06/30/2022 BOARD OF HEALTH Minutes

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is considered a noisome trade by definition. The BOH must issue a site approval for noisome trades with the benefit of a hearing. The Office of Technical Assistance has a guidance document for businesses that operate paint or coatings operations. The guidance states that the exhaust should be both 35 feet above grade and 10 feet above the roof line. Conversations with DEP-Air Quality Section recommends the stack height be 1.5 times the building height or 45 feet in this case. Ten feet above the roof line puts the exhaust at 40 feet above grade so I believe that meets the guidance. The discharge to the paint booth is approximately 800 feet from residences on Sugar Pine Circle to the northeast so I do not anticipate any odor issues if the exhaust velocity is maintained per the OTA's guidance. Chair Baumgaertel inquired whether the unit has been purchased to which Mr. Harrington responded he is unable to confirm if the unit has been purchased or not. Mr. Baumgaertel stated a condition should be added that requires the submission of the final set of specifications of the unit once it is ready to be installed. There being no further comments or discussion, Kripani Patel moved to consider the paint booth operation at 19 Mercantile Way a noisome trade and approve with the following conditions: 1) That should an abutter or the public be impacted by a confirmed nuisance from this facility,then the board will take action that may include a cease and desist order, revocation of the site assignment of the noisome trade and/or orders to abate the nuisance, 2)The exhaust stack shall be a minimum of 40 feet above grade and 10 feet above the roof peak, 3) submit the final set of specifications of the unit once it is ready to be installed. Motion seconded by Ernest Virgilio. Roll call vote: Ernest Virgilio(yes); Kripani Patel (yes); Brian Baumgaertel (yes). VOTE: Unanimous(3- 0). 4. Review Cesspool Violation and Septic Upgrade — 257 Monomoscoy Road. Mr. Harrington commented that, property transfer occurred in April 2021 and cesspool serviced the property. A letter was sent to the owner due to failure of obtaining a variance aligning with the cesspool regulation and mitigate with enforceable agreement. BOH was unable to contact the owner.The buyer, Joshua Dellman was not sent a letter for the fine for the violation of the cesspool regulation, but he contacted BOH after receiving an order letter to perform a septic inspection because no septic inspection was performed. The buyer had an inspection performed, which automatically failed per regulation. No order letter was sent because the buyer had taken responsibility of contracting an engineer.A porta potty was placed on the property and the system was not used while residing in the property for 90 days. Plans have been prepared and were reviewed. Mr. Harrington stated the technical comments for the septic plan was sent back.The comments being: (1)force may needed to be 3 inch diameter because of the flow from the pump, (2) place geo grid below arch chambers so they do not sink in the sand due to losing effective depth, (3) recommended for some structure to keep cars off the soil absorption system because it is near the road and parking is premium near this small property, and (4) DEP approval and operation of maintenance requirement be placed on the plan and the Board set a quicker time frame for system upgrade. The engineer had stated to Mr. Harrington that a fence will be placed up along the road therefore there will be no access to leeching. Matt Costa, of Cape & Island Engineering, introduced himself for the record and stated that Mr. Harrington covered all the information regarding the plan. Mr. Costa commented that all of Mr. Harrington's comments regarding the plans have been addressed and revised plans were sent.