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Board of Health Minutes 04/26/2007
MINUTES
BOARD OF HEALTH MEETING
THURSDAY, APRIL 26, 2007

PRESENT:        Paul Lothrop, Chairman, Stan Holt, Dr. James Taylor, Pat Lariviere,
                Jane Crowley, Health Agent
                (Joyce Gibson absent)


PRESENTATION-FERTILIZERS

Mr. Bill Clark from Cape Cod Extension Service presented information to the Board of Health regarding nitrogen in fertilizers.  Mr. Clark was requested to appear before the Board to discuss the possibility of fertilizer application on lawns contributing to high nitrate levels in the town’s drinking water supply.  Mr. Clark presented information on the scientific makeup of lawn fertilizers such as nitrogen and phosphorus.  He also discussed the different types of nitrogen, such as water soluble and insoluble.  Water soluble is nitrogen that is released quickly into the soil, and it is from a natural source.  Water insoluble nitrogen is generally manmade and has a slow release time.  Board member Stan Holt asked Mr. Clark if it is known what kind of materials are being used by the big companies that fertilize local lawns.  Mr. Clark responded that it is not exactly known but that generally a blend of water soluble and insoluble nitrogen will be applied because the soluble nitrogen will result in a green lawn quickly and insoluble nitrogen will help to maintain the green lawn.  Mr. Clark mentioned several management options to minimize nitrogen loss:


Application rate
Use a fertilizer that is 50% slow release
Soil type should be loam, at least 4” of loam should be used to get the best results
Application during peak growing season
Low maintenance shrubs and ground cover

Research on nitrogen has been completed in several areas, two of which are on Cape Cod.  The Town of Yarmouth required the local golf course to monitor wells on site for the first five years; the results were favorable to the idea that little nitrogen from fertilizers applied affected the water supply.  Also in the Town of Brewster another local golf course was required to monitor 85 sites, these results were also favorable.  At one time there was a spike in nitrate levels when new turf was laid down, but the results were still favorable.  Research was conducted by the University of Connecticut and the University Texas where the results showed little nitrogen leached into the water supply.  Board Chairman, Paul Lothrop asked Mr. Clark what percentage of the nitrogen issues in the water supply is a result of fertilizing with nitrogen, he wanted to know if the water supply was in danger of becoming contaminated.  He stated that the Board would like to consider the possibility of putting a ban on high nitrogen fertilizers.  Mr. Clark responded that assuming the local companies are using the recommended application rates, which he would assume they are because they are professionals, there should not be a problem.  He would not recommend a ban of that kind.  Health Agent, Jane Crowley asked if Mr. Clark had any examples of local successful educational campaigns on fertilizer use.  Mr. Clark responded that the Town of Falmouth is the leading example in educating the public on proper fertilizer use.

The Chairman called the meeting to order at 3PM



OPENING STATEMENTS

Health Agent, Jane Crowley informed the Board of several items of interest over the past month.  Rabies Baiting for the Town of Eastham has been arranged for May 4, 2007; volunteers from AmeriCorps, SeniorCorps, and USDA will be participating in the baiting process.  The presentation of I/A Systems on April 25, 2007 presented by George Heufelder and Sue Rask from the Barnstable County Health Department was very well attended.  There will be a Municipal Water Supply Presentation on May 2nd at 4PM which will discuss the upcoming issue of municipal water.  A Rabies Vaccination Clinic was held on April 7th which the Eastham Veterinary Hospital assisted at.  Ms. Crowley informed the Board that she would be attending a financing workshop regarding funding for municipal water.  The Board was also informed of the progress at the Brackett Road site where a Nitrex system is being installed.  The system is similar to a system in Mashpee which is performing well.  The hope is that the Brackett Road system will be started up within the next few weeks.

MUNICIPAL WATER SUPPLY-TOWN ADMINISTRATOR, SHELIA VANDERHOEF

Town Administrator, Sheila Vanderhoef spoke before the Board in regards to the Municipal Water Supply issue that will be coming up at the Annual Town Meeting in May.  Ms. Vanderhoef asked that the Board give them their position on the municipal water supply issue.  She stated that as far as the administration is concerned the water supply is a public health issue.  Board member Stan Holt asked Ms. Vanderhoef why a decision is being made to go forward with a water supply system and not a sewage treatment system.  Ms. Vanderhoef replied that a water supply system would immediately help the water supply issue.  Dr. Taylor stated that he believed the town must go forward with this water system; there are other concerns about water quality than nitrates.  He feels that it is important to guarantee to the citizens safe drinking water, and also the availability of water for firefighting is important.  Pat Lariviere stated that she supports the water supply project but would still like to make certain that there is an awareness of protecting soil and what goes into the groundwater.  Ms. Lariviere also commented that it is possible that some citizens may be concerned about the financial side of the project; therefore she thinks that education on the subject is important.  Stan Holt stated that he supports the water project but he is also a strong advocate for individuals who are low income and worry about the financial difficulties may cause them.  Chairman Paul Lothrop stated that he does not support the project; he feels it is an unnecessary financial burden on people.  He does not support the idea of governmental control over drinking water; he stated that he will not support the project by hooking up when the time comes.  Member Stan Holt asked Ms. Vanderhoef should the project be voted down at town meeting what is the likely hood of it continuing.  MS. Vanderhoef responded that should the project be voted down that is the end; there will not be municipal water supply.  Dr. Taylor stated that he supports Town Water and it is necessary for the Town to institute at this time.

Dr. Taylor made the motion to support the municipal water supply project.
Stan Holt seconded the motion.

Approved 3-1

PROPOSED TRANSFER STATION REGULATION

Health Agent, Jane Crowley informed the Board of the progress on the proposed transfer station regulations.  At the March meeting Board members had requested that changes made be noted in the new document.  The sections of the new document which are colored red are the new additions to the documents and items changed.  Sections colored black are items that remained the same from the original regulation.  DPW Superintendent, Marty Mickle was also present at the meeting.  Stan Holt asked Mr. Mickle if the Swap Shop will remain open and if the use of the Swap Shop is considered “picking”, as defined in the regulation.  Mr. Mickle responded that the use of the Swap Shop is considered authorized picking.  Dr. Taylor requested that a statement be posted somewhere on the premises of the transfer station that lists exactly what hazardous materials are, and where they can be disposed of.  For example, empty paint cans cannot be put in the transfer station; Dr. Taylor asked where these can be disposed of.  Ms. Crowley responded that Hazardous Waste Material Day is the best opportunity to get rid of those materials.  Member Stan Holt asked if trash is routinely inspected to ensure that there are no hazardous materials.  Mr. Mickel responded that generally it is not a problem, some garbage is randomly inspected.  Chairman Paul Lothrop asked if commercial haulers are inspected and what are the consequences of not following regulation, Mr. Mickle responded that commercial haulers are physically inspected.  There is a regulation that allows a fine to be enforced; generally a verbal warning is issued.
Ms. Crowley asked that if the Board members accept the new regulation a public meeting will be advertised.  Dr. Taylor suggested that the Board be allowed to look over the document over the next month, should there be any questions members will contact Jane directly.

PRESENTATION-POND TESTING PROGRAM

Ms. Sandy Bayne requested a meeting with the Board of Health to request that the Board support more pond testing in the Town of Eastham.  She requested the Board of Health to support the pond testing article on the warrant.  She explained that the testing has been funded since 2002, now, however, the resources are gone and some of the tools old.  Funds are used to monitor the ponds through testing and for public education.  Ms. Bayne informed the Board that the Board of Selectman voted unanimously 4-0, as did the Finance Committee 5-0.  Stan Holt commented that he supports the pond research because he feels that the tourist industry will be affected because if it is known that the ponds are impacted people will not come here.  Dr. Taylor commented that he supports the project.  

Paul Lothrop made a motion to support the pond study.
Stan Holt seconded the motion.
SO VOTED UNANIMOUSLY

REVIEW

1.      Hale            75 Bay View Dr.         Map-13  Parcel-13

Ms. Judy Bersin from Ryder&Wilcox presented the plan for provisional use approval using Advantex AX20 innovative technology to allow a four bedroom dwelling to be built on the environmentally sensitive lot.  This is a 38,000 sq foot lot with an existing four bedroom dwelling.  The proposed septic location and site well location will be better than what currently exists and will provide more environmental protection.  This plan also includes secondary treatment to reduce nitrogen loading.  Dr. Taylor asked why this Advantex system was chosen.  Ms. Bersin responded that there is not really enough information on any one alternative system to say which is better.  Ms. Crowley responded that this system has received state DEP approval, as well as Conservation Commission approval.  In theory it looks as though the system will work.

Finding that the plan achieves maximum feasible compliance the Board of Health approved the proposed plan with the following conditions:



Routine water quality test of existing well location to assure potability.
No increase in design flow be allowed.
Secondary treatment and monitoring under provisional use approval conditions per DEP regulations including testing two times per year for seasonal use for total nitrogen, BOD, TSS, Nitrate.  Nitrate-nitrogen not to exceed 19 mg/l.  Testing for seasonal use to be completed at mid summer and end of summer only.
Operation and maintenance agreement to be submitted to the Board of Health.  Operation and maintenance agreement to be required for life of the system.  Operator to report results via Carmody Database provided through Barnstable County Health or directly to the Eastham Health Department if not available.
Deed restriction for 4 bedroom use and use of alternative technology requirement to be recorded on deed.
Designer to verify proper operation of the system prior to issuance of Certificate of Compliance.
Subject to Conservation Commission approval.
Any increase in habitable square footage will require Board of Health review.

Stan Holt made a motion to approve the plan with the 8 conditions.
Pat Lariviere seconded the motion.
SO VOTED UNANIMOUSLY

2.      Nayley          145 Ireland Way         Map-17  Parcel-47

Mr. John Schnaible from Coastal Engineering presented information to the Board regarding a Title 5 system that was designed to code in 1984.  The dwelling on the property is a four bedroom dwelling existing; however, building plans show only three bedrooms.  The fourth bedroom was originally designed as a study with a closet.  The leaching pit capacity as shown on the existing design plan is 427.55 gpd, which is 12.45 gpd less than required for a four bedroom design.  Mr. Schnailble stated that the septic tank and leach pit are in good condition, with 1 inch of water in the leach pit.  He recommended to the property owners to have the tank pumped and risers and covers be installed within 6 inches of grade for each component.  There are no abutter wells nearby that can be affected  Mr. Schnaible came before the Board because of the inconsistency between the building plans and septic plans and requests that the Board consider the existing sewage disposal system disposal system to pass so that a transfer of property may go forward.

Finding that the septic system is functioning accurately, the system is adequate for the demands of the property, and abutter wells are far enough away the Board of Health approved with the following conditions:



No increase in design flow be allowed.
Deed restriction to four bedrooms.
Any increase in habitable space will require Board of Health approval.
If existing system should fail, system must be redesigned for 4 bedrooms.

Stan Holt made the motion to approve the property as a four bedroom dwelling with the 4 conditions.
Dr. Taylor seconded the motion.
SO VOTED UNANIMOUSLY



EXTENSION REQUEST

1.      Swenson 1900 Herring Brook Rd           Map-10  Parcel-58

Mr. George Reilly requested the Board to approve a one year extension for property located at 1900 Herringbrook Rd..

Pat Lariviere made the motion to approve a one year extension.
Dr. Taylor seconded the motion.
SO VOTED UNANIMOUSLY

MINUTES

March 29, 2007 approved
The meeting was adjourned at 5:30PM
THE NEXT MEETING OF THE BOARD OF HEALTH
IS THURSDAY, MAY 24, 2007 AT 3PM

Respectfully submitted,


Susan A. Barker
Assistant Health Agent