MINUTES
BOARD OF HEALTH MEETING
THURSDAY, MARCH 29, 2007 AT 3 PM
PRESENT: Paul Lothrop, Chairman, Stan Holt, Dr. James Taylor,
Pat Lariviere, Jane Crowley, Health Agent
(Joyce Gibson absent)
The Chairman opened the meeting at 3 PM
Health Agent Jane Crowley asked to withhold the Opening Statements to allow Marty Mickle, DPW Superintendent, to update the Board on the proposed draft Transfer Station Regulations that are being reviewed and updated. Mr. Mickle explained to the Board that the updated regulations are an attempt to catch up to other town’s regulations in the area as well as the state. Chairman Paul Lothrop asked what changes had been made to the document. Ms. Crowley responded that a definition of terms had been added to the new document, the format had been updated to match the other regulations, also general regulations had been updated such as non-commercial use, eligible access, and sticker eligibility. Stan Holt asked that there be a delay in the accepting of this document and asked that the
changes made be noted in the new document. Ms. Crowley responded that it was possible to go over the regulations again at next month’s meeting and it was also possible to have a workshop set up. Ms. Crowley added that she and Mr. Mickle had discussed the regulation with the Recycling Committee.
Return to Opening Statements
I. OPENING STATEMENTS:
Ms. Crowley informed the Board of the proposed changes to the Fee Schedule such as the Septic Inspection Reports. She notified the Board that the Fee Schedule changes would require Board of Selectmen approval. Ms. Crowley then went on to inform the Board of some upcoming event dates such as the Rabies Clinic, and presentations by the Cape Cod Water Protection Collaborative, The Eastham Forum on Water Supply, and George Heufelder from Barnstable County on Innovative Alternative Septic Systems. Ms. Crowley also gave the Board information packets on the Nitrex Septitech treatment system that is being installed on Brackett Rd. She informed the Board that it is a 8,000+ gallon per day system, with secondary treatment. The system resembles a system in use today in the Town of Mashpee which appears
to be working smoothly.
II. VARIANCES:
1. Bishop 47 Longstreet Lane Map-10 Parcel-342A
Chris Wickson from East Cape Engineering presented the plan to update the septic system.
The variances requested are:
310 CMR 15.00 (Title 5)
15.405 Minimum Setback Distances
5’+/- to the 10’ required setback for proposed soil absorption system to property line
1’+/- to the 10’ required setback for proposed septic tank to property line
1’+/- to the 10’ required setback for proposed distribution box to property line
13’+/- to the 20’ required setback for proposed soil absorption system to foundation wall
2’+/- to the 10’ required setback for proposed septic tank to foundation wall
TOWN OF EASTHAM BOARD OF HEALTH REGULATIONS
Section 5
22’+/- to the 100’ required setback for proposed soil absorption system to of coastal bank
Finding that the plan achieves maximum feasible compliance the Board of Health approved the proposed plan with the following conditions:
Revise plan to include pressure distribution
No increase in flow allowed
Deed restriction to 2 bedrooms
Well to be tested for VOC and Routine parameters
Pump chamber to be required with pressure dosed leach area
Upon transfer of property new well to be installed as shown on plan as future well location
Any increase in habitable space will require Board of Health approval
Stan Holt made the motion to approve the plan with the 7 conditions.
Dr. Taylor seconded the motion.
SO VOTED UNANIMOUSLY
IV. REVIEW
1. Brueckner 5490 State Highway Map-5 Parcel-2
David LaJoy from Felco Engineering presented the plan for nitrogen aggregation proposal. He asked for the Board to allow for the subdivision of land and upgrade of existing cottage colony and new lot with proposed dwelling. Stan Holt objected to approval due to lack of floor plans for proposed dwelling. Also, cottage colony layout is inconsistent with total number of bedrooms shown in design. Mr. LaJoy asked that the Board conditionally approve the plans based on the following terms:
No increase in flow
Routine and VOC analysis be provided for all existing and proposed well locations
DEP approval per Nitrogen Aggregation Policy
Return with floor plans for lots 1 and 2
Approval conditional on floor plans to be submitted, reviewed and approved by the Board of Health
Dr. Taylor made the motion to conditionally approve the plan with the 5 conditions.
Pat Lariviere seconded the motion.
Approved 3-1
2. Magnacca 15 Martha Ave Map-10 Parcel-200
Laura Schofield from Schofield Engineering presented the plan. The plan was presented to the Board to go on record that the second floor of the proposed garage will never be used as habitable space.
Finding that the plan achieves maximum feasible compliance the Board of Health approved the proposed plan with the following conditions:
Deed restriction to four bedrooms
Any increase in habitable space would be subject to Board of Health review
The garage not to be used as habitable space and not to be heated
Stan Holt made the motion to approve the plan with the 3 conditions.
Pat Lariviere seconded the motion.
SO VOTED UNAMIOUSLY
3. Tarca-Shannon 16 Fisher Road Map-10 Parcel-305
Letter of withdrawal received March 27, 2007.
CORRESPONDANCE/OTHER INFORMATION
1. Breakwater Holdings LLC 4665 State Highway Map-8 Parcel-290
Chairman Paul Lothrop excuses himself from the following proceedings. Stan Holt steps in as Chairman.
Attorney Ben Zhender representing property owner Timothy Klink. Mr. Zhender came before the Board to ask that the Board vote to appeal a decision by Jane Crowley, Health Agent to not approve a building application at 4665 State Highway. Mr. Zhender stated that by not approving a building application the property owner will not be able to go forward with the building of an apartment that will remedy the illegal apartment on the second floor of a garage located on the property. Mr. Klink has proposed to remodel the garage second floor by removing the apartment in the front of the building and keep the apartment in the back, making the area in front an open loft area. The apartment which Mr. Klink is proposing to eliminate is the lawful permitted apartment that was originally given approval. Mr.
Zhender stated that allowing the proposed plan by Mr. Klink will decrease the design flow of the septic system located on the property. Ms. Crowley stated that at this time, according to testing of the system, it is not performing well and is testing above all limits. Ms. Crowley informed the Board that Mr. Klink’s appeal to the violation from Board of Health Meeting on August 31, 2006 to demolish and eliminate the second unpermitted apartment is in Superior Court.
Pat Lariviere made a motion to deny the appeal to approve a building permit for property located 4665 State Highway.
Dr. James Taylor seconded the motion.
Approved 2-1.
2. Mid-Cape Youth Hostel 75 Goody Hallet Dr. Map-20 Parcel-58
Laura Schofield came before the Board to talk about the proposed Mid-Cape Youth Hostel plans. Ms. Schofield stated that the Youth Hostel has not yet come forward to establish ground rules on what they have proposed for the property and as an abutter she would like to be informed. Jane Crowley, Health Agent stated that the Youth Hostel has registered with the Department of Environmental Protection and is pursuing requirements for establishing public water supply status. Ms. Crowley and Allison Alessi, Architect, met with Brain Dudley, DEP and Mike Quinn to discuss issues related to water supply and wastewater that could impact the project. Ms. Schofield wanted to go on record before the Board as being a neighbor of the proposed property upgrade and would not want to see an overlap in jurisdiction,
and that she sees no room on the property to move the well and would not want it on her property.
Lawn Chemical Presentation
Chairman Paul Lothrop requested an informational session in regards to lawn chemicals and pesticides. A decision was made that April’s meeting would begin at 2:30 in order to give enough time for the presentation.
Jimmy D’s Restaurant
Upon request by the Health Department Jimmy D’s Restaurant removed the cigarette vending machine. At the time of inspection it was removed therefore it was not necessary for restaurant owner James Demitri to appear before the Board.
Correspondence from Lillian Lamperti, Town Clerk
Correspondence from Ms. Lamperti in regards to rental properties and complaints made by occupants.
MINUTES
March 29, 2007 approved
The meeting was adjourned at 5:45PM
THE NEXT MEETING OF THE BOARD OF HEALTH
IS THURSDAY, APRIL 26, 2007 AT 2:30 P.M.
Respectfully submitted,
Susan A. Barker
Assistant Health Agent
| 
