##VIDEO ID:o0WttWo0Gjw## e e e e e e please note this meeting is being recorded and will be available shortly Hereafter for scheduled and On Demand viewing on any smartphone or tablet device if anyone else is recording this meeting please notify the chairman pursuant to Governor he leas March 29th 23 signing of the acts of 2023 extending certain Co measures adopted during the state of emergency suspending certain provisions of the open meeting law General Law chapter 30A subsection 20 until March 31st 2025 this meeting of the chatam Board of Health is being conducted in person and via remote participation every effort will be made to ensure that the public can adequately access the proceedings as provided in the order a remainder the per a reminder that persons who would like to listen to this meeting while in progress may do so by calling the phone number 1 15894 54410 conference id8 7688 031 pound or join the meeting online via Microsoft teams through the link in the posted agenda while this is a live broadcast and simal cast on chatam TV channel 8 and uh 1072 despite our best effort we may not be able to provide realtime access we will post a record of this meeting on the town's website soon as soon as possible okay thank you Lucas 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 we have three items on the agenda today but first let's establish a quorum and when I call your name please say present Carol Boyce here Ron Broman here Ron Weiser present dick Edwards here and today we have a new alternate member Joanna kale welcome you're we here thank you uh let's see first uh on the agenda is a uh continuation of the variance hearing and approval of IIA technology for three oyster Drive LLC three oyster Drive Shore things environmental LLC and I have a note from David Bennett of shore things environmental and uh he requests quote requests a continuation of the project review from December 16th 2024 to the January 6 2025 Board of Health meetings close quote so he has some more information that he wants to put together or I understand it um and we should take a vote to uh continue that um variance request I'll move to continue the request I'll second okay and then um any public input no um uh so we can take uh a Voice vote I think uh all in favor say I I I all oppose say no okay hearing uh everyone approves the there is that approves the U variance continuance for three oyster Drive LLC okay um the next item on the agenda is Varan hearing an approval of IIA technology for 189 Moon Penney Lane Clark and engineering and um Mr Clark is here to present the case and I understand that there was a last minute um uh additional information uh that uh Diane received and Lucas can uh has reviewed that information and can give us an update and then I think we can decide if if uh we have adequate time to take a vote today we could continue if we needed to but if we think it's adequate with what Luc Lucas explains we can go ahead with the variance Luc yeah so we received this today a little while ago um the revised plans uh it doesn't appear that any sort of setbacks have changed uh they are still have the 38 uh feet from the top of the Coastal Bank um the revision came from the soil absorption system capacity it was a 40% reduction initially and now it's it's going to a 50% reduction um there's nothing within Title 5 or our local regulations that would cause any kind of concern with that additional reduction um to my knowledge so okay um thank you and uh Mr Clark David do you want to present the variance yes uh so for the record David Clark Clark engineering on behalf of uh the applicants um they recently purchased this and they're under order to upgrade the existing cesspools um what complicates thing is things are that they have a on-site well for drinking water purposes there's no public water available on this section of M Penny Lane so the the difficulty was trying to find a spot to put the uh soil absor absorption system uh while maintaining uh setbacks to not only this well but the neighbors's well and also maintaining setbacks from 189's well to the neighbors septic system um so what the project requires is a relocation of the existing well we are moving it up the hill behind the garage as far as we can uh the Topography is somewhat challenging there but uh we feel we can at least get it this far away uh that only leaves one place on the site for the soil absorb system um so with the use of IIA technology and uh the state's credit of reducing the the uh size of the leech field by 50% um we can meet the setback requirement from the well um and also the uh local regulation of being 100 ft from uh Oyster River um other variances uh that were asking for is the pump chamber is 8 ft from the street s side line and the soil absorption system is 5T from the street uh and uh the as title five states uh under the uh local upgrade approval and maximum feasible compliance um we feel we meet that threshold and that there's no other place to put the leech field uh and we're using IA technology uh to reduce or eliminate other variances that may have been required uh this also needs conservation approval and then we're going there this Wednesday afternoon um and so be happy to answer any questions thank you uh dick so this is a seven bedroom house yep on half an acre of land it was obviously built long ago before there were any regulations MH do Char under today's uh standards that you we would have a three-bedroom house with IA technology on a half an acre of land can this half acre of land in this highly sensitive area uh adequately uh take care of the affluent from a seven bedroom house that's why we're opposing IIA technology yeah but e but even with ie technology we would only have three bedrooms on our half an acre of land so so yeah IIA technology reduces the the nitrogen load somewhat but still this is a huge amount for a half an acre of land so you're saying that even though it's in a sensitive area right near Oyster River this isn't a problem having that many we have no alternative we're providing IA technology we've we've uh minimized all variances required yeah so the the regulations allow but it's really not a good idea so but but it is I mean what's the alternative you say no and then one less to reduce a bedroom or two in the house you know that would be a Tak the option um so that's not an option um David is there a a basement in the house the pl show first floor and second floor there is a basement and it's just a mechanical room uh most of the house is crawl space okay um and then now you're replacing the cess pool because is it has it failed or they just want to voluntarily upgrade I think there's only one Cesspool well they bought the house uh so cesspools uh they just recently bought the house cesspools categorically fail um so uh they they are under order by the board so the property transferred yes right so they have to upgrade I wonder if that's is that considered a failure by order of the uh I think it's a categorical it's a your your local regulation say Suess pools fail period automatic yes automatic the reason I asked that if it's if you're replacing a a system with a new title five because of a failed system by an order I understand that there's a tax um rebate associated with that significant tax tax uh effects I you don't know yeah so anyway it's just it's kind of an interesting question about technically whether it's it's uh ordered replaced because of a failed system by the Health Board under under the real estate regulation it's automatic failure for CES automatically can transfer but they are given a period one thing I would like to um point out whether the board feels they need more time to review this or if they want to proceed today is I would recommend that that based on the test hole locations and the elevations that if they do proceed today that I would like to see a test hole at the time of installation where the SAS is going to be just to confirm groundwater but I I don't think there would be an issue there it's just a additional confirmation that's fine with us cool okay uh so um yeah we would have to decide whether the late we have enough time to assess it based on what Lucas has said where he says it's not a problem um and otherwise it's 24230 ft lot ex existing seven bedrooms and they're putting in uh IA technology but not asking for an increased number of bedrooms so I think by our rules that's pretty straightforward um any other questions from the board any input from the public just one thing I I know Judy went out and confirmed the number of bedrooms she did an onsite yeah the past owners actually used it for 80 years as an eight-bedroom house but one bedroom does not qualify in that it's a pass pass through room so the new owners understand that they can no longer use that as a bedroom that's the room that's labeled study or office it is now off the off the bedroom at yeah but it had been used for like I said 80 years as a bedroom right so okay um so I'll move that we approve this variance with the stipulation that a test Hall uh shows part no no evidence of ground water and uh can I get a second I'll second okay and then maybe um Lucas you can read uh the conditions that Judy has put in place yeah so the to upgrade the title 5 system as proposed the following variances are required under the local upgrade approval and the town of chat a minimum requirements for the subsurface disposal sanitary regul sewage regulations the SAS step back to the property line will be 5T where 10 ft is required variance of 5T is requested the septic tank of the property line will be located 8 ft where a 10-ft variance a twft variance is requested the SAS shall be 33 ft from the top of the Coastal Bank where 100 ft is required 67 ft and the SAS shall be 33 from the top of Coastal Bank where 50 ft is required uh through Title 5 17 F variance is requested the applicant should request this property to be a minimum of seven bedrooms and a recorded deed restriction and variances granted by the Board of Health on a deed restriction barille County where's the second page have second page oh there it is thank you the applicants shall submit a copy of executed deed restriction to the board the app applicant shall sign the Covenant with the board agreeing to comply such time as the town of chadam through its Board of Health water sewer Commissioners this directs the connection of the property the sewer property to the Su connect to the property to the municipal sewer when it becomes available the covant shall be recorded at the Barnesville County registry a deeds and a copy of the executed Covenant shall be submitted to the Board of Health the system is approved in accordance to the Massachusetts DP standard conditions for a secondary treatment unit certified for remedial use revised November 30th 2016 throughout its life the system shall be under an operation and maintenance agreement operation and maintenance agreement shall be under contract for a minimum of one Year and may be with any mes certified operator of the appropriate grade that has received training from the company in the operation of the system affluent from the system shall be monitored at least twice annually preferably May and October thatu shall be field tested in accordance to the Massachusetts D standard conditions for secondary treatment as referenced above in addition a Laboratory test for the affluent for tital nitrogen to meet the performance standard of 19 milligram per liter shall be collected and analyzed the certified lab water re water meter readings are to be provided with a semiannual report if any of the field test or laboratory tests fail follow-up test shall be conducted by a certified labor evaluation made by the operator within 30 days after the required two years testing application can be made to the board or their agent for the review and the possible modification of the monitoring requirements the applicant agrees to apply a minimum of 6 Ines of compacted top soil to the to all distributed areas of the property the engineer shall submit an engineered asilt plan including asil elevations with written certification that the system has been installed in accordance to the approved plan no alteration of the to the floor plan or the dwelling or the engineered site plan will be allowed with without the further review by the Board of Health or its agents the variance granted pursuant to the State Environmental code Title 5 and the town of chadam subsurface sewage regulations is valid for one year from the date of the Board of Health approval a permit must be issued and work commenced during the one-year period or the variance shall expire okay thank you uh all right I think I asked for public input any public input that we know of okay I think we can probably take a Voice vote on this uh on the approval of the variance hearing for 189 Moon Penny Lane um all those in favor say I I I all opposed okay no no one's in opposition so that variance is granted for 189 moeny Lane thank you welc Noble I ask one question yes why do we choose May and October to test the flent when the heavy use is uh June July August so it's seems like May and October would be the times when the the the thing's getting minimal use and if you're looking to see if a system isn't working properly you would test it when it's under maximal use so why where's that man October come from yeah I'd ask Al Lucas uh for the answer that because uh I'm not sure these come from Judy's conditions and um yeah I'm not I'm not exactly sure they they typically will say because it's seasonal you should do it once in the offseason once when it's being used um why may and October they're supposed to be six months apart twice annually um why those months specifically were choosed chosen I don't know but March and August or April because you know October often there's nobody there October well it would be a good question for Judy maybe maybe you just brought that down and when she gets back uh we can uh have her clarify that the next meeting it's been that way as long as I remember right it may come from some other regulation or something I don't know always been that way I always thought it just came from the testing company said that's when we're going to do it well you know that would produce less failures for sure well but that yeah that I mean that could be the reason that is there but I think J will have an explanation yeah and she can let us know about that but that I think is a reasonable question okay um the third item on our agenda is a variance hearing for um Patrick Brogan 346 moris Island Road Speakman Construction LLC and um I have a uh we have a a letter from um Dan Speakman of Dan speak construction and they are uh quote I am requesting a continuance for the scheduled 12624 hearing for this project close quotes and that's because they need to do some more um research or Preparation work so um I we'll need to take a a vote to approve a continuation of that request I move that we continue that request until the next meeting and a second Ron will second um shouldn't be any public input on that and we can probably go ahead and take a Voice vote all in favor of continuing the hearing for 3 346 mors Island Road U say yes yes yes all oppose say no okay so that continuation is approved for 346 Maris Island Road okay all right uh fourth on the agenda is a public hearing so this is a public hearing uh to discuss uh any revisions uh to the Board of Health fuel storage systems regulations which have come up a couple times before in the meeting but you have in in your possession u a set of the regulations with the changes highlighted in red and Lucas is here to sort of um give us an overview of the regulation and and the changes and what what's going on there for us Yeah so basically this is just an updated regulation um the main parts we were trying to capture with the fire inspector also here to answer any additional questions um where the double wall fuel tanks and the transfer of properties uh preventing any you know potential leaks a lot of times those single walls are older outdated so we H fired Department upon inspect has no way to make them upgrade that upon transfer it's all just recommendations and by the time something would happen it would be too late they typically rust from the inside out so that additional double wall would be I think beneficial for health and environment I I'm sorry I'm very confused by this the paragraph 5.7 says all new above ground uh Oiler wa waste oil storage tanks installed inside or outside shall be required to provide 110% containment capacity uh to prevent contamination from leaks then in the next paragraph it says at the time of property transfer all above ground fuel storage oil tanks and in-house storage tanks shall be replaced with a double wall fuel orage storage tank or shall be required to provide 110% containment so that says you don't need to put a double wall in and you can have a single wall with a a containment so the these paragraphs are inconsistent so the or word doesn't make any sense so the above ground and in-house are defined differently in the definition section so that an above ground can be inside but typically to my understanding they are outside and they would need 110% impervious material barrier um so I don't know if you're familiar with the form wh Le they would have that barrier along the outside which would contain 110% which would in in theory if there was any leak it would prevent any leaks from leaking out um so but if you look at the inhouse or shall be required to provide 110% because that is an above ground and the above ground is defined differently than an in-house storage system in in our definitions on page three all above ground fuel oil storage tanks and inhouse storage he's looking at paragraph 5.8 and 5 first line so above ground and inhouse yes shall be required to have 110% containment yes so they're D they so they need to be double uh uh I'm sorry they need to be double wall or or require 110% comp containment so that means you don't need 110% comp containment if you have a double wall inside the house but in the paragraph before it says all double walls need to have it so these two paragraphs are inconsistent with one another it's the word or that's the problem in 5.8 yeah in 5.8 so if if you need to have the the containment for for double wall then that that word should be and shall require or or break up the above ground and in-house is two separate paragraphs they they incl it together but let me ask one other thing just about that when you talk about 110% containing capacity if you have an oil tank in a basement with a concrete floor and concrete walls is that considered 110% containment or you need a separate unit under the tank itself my understanding is you would need a separate unit within itself correct Rich can you oh do you mind come up to the mic please in uh residential houses for oil tanks you don't see 110% that containment under it's just a single wall so when they let go that's it that doesn't count for that um so that's why we're that's why we're asking to do a double wall to protect homeowners right but if you so if you have an oil tank with a with with a single wall in a basement that has a concrete floor and has concrete walls correct so it's all it's all contained is is that a containment system no no no okay if you if you turn again to the definitions it's under above ground which is what we're referring to in 5.7 above ground is defined as any fuel storage system except inhouse so you cannot if I'm read my understanding is you cannot have used the containment for an in-house storage system you can only use the containment for an above ground storage system which are different which is outside yeah which is outside correct so an inh oh go ahead go ahead so an in-house storage system which is what we're referring to and I think it's 5.8 is any fuel storage system that exists in the confines of any house Barn dwelling or any other building that is surrounded by imperious material so so the above ground in 5.7 is going to be defined different ly because an above ground cannot be an inhouse so that's where you're getting the differ the difference between uh 110% storage capacity as opposed to the double wall fuel tank but in 5.7 it says above ground fuel oil or waste storage tanks installed inside or outside yes they that so that's both inside and outside uh has to be has to have 110% containment yes so I I understand that as I mean you can have an I correct me if I'm wrong or you can have an inside storage an above ground storage system but it can't be an in-house storage system correct so like gas stations and stuff yeah gas stations those stor inside for oil like o waste oil supposed to have 110% capacity where they can't they typically aren't inside is my understanding I mean they can be but they're not in in-house storage system it's not common in chadam yes see yeah so it's not an in-house storage system it's it's it can be inside but it doesn't mean it's an in-house storage system uh let me ask the fire chief um fire Inspector Inspector yep um do you have a whole SE separate set of regulations that deal with this exact same thing or are these your regulations these are basically the health B but I have a separate but is it identical to this or you have a whole pretty pretty close pretty close y okay all right so are we saying that if you sell your house and you have a single wall tank yep you have the choice of putting in a double wall tank or putting in the containment system there be two it that's what chapter paragraph and and I kind of maybe we can clean that up a little bit we could we could it is a little yeah I do take the tank away build the containment system put the put the single wall back right that's what that paragraph says um well no one's going to do that cuz it's too expensive to do that way you may as well just throw the double wall tank in you know actually probably be probably be safe you still need the the containment system even if it's double wall no inside the house you don't no once you have a double wall that's it okay to Dick's question the point of this regulation is to require if you have a single walled oil storage tank in your basement and the house transfers that you must put in a a new double wall tank correct that's the intent so I think Dick's point is it that not clear from paragraphs 5.8 no it's not because you you've lumped together above ground and inhouse at the beginning of the sentence and then you make the qualification or which would app which would apply back to both cases I think is what dick says so that needs to be cleared up I think okay we can clear I mean make it so it's it is confusing I agree but Rich can I ask you now this with if you have a double wall fuel tank out outside you still need 110% containment correct or no no exterior you don't that's for residential okay this is just resal commercial okay that clears up residential you don't so all new above ground fuel or waste oil St storage tanks installed inside or outside shall be required to have 110% containment capacity paragraph 5.7 so you're saying that's not true if it's double wall you don't need it so new construction oil tank in the house in the basement this must must be double walled is is there an option to do a containment system not no no well that needs that no but this but Outdoors he said they don't need the containment system if it's double wall right but this ins or outside for residential inside or outside you do not need that well paragraph 5.7 doesn't distinguish between residential and non-residential it just says all above ground fuel oil or waste tank storage tanks installed inside or outside shall be required to have 110% but that's not referring to single family dwellings where does it say that under the definitions of above ground except in-house storage systems am I am I understanding that correct Rich yes I think you are right on that definitions because Judy and we talked about that so if you look at above ground and inhouse talking about under the definitions on page three above ground and in-house storage systems are defined differently so an above ground system can't be an in-house storage system okay well so above ground outside requires 110% containment because above ground is you know a commercial or whatever and in paragraph 7 it says whether installed inside or outside needs 110% containment so you if you have an above ground fuel tank and you put in an expensive double wall tank you still need to put in a containment system according to 5.7 that's what it that's what it says it does well I think that um I I think the problem is these things need to be written in such a way that it's really clear what they're trying to say I agree with needs to be agree with absolutely if we if we can't understand easily ourselves we I think maybe we should think about rewriting this in a real clear way so you talk about the outs outside and in the basement and what the intent is if it's to put in double wall oil tanks for all transfers and new construction that's you know just simply stated um could couldn't this time just be easily divided into a section for commercial a section for residential yeah and under commercial above ground in ground below ground and the same thing for residential yeah I think if you just I think if you just broke it into those kind of clear sections it would be easy to see yeah I think I think you're just trying to do too much with one sent yeah trying to because I think if we're having trouble yeah reers and homeowners and whatnot I mean if they're trying to let me ask another other question if a house transfers and they have oil heating in an oil tank is that house inspected to the oil tank inspected yes it's inspected by the fire if a house transfers and they have oil right now I'm not required to go I mean I do just if because if I see it leaking and I'm I got to reort and stuff so when I'm doing inspection I do it out in the basement if there's an oil tank there I'll recommend to the real estate person or the homeowner it's not required but it might be done and then is there a database of of of homes with double tanks and single tanks and who has containment and who doesn't and I mean there's got to be a lot of old homes that who knows what's in there right there's yeah that would be yeah okay and the other question I had for Lucas you should be here but is it refers here often to Board of Health this is the first first time that in my recollection since I've been here that we have seen um oil storage regulations and dealt with them so it here refers to Board of Health here a lot I'm assuming that the health department takes care of all this and inspections and answers questions in the name of the Board of Health but it's not we're we haven't been involved at all do we no one's ever asked for a variance to us that I know of yeah so this was I think 1988 I don't think it's been updated since which is kind of what drove this I mean all the surrounding towns have done something very very similar to this um what was it Orleans I believe did one Harwich did one denn Dennis did one um all within the last five years couple yeah all within the last all recently um so this is kind of it might be helpful to pick out one that is clearly written and conforms to what the the your intent is and kind of this this was very very similar to what harwitch put forward which was very very similar to what Dennis put forward um So within a few probably within a few words right is this saying that at the time of property transfer that now a double wall is required yes correct so going forward any property transfer and who's going to be in charge of that inspecting it I will that would be the fire CU I have to go anytime someone sells a house I have to go in there make sure they have the right smoke detectors carbon oxide detectors so on top of that I I will be checking the oil tank too okay so in the future you will inspect all these oil tanks at transfer you know residential property correct right I mean I do I do inspect when people put in new oil tanks and most people now in town when they when they want to put a new oil tank and they put a double wall oil tank in and but I still have to go out there and inspect that too so they pull like oil companies pull permits with us like Whit Le we'll come and pull permit to remove the old oil tank and to install the new oil tank then I go out and inspect it make sure they did it correctly just we still have inground residential oil tanks in chadam and my father had one for 30 years and they put in gas the only time when they took it out there was oil right most of them are removed we have records of that um once in a while it hasn't happened in a long time um we'll find a b in one like an esan company will call us and say hey we found this up in an oil tank um and most of the time it's empty but sometimes it's not then we get the health department involved too because if there's contamination we need to do something about it by the time we know about it it's usually too late this also says there's a registration tag on the fill pipe um that refers to the on a residential property that refers to the oil tank inside that it's been inspected and its proper do they do those actually exist I mean only time I'll put a tag on if it fails so on the outside the fill cap because I don't want the oil I don't want the oil company coming to fill the tank right this this this regulation seems to say this registration tag must be a fix to the fill pipe which number upon registration this is be 6.2.2 now that's something that the oil distributor would see or not see I suppose what's a permanent bag you know while he's looking at that I'd come back and say have have you do you deal with these regulations or inspections or questions U on the tanks or is it just one of these regulations that it's not not actively used all that much I guess the inspector does yeah the health department really not involved no not not not a ton we have been but it's not so it's a question you refer to the inspector from the fire department yeah if it's a question I can't answer that's not right in this I would but the the intent is to be written down that if a house transfers and it has an oil system in an oil tank that if it's a single wall it must be upgraded to a double wall on transfer correct corre just like the septic cess pool thing right correct yeah okay I just to me and this is the first time kind of really looking at this it's it's not clear from all this the way it's written and so I think that can be improved separated and and clarified you know okay so that that um you know is understandable because it's a pretty reasonable goal that you have there yeah um other questions or comments does some not agree with rewriting clarification I think it needs it needs to be other questions or other other questions other questions that you have Lucas of us that might help in rewriting or is it no I think it's just rewriting I think it's it's it's distinguishing towns can see how it's this is pretty much exactly what the other towns have put forward I wonder what the fire department regulation if they have something identical that's addressing the same thing has theirs been upgraded or what's that how old are your regulations on this I mean we just upgraded our code book so you just upgraded yeah 2021 you think you changed this language in your these are these are the health this is the Board of Health regulations this is not my regulations right no but I'm but your regulations are are trying to address the same problems aren't similar yes similar yeah yeah but the so just in terms of clarity section you're talking about yeah that's but theirs is going to be much more extensive than than this is going to be this is all right any other questions or comments do we need to take some kind of a vote on this Diane have to continue a vote to continue okay so uh any um input from the public okay and then um so you need a motion yeah motion move to continue this uh approval uh pending rewriting uh and clarification and I'll second okay and then we probably take a Voice vote all in favor of uh a continuation of the public hearing uh to clarify the regulations say I I I opposed okay so we that will be continued all right thank you um then we have minutes of uh December 2nd 2024 anybody have any additions or Corrections for those [Applause] minutes okay if I no if there are no Corrections maybe I can get a a motion to approve the minutes of December 2nd I'll move to approve the minutes of December 2nd in I'll second second okay uh we'll take a Voice vote on that all in favor of approving the minutes of December 2nd say I I opposed say no all right those minutes are approved and with that I think we can um adjourn the meeting I'll move to adjourn second okay we'll take a Voice vote all in favor say I I I opposed say no all right we are adjourned