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Board of Health Minutes 12/18/2008
MINUTES
EASTHAM  BOARD OF HEALTH
THURSDAY, DECEMBER 18, 2008
3:P.M.

PRESENT:         Dr. James Taylor, Beverly Knox  R.N.,  B.S.,
                         Pat Lariviere R.N., Jeanne Morello R.N., M.S.,
                         Jane Crowley M.S.,R.S., Health Agent
                         Sue Barker,  Assistant Health Agent
                        ( Dr. Stan Holt absent)

Dr.Taylor, Co - Chairman opened the meeting at 3: 05 p.m.



OPENING STATEMENTS:
       
        Jane Crowley informed the Board about the following:
1.      Rabies funding has been eliminated for the year 2009.


Revised article for Town water proposed , most  recently WRAB/WWMC   met with Orleans Water Department officials to discuss regional options.
Pleasant Bay Alliance Meeting-discuss Orleans sewer options.  
Progress on 1st draft waste water plan expected the first of January.
Continued efforts on development rental inspection program
Alternative Carmody  program needs additional funding considering possible “Operator fee” paid to the county.

Howard Sandler representing the Planning Board requested that the Board of Health
the Building Inspector and the Planning Board meet to discuss the definition of bedrooms, occupiable  space and habitable space.
Board of Health regulations (local, DPH, DEP),zoning bylaws and state building code.
It was decided that the meeting would be held Wednesday January 14, 2009 at 1:p.m. in the Town Hall.



II.     APPEAL OF TOBACCO  NON- COMPLIANCE:



        Village Green General Store     50 Brackett Rd.    Map-8    Parcel-163A



Mr. Eastman owner of the Village Green General Store  appealed to the Board  for a reduction of the fine for the Tobacco Non Compliance Violation. The Board reduced the fine from $200.00 to $50.00 to be paid to the Town of Eastham. The Board noted that the sale of tobacco to a minor is a serious offense. A third violation will result in a $500.00 fine.     



VARIANCES:



David Abbott    45 Surrey Drive         Map-12   Parcel-161

Chris Wickson (East Cape Engineering)presented the plans to upgrade the septic system.  The variances requested include:
       
        Reduction Under Title 5 Regulations
(Section 15.405: Contents of Local Upgrade Approval)


a)      5'+/-to the 10' required setback for proposed soil absorption system to property line


7'+/-to the 20' required setback for proposed soil absorption system to foundation wall

       Finding that the plan achieves maximum feasible compliance, the aforementioned variances were approved with the following conditions:


No increase in flow allowed
Deed restriction for 3 bedrooms
Any increase in habitable space will require Board of Health review.
Jeanne Morello made the motion to approve the plan with the 3 conditions.
Pat Lariviere seconded the motion.
SO VOTED UNANIMOUSLY



Thomas & Susan Nally            169 Sunset Ave  Map-19  Parcel-52

        Stephanie Sequin (Ryder/Wilcox)  presented plans to upgrade the septic system
        The variances requested include
        Variances to-State environmental code Title 5, 310 CMR 15.211 (1):



Soil Absorption System to be 18' from crawl space (2' variance)
Distribution Box to be 8' from property line (2' variance)

Finding that the plan achievers maximum feasible compliance , the aforementioned variances were approved with the following conditions:


No increase to flow allowed
Deed restriction to 3 bedrooms
Proposed well to be tested for routine and VOC parameters
Any increase in habitable space will require Board of Health review.
Pat Lariviere made the motion to approved the plan with the 4 conditions.
Beverly Knox seconded  the motion.
SO VOTED UNANIMOUS



CONTINUANCE



Raymond Brodeur         18 Nycoma Way           Map-10     Parcel-318

Matt Farrell submitted revised plans with pressure dosing, which the Board had requested at the Thursday November 20, 2008 meeting.


  The following variances are being requested:

     Local Upgrade Approvals: 310 CMR 15.00 & Eastham Board of Health              Regulations
     Soil Absorption System (SAS):
1.)     SAS not 100' from well on parcel 318 (locus)
        79' Held            21' Variance Requested


2.)     SAS not 100' from well on parcel 366
        81' Held            19' Variance Requested
3.)     SAS not 100' from well on parcel 367
        75' Held             25' Variance Requested

Finding that the plan achieves maximum feasible compliance, the aforementioned variances were approved with the following conditions:


Routine water quality test results be provided of existing well location to   assure potability
2.       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(or 2 times per year for seasonal use).  After 2 years period of time reduction of testing  could be requested to BOH by the owner.  Nitrate -nitrogen not to exceed 19 mg/ l.


Operation and maintenance agreement to be submitted to Eastham Board of Health.  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.


Deed restriction for 3 bedroom use and use of Bioclere 16 Series unit alternative technology requirement to be recorded on deed.


Designer to verify proper operation of the system prior to issuance of Certificate of Compliance.


Any increase in habitable square footage would require Board of Health review.
Pressure dosing approved as per revised plan dated 12-18-2008.
Beverly Knox made the motion to approve the revised plans with the 8 conditions.
Pat Lariviere seconded the motion.
SO VOTED UNANIMOUSLY



REVIEW FOR RENTAL PERMIT-OCCUPANCY        DETERMINATION



Robert Salva    20 Beach Road           Map-19   Parcel-28

The Board continued this hearing for a determination of occupancy limit for  a rental renewal permit at their meeting January 29, 2009. The Board requested that Mr. Salva or someone representing him be present at the meeting.




CORRESPONDENCE/OTHER INFORMATION
        The Board signed the 2009 licenses  for the following:


Food Establishments.
Refuse Haulers
Septic Installers
Septic Haulers
Swimming Pools-Whirlpools
Milk and Cream
Manufacture Ice Cream
Tobacco
Motels - Campgrounds - Inn

The meeting was adjourned at 4:20 p.m.

Respectfully submitted,

Janice M. Shea                  (ORIGINAL)
Eastham Health Clerk