##VIDEO ID:xbUJRvX2IOE## e e e e e e e e e e [Music] p PA [Music] November 18th 2024 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 the meeting please notify the chairman pursuant to Governor hey's March 29 2023 signing of the acts of 2023 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 March 31st 2025 this meeting of the chatam Board of Health is being conducted in person and via remote participation every e 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 would like to listen to this meeting while in progress may do so by calling the phone number 8945 4410 and the conference ID is five what is 5087 94720 pound um while this is a live broadcast and Sim will cast on chadam TV channel 8 and 1072 um despite our best efforts we may not be able to provide realtime access we will post the record of this meeting on the town's website um I'll now turn this meeting 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 law so as to encourage public participation whenever time permits and as part of agenda item discussions uh we have three U items on the U agenda today but first let's establish a quorum and when I call your name please say present Carol Boyce present Ron Broman yeah dick Edwards present and we have a new member Ron Riser present and Noble Hansen I'm present so we have a quorum and the the first item on our agenda is variance hearing and approval of IIA technology for Janine hoit 289 sepine Road nominee trust 289 sepine Road teag and bond and is there someone here to present the case for 28 289 cine Road let's see somebody from Ty and on Sean Riley are you yes I don't know why I'm having trouble Janine hoit Sean Riley I'm not seeing anyone um they were invited so let's see okay we we just wait a moment but can you tell if there's anyone else logged on uh I I'm having trouble bringing up my maximize meeting window oh there we go yeah I don't see anybody from Ty and bond in here okay well I guess we can just put that aside if if they come before uh we finished the we can have them come on oh yeah all right so Sula do is here for the next one okay all right so we'll move on to um item two which is variance hearing and approval of IA technology for McMullen Family Trust Eastwood companies 2548 Main Street strong tree engineering and do we have someone from strong tree engineering to present the case Susan J I'm Susan Le from Eastward companies is here Justin lamro our engineer is here also can you hear me here also yeah we can hear you okay great I'm going to uh just present our cover letter and uh then turn it over to Justin if he has anything to add and then for questions so our the property at 2548 Main Street is a 36,990 square foot lot with 10.91 ft of Frontage on Main Street or Route 28 and this lot currently has two structures on it a 578 squ foot garage or out building and a 100 sqt shed and the proposed conditions we are proposing to remove both the existing buildings from the site and construct a four-bedroom home that will meet the zoning requirements for the building setbacks and coverage and Justin has prepared the attached site and septic plan that you're looking at now showing the proposed four-bedroom home and septic system and because of its size this lot can only accommodate a standard three-bedroom Title 5 septic system under the board of Health's current regulations the San septic plan proposes the installation of a 1500g septic tank utilizing the microfast uh IIA technology approved by d uh nitrogen reducing to allow for four bedrooms while decreasing the nitrogen nutrient load of the flow from the Wastewater the accompanying nitrogen loading calculations demonstrate the environmental benefit of using the microfast system for four bedrooms versus the standard tidal five system for three bedrooms and although the lot is allowed three bedrooms per current RS we believe that the Board of Health can grant the requested variance from section 5.1 procedures which requires a sewage Disposal system shall be designed to receive 440 gallons per day or less per 40,000 square fet of lot area and pursuant to the requirements of section six of the board's regs to allow for an IA system for that fourth bedroom based on the following one a three-bedroom standard tidle 5 septic system designed under the current Board of Health Rags will have a mean nitrogen load of 10.17 milligrams or parts per million the proposed four bedroom septic system utilizing the microfast system will have a mean nitrogen load of eight parts per million 2.17 parts per million less than the three-bedroom system an additional 110 gallons per day can easily be handled on this lot with the use of an IA nutrient reducing technology in conjunction with the on-site subsurface sewage Disposal system as demonstrated in the calculations the nitrogen loading calculations also demonstrate to the bordel that the discharge of the affluent from the proposed septic system will offer the same or better level of protection to the ground or Surface Water Resource as would be provided by the strict application of this regulation the proposed 1500g sepa tank soil absorption system and designated Reserve area will meet the Board of Health regulations for setbacks the proposed system will have little to no impact on present or future private or public drinking water wells Watershed and or wetlands and the depth to groundwater soil conditions and or Topography of the site where the system is proposed or suitable for the proposed system if if Justin has anything to add um I'll turn it over to him thank you thank you how you doing Justin Lemo yeah Sue covered it Susan covered it pretty well so the only variance is the IIA there's no other Varian where we're requesting so standard 1500 gallon septic tank with micro fast uh to a debox and then a four bedroom field so everything else is standard I just wanted to add I just wanted to add that this is a zone two of a public water supply so um they would only they can only add one bedroom but it does meet the state requirements for the extra bedroom in the zone two of a public water supply they just have um stricter uh operation and maintenance and testing requirements um they are would be required to test four times a year for the first two years and then they would reduce it to twice a year after that okay thank you um yeah questions from the board uh dick I see the entire basement is finished with a bath and a shower I mean a shower and a and a toilet you what are the plans for that basement that's it's it's an open family room space that that's the only plan we have for it at this time and then there is um one third of it is uh left is unfinished right is it all below grade Su yeah all below gray yeah if you look at the site plan and I believe it shown on the house plan as well there is a window well on that west side of the house so there are those windows at that lower level um just to bring in some natural light say if somebody you know if somebody wants to have their um it's going to be a family room but if they want to have um couches down there and TV or whatever just to bring some natural light in to the space other questions or comments from the board um so um on the on the first floor plan the the dining room there's a uh an archway 7 foot Archway that goes to the foyer that opens it up that goes to the foyer yes and then there is a my plan is so small says paneled opening does that mean it has like panel doors or something it's a a CED opening CED open it's it's it's it's finished and and so and it does have that wide 9 ft or so opening to the um great room and then also the opening the cased opening to The Butler's Pantry so it's open on three sides right and then on the second floor there's a loft but there's a I guess a 7 foot Archway um from The Loft into the um stair area is that the that's a CED opening open I believe that it's a 72 in cased opening so it's a six foot wide cased opening okay so it's it's finished off no doors to that space and yeah it is a loft we'll have a a door out to that um Upper Deck okay um so this is a 36,990 ft lot would get three bedrooms by right and they're proposing four bedrooms with the installation of a stu microfast system uh and you're demolishing the current structure uh so it seems pretty straightforward um other questions or comments from the board uh any uh questions or comments from the public I don't see any okay we see none then I think we can probably go ahead and take uh a Voice vote so I I move to approve uh this application with the stated uh uh comments regarding the U Innovative alternative system and its maintenance and we'll have Judy read the uh conditions afterwards a second I'll second it and then Judy can you read the conditions for us and as I mentioned this is um a zone two of a public water supply so we're going by the general use uh approval for systems in a nitrogen sensitive area the applicant should restrict the property to a maximum of four bedrooms and record the restriction on the deed the act 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 and or Board of Water and Sewer Commissioners directs the connection of the property to the municipal sewer system signed Covenant deed restriction shall be recorded at the barn County record registry of deeds and a copy of it uh supplied to the Board of Health throughout its life the system shall be under an operation and maintenance agreement approval of this system and O andm agreement shall be in accordance with the D uh biomicrobics certification for General use approved December 29th 2010 revised March 20th 2020 2015 the total uh nitrogen shall be monitored and performance standards of 19 milligrams is required to be met fence shall be tested quarterly for the first two years then twice per year thereafter um approval thereafter approval may be reduced by the Board of Health the applicant agrees to a minimum of 6 Ines of compacted top soil to All Landscape areas of the property the engineer shall submit an engineered ASU plan including as built elevations with a written certificate ific ation that the system has been installed in accordance with the approved plan no alteration to the floor plan of the dwelling or the engineered site plan will be allowed without further review by the Board of Health or its agent and this variance is granted pursuant to Title Five in the town of chattam sub SE RS is valid from one year from the date of the Board of Health approval permit must be issued and work commence during that one-year period while the variance shall expire okay thank you um or I think we can probably go ahead and take a Voice vote um all in favor of approving the variance for 2548 uh Main Street um say I I I all oppos say no okay that Varian is granted thank you very much you're welcome thank you thank you okay um the third item on our agenda is a review and discussion regarding revisions to the Board of Health fuel storage regulation and Judy's going to talk about that I believe in my time on the board we've never had an issue come before the board as a whole that I recall but um there is a Board of Health fuel storage regulation they've been modified and Judy will tell us more about that okay so these are uh um these are hello dick these are um fuel storage regulations that have been in uh since the 80s with the town of chadam um they include underground and above ground uh fuel storage including um tanks inside residences uh fuel oil oil fuel storage um at the request of the fire inspector um he request Ed that we change these to require that um at the time of sale uh they be replaced with a double basically a double lined um fuel storage tanks this this is something that's going on um all over this all over ma um the cape and probably Massachusetts um we so far haven't been requiring people to replace them so I know it's difficult on your your paper copies um to see the changes that were made maybe if I share this you'll be able to see it better I'm going to see share my screen I can figure it out it looks like maybe the changed part is 5.8 there we go um yes if you scroll down to 5.7 uh you'll see and I just brought it up on the screen it's not easy for people at home to see but um basically what we've done is we've added these three sections and there are going to be some before we have a public hearing I'm going to make a few more changes a couple of the the code uh references are incorrect and we did meet with the fire inspector today and he's going to he um updated some of those um just to make sure is such an old regulation we want to make sure all of our fire code um references are correct um so a public hearing means it comes back to our Board of Health so public hearing and then you can right it it's an it's going to be advertised in the paper twice and then we have a public hearing so that anybody from the public who has any concerns about the enactment or the revisions to this regulation just like we've done in all our regulations can come and speak can speak to it I don't foree there to be a lot of um objection to this at all I think most of the Realtors expect it anyways so then maybe you can get us out to us u a copy with with colored what's Chang yes yes I I apologize for that um why does this say Dennis that was one of the changes I caught today so I I already changed that on mine I don't know if you can see it on the screen it's we used uh the the town of Dennis's RS um to to make the revisions on ours um basically what we're adding is that all new above ground fuel or waste oil storage tanks installed inside or outside shall be required to provide 110% containment capacity to prevent contamination from leaks that may occur so what we're saying here is all new above ground fuel or waste stoage tanks these are commercial tanks um not inhouse tanks um so that 5.7 refers specifically to commercial above ground storage tanks and then in 5.88 it says at time of property transfer all above ground fuel storage tanks um and and this you don't have it in there we just changed this it will say and inhouse storage systems shall be replaced with a double wall fuel storage tank or shall be required to provide at 110% containment capacity um so if you SC if you look at the top the definition of an in-house storage system is any fuel storage system that exists in the confines of any house Barn dwelling or other buildings and is surrounded by imperious material concrete M masonry Etc in such a way that a spill would be contained so what what would 110% what would 110% uh containment so it would be 100 yeah I mean it would be I think impossible for an in-house one to do that so they would definitely just need to do a um aligned a double walled tank um yeah I mean if you've got a 500 gallon tank you're looking at you know a 1,200 gallon containment or something so it would be like a 600 gallon bathtub underneath it yeah exactly or some type of a walled in area which isn't what we are asking people to do we're basically asking them to replace these tanks with double walled tanks um so and then in 5.9 again we added if an existing above ground storage tank and then not on your rig but we added it today and inhouse storage system if it exists in a building being transferred the buyer and seller may apply to the board of health or the fire department basically we we expect that these will go directly to our fire inspector and he will review them um for an exemption from this regulation if the intent is and we added to demolish and rebuild the property and or Andor convert to another form of heating Appliance not use not using fuel oil or remove the existing single wall fuel storage tank and replace it with a double wall storage tank the buyer and seller must agree in writing to the agreement and accept joint responsibility for completion of the replacement and or removal at a time frame for the completion a time frame for the completion of of the removal and installation must be submitted to the board of health or fire department with the application or exemption we we feel that this the fire department has really been handling these all along that um for the most part they will take the lead on this but we wanted the board to have still have authority to be involved if if we needed to be does this mean that underground fuel tanks are no longer allow are underground fuel tanks no longer allowed they are not allowed but it doesn't say that here well they they're not it says that you have you have to remove it within 25 years but it doesn't say you can't put in a new one I think I think if for um they have to get a special permit for underground people don't put them in in residences they're they're very rare outside now most the ones that were in residences have all been removed um the Barnesville County uh had a program for many years getting those removed from properties so I can double check and see um yeah I'll have to look into it says the installation of all underground storage systems shall be permitted only with a variances set forth in section 9 but in section n it I don't see anything that says anything about a variance to put in an underground system I'm missing it it says they have to be removed after 25 years but I don't see anything that says how you get a variance to put in an underground tank but the first page says you need a variance to put in underground tank see is there anything below section okay I will you know what I'll have to go through that again and um clarify that uh uh Judy so if you have a store an oil storage tank in your basement that's on a stand is that's considered an above ground tank an inh yes by the definitions here it's called an inhouse okay and then if that's in a in a basement that has concrete walls and a concrete floor is that consider considered to be in a a contain containment 110% containment no it has to be a separate it has to be um it would have to be a separate containment yes underneath or they would have to replace it with a dual walled okay and then T is is somebody inspecting Homes at transfer yes for these regulations it's not us it's not you yes the fire inspector he goes into makes a record of the inspection yep he goes into all homes that are being transferred and checks the smoke detectors he will be doing he will be adding this to his inspections when he goes in and working with Realtors and making sure they understand what needs to be done so um if you have an oil tank in your basement without a containment system that's Grandfather at this point but if you're not transferring you just you can just REM yes yes but when they go to sell the house it has to be replaced okay and that's really the Crux of of us doing this to get these up replaced will there be any additional inspection by Health Department with these new no it all be you so you coordinate with them right we would work with with uh fire inspector Rich Chevy and he will be available at the next meeting to answer questions as well okay um I just wanted to give you a quick look at these tonight and I will look into the underground fuel storage variances I'm I quickly I can't um so this is a preliminary look and then you'll come back with the final regulation with a public hearing and then we'll have to actually vote on it right so the next draft and I'll make sure you have copies that are you can see them they're red uh you'll see all the changes we've made even from this one and um that meeting will be December 18th yeah the 16th yes Ron you have a question does that does this have anything to do with the up at the airport any of there tanks of uh well their their tanks would be on they're above ground fuel storage so they would they would comply with these regulations because go I asked if they would they I was told that they're double walled and some and someone was going to look into it to make sure and I never heard back he left but then they would need a containment system under them as well correct yes well or are they grandfathered they'd have to have 110% I can look and find out what they have I don't know off the top an issue they're few and they're apping for more fuel storage capacity but they would be required to meet these regulations yep other questions or issues for Judy to take uh uh into account when she red do them okay any input from the public or online I don't see anybody in the room so okay all right so we will did you give a date as to when that's coming back 16th December 16th 12 and Lucas will be presenting it and so will Rich Chevy from the fire department what's it what's the what's his last name at the fire dep Chevy Chevy Richard okay he's the fire inspector all right we have to advertise it right so the 16th gives us time good so so um now I'll just ask now do we have anyone for um Janine hoit 289 C Pine Road nominee trust Teague and bond here to present uh the case for that variance online I I think we should table it they're okay so we'll table that and they'll get in touch with Judy or Judy with them and we'll set up another time yeah I don't know okay um can I yes before they redo this this thing that that that there's a couple of issues number one the existing property is out of compliance because they have five bedrooms they have four bedrooms in the house and one bedroom in the garage so they they're out of compliance they have more bedrooms than their lot size allows um I I'd have are we going to discuss it we have the we have the plan we have the plan and the second thing is the plans for the new construction are very confusing since the garage plans show up on several different views and and they're different on each view so on one view the garage has a door into the Breezeway on another view the garage has indoor steps on one view of the garage has outdoor steps so this is a mishmash yeah why don't so they should present plans that are consistent okay so this is a 40,000 foot lot so they were allowed to have five bedrooms it's over 40,000 square ft they're um without an AI system no no they're they're uh proposing to demo existing house they're demoing the existing I know I'm saying it the existing house as it stands now should not have five bedrooms right I they yeah they has five though it's an existing house so but they were only proposing five so I I notic that and they are giving us an IA system why don't we why don't we wait till they're here so they can respond to all this and and have it as if they're going to come back I'd like them to have plans that show the garage okay so better garage same way on each page of the plan you know okay I'll take a look at them again yeah okay so and if the current house has five bedrooms it is it moot because it's going to be demolished I mean we yeah we could you know as punishment we could force them to tear down the existing house but which I think that's their plan right exactly okay all right and then um old business I would just ask Judy so the short-term rental regulation um the new time period is when it's beginning of uh February or March um the renewals will go out at the beginning the probably mid January 1 to February and then they then the um they expire February 28th so they have to renew for March 1st okay and then um are they are you all or uh Karen I guess uh developing plans to Reen notify the public that the short-term regulation is in effect and they have to uh somehow notification in the chronicle whatever to give them as much notice as possible they will get an automatic Ral notice um because there those that didn't register so anybody that hasn't registered that we know of is now being sent um certified letters because they've already been reached out to several times um very nicely we're being a little bit stronger on this last the second letter um and then I will bring up to her um the need to continue to um advertise registrations as well anything new or okay um and we are we did talk about um doing some kind of a pamphlet um with it just kind of like bullets on what what the regulations are and what's required that we can put around town put in the town buildings um and get that information anything you can do to advertise it because this is the first year keep them down here when people come get their it's running before the actual renewal date last year really didn't get going until April May sort of right exactly exactly uh yeah we're we're trying to do as much as we can um she's also been reaching out to other towns to see what they're doing and she gave a great report when she was here a couple meetings ago yeah and we're going to also start inspecting um this spring she's going to try and do um like 30% of them see how how far she gets okay great and those will be somewhat randomly chosen other old business new business issues IR ran any new on the transfer station I they I think they had a presentation at the selectman a few weeks ago I I haven't heard anything I know they're going for money for um new floor um in the budget in the spring I believe so they are going for I that's my understanding can we get a followup on that somehow um yeah I can I can see see if they went before him and see what the plan was because when Mr failey was here he expressed in my opinion that he wanted to redo the floor it could be incorporated into the design that comes later and there was money around he said to indicate that it could be done yeah I believe what I I saw was that they the select board did discuss it and that was one of the topics was the money for a new floor there right and then and then the cleaning could be done I'll find I'll see if I can get an update from him and know at the next meeting uh good good comment there anything else okay um and then um I can if you want I can just let you know that we do have covid test kits available we just got a new Supply um people can come in there's five tests per box um so we're just trying to limit people to one box per family for now unless there's an an orament amount of people in their house these renew when we just got them last week last week Yep they're they're not they don't expire till February so they'll be good through the holiday season um and they're free to the public just pick them up come in and pick them up okay y great all right uh if there's no other comment old business we have minutes from uh November 4th um does anybody have uh additions Corrections and that was basically our um uh Forum on community uh services that followed the survey on community health so they presented to us pretty much if not can I get a a motion to accept the minutes of November 4th I'll make I'll make the motion to approve the minutes of November 4th and a second second uh all in favor say I I I opposed okay so those minutes are approved and then um oh yeah couple yeah we have a couple of um examples of of some notices that were sent out by the health department um and actually three systems considered failed as punishment for not following um what they were supposed to do so it just shows that um um and I will be following up on all active system and and um people being held yes I will be following up I believe one of them I already heard from them and then the other two I just need to follow up on so let me let me ask if if your system is declared failed by Health Department that means the house is not habitable correct I mean that's kind of strong language that I use um the systems are operating one of them is because they um don't have an operation and maintenance contract so the system is operating I'm not going to you know evict them from their home but um say it was being used as a short-term rental and their system was failed we would we would hold up their registration for short-term rent allow them to rent yeah yeah I mean as much as we can you know um okay yep other uh issues questions all right can uh I get a motion to adjourn the meeting I move to adjourn and a second second and all in favor say I I opposed okay the meeting is adjourned [Music] pap for