MINUTES
BOARD OF HEALTH MEETING
MAY 27, 2004
PRESENT:
Paul Lothrop, Chairman, Joyce Gibson, Dr. James Taylor, Felix Conte, Stan Holt, Jane Crowley, Health Agent, Madelynanne Magill - Secretary
Meeting was called to order with a full quorum at 2:55 p.m. by Paul Lothrop, Chairman.
I. Opening Statements:
Stan Holt voiced his concerns regarding the use of pesticides at Nauset High School. Jane Crowley assured him that they do have an integrated pest management plan in place. Our contact at the school is the Assistant Principal, and he is aware of the integrated pest management plan under the Children’s Protection Act. Jane said she was comfortable with this plan.
Jane Crowley commented regarding the ongoing water testing study area, we found one contaminated well on Schoolhouse Road. Our licensed site professional is continuing to process samples, and the entire area has been notified. One of the wells in our study area had an MTBE of 400 ppm which exceeds the reporting limit. The DEP and the homeowner have been notified. It seems to be isolated and is in close proximity to a catch basin. Full review of all direct abutters has been implemented, and I will keep you posted on the results.
Regarding Board of Health review of plans, Paul Lothrop stated that 3 out of 5 plans require Conservation Commission approval. He thought Cons Com was supposed to hear them before they came to Health. Some go to Cons Com then Health and then back to Cons Com if any changes are required by Board of Health. Jane Crowley stated that in most cases it is not possible to have Cons Com review prior to Board of Health hearing them. It is difficult but we can approve pending Cons Com.
II Variance Hearings:
1. Arthur Cestaro 290 Goody Hallet Road Map 20 Parcel 022
Chris Wickson of East Cape Engineering presented the project to the Board for an existing 4 bedroom house currently served by a 1978 code Title V system. The existing 1,000 gallon tank would remain in use, but the concrete leach pit would be replaced by an SAS would be designed to meet the requirements of the 1995 code. In order to meet the minimum setback distances to the existing well and the salt marsh, the new SAS has been proposed at 13' from the foundation wall instead of the required 20'. Cons Com is not required because system is out of the buffer zone. Paul Lothrop suggested tabling until H20 loading could be verified and tank could be verified as structurally sound (water tight and no cracks), both covers to grade. If he will uncover and determine type of tank, verify
integrity and do tightness test we will leave these components.
Motion made by Paul Lothrop to approve with conditions - Seconded by James Taylor.
Conditions:
1. Verify H20 loading
2. Verify integrity of tank
3. No increase in design flow to be allowed
4. Provide waterproofing to foundation and/or flow barrier to prevent intrusion.
5. Deed restriction to 4 bedrooms
VOTE: 4-1 (Stan Holt voted no - to protect abutters and future buyers, should put in a larger tank)
2. Paul Underhill 265 Alston Avenue Map 11 Parcel 023
Chris Wickson of East Cape Engineering presented the project to the Board for an existing 2 bedroom house with proposed additions currently served by a cesspool. Due to constraints in lot size and location of abutting wells and septic systems, and in order to maintain 100' setbacks to this and abutting properties, requesting a 7' variance to the required 25' road line setback, offering maximum feasible compliance.
Motion made by Paul Lothrop to approve with conditions - Seconded by Joyce Gibson
Conditions:
1. No habitable space allowed in the barn
2. No increase in design flow to be allowed
3. Deed restriction to 2 bedrooms
4. Well disclaimer signed by Homeowner
VOTE: 4-0 (Felix Conte left the meeting at 3:45 p.m., prior to this vote)
3. Stephen Hourigan 27 Bayberry Lane Map 13 Parcel 155
Jason Ellis of J. C. Ellis Design presented the project to the Board for an existing 2 bedroom house on a 14,310 square foot lot currently served by a cesspool. The plan includes the use of secondary treatment with a Microfast 0.5 unit. Due to lot constraints, this is the best you can do here, there is no where else to put it.
James Taylor is concerned about pathogens and suggested disinfection, Stan Holt suggested a tight tank or ultraviolet disinfection and a contracted maintenance agreement, Joyce Gibson suggested disinfection, and Felix Conte suggested a tight tank. There is one of these systems on Gile Road on the coastal bank, one on Rogers Lane on Town Cove. We have to be consistent.
Motion made by Paul Lothrop to approve with conditions - Seconded by Stan Holt
Conditions:
1. 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 general use approval conditions per DEP regulations including testing quarterly for total nitrogen, BOD, TSS, 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 EBOH. Operation and maintenance agreement to be required for life of the system.
5. Deed restriction for 2 bedroom use and use of alternative technology requirement to be recorded on deed.
6. Designer to verify proper operation of the system prior to issuance of Certificate of Compliance.
7. Subject to Conservation Commission approval.
8. Any increase in habitable square footage would require Board of Health review.
9. UV Disinfection added to system.
10. Any well under 100' impacted by new septic system be tested for routine parameters.
VOTE: 5-0
III Skipped over to end of meeting
IV Extension Request
Sclafani 600 Campground Road Map 07 Parcel 317
Attorney Ben Zehnder presented a request to the Board for a six-month extension to a previously approved variance. The owners are ready to pull permits and begin construction.
Motion made by Paul Lothrop to grant six-month extension - Seconded by Stan Holt
VOTE: 4-0 (Felix Conte left the meeting)
V Review for addition of Secondary Treatment
Griffin 135 Harmes Way Map 01 Parcel 102
Stephanie Sequin of Ryder & Wilcox Engineering presented the project to the Board for an existing 2 bedroom house with proposed addition currently served by a Title V system. The plan proposes the addition of a Microfast 0.5 unit to the existing Title V system.
Stan Holt suggested tight tank or septic system with secondary treatment. James Taylor suggested pressure dosing and ultraviolet disinfection between the tank and pump chamber. Cons Com approval is required. Stephanie Sequin stated that flow diffusers have precast channels in the top and pressure dosing would not be feasible.
Motion made by Paul Lothrop to approve with conditions - Seconded by James Taylor
Conditions:
1. No increase in design flow to be allowed
2. Secondary treatment and monitoring under general use approval conditions per DEP regulations including testing quarterly for total nitrogen, BOD, TSS, Nitrate (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 required for life of the system.
4. Deed restriction for 2 bedroom use and use of alternative technology requirement to be recorded on deed.
5. Designer to verify proper operation of the system prior to issuance of Certificate of Compliance.
6. Subject to Conservation Commission approval.
7. Any increase in habitable square footage would require Board of Health review.
VI Appeal to Health Agent’s Decision
Julie Koenig 30 Bay Shore Lane Map 13 Parcel 136
Attorney LaTanzi is representing the owner of this parcel. Also present, Frank De Felice, Building Inspector, and S. Pechukas, Realtor. Ms. Koenig recently purchased this parcel from Ms. Elaine Vaudreuil not knowing that it was subject to an enforcement order by the Building Department. Alterations were made to this dwelling without the benefit of first obtaining a building permit. This information was withheld by the previous owner and was not disclosed until after the closing. The new owner allowed full access to the dwelling in order for the Building Inspector and Health Agent to perform an inspection. Both the basement and the area above the garage meet the criteria for a bedroom, thus raising the dwelling to 5 bedrooms. The house has a Title V septic system for 3 bedrooms which was
installed in 1999. The lot contains 20,005 square feet and there was a 3 bedroom covenant filed with the deed at that time.
Mr. LaTanzi said the new owner was willing to do whatever is necessary to set things right. She wants to keep the house and be able to use it legally.
Stan Holt requested that Paul read the letter on behalf of the abutters, submitted by Attorney Sarah Turrano-Florres, be read into the minutes for the record. Paul read the letter into the minutes. (See attached)
Mr. LaTanzi made some suggestions including a new covenant, removing door and widening area of doorway above garage, and removing kitchen appliances.
In regard to any changes that may be required, the buyer (Ms. Koenig) would be responsible because she is the current owner.
Stan Holt wants to see plans and have the Koenig’s come in and talk to the Board. Frank De Felice said they must have inspections of the plumbing and wiring. Paul Lothrop wants to see a new septic inspection report of the system and leach field.
Paul Lothrop has tabled this hearing until such time as a septic inspection report has been submitted, Attorney LaTanzi is to draw up and submit a new covenant, and the homeowner is available to attend a meeting with the Board. It was also requested that the Board of Health write a letter to Town Administration and Selectmen and suggest that Ms. Vaudreuil be removed from any town boards forever, due to deliberate violations of Town regulations and permit requirements.
Public Hearing - Proposed changes to Regulation 1E - eliminating the reference to overflow cesspools. At the time of transfer it would automatically fail. Section C - subsections d and e have changed.
No one from the public had comment. Board of Health discussed need to eliminate overflow cesspools to further protect the environment and public health safety and welfare.
Paul Lothrop moved to accept the regulation changes - Stan Holt seconded
VOTE: 4-0
Other Discussion: Jason Ellis made several suggestions to Local Septic Inspection Criteria. These included that leach pit must have 4 foot separation to ground water or it will fail and has to be above maximum adjusted ground water the minimum 4 foot to groundwater under the 78 code.
The Board has taken these suggestions under advisement at this time.
The meeting was adjourned at 5:35 p.m.
Respectfully submitted,
Madelynanne Magill
Building/Health Secretary
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