MINUTES
EASTHAM BOARD OF HEALTH MEETING
THURSDAY, AUGUST 28, 2008
3 PM
PRESEENT: Dr. Stan Holt, acting Chairman, Beverly Knox, Pat Lariviere,
Dr. James Taylor, Jeanne Morello, Jane Crowley, Health Agent
Dr. Stan Holt as acting Chairman opened the meeting at 3PM.
I. OPENING STATEMENTS
Dr. Stan Holt welcomed new member Jeanne Morello to the Board.
Jane Crowley informed the Board about the upcoming Hazardous Waste Day in the Town of Orleans on September 20, 2008 which Eastham residents are eligible to attend. She informed them of the Hazardous Waste Day which Eastham hosted on July 19, 2008.
The Board was informed of a workshop on Centralized Wastewater Treatment given by the Waquoit Bay National Estuarine Research Reserve, the sessions will be available on DVD if members are interested and not able to attend.
Jane Crowley asked the Board to schedule a workshop to discuss the Eastham Housing Rental Housing Program where issues and ideas will be discussed. Jane informed the Board that other towns are being contacted to understand what other communities are currently doing.
The Board discussed going into Executive Session after the meeting.
Pat Lariviere asked about the Rabies Program, how it had gone this past spring, and if there were any cases of rabies in Eastham. Jane Crowley explained that the goal of the Program was to push the disease back off Cape because it had advanced to as far as Provincetown. The program is done in conjunction with USDA Wildlife and Services and Tufts University who provide the vaccine baits at no charge to the town. AmeriCorps volunteers distribute the baits along with other volunteers. There have not been any confirmed
cases in Eastham this year. There was one exposure to bats but the occupants of the dwelling decided not to seek treatment contrary to public health advice.
II. VARIANCE
1. Wilson Eastham Cottage 165 Harmes Way Map-1 Parcel-103
C/O Jeanne Flaherty
Eric Mitchell of J.C Ellis Design Company presented the plan to request variances for the property located at 165 Harmes Way, which include a 50 ft. reduction of distance to coastal bank from leach area and a 25% reduction in the leach area size. The property is a pre-existing 2 bedroom dwelling with a cesspool south of the property’s driveway which is in groundwater and therefore in failure. The reduction will meet maximum feasible compliance.
The property received Eastham Conservation Commission approval with the following conditions:
- Cesspool removal
- Area to be restored
- If window of planting missed, homeowners will put landscape material to avoid as much soil removal by wind as possible.
Finding that the plan achieves maximum feasible compliance the Board of Health approved the proposed plan with the following 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, and Nitrate (or 2 times per year for seasonal use). After a two year period of time reduction of testing could be requested to BOH by owner. Nitrate-nitrogen not to exceed 19 mg/L.
4. Operation and maintenance agreement to be required for the life of the system. Operator to report results via Carmody Data Base provided through Barnstable County Health Department or directly to the Eastham Health Department if not available.
5. Deed restriction for 2 bedroom use and use of alternative Advantex AX20 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.
Dr. Jim Taylor made the motion to approve with the 8 conditions.
Pat Lariviere seconded the motion.
SO VOTED UNAMIMOUSLY
III. PROVISIONAL USE APPROVAL
2. Tom Boileau 85 Western Ave Map-7 Parcel-38
J.M. O’Reilly presented the plan to request use of a nitrogen reducing septic system under provisional use approval. The septic system will include using Septitech Technology Model M400N to obtain nitrogen credit which will allow the construction of a proposed 4 bedroom dwelling on a 27, 430 sq. ft. lot. No variances are needed. The homeowner is aware of the responsibilities attached to the system.
The Board reviewed the request for the nitrogen reducing septic system and continued the hearing until September 18, 2008 at 3PM to allow the applicant to submit more detailed floor plans of the proposed dwelling.
Pat Lariviere made the motion continue the review until September 18th meeting when the Board will be able to look at the proposed dwellings architectural plans, which will be submitted.
Beverly Knox seconded the motion.
SO VOTED UNANIMOUSLY
IV. REVIEW
3. Harris Family 600 Dyer Prince Rd Map-19 Parcel-43 E,D,A
Mr. David Little of Ryder&Wilcox representing the Harris Family submitted plans for a proposed subdivision plan which results in 7 lots created. The proposed subdivision would be subject to Eastham Board of Health regulations Section XIII: additional amendments to Title 5: Nitrogen Loading Regulations. The plan was a detailed topographical survey showing proposed lots within the subdivision as well as salt marshes surrounding the proposed subdivision and the flood zones. The master well and septic plan shows potential locations for private well locations and land
possible for septic leach areas although no details are provided on this plan.
Mr. Little stated that all of the proposed lots have over 40,000 sq ft of buildable upland, none of the lots exceed 50,000 sq ft of buildable upland.
After reviewing the information the Board urged the consideration of a cluster system with secondary treatment to service this proposed subdivision. The Board of Health Regulations require secondary Innovative Alternative Treatment to reduce Nitrate-Nitrogen to 19 mg/L.
Beverly Knox made the motion to accept the plan with the recommendation to explore the possibility of a shared cluster system.
Jeanne Morello seconded the motion.
SO VOTED UNANIMOUSLY
4. Ann and David Gray 175 Epanow Rd Map-6 Parcel-65
David Gray representing himself requested that the Board accept a partial section of the septic system plan which services his property at 175 Epanow Rd. He asks the Board to accept this section as adequate for meeting the Board of Health regulations which require a plan on file. The section of plan which is on file contains all pertinent information such as design flow, location of well, and septic components.
Jane Crowley stated that the section of the plan available meets minimum requirements to comply with Eastham Board of Health Regulations.
Dr. Jim Taylor made the motion to accept the document as substantial and meets Eastham Board of Health regulations for the requirement of a septic plan on file.
Pat Lariviere seconded the motion.
SO VOTED UNANIMOUSLY
V. APPEAL
5. Kathy Kariotis 145 Ireland Way Map-17 Parcel-47
Mr. Chippee representing the homeowner of 145 Ireland Way is requesting permission to finish the area over an existing garage in order to make an office space. This property came before the Board on April 26, 2007 in order to accept a septic system inspection which showed that the septic system installed was designed for a 3 bedroom septic flow with 4 bedrooms existing in the dwelling. The Board of Health approved the request to accept the inspection report for the existing dwelling with the condition to upgrade the septic
system to a 4 bedroom design at time of failure. At this time no upgrade has been made to this system.
At this time, the request by the homeowner to create an office space above an existing garage which meets the Eastham Board of Health Regulations definition of a bedroom. The proposed use will exceed the capacity of the existing septic system.
The Board voted to deny the appeal request to allow the proposed project as presented.
Dr. Stan Holt made the motion to oppose the request for an additional bedroom above the garage.
Jeanne Morello seconded the motion.
SO VOTED UNANIMOUSLY
VI. OIL TANK CONVERSION
6. Walter and Beth Collins 95 Herringbrook Rd Map-17 Parcel-498
Ms. Collins representing herself and accompanied by realtor Donna Gemborys requested an extension to the Board of Health Regulation requiring the upgrade of an existing 14 year old single wall oil tank. Ms. Collins wishes to convert the property to gas or install a double walled oil tank within the next six months. National Grid is back-logged for new hook up connections which is causing delays to new homeowners.
Dr. Jim Taylor made the motion to approve a period of 6 months to covert the property to gas, or install a double walled oil tank above ground, barring any immediate problems which would require immediate action, or if unable to convert to gas, convert to a double-walled oil tank.
Pat Lariviere seconded the motion.
SO VOTED UNANIMOUSLY
VI. CORRESPONDANCE/OTHER INFORMATION
VII. MINUTES
Minutes-July 31, 2008
Approved
The Meeting was adjourned at 5PM at which time the Eastham Board of Health moved to Executive Session.
Respectfully submitted,
Susan A. Barker
Assistant Health Agent
(Original)
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