MINUTES
EASTHAM BOARD OF HEALTH
JULY 31, 2003
PRESENT: Paul Lothrop, Joyce Gibson, Stan Holt, Dr. James Taylor
Felix Conte, Jane Crowley, Health Agent
Paul Lothrop , Chairman opened the meeting at 3:00 p.m.
OPENING STATEMENTS:
Glenn Olsen, Fire Chief explained the emergency procedure for private roads. He stated the town department would help to get ambulances to a emergency by plowing the road if necessary. The process has been used for years and so far it has worked well. The Chairman thanked Glenn for taking time to address the Board.
Jane Crowley updated the Board about the closing of Cooks Brook Beach The Beach has been tested daily. It appears that the problem is not due to septic systems. It might be due to a built up of peat since it appears that area has a high bacteria count. The beach will be closed until the problem is solved.
Paul Lothrop wants a report on the products used on the fields at the Nauset High School. He stated the products used should be organic and no products with chemicals should be allowed.
VARIANCES:
Isabel Emerson 355 Mill Road Map -11 Parcel - 581
Alan Cabral from (Felco Engineering) presented plan for new construction that require variances from the Board. The Health Agent recommended denial of the plans because they do not meet full compliance for new construction.
Mr.Opel an abutter spoke in favor of the plans.
MS. Hortense Kelly an abutter had concerns with the plans and how it would affect her property and the property owned by her brother.
Howard Sander also spoke about the plans submitted.
The members of the Board had concerns with granting variances for new construction. Stan Holt made the motion to deny the plans. Dr. Taylor seconded the motion. The vote was 5-0 to not approve the plans submitted.
Robert Beaulieu 1855 State Highway Map-18 Parcel -313
Timothy Brady from (East Cape Engineering ) presented plans to upgrade
the septic system. Finding that the applicant has submitted plans which meet maximum feasible compliance the Health Agent recommended approval with these conditions: 1. No increase in flow or square footage be allowed. 2. Deed restriction for 3 bedroom use. The Chairman added
one other condition, 3. New H-20 components be installed. Felix Conte made the motion to approve the plans with the 3 conditions. Stan Holt seconded the motion. The vote was 5-0 for approval.
Thomas Hickey 23 Gile Road Map-7 Parcel-542
Timothy Brady from (East Cape Engineering) presented the plans to upgrade the septic system. Finding that the applicant has submitted plans which meet maximum feasible compliance, the Health Agent recommended approval with these conditions: 1. Secondary treatment and monitoring under remedial use approval conditions per DEP regulations including testing quarterly for total nitrogen (or 2 times per year for seasonal use). 2. Operation and maintenance agreement to be submitted to BOH. 3. Deed restriction for 4 bedroom use. 4. New well to be tested for both VOC and Routine parameters prior to approval. 5. Designer to verify proper operation of the system prior to issuance of certificate of
Compliance. The Chairman added another condition: 6. No change in the footprint and shadow of the house. Dr. Taylor added another condition: 7. Alternative system should be recorded on the deed.
Felix Conte made the motion to approve the plans with the 7 conditions.
Stan Holt seconded the motion. The vote was 5-0 for approval.
Olive Jamison 25 Emilys Way Map-7 Parcel-484
Jason Ellis from (J.C. Ellis Design ) presented the plans for a well relocation . The Health Agent recommended approval of the plans because maximum compliance is achieved with an improvement in environmental protection with the following conditions: 1. VOC and routine quality test be provided of proposed well location to assure potability of water supply.
2. Signed disclaimer by the home owner. Felix Conte made the motion to approve the plans with the 2 conditions. Dr. Taylor seconded the motion. The vote was 5-0 for approval.
III. VARIANCE EXTENSION REQUESTED FROM LAST MON
McCloskey 90 Bay Road Map-7 Parcel-536
Felco Engineering sent a letter to the Board requesting the hearing be continued to the BOH Meeting August 28, 2003. The Board approved the request.
Berg & Wiser 875 Herring Brook Road Map -13 Parcel -113
Stephanie Sequin presented the revised plans to upgrade the septic system. The Health Agent recommended approval of th plans because the applicant has satisfied maximum feasible compliance and further removed septic components from the 100ft buffer zone and added secondary treatment. The following conditions were recommended for approval: 1. Microfast Unit to be installed per DEP general use. 2. The
system be tested for total Nitrogen, PH, BOD, TSS quarterly for 2 years
(If used seasonally to be adjusted) after which time a request could be made to reduce testing requirement. 3. Operation and maintenance agreement to be submitted to EBOH. 4. System designer to certify system operation prior to issuance of a certificate of compliance. 5. Deed restriction to 2 bedroom use. The Chairman added 2 other conditions
6. Well Disclaimer form. 7. No change in the shadow and footprint of the of the house. Stan Holt made the motion to approve the plans with the 7 conditions. Felix Conte seconded the motion. The vote was 5-0 for approval.
Joyce Gibson had to leave the meeting at 5 o’clock.
, IV. EXTENSION ON VARIANCES GRANTED (7/25/2002)
Goldman 390 Goody Hallett Drive Map-20 Parcel-27
Jason Ellis representing Mr. Goldman requested an extension of time on variances granted by the Board (7/25/2003) required to install the septic system. The Board approved the extension to expire October 31, 2003. The Board requested the Health Agent send a letter to Mr. Goldman stating his property is in violations of 105 CMR 310 State Environmental Code Title 5. The existing violations are :
105 CMR 410.300 and 310 CMR 15.301 -Owner shall maintain a sewage disposal system in compliance with the Subsurface Disposal of Sanitary Sewage code. The septic system must be installed with the conditions as stated by the Eastham Board of Health on July26, 2002 by no later than October 31, 2003. It has been determined that the existing septic system fails to protect public health, safety and the environment. Failure to comply with an order could result in a fine of not more than $500.00.
Each separate day’s failure to comply with an order shall constitute a separate violation. Stan Holt made the motion to grant the extension to October 31, 2003 . Felix Conte seconded the motion . The vote was 4-0 for approval of the extension. ( Joyce Gibson left early)
V. PERMISSION FOR CONTINUATION OF VARIANCE
Willard 1405 Samoset Road Map -13 Parcel - 119
Ryder & Wilcox sent a letter requesting the hearing for this property
be held August 28, 2003 since Mr.Willard is unable to attend the July meeting. The vote was 4-0 for approving the continuation.
The meeting was adjourned at 5:30 p.m.
THE NEXT MEETING WILL BE HELD THURSDAY, AUGUST 28, 2003.
Respectfully submitted,
Janice M. Shea
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