MINUTES
BOARD OF HEALTH MEETING
NOVEMBER 20, 2008
3: P.M.
PRESENT: Dr. Stan Holt, Chairman, Beverly Knox, R.N.,B.S.,
Pat Lariviere , R.N., Jeanne Morello, R.N.,M.S.,
Dr. James Taylor, Sue Barker, Assistant Health Agent
(Jane Crowley, M.S.,R.S. Health Agent absent)
Chairman, Dr. Stan Holt opened the meeting at 3: p.m.
OPENING STATEMENTS
Sue Barker the Assistant Health Agent, informed the Board about the rabies baiting program the week of November 3, 2008. It proceeded without any complaints from property owners.
Sue also informed the Board about the flu clinic held at the Council on Aging on November 23, 2008 which was a success with 240 people receiving the flu vaccine.
VARIANCES
McKinley 20 West Road Map-4 Parcel-482
Chris Wickson ( East Cape Engineering) presented plans to upgrade the septic system. The variances requested are as follows:
Reduction requested to Title 5 Regulations:
(Section 15.405: Contents of Local Upgrade Approval)
a) 9'+/- to the 10' required setback for proposed soil absorption system to property line.
b) 1.5'+/-to the 3.0' maximum cover allowed over portion of proposed soil absorption system.
10'+/- to the 100' required setback for proposed soil absorption system to existing well on parcel 481.
28'+/- to the 100' required setback for proposed soil absorption system to existing well
38+/- to the 100' required setback for proposed soil absorption system to existing locus well
18'+/- to the 100' required setback for proposed soil absorptionsystem to future locus well
Reductions requested to Town of Eastham Board of Health Regulations:
10'+/-to the 100' required setback for proposed soil absorption system to existing well on parcel 481.
28'+/-to the 100' required setback for proposed soil absorption system to existing well on parcel 483.
38+/- to the 100' required setback for proposed soil absorption system to existing locus well.
18+/- to the 100' required setback for proposed soil absorption system to the future locus well.
36+/- to the 100' required setback for existing well to existing soil absorption system on parcel 531.
8'+/- to the 100' required setback for existing well to existing leach pit in parcel 532.
20'+/- to the 100' required setback for existing well to existing cesspool on parcel 481.
8'+/- to the 10' required setback for proposed future well to property line.
18'+/- to the 100' required setback for proposed future well to existing soil absorption system on parcel 531.
18+/- to the 100' required setback for proposed future well to proposed future well to proposed locus soil absorption system.
Finding that the plan achieves maximum feasible compliance, the aforementioned variances were approved with the following conditions:
Require existing water supply be tested by certified lab 2 times a year September and June for seasonal use.
No increase in design flow be allowed
Secondary treatment and monitoring under remedial use approval conditions per DEP regulations including testing quarterly for total nitrogen, BOD, TSS. Nitrate . After 2 year period of time reduction of testing could be requested to BOH by owner. Nitrate-nitrogen not to exceed 19mg/l.
Deed restriction for 3 bedroom use and use Advantex AX20 CW Model 3B unit alternative technology requirement to be recorded on deed.
Designer to verify proper operation of the system prior to issuance of Certificate of Compliance.
Storage area shown on lower level to remain unfinished and not to be used as habitable space.
Any increase in habitable square footage would require Board of Health review and notification to abutters.
Operation and maintenance agreement to be submitted to BOH. Operation and maintenance agreement to be required for life of the system. Operator to report results via Carmody Data Base provided through Barnstable County Health or directly to the Eastham Health Department if not available.
Beverly Knox made the motion to approve the plans with the 8 conditions.
Pat Lariviere seconded the motion.
SO VOTED UNANIMOUSLY
(Variances approved by the Board are good for one year. These variances will expire on November 20, 2009.)
Brodeur 18 Nycoma Way Map-10 Parcel-310
Matt Farrell (J. M. O’Reilly Associates) and Mr Brodeur presented plans to upgrade the septic system. The Board requested more detailed information.
Beverly Knox made the motion for a continuance.
Dr. James Taylor seconded the motion
SO VOTED UNANIMOUSLY
AMENDMENT REQUEST
3. Strauss 31 Martha’s Ave Rear Map-10 Parcel-202
Stephanie Sequin representing the applicant (Jessica Strauss) is requesting an amendment from condition #7 “No increase in square footage”which was a listed condition of approval at the Board of Health Meeting held Dec. 29,2005 to be replaced with the following: “ Any increase in square footage without Board of Health Review”. The condition #7 will be replaced with the following “ Any increase in habitable space will require Board of Health review and notification to the abutters”.
The amended condition replaces the previous condition #7 approved at the Board of Health Meeting December 29, 2005 as follows:
No increase in design flow be allowed
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 2 year period of time a reduction of testing could be requested to the Board of Health by the owner.
Deed restriction for 3 bedroom use and Septitech alternative treatment requirement to be recorded on deed.
Designer to verify proper operation of the system to issuance of Certificate of Compliance
5. Subject to Conservation Commission approval
Operation and maintenance agreement to be submitted to EBOH. Operation and maintenance agreement to be required for life of the system. Operator to report via Carmody Data Base provided through Barnstable County Health or directly to the Eastham Health Department if not available.
Any increase in habitable space will require Board of Health review and notification to the abutters.
Well disclaimer form to be signed by owner.
Dr. Taylor made the motion to approve the amend condition #7. The motion included approval for proposed renovations / expansion as shown on the plan dated 6/26/2008 ABA Architects.
Jeanne Morello seconded the motion.
SO VOTED UNANIMOUSLY
(Please note due to a typographical error in the Board of Health October 23, 2008 Minutes, the amended condition #6 was recorded as the condition to be amended.)
REQUEST EXTENSION OF VARIANCES
Robinson 18 Asparagus Lane Map-19 Parcel-36
Jared E. West ( RafterCraft LLC Building & Remodeling) representing
Mr. & Mrs. Robinson requested an extension of Title 5 variances per plan by Ryder/Wilcox Engineering, which will expire December 27, 2008. This plan includes secondary treatment with an Advantex AX20 Unit . The Health Agent recommended approval with the condition of no modification of the original plan.
Jeanne Morello made the motion to approve the extension with the condition of no modification of the original plan and the extension to expire June 30, 2009.
Dr James Taylor seconded the motion.
SO VOTED UNANIMOUSLY
REQUEST REDUCTION OF TESTING
Peterson 8 Gile Road Map-7 Parcel 528
WITHDRAWN
Boileau 85 Western Ave Map-7 Parcel-38
Mr. Boileau requested a reduction in testing for a system to be installed.
Pat Lariviere made the motion to deny the request until the system has been installed.
Jeanne Morello seconded the motion.
SO VOTED UNANIMOUSLY
CORRESPONDENCE / OTHER INFORMATION
There had been a complaint about garbage at 200 Pine Woods Road. A letter was sent to the owners and the situation was quicky cleaned up.
A letter was sent informing Ms. Koenig the owner of the property at 30 Bay Shore Road, that the septic system servicing the property may not be functioning properly. Wastewater Technologies Inc., who are responsible for the operation and maintenance of the septic system was notified of the issue when Ms. Koenig could not be reached and did not respond to the notification sent to her. As of the date of the Board of Health Meeting, Wastewater Technologies Inc. had been out to the property to service the system three times, and had no contact with Ms. Koenig.
Upon compliant of a possible food borne illness, a product known as Pumpkin Spice Swirl was embargoed from the local Dunkin Donuts store. The compliant involved two teenage girls who experienced nausea, vomiting, and lightheadedness. Samples of the product consumed by subject was available and were sent to the Massachusetts Department of Public Health laboratory for sample analysis. Test results showed no harmful substances were detected in the sample or the control sample.
Mr. Brian Eastman the owner of the Village General Store submitted a letter requesting a hearing regarding tobacco non-compliance. This hearing will be held at the next Board of Health Meeting Thursday, December 18, 2008 at
3: p.m.
MINUTES - October 23, 2008 APPROVED
The meeting was adjourned at 5:p.m.
Respectfully submitted,
Janice M. Shea
Health Clerk
(ORIGINAL)
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