown previously and to the select board, we were one of the, uh, lowest fees on CAPE, uh, we're still not the highest by far. Uh, but with this increase in fee,

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we can start supporting the staff needs to manage this program. Uh, primarily, uh, our housing inspector in health and also the, um, to be hired in community development that needs to be a certified

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building official. And um this was pres presented to the select board. Um I believe um uh member Smith had to recuse himself, but it was unanimous from everyone else there to recommend back to the board of health to uh align with the

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county year and increase to a $200 fee. I believe in what Judy has provided you for amended regulations, it looks like you might want to put the onus of the actual dollar amount back to the select board. Um, I'm happy to bring that back

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to them later, but that's for, you know, this group to chat about. >> Thank you. Yeah, I I I just felt like um instead of having an exact fee in the regulation every time if it needed to be changed,

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we wouldn't have to come and change the complete regulation. And since the um selectment select board sets fees for other things like the transfer station, I thought it possibly would be a good idea to let them take this one as well.

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>> So, do we have any say with between for this $200 amount? Not if we Well, I mean, you certainly can make recommendations and um comment as the board to them, but if we give it to them, then it would be their final call. >> Okay. >> Yeah.

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>> Question. >> Could you just repeat about the inspector, the hiring of an inspector and when that would take place? Well, of course, it depends when it passes, but >> Right. So, the the I call it an unfunded state mandate is already in place. Uh

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pretty much all the towns with short-term rentals have been trying to figure out how they're going to implement that. Um the provision in the state law indicates it has to be a certified building official. So um it would be in community

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development and they have been advertising for a position. I don't think it's been filled. Um, I think they're still trying to get a feel with some of the other towns, too, how that might work and to throw another little wrench in the works. Uh, that there's

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also, um, under the FD, I'm going to not remember the exact name of it, uh, but potentially there might need to be another inspector for short-term rentals having to do, uh, with somebody from the FD specifically. So, swirling around at all that is there might need to be

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another inspector. Um, again, mandated by the state. So, I I think maybe community developments have been holding off a little bit until that shakes out, but we're not all that sure exactly when that will happen. >> So, there could be two new hires for this. Is this right for this program?

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>> The the one building inspector was approved at last town meeting. So, the funding's been in place for that so far all this fiscal year. They just have not been hired yet. Um, as far as the FD, um, we still don't know how the state is going to vote or not vote on that. And

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at that point, you know, FD would need to determine if they would need to bring somebody new in. And I can almost guarantee it that number of uh the the 900 give or take that we have in Chattam is too much to absorb for pretty much any department's existing staffing.

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>> So, we don't have any building inspectors on on staff. Now >> we do, but they don't have an extra 900 built into their schedules. >> I see. Okay. Okay. Thanks. Thanks. >> Would there be a possibility that if you

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hire one inspector that you could share the other inspector with another say Orleans or if if there I know we have a lot but um just as a question. >> Um I I thought you going to say share between our departments and even that is

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somewhat complicated. Um, it it may depend on how that fire department law is actually worded, whether it has to be somebody employed in a fire department or just by the town or it we don't really know what those stipulations are. Um, that said, the the 900 I think

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community development needs to assess it, but even doing 900 a year might be an entire person. Um, splitting it with another town, you'd have to have more than one already. >> Uh, we we do have a lot. Um there and Karen could fill us in a little about

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you know some of the other towns. Um but I I feel like we are probably in the top you know four or five certainly per capita on the Cape. Um so we have a lot >> we have 900 short-term REMOS. Is that what we have?

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>> Uh Karen current number that you have? Um, I don't have an exact current, but we've got about 700 registered so far for 26, and there's kind of about 200 250 that are hanging in a limbo. >> Okay.

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>> Would we ever consider putting a cap on short-term rentals? >> It's not up to us, I don't think. I >> Pardon me. >> It's not I mean, currently, it's not up to us. I mean, it would some be something that would have to be a broader discussion in the town, I think.

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>> Okay. >> Yeah. >> I don't It might even be a zoning. I don't know if you would do that through zoning or >> I'm not sure. It's a that's a another discussion. >> Yeah. >> Okay. >> Yeah. Yeah, I mean for for your board of health regulations and your entire you

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know registration program, you've been very specific about that uh this registration does not alleviate the you know onus of having to abide by all the other department regulations uh through town. So >> exactly >> we're just >> we're the registrants

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what the rules they follow uh besides the bedroom definition and other board of health things they they still have to follow the other departments. >> Okay. Is is the two I'm sorry, another question. Go ahead. I said is the $200 registration fee is that set in stone now? Is that that's what it's going to

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be from 50 to 200? >> So the the 50 to 200 uh was presented by uh Kathleen Donovan and myself from community development to the select board. Um we you know showed them a a range. Our recommendation was 200. Uh

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right now the board of health has the only number which is 50. Uh select board recommended to you after we've re recommended to them to go to 200. Um so I mean that's something you could do in your existing rig is put it as 200 or it

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goes back to the select board and I I would imagine that they would do 200. Um hopefully you know if you decide to put it back to the select board there won't be as much back and forth. Uh we kind of clear up the system here. >> Okay.

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>> What the people that have registered for this year, >> what did they pay for a fee? >> It it's the $50. This wouldn't go into effect until the next registration year. and and the select board did discuss, you know, potentially uh uh staggering

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the increase over time, but looking at, you know, adjacent towns and the fact that they're still nowhere near the top of the curve on that that they didn't feel a need to to stagger it or implement it solely over time. >> And probably, you know, some of the

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other reasons is the it I believe it was mentioned that it's it's not that large of a fee compared to how much money is made with some of these properties. Also, >> that that's true. It's just a big jump, but I agree. >> Okay. >> Yeah. Thank you. >> So, should we go over the changes that

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have been made? >> Um, sure. So, I can just read them. Uh, there's just a few. We added um in section A under registration. We changed the wording to say the owner of the dwelling

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shall be required to submit a short-term rental registration application prior to acting as a short-term rental. the form and content of which shall be provided by the town. The period of registration shall be one calendar year running from January 1st through December 31st and

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all permits shall expire on December 31st of the applicable year. So that's um this changing it from the February 28th which I guess was confusing to people. Um, and then under fees, um, we

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put in we took out the fee for the short-term rental shall be $50 and we put out the fee for short-term rental registration or renewal shall be established by the select board. >> And that will prevent the back and forth

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>> hopefully. >> And with that, yeah, right. We won't have to have a public hearing to change the fee. >> Um, and that the only change I think. >> That's it. Yeah. >> So, it's two, you know, two small changes but not

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inconsequential. So, >> right. >> Yeah. >> So, um we would need to have a full public hearing advertised in the paper and before these would go into effect. Okay. >> You still have time to think about it and um but if you want, we can schedule

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the uh public hearing for sometime in June or >> Yeah. before I leave or even after but whatever we can schedule it. >> All right. Whenever >> Okay. >> Okay. >> So that is that.

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>> Thank you. Thank you. >> All right. And >> the fourth item on our agenda is a public hearing to discuss revisions to the regulation on governing the solid waste disposal facility.

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So I'll open the public hearing for the regulation in governing the solid waste disposal facility. And Judy is going to read, >> right?

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I'll make sure I have the right one here. >> I just gave you one. >> What? >> I just gave you one. Which one? Give me another one. I don't know which one. I got too many copies here. >> Okay. So, I'm going to read the changes

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to the existing um regulation. We added section 8A, which is a request for waiver. Um and then everything is the same. Six until section six. We added a um some

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wording regarding mandatory recycling. In order to protect the environment, promote recycling and comply with the D the mass D waste bands 310 CMR19.017. The town of Cher Cadam hereby

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established as a requirement for mand mandatory separation of recyclable materials from the solid waste stream. This requirement applies to all residential and commercial generators in the town of Chadam. This requirement does not extend to separation of recyclable materials from the from solid

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waste generated by the public and disposed in public receptacles. The town of Chadam will inform all generators, residential and commercial at least once a year that the recycling is mandatory. Um

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and then we added in section 8.1 uh under licenses for commercial refuge collectors and transporters as a condition of permit renewal commercial haulers shall sign an affidavit affirming that only waste collected

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within the borders of the town of Shadam of Chadam shall be disposed of at the transfer station. And we added a request for waiver on section 8A. The board of health may

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consider a request for a waiver from any applicable regulation contained herein. The granting of any such waiver shall be at the sole discretion of the board. The burden shall be rest with the applicant to demonstrate to the satisf satisfaction of the board that the

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waiver is justified based on good cause. um demonstrate hardship and or a clear municipal benefit. The granting or denial of a waiver is within the sole and unfettered discretion of the board. Request for a waiver shall be

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accompanied by any and all information supporting the same. No hearing is required, but the board may consider the request at a public meeting. If the board does not issue a decision on the request for a waiver within 60 days of the submittal, the request shall be

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deemed to be denied. And then we added we beefed up the enforcements and violations sections added 9.2 violations of any provisions of these regulations shall constitute grounds for enforcement action by the board of health. Such enforcement may

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include immediate suspension or forfeite of any sticker and/or permit authorizing use of the facility. Upon suspension or forfeite, the residential user shall be denied access to the facility. Reinstatement of this facility access shall require the residential user to

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apply for and pay for the full fee of a new sticker unless otherwise determined by the board. The permit office shall be notified of all suspension and forfeitures. Commercial haulers found in violation of these regulations may have their permits suspended pending a hearing before the board of health. The

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board may require the commercial haulers to appear show cause why the permit should not be revoked. Following such hearing, the board may reinstate conditions suspended or revoke the permit as it deemed appropriate. In addition to suspension or relocation, violations of these regulations may be

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subject to noncriminal disposition and fines in accord according with the applicable mass general law and local bylaws. Each day violation continues shall constitute a separate offense. Any board agreved by a decision of the board under this section may request a hearing

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before the board within 10 days of written notice. That's those are the changes. Um >> do we have any commercial haulers that come in from that that aren't local? Do we have any from any other towns? >> We have some that have permits but um to

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transport through town and pick up in town. Um >> not many of them use the facility to dump. >> Okay. I was just wondering if they pay a higher fee than our local people do. No, it's all >> here. Okay, thank you. >> Um,

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I don't see anyone. There's no one in the audience and except for select board. >> Are there any comments from the audience? >> And there's no one online. So, >> no. >> Okay. It's

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>> up to us. >> So, you can take a vote on >> you should close the hearing. There are no comments from any Yeah. >> All right. So, we'll close the hearing and we'll take a vote on accepting the

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changes to the regulation governing the solid waste disposal facility. >> I'll make a motion to accept the changes. >> Okay. >> Document status. I second it. >> All right. And the vote >> I.

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>> Joanna >> I. >> And I say I. So the regulation the changes >> have been approved. >> Excellent. So what we'll do is the publish the changes either we're going to do the whole document which might

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make it easier so it's not confusing >> or we will put just the sections that have been changed >> and that will be in the papers. >> Okay. >> Okay. >> Right. >> All right. >> And I it will be posted um on the board of health and the um health division's

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website. Okay. >> So, you'll have to come in and sign the the final draft the final document. Yeah. I'll clean it all up, make all the edits, and um make sure everybody's name is spelled right. >> Okay, >> that's good. >> Yeah. >> Put the right dates on it and all that.

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So, >> all right. >> So, that is that. >> So, do we have any public comments or future agenda item requests? >> I do. >> You do? Okay, always of course I did.

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Now I have a question. Well, two questions really. Um, okay. For leaf blowers, would that come under our purview with the with the uh the noise violation, noise ordinance as far as affecting quality of life? Would that come under our purview?

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>> Um, I'd have to look into that. I mean, I think that some boards of health may have made regulations regarding that. Um, there are noise bylaws in town. I would have to see. >> We don't have a firm noise ordinance though. It's if you can hear it 150

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>> feet away, that's one thing. But otherwise, there are no particular hours, >> right? >> That are set right now. >> And I've been getting a lot of questions about leaf blowers. >> Yeah. But we'll have to look into that. Yeah. >> Um I I can see what some other towns have done. I think there was some u

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regulations in maybe Nantucket or Okay. >> Um I can definitely look into that. >> Yeah, I know. I think uh Harwitch has it on their agenda, but but just for more of a discussion. >> They're having their town meeting or something today. I think it's Haritch, but anyway, but they're beginning. >> It's a bylaw.

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>> They're beginning to discuss it. They don't have anything, but >> Okay. Thank you. >> Okay. >> Is that any other requests or comments? >> Yes. >> I'm sorry.

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getting yelled. >> Oh, excuse me. You have to go to the podium. >> She's giving you the finger. >> Just a comment of thanks on the short-term regs. I thought you guys did a great job on that. I think it is a good compromise um with with the waiver. I think it's a really good job. just a

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comment on the two inspector positions or the one inspector position was in last year's budget that we haven't filled and the request from the state that the states um has come through there they're responding to the when John Hubard who was a policeman and Dennis and his wife were vacationing up

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in upper state New York if you recollect >> and they were at a short-term rental and she lost her life in a fire as did a child if you recolct was about a year ago >> so this is the state's response to that I think Joanna's question was perfect if we could combine the

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they want the fire department to be involved in these inspections to make sure there's fire, you know, obviously fire alarms and carbon monoxide alarms. But if we could combine the two would be, you know, the two positions somehow it would be good. But I don't know if we can do that yet by rig. That's all. Just wanted to let you know. Thank you. >> Thank you.

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>> Thank you. answer. >> Um, should we do reading of the minutes of the meeting from April 13, 2026? Any changes or corrections or

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>> So, shall we approve the >> Yeah, I'll make a motion to approve the minutes. >> I second it. >> All right. And Carol, take a vote. >> I I >> And I say I. So the minutes are approved.

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And now we can adjourn the meeting. >> Correct. >> All right. >> I make a motion we adjourn the meeting. >> And Joan, I second it. >> All right. And I'll take a vote. Carol, >> I I >> And I'll say I. The meeting is adjourned.

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>> Thank you.