MINUTES
EASTHAM BOARD OF HEALTH
THURSDAY, APRIL 29, 2004
PRESENT
Paul Lothrop, Felix Conte, Joyce Gibson, Stan Holt, Dr. Taylor, Jane Crowley, Health Agent
Paul Lothrop, Chairman opened the meeting at 3:00 p.m.
OPENING STATEMENTS:
The Health Agent informed the Board about the results of water testing at a well in the Schoolhouse Road area which showed contamination. The Town has contracted with Bennett & O’Reilly to do monitoring of wells in that area until the problem has been solved. Jane recommended that the Board vote to place a limit of 100 ft. in that area until the problem is solve. Dr. Taylor made the motion to approve the recommendation made by the Health Agent. Stan Holt seconded the motion. The vote was 5-0 to place a 100 ft. limit in that area until the problem is solve.
VARIANCES
1. Paul Lothrop 10 Whelpley Rd. Map-2 Parcel-84
(Paul Lothrop recused himself from this variance request. Stan Holt Co-Chairman took his place.)
John 0'Reilly presented the revised plans dated 11/14/2003. The plans include a Bioclere Septic Treatment Unit. The Health Agent recommended approval pending Conservation Commission approval. Jane Crowley submitted copies of the Eastham Conservation Commission meeting dated 3/23/2004 approving the plans that had just been received by the Health Department. Mr. Zehnder was present to represent Mr. Burton and the plans submitted.
Mr. Hoerle, an abutter to the property, stated he was concern about the plans which could effect the wetlands in that area.
Mr. Ziperman, an abutter, also spoke stating that he was concern about the water flow from the Treatment Unit and the wet land.
Mr. Filipowski , an abutter, was concern about the impact this plan would have on his property.
Frank DeFelice, the Eastham Building Inspector, was presented and stated that it is a complicated process for an applicant to get a Building permit in a sensitive area. The plans submitted must go before Eastham Boards Cons Com, Zoning etc. for approval, if they approved the plans than a Building permit could be issued without a problem.
The Health Agent recommended approval of the plans submitted by Bennett & Reilly with these conditions:
1. Bioclere secondary treatment and monitoring under provisional use approval conditions per DEP regulations including testing quarterly for total nitrogen, Nitrates, BOD, TSS and Fecal Coliform (4 times per year or 2 times per year for seasonal use) and submit results to Eastham Board of Health.
2. Operation and maintenance agreement to be submitted to EBOH.
3. Operation and maintenance agreement to be required for the life of the system.
4. New well to be tested for both VOC and routine parameters prior to approval and well variance wavier form to be signed by property owner.
5. Deed restriction for 2 bedrooms use and alterative technology requirement to be recorded on deed .
6. Designer to verify proper operation of the system prior to issuance of Certificate of Compliance.
7. No increase in square footage and shadow to remain the same.
8. Escrow account be established by owner for use in case of failure of system , prior to approval .(Amount to be determine)
Dr. Taylor made the motion to approved the plans with the seven conditions. Stan Holt seconded the motion. The vote was 3-0 for approval. Joyce Gibson abstained from voting.
2. Marianne Owen 31R Martha Ave Map-10 Parcel- 202
Laura Schofield presented revised plans to upgrade the septic system.
Finding that the plans achieves maximum feasible compliance the Board voted approval with these conditions recommended by the Health Agent:
1. No increase in design flow be allowed.
2. Secondary treatment and monitoring under general use approval conditions per DEP regulations including testing quarterly for total nitrogen (or 2 times per year for seasonal use). After this time reduction of testing could be requested to BOH by owner.
3. Operation and maintenance agreement to be submitted to EBOH. Operation and maintenance agreement to be requested for life of the system.
4. Deed restriction for 3 bedrooms and alternative technology requirement to be recorded to be recorded.
5. Designer to verify proper operation of the system prior to issuance of Certificate of Compliance.
6. No increase in square footage.
7. Well variance form signed by the owner.
Stan Holt made the motion to approved the plans with the seven conditions. Joyce Gibson seconded the motion. Voted unanimously for approved.
3. Martin Piper 255 Corliss Way Map-18 Parcel-3
Chris Wickson from East Cape Engineering presented the plans to upgrade the septic system. Finding that the plans result in maximum feasible compliance the Board voted approval with these conditions recommended by the Health Agent:
1. Voc and routine water quality test results be provided of proposed well to assure potability
2. No increase in design flow be allow
3. Deed restriction to 6 bedrooms design
4. Covers on s.a.s. and septic tank within 6"of final grade
Stan Holt made the motion to approved the plans with the 4 conditions.
Felix Conte seconded the motion. Voted unanimously for approval.
4. Donald & Judy Turpin 10 Hide Way Ln. Map-7A Parcel-29
Chris Wickson presented the plans to upgrade the septic system. Finding that the plans achieves maximum feasible compliance the Board approved the plans with the conditions recommended by the Health Agent:
1. Voc and routine water quality test results be provided of existing well location to assure potability
2. No increase in design flow be allowed
3. Secondary treatment and monitoring under remedial use approval per DEP regulations including testing quarterly for total nitrogen BOD, T.S., Nitrate (or 2 times per year for seasonal use). After this time reduction of testing could be requested to BOH by owner.
4. Operation and maintenance agreement to be submitted to Eastham Board of Health. Operation and maintenance agreement to be required for life of the system.
5. Deed restriction for 5 bedroom use and alternative technology requirement to be recorded.
6. Designer to verify proper operation of the system prior to issuance of Certificate of Compliance.
7. Disclaimer form signed by the owner.
8. No increase in square footage of habitable space,
9. Covers on s.a.s. and septic tank within 6" of final grade.
Dr. Taylor made the motion to approve the plans with the 9 conditions.
Stan Holt seconded the motion. The vote was 5-0 for approval.
5. Laurie Kunches 26 Bayberry Lane Map-13 Parcel-165
Laura Schofield presented plans to upgrade the septic system. Finding that the plans results in maximum feasible compliance the Board approved the plans with the recommendations made by the Health Agent
Voc and routine water quality test results be provided of proposed well location to assure potability
No increase in design flow be allow
Secondary treatment and monitoring under general use approval conditions per DEP regulations including testing quarterly for total nitrogen, BOD, T.S. Nitrate (or 2 times per year for seasonal use).
After this time reduction of testing could be requested to BOH by owner.
Operation and maintenance agreement to be submitted to Eastham Board of Health operation and maintenance agreement to be required for life of the system.
Deed restriction for 2 bedroom use, alternative technology requirement and well variance to be recorded on deed.
Designer to verify proper operation of the system prior to issuance of Certificate of Compliance.
Well disclaimer form signed by the owner.
Covers on s.a.s. and septic tank 6" of final grade.
Felix Conte made the motion to approved the plans with the 8 conditions.
Dr. Taylor seconded the motion. The vote was 5-0 for approval.
6. Robert & Elizabeth Beachy 1125 Kingsbury Beach Rd. Map-10 Parcel 317
Terry Ryder presented plans to upgrade the septic system. Finding that the plan achieves maximum feasible compliance the Board approved the plans with these conditions: recommended by the Health Agent
1. No increase in design flow be allowed.
2. Deed restriction for 3 bedroom use.
3. No increase in square footage (should there be an increase it would require BOH review and could require secondary treatment.
Felix Conte made the motion to approve the plans with the 3 conditions.
Stan Holt seconded the motion. Voted unanimously for approval.
PUBLIC HEARING ON PROPOSED FEE INCREASES
Ron Peterson (Atlantic Well Drilling) spoke against the increase in well fees.
Stan Holt made the motion to approve the increase in fees. Felix Conte seconded the motion. The vote was approved 3 for and 2 against.
VOTE ON RENEWAL OF BOARD OF HEALTH LICENSES - 2004
Food Establishments, Installers, Haulers, Refuse Haulers, Tobacco Sales Motels, Manufacture Ice Cream , Milk /Cream, Swimming Pools, Massage Therapist and Stables.
Felix Conte made the motion to approve the renewal of licenses. Stan Holt seconded the motion. Voted unanimously for approval.
REQUEST APPROVAL FOR BIOCLERE TREATMENT UNIT
Rick Taylor 255 Massasoit Trail Map-4 Parcel - 418
335 Massasoit Trail Map-4 Parcel - 422
Chris Wickson presented information on the Bioclere Treatment Unit to be installed at each site. In order to allow a three bedroom house on a 20,00 sq ft. lot. The Board voted Provisional Approval for the Bioclere Model 16/12/-350 with these conditions:
1. Voc and routine quality test results be provided of proposed well location to assure potability.
2. No increase in design flow be allowed.
3. Deed restriction for 3 bedroom use and use of alternative system to be recorded on deed.
4. The plan is subject to DEP approval
5. Applicant be required to submit quarterly test results to Eastham Health Department on the following parameters (if used year round or prorated equivalent) on effluent for a period 2 years minimum:
PH, BOD, TSS, Nitrate, and Total Nitrogen. After two years of monitoring and at the request of the owner the testing requirement may be reduced. All monitoring data shall be submitted within 30 days of sampling date.
6. Operation and maintenance contract required for life of the system.
7. Designer to verify operation of the system at time of installation.
Stan Holt made the motion for Provisional approval with the 7 conditions. Felix Conte seconded the motion . The vote was 5-0 for approval .
VII. DRAFT TO ELIMINATE CESSPOOLS
Proposed Septic Regulations Changes to Eastham Board of Health Regulation 1E - (c) failure of Septic System subsections (d) and (c). Proposed revisions would require upgrade of over flow cesspools or converted cesspools systems : (1) at time of property transfer or 92) whenever a building permit is issued concerning changes to the footprint or Shadow of the dwelling or any redesign (excluding decks, sheds etc.) to comply with Title 5 the State Regulatory Code 310 CMR 15.404 Eastham Board of Health regulation 1E (B) New construction for existing Dwelling subsection (3) be stricken.
Dr. Taylor made the motion to approve changes to EBOH regulation. Stan Holt seconded the motion. The vote was 5-0 for approval.
REVISED WELL COMPLIANCE FORM
Approved 5-0.
Minutes March 25 , 2004 Approved 5-0
The meeting was adjourned at 5:50
THE NEXT BOARD OF HEALTH MEETING IS JUNE 24, 2004 AT 3:00P.M.
Respectfully Submitted ,
Janice M. Shea
Health Clerk
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