e e e e e e e [Music] PA [Music] I always know when the crab apples come good afternoon welcome to the Board of Health meeting of April 22nd 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 device if anyone else is recording the meeting please notify the chairman pursuant to Governor H's March 29th 20203 signing of Acts of 2023 extending certain covid-19 measures adopted during the state of 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 be made to ensure that the pro public can adequately access the proceedings as provided for in the order a reminder that people who would like to listen to this meeting while in progress may do so by calling 508 945 4410 and the conference ID is 36857 220 pound or you may join the meeting via Microsoft teams through the link in the posted agenda while this is a live broadcast and simal class on Channel on chadam TV channel 8 and 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 I'll turn the the meeting over to our chairman Dr Noble Hansen thank you uh 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 so we have three things off on the uh agenda for today but first let's establish a quorum and when I call your name please play uh say present Carol boy present Nick Edwards pres Ron Broman pres and Noble Hansen I am here uh and that gives us a quorum so first um on the agenda is a variance request from Real Estate inspection regulations for Paul Kus 920 Main Street Kathy oral representing is what we have yes Kathy and you you are the realtor for the seller yeah you can go up in the yeah go ahead okay so um we're requesting a variance on the septic uh Title 5 septic um um passing the present owner Paul corus is in the process of trying to connect into the sewer um the septic system was inspected and it passed with the exception of the the covers are too low um but other than that it's a working septic system so there is a buyer coming in he is going to be responsible for the installation but the present owner Paul kofus has working with the engineer David clar Park and that's pretty much been done okay so um it's not it's not clear to me has the house transferred yet no no okay and the owner the current owner and the and the seller is Mr corus correct okay and then um the sewer connection will be done by you said the buyer the buyer correct and that's under an agreement with the sale I guess Y and so so you're here representing the seller correct and then we're we're we're making a a variance that will go to the buyer so but um okay I'll open up for questions or I can ask Judy so how does this work normally so this variance we don't give the variance to a realator uh we give the variance to the seller but the seller's not hooking it up it's the buyer so do we know the buyer's been informed and agrees and all that um we don't you don't but it's in it's in the purchase and sale that the that this buyer is responsible for the um the installation and the seller Paul carus who I represent um was responsible for the um engineering and a RightWay through a neighbor's property to connect it it goes it would go with the property so we we would send an order letter or a a letter um to the O current owner um and we could also copy the buyer with the the conditions that we would require right so we issue the variants to the seller the owner right at this point because it's a transfer property yeah and then um and then how would you document somehow that the buyer understands and agrees or would be get a copy of the how would we do that um we could we could um I mean in the past we've just get written the letter and and copied the the buyer but if we if you wanted something more formal we could get something from the owner with his signature saying that he agrees that he's responsible for the um connection with know have to know who the buyer is so you could be in contact and all that right with all their contact so basically we're allowing the sale to go through with the with the agreement that within 180 days it will be connected to the SE right that's basically what Varian is right and if it isn't connected to 180 days then they need to come back here uh or the house will be will be U thank you for being here they would I would start with them coming coming back here can you show David we issue a variance to a to a person it's to our real estate inspection regs to the owner for to in order to transfer the property Mr Clark may know more about this um I think they're going to need more than 180 days Oak to sewer um the town left the property when the sub main went in they provided a stub to this property but it you have to go through private property to get to it so there's no legal way for the owners of this property to connect to the Sewer um so we will have to retap the main out in Route 28 which I thought there was that was the whole point of the hold up that they were getting permission to go across the neighbors I don't think they have permission that's not working out it's we we've been trying and it's it's not happening so they're not connecting the neighbor as well yeah and so the Water and Sewer Department is not taking any responsibility for putting the sewer stub in the wrong location so we have to retap the main in Route 28 there are four Force Mains in Route 28 plus the gravity main plus a water main and all the other mechan uh utilities so um right now I think there's a moratorium on cutting the pavement in Route 28 by mass highway so it's not going to get hooked up in 180 days so it's probably going to be a year that minimum yeah okay I didn't realize that cuz the last I heard you had permission to connect at the stub we were working on it and the other problem with connecting to the existing stub is the public shade tree has to come out which is a substantial tree which we need permission from whoever's in charge of that now with the town so so I guess guess the situation my concern is so we we would pass the variance um but and that would that would that whole this whole problem would pass on to the buyer and then so I I mean I gave six months I thought they were they were ready to go with the six months can can you can can there be some sort of uh an agreement from this buyer or or some communication or letter or information that we can get that will sort of make sure that we know that they understand what they have to do and they're willing to work it through and it's yeah well at this point in time the the seller has no legal way to hook into the sewer because the stub is in the wrong location and mass do has a Prohibition of cutting the pavement because the pavement so new that's kind of the problem with the infrastructure in this town the state goes in and paves the road and now nobody can touch it for 5 years um and situations like this arise okay well so I'm sorry so it's contingent on the the owner that's in front of them that buts the road to get this done and they haven't There's No Deal worked out is that it right they have to Grant an EAS and so it may not ever work out for what we know and and and quite frankly the seller has no obligation to get an easement from this guy from the neighbor say that again the the seller of the pro that's before you today has no obligation to get an easement he's trying to get an easement because it's actually the easiest way to hook to the Sewer but he's under no obligation the town should have provideed him a should have provided him a stub that he could legally connect to does the town have a way to do that is there another another access won they say it the problem is the sellers not the towns all right Judy what I mean it sounds to me Sor something it sounds to me like if they don't have a stub we can't force them to connect so um I would need to clarify this um with the sewer department and um I would say we would have to you know we can probably give them an extended period of time to do the connection which would force them to come back and at least get an update yeah I mean I would say a year and then at that point we can reassess the situation so then minim our our situation is we're we're allowing the real estate transfer to go through without a real plan to ever get it hooked up but maybe that's what we're stuck with dick yeah I'm confused um so the the the location of the stub presently would require that the uh SW line come across the neighbor's property yes that would require an easement and he's unwilling to give an easement how does the owner have access to his house he has a driveway or something so you could run the sewer down the driveway we can but we can't but that requires the stub be a different position corre that's the Crux of the thing you have to move the stub so that he can have his sewer line go the same route that his driveway goes into the house Y and and right now the state has a moratorium on cutting the pavement how did the stub get placed in such a way that it was impossible to run a sewer line I have no idea that is really unfortunate when is the closing you had said it was scheduled for April 19th it was so it's been extended to the 26th of April um so then it comes down to if the septic system is adequate as it is now there's and they say it is as long as some additional soil gets yeah no it pass it may be there for three or four years yeah it passed the inspection so um so that's fine yeah I I would say we we um we give them a year with the understanding that we get something in writing from the buyer that they understand um that they need to start the process and um and then if they can't get it done in a year come back to us and if they take on the obligation that may or may not get worked out but that's what they understand yeah so I can definitely get something in writing from the buyers um or their attorney right St I mean they know all about it and um and they're prepared for it and they probably want to hook into the sewer a lot of people that aren't familiar with septics prefer to be on a sewer system but he's going to need time to deal with the town and um you know and and figure out how that's going to happen but he would rather go up the driveway too I mean he that he he knows about the difficulty with the easement he would rather go up the driveway too on his own landan yeah okay okay okay okay other questions or um does somebody want to put forward a motion that uh so I'll move with we approve this uh variance with the contingency that it's for one year uh and at one year uh they will come back to the board if it is not hooked up and that we get something in writing from the yes buyer be taking on the obligation from the buer yeah yeah okay uh we're on second um any input from the public okay um I think we can probably take a Voice vote on this um all in favor of this variance for um 920 Main Street say I I I all oppos say no okay that passes the variance is that's okay the next item on the agenda is uh VAR and hearing and approval of IIA technology for uh 16 CP Road LLC 16 CP CP C Pine Road and Thad eldrid I think is presenting the the the case for the variance good afternoon for the record that eldrid east Southeast representing 34 or sorry 16 SE Pine um we have a house that's coming down a new house that's going up and they'd like an additional bedroom they have 40,000 square ft of Upland area 40,800 so they're requesting a fifth bedroom on the property they're proposing a microfast IA system that will come with all the standard conditions uh there was a slight expansion of the leeching field for the fifth bedroom and way we go there's no zoning on this property we've been through conservation and now we're before you if there are questions I'm happy to answer them is the fifth bedroom in the garage I believe it is well we don't have a plan of the garage so we can't really act on this we don't know what the layout of the garage is they sent us the the uh the plan of the house there's four bedrooms in it and uh I'm trying of forgot where the fifth bedroom is and then somewhere it says in the garage but there's no plan of the garage it's not in our packet so without that plan I don't know how we can act on this do you have the the garage uh no plan yeah we don't have you do yeah Foundation First and yeah we don't have that do do you have a copy of it that I have one copy yeah we just didn't get it I guess okay we can certainly submit that so just a summarize uh greater than 40,000 square ft so four bedrooms by right and they're uh asking to add a fifth bedroom uh with the installation of IA technology correct um and um so the room above the garage has two big rooms one is like a family room with open to the staircase M so we wouldn't consider that a bedroom and then there's the bedroom there so did did you all get a chance to see this yeah I saw it that looks okay okay yeah and uh that looks fine I I know I saw this so I don't know how it didn't I definitely did see this plan um I don't know why it didn't get in your package okay but I I think that looks fine right okay and then uh in your uh memo to us you say this Covenant and a six-bedroom deed restriction so that's a typo typo yep I know you'd be happy we'll take a six we'll take a five so that's five we'd have to come back before you for a six bedroom anyway and you'd say hey wait a second um other questions from the board or okay any uh input from the public online or in the room and if not maybe uh we can get a motion to uh approve i' move to approve it with the uh restrictions memo right maybe we can get Judy to read the U yep and Ron seconds the motion his hand up okay and then Judy can read the conditions so the conditions would be the applicant should restrict the property to five bedrooms and record this at the barnston County registry of deeds the applicant shall sign a covenant with the board agreeing to comply in such time as the town of chadam through its Board of Health and Board of Water and Sewer Commissioners directs the connection of this property to the Sewer when it becomes available Covenant in five-bedroom deed restriction shall be recorded at the registry of deeds throughout its life the system she be under an operation and maintenance contract um shall be for at least one Year and may be with any Mass certified operator of the appropriate grade that's R training on the company of the the operation of the system F1 and from the system shall be monitored at least twice per year for the first two years preferably May and October and it shall be field tested in accordance with mass de standards conditions for secondary treatment units certified for General use revised March 20th 2015 in addition a Laboratory test of the F1 for total nitrogen to meet the performance standard of 19 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 test fail upon follow-up test shall be conducted by a certified lab and an evaluation made by the operator within 30 days after the required two two years testing application can be made to the board or its agent for review and possible modifications of the monitoring requirements the applicant agrees to apply a minimum of 6 Ines of compacted top soil to all Disturbed areas the engineer shall submit an engineered asil plan including as built 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 engineer site plan is allowed without further review by the board or its agent and the variance would be granted pursuant to to the town of chadam subsurface sewage regulations and is valid for one year from the date of the Board of Health approval a permit will shall be issued and were commence during the one-year period okay thank you um I think we can go I'd also like to commend the architect for including numerous cased openings in this plan that are all 72 in uh wide so we're not getting into any disputes about the study being a bedroom yeah it was pretty straightforward okay um so we have a motion uh a second uh to we take a Voice vote on this all in favor of say I I I all in all who against it say no uh hearing none I think that uh Varian is granted then thank you much set have a good afternoon okay um the third item on the agenda is um variance hearing for Carolyn McDonald 46 scattery Road Ryder and Wilcox and I think Andrew Grover is going to present the case you Mr Grover yes good afternoon Andy Grover from Ryder and wiox yeah representing Carolyn McDonald and her property at 46 scattery Road at this property an existing four-bedroom dwelling exists and um it's proposed to be demolished and rebuilt the property contains 43,7 36 square feet of land and of that about 9,500 square feet is Upland it's bordered on the south by Coastal Bank and Wetland a majority of the property is steeply sloping and restrictive and the entire property is within a buffer to a wetland resource area the existing septic system on site is a Cess pool and it's proposed to be upgraded the proximity to the Coastal Bank at this site makes an upgrade in full compliance with state and local regulations not feasible as proposed the new septic system is located as far as feasible from the top of Coastal Bank while maintaining a 10 foot minimum separation to the northern property line we're proposing an impervious breakout barrier um along the soil absorption system between the system and the proposed structure and the new septic system is being comprised of a 1500g septic tank a distribution box and uh concrete chamber with stone soil absorption system uh this project replacing a cesspool is an environmental improvement over what exists on site however it requires variances from setback restrictions the variances that we're seeking are for the soil absorption system to the slab Foundation 5T is proposed where 10t is required that's a 5 foot variance request and the soil absorption system to a Coastal Bank local regulations require 100t separation we're proposing 65 ft for a 35 foot variance thank you okay thank you and then I guess within it you've stated that it's uh located as far away from the Coastal Bank as you engineering wise thought you could yes the proposed system it as far from the resource area as we can pushing it to the North we're holding 10 ft to the northern property line so that the abutter has that you know separation and we're pulling it you know it's 5T from the foundation of the proposed structure which that's one of the variances there and then the other is the 65 foot from the top of Coastal Bank okay thank you and Judy I guess you you you have you you have recommended to pass it so I case you agree with yeah they they're not adding any flow they're just rebuilding the structure um expanding the footprint slightly is that um garage is that a slab so it's 5 feet from the slab it's a slab yes that part's not a garage but it's being constructed on a slab too okay all right great where was the cess Pool located we haven't located it during construction we're going to EXP ose it and abandon it but there's no records at the building department or the health department as the house was constructed in the 1930s so during the construction demolition portion of the project we'll follow the pipe out and we'll find the cess pool so I guess it hasn't been pumped recently I right macro other questions sck but the no I think uh it's definitely an improvement um let me just ask you on the proposed basement plan in in what's labeled this storage what the little blue um um structures on on the right side what what do they represent the storage area of the basement um I'm not sure they're not labeled but they're not Windows I guess no they're not Windows it could be um okay potentially furnace or air conditioning duct work and then the other question I have is we usually like to get uh like um numbers said in the the dining room so there it's it that's a pocket door yes and then the opening is right I don't have the number for the opening but uh within Title Five it says dining rooms won't count as bedrooms how how do we handle that Judy um it says dining room on the plan right so there's if you if you go by the scale it's like a 5 foot opening with a pocket door it has a door to it so right how how do we we usually don't allow the door yeah so but have to be a it would have to be a um six foot cased opening right with no door his point is they Title Five allows a dining room but for our problem is because the room is labeled the dining room we don't really know what it is it still has to fulfill the bedroom requirements correct I mean if it has the other qualities of a bedroom meaning privacy and the erress right then it's a bedroom regardless of what it says on the plan so if the casement opening was six feet there would we still allow the the pocket doors or or no would have to be a casement so I think technically as I understand it this is my opinion the dining room would need uh a six- foot opening which probably is a problem and and we would normally wouldn't allow the the doors the the the um pocket doors okay which I'm guessing is pretty easy for you to do right we could make a change to that make the change yes does that sound is that correct J yeah that and they could they could do that um they could let you know afterwards yeah yeah well it it comes to me for the building plan as well to review so they could but we can put that as a condition okay all right um any uh any other questions from the board and then any any um questions or input from the uh audience or virtual okay if not um maybe I can get a motion from someone no I'll move to approve uh with those uh stipulations that the pocket door be removed and the opening be at least 72 in and a very and a a second okay and then um I guess we can take a Voice vote on this U all in favor say I with those conditions oh Judy you need to read the uh just the basic the applicant should restrict the property to four bedrooms and record at the Barnesville County registry of deeds the engineer shall submit an engineered as built and plan including as built elevations with written certification that the system is been installed in accordance with the plan and no alteration to the floor plan of the dwelling will be allowed without further review by the board or its agent and the six foot and the dining room um shall be a six foot cased opening with no doors all right then uh we can take a void Voice Voice vote all in favor say I I I opposed say no okay uh then that variance is granted thank you very much thanks Andy okay um the fourth item uh variance hearing and approval of IIA technology for Richard and Jill teer 28 Cranbury Lane uh Clark engineering Dave Clark is here to present uh the case good afternoon David Clark Clark engineering on behalf of the terer family um Mr teer is here as so as you all know we were here last fall um seeking this variant and uh there was just no way to get around the U the regulations as as it they were written last fall um the board graciously revised their regulations uh to allow us to come back and least ask for a third bedroom on this property um some of the other issues from the last time we were here was the the layout of the house uh I think the architect worked with Judy to come up with a floor plan that that that met or address the issues that the that the board had um looking at the new regulation written um the uh the applicants have no problem uh in in adding to the the normal restrictions uh an additional restriction that this property can't be used as a seasonal rental um the matter has been open an open hearing with conservation since last fall uh we scheduled to go back next month as well as go back going to zoning board of appeals uh the near future also to get the final permits for this um the system is a a Title 5 system it doesn't require any variances from Title 5 or your subsurface sewage regulations the variance is strictly from your nitrogen loading regulation you happy to answer any question can I can I just ask one question yes um David I a neighbor came in and was concerned about the location of the in area um I they were concerned that that's an area that water puddles we're regrading the area so it pitches towards uh the north when we're right that was going to be my comment I don't see a lot of grades there no it's it's relatively flat so yeah so uh there's no new Contours but the intention is to pitch it towards the north okay yeah and then the only other concern was that the test holes are um away distance so I would like to confirm the soils at time of installation we we did the septic system to the east uh probably 20 years ago and that required a substantial overd uh and we also did one to the southeast which also required extensive tough in that are there that overburden that's common in this area um which we anticipate all has to be removed that's why we show in overd we know there's good soils down there it's just y yeah so we'll need to confirm that at time of installation that's fine that's all I have uh other questions from the board there's a couple of rooms in the basement and there some notes have been put in there about uh specific things that make them not bedrooms by our rules uh okay can I get a um so this is It's a it's greater than 10,000 square fet currently two bedrooms uh an extra bedroom being added with IA technology conforms to our uh nitrogen loading uh upgraded rules and can I get a motion to uh on the variance motion to approve and a second second okay and maybe any input from the public or uh online or in the room okay um and then I think we can take a Voice vote on this uh all in favor say I I I all opposed say no you want me to read oh yes you please read the restrictions and you've got the short-term Rental part sorry let me just read the conditions the applicant should restrict the property to a maximum of three bedrooms and agree that the property will not be rented as a short-term rental as defined by the chadam Board of Health short-term rental regulations this restriction shall be recorded on the deed at the Barnesville County registry deeds and uh copy submitted to the to the uh 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 board of sewer water Commissioners directs the connection of this property to the Sewer when it becomes available and the Covenant indeed restriction shall be recorded at the Barnesville County registry of deeds um throughout its life the the the um IA septic system shall be under an operation and maintenance agreement and that agreement shall be for at least one year maybe with any Mass certified operator of the appropriate grade effent from the system shall be monitored at least twice a year for the first two years preferably May and October the effent should be field tested in accordance with d standard conditions for secondary treatment units um in addition a lab test of the F1 for total nitrogen to meet the standard of 19 milligrams per liter shall be collected and analyzed by a certified lab water meter readings are to be provided with the semian report if any of the field tests or lab test fail follow-up test shall be conducted um and evaluation made by the operator within 30 days after the required two years testing application can be made to the board or its agent for review and possible modification or reduction of the monetary requirements the applicate agrees to apply 6 in of compacted top soil to all Disturbed areas the engineer shall submit an engineered asil plan including asilt elevations with Britain certification the system has been stalled in accordance with the approved plan no alteration to the floor plan of the dwelling or the engineer site plan is allowed without further review by the board or its agent the variance granted this variance is granted pursuant to the State Environmental code title um actually is granted according to the town subsurface sewage regulations and the nitrogen loading Reds and is valid for one year from the date of the Board of Health approval a permit must be issued and work commenced During the one-ear period that's it okay uh thank you um all right uh we I think we can take a Voice vote on this on the motion to approve all in favor say I I I all oppos say no all right so that variance does is now approved thank you very much thank you okay now all right let's just um okay so uh follow up on some old business quickly uh any any an update on um Personnel for the short-term rental regulation um um very shortly is my understanding Ending by the end of the month what what's going to happen we're going to have our our staff person on by the end of the month of April I believe so yes okay and then they'll have to review everything that's in and sort of cat yeah I mean we've been we've been you know reviewing some as they come in and this new person can work full-time on right obviously it's not going to be completely done out but we can we can start getting a handle on things a way to move forward right yes and that's our plan we're going to work as a team um Lucas and myself and the new person and and you know formulate a way to attack all this and and move forward and then just quickly uh anything back from the Mass Department of envir Environmental pollution on the M Hill Road property no um I haven't heard anything from them so I will have certified letter went he 14 days to respond something must have happened or not in that period I guess yeah I'll I'll check with them this week I haven't heard anything all right any um other old business that somebody has to bring up any new business items just one question how we EXC how we doing on the connections of the people that should have cast on to the sewer system earlier you know they had so long to do it and I know you were behind I mean we have we still are not 100% with people that have been ordered but we're we're doing pretty well um we without really doing any enforcement so to speak um I do report every month in our monthly report um the percentage um and I don't have that in front of me I would say we're we're about 60% people that have been ordered that have connected um many people are still working on it we have things like the last you know that one hearing where they weren't able to connect and of course they didn't pursue it until they tried to sell the property but had they been in communication or were you in communication with them or did it just come up at closing kind of just came up over the last when they put the property on the market so do you have a way to to contact each person that is will they get the order and then follow up each order that's out there I mean it would be I do I mean I have I have a database with all the information in it but um it hasn't been uh an easy process to do it's pretty much a full-time job to to um stay on top of everybody um but I think we're doing pretty well you know people are connecting at a at a good Pace you know probably about as fast as the engineers and the contractors can do it anyway so there's a moratorium on anyone who needs a grinder pump p well we've agreed not to enforce that agreed not to enforce not to enforce the the orders right anybody that has the grinder pump until they come up with a policy so so it's it's proceeding okay um old business new business we got uh what about the water P um we have scheduled for May 20th the 20th on May 20th we're going to have an update from the um Rob failey he's going to come come to the meeting and give us an update on the on water and all that so DPW yeah he's the DPW all that also that article that was in the paper last week was really informative update too did you with the new with the new stricter um uh EPA limits which will be fairly strict actually yeah um okay and um all right oh we have a do we have a uh minutes from um April 1st anyone have additions or comments on the April 1st minutes uh if not a motion to approve the minutes I move to approve the minutes of the last meeting now second I move to approve the minutes of the last meeting I'll second that and we can take a Voice vote on that all in favor say I I I opposed all right so those minutes are approved and then um I think we can get a motion to close the meeting so I move I'll second it okay all in favor we take your voice for all in favor say I I I opposed okay the meeting is adjourned [Music] pap [Music]