MINUTES
EASTHAM BOARD OF HEALTH
THURSDAY, FEBRUARY 26, 2009
3PM
PRESENT: Dr. James Taylor, Beverly Knox, R.N., Pat Lariviere, R.N., Jane Crowley, Health Agent, (Dr. Stan Holt, Jeanne Morello, R.N.-absent)
Dr. James Taylor, Co-Chair opened the meeting at 3PM
I. OPENING STATEMENTS
Jane Crowley gave a monthly update.
A summary of Interim Needs Assessment and Screening Analysis Report of the Wastewater Management and Disposal Plan project was given to the Board of Selectmen. Highlighted functions and summaries from initial report. The final report will be in Television format for the public to view. At the next Board of Health meeting on March 26th, Sterns & Wheeler will present the Draft Report for comment.
Sue Rask, Barnstable County Department of Health and the Environment discussed the Barnstable Carmody Database which is supported by county staff. A detailed description of the program and how it has developed into the current online database was given. Ms. Rask asked for support and backing of this Carmody Database program because the program is at a juncture due to funding which will expire in July 2009. Options were discussed with local Health Agents on how to fund this program. An agreement was made that the best option was to create a User Fee to use the Carmody
Database. This fee would be paid by the operator of the systems which are serviced. Sue Rask asked for a letter of support in favor of a user fee. The Board agreed to sign said letter.
SO VOTED UNANIMOUSLY 3-0
II. VARIANCES
1. Joan Pemberton 50 Hide Away Lane Map-7A Parcel-21
Eagle Surveying, Inc. presented plans to upgrade the septic system. The variances requested include:
Variance Requested under Title V Regulations:
(310 CMR 15.211: Minimum Setback Distances)
1. 24’ from proposed well to existing soil absorption system where 100’ is required, 76’ provided, 24’ variance is requested from:
- Map 7A Parcel 22
- Map 7A Parcel 20
- Map 7A Parcel 8
(310 CMR 15.260: Tight Tanks)
2. Approval of the Board of Health is required for the use of a tight tank as a remedial upgrade of a failed system.
Variance Requested under Town of Eastham Board of Health Regulations:
3. 10’ is required between a well and a property line. 1’ is proposed. A 9’ variance is requested.
4. 25’ is required between a well and a roadway. 14’ is proposed. An 11’ variance is requested.
Finding that the plan achieves maximum feasible compliance, the aforementioned variances were approved with the following conditions:
1. Routine water and VOC quality test results be provided of proposed well location to assure potability.
2. No increase in design flow be allowed.
3. Deed restriction for 2 bedroom use, requirement of tight tank, and when sewering system becomes available, connection shall be required, to be recorded on deed.
4. Deed well easement for drinking water supply to be signed by owner.
5. Recommended pumping maintenance agreement to be submitted yearly to BOH.
6. No additional increase in habitable space without notification to abutters and BOH review.
7. Tight tank to be inspected every three months per DEP Regulations.
Beverly Knox made the motion to approve the plan with the 7 conditions. Pat Lariviere seconded the motion.
SO VOTED UNANIMOUSLY 3-0
2. Thomas & Linda Cimillo 445 Turnip Rd Map-7 Parcel-491
Jason Ellis (J.C. Ellis Design) present the plan to upgrade the septic system. The variances requested include:
Variances Requested under Title V Regulations:
(310 CMR 15.029)
1. 13’ from proposed well to existing soil absorption system where 100’ is required, 87’ provided, 13’ variance is requested from Map 7 Parcel 449.
2. 8’ from proposed well to existing soil absorption system where 100’ is required, 92’ provided, 8’ variance is requested from Map 7 Parcel 492.
(310 CMR 15.203)
3. 25% reduction in size of soil absorption system.
(310 CMR 15.248)
4. No reserve area provided.
Variances Requested under Town of Eastham Board of Health Regulations
5. 20’ from proposed well to road layout (Turnip Rd) where 25’ is required, 5’ provided, 20’ variance is requested.
6. 20’ from proposed well to road layout (Way) where 25’ is required, 5’ provided, 20’ variance is requested.
7. 43’ from proposed soil absorption system to the top of a coastal bank where 100’ is required, 57’ provided, 42’ variance is requested.
Finding that the plan achieves maximum feasible compliance, the aforementioned variances were approved with the following conditions.
1. Routine and VOC water quality test results be provided of proposed well location to assure potability.
2. No increase in design flow be allowed.
3. Secondary treatment and monitoring under remedial use approval conditions per DEP regulations including testing quarterly for total nitrogen, BOD, TSS, Nitrate-Nitrogen (or 2 times per year for seasonal use). After this 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 submitted to EBOH. Operation and maintenance to be required for the 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.
5. Deed restriction for 3 bedroom use and use of alternative 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 of habitable square footage would require Board of Health review and notification to abutters.
Pat Lariviere made the motion to approve the plan with the 8 conditions.
Beverly Knox seconded the motion.
SO VOTED UNANIMOUSLY 3-0
III. REVIEW
3. Wendy & Galileo Bonfini 2265 State Highway Map-15 Parcel-95B
Galileo Bonfini requested a building permit to finish a room above an existing garage to be used as an office. The space is currently unfinished. The property has an existing Title V septic system that has a capacity for 5 bedrooms which was installed in 1989. The existing dwelling has 4 bedrooms and a lot size of 30,839 sq ft.
Unfinished area above the garage would meet Town of Eastham Board of Health definition of a bedroom should the area be finished. Since the property is limited to the existing 4 bedrooms and a lot size of 30,839 sq ft this would increase the flow to the existing system.
Discussion between Mr. Bonfini and the Board detailed the possibility of a deed restriction for 4 bedroom to be filed. The applicant requested a continuance to consider his options.
The Board UNANIMOUSLY VOTED to continue this review to the March 26th, 2009 meeting.
IV. APPEAL
4. Marie Romagnano 5 Leland Rd Map-10 Parcel-28
A housing inspection of this property was conducted on 2/5/09 for the purposes of determining the number of bedrooms within the dwelling to determine the occupancy limit. It was determined that the occupancy would be for 11 persons. The property was listed on a web based rental website detailing 7 bedrooms and an occupancy of 22 persons. The property is serviced by an onsite cesspool. The owner requested an appeal of the Health Agents decision to limit the occupancy to 11 persons.
Attorney Ben Zhender representing Marie Romagnano requested that she be allowed to rent the property for more than the occupancy limit determined at the time of the inspection for the summer 2009 season as reservations for the property have already been made. Mr. Zhender stated that Marie Romagnano has spoken with local engineering company East Cape Engineering and a preliminary plan was presented at the time of the meeting which would not require variances. The offer was stated that the 6 bedroom
septic system could be installed by June 2009 before the first renters arrived. The property is booked for the entire summer with the exception of the week of July 17th. The property is rented to between 12 and 14 people. In 2008 the Rental Permit obtained by the owner stated the allowable occupancy for 10 persons.
Lillian Lamperty, Town Clerk present at the meeting made a comment that if the Board allowed this request it would open the door for future issues.
A possible fine was discussed as allowed in the regulations.
The Board agreed to stay the enforcement of 11 person maximum occupancy for the 2009 summer season based on the following conditions:
1. The week of July 17th will not be allowed to be rented to more than 11people. (The week not currently under agreement.)
2. The property will be an 11 person occupancy in future years.
3. Title V for 6 bedroom dwelling to be installed by June 30, 2009-before property is rented for the season.
4. Increased bedroom size would require EBOH approval to increase occupancy.
5. Attorney Ben Zhender required to submit proof of existing contracts in place prior to February 26, 2009 Board of Health Meeting.
Dr. James Taylor made the motion to approve the appeal based on the 4 conditions.
Beverly Knox seconded the motion.
SO VOTED UNANIMOUSLY 3-0
5. Robert Salva 20 Beach Rd Map-19 Parcel-28A
Continued from January meeting. Mr. Salva has requested a review of his rental permit application. For the 2008 season he was grandfathered for a 6 person occupancy. The dwelling has 3 bedrooms with a 3 bedroom septic system, however two of the bedrooms were not of sufficient size to house more than one person in each. Which would bring the occupancy of the dwelling down to 4 persons. Mr. Salva requests that he be allowed to rent the property to 6 people, as this was what the rental permit stated prior to his purchase of the property
in 2007. The property has a rental history of 6 persons. Mr. Salva could not extend the size of the dwelling to make rooms larger due to zoning restraints. The property has a wrap-around deck, each bedroom has egress to outside through sliding doors. The owner stated he be allowed a variance under conditions in 105 CMR 410.480 creating a condition of manifest injustice.
Assistant Town Clerk, Sue Fischer, was in attendance at this meeting and commented that there is concern for the future and wonders how laws will be enforced.
Jane Crowley quoted 105 CMR 410.840, Variances, which details that local Boards may vary the application of 105 CMR 410.000 “with respect to any particular case when, in its opinion, the enforcement thereof would create a manifest injustice.” And the variance is not in conflict with the spirit of the regulation.
Dr. James Taylor made the motion to approve the request for 6 person occupancy for the property located at 20 Beach Rd.
Pat Lariviere seconded the motion.
SO VOTED: 2 YES 1 NO
V. CORRESPONDENCE/OTHER BUSINESS
6. UPDATE 130 Glacier Hills Rd
Jane Crowley updated the Board 130 Glacier Hills Rd which was discussed at the January 2009 meeting. Jason Ellis of J.C. Ellis Design submitted a Septic System As Built plan which shows locations of components and design calculations for an existing system. Jane pointed out that the leach pit shown on the plan is on the property line, which suggests the possibility that the system was never properly permitted. If a permit had been obtained variances to the side line setback requirements would have been necessary at that time. This also highlights the importance of the
Boards requirement for a septic plan to be on file.
The Board agreed that the septic as-built plan submitted not does meet therequirement for a plan to be on file at the time of transfer but is adequate for the addition of habitable space as requested for the proposed project. At the time of transfer or failure of the septic system, upgrade would be required.
Pat Lariviere made the motion.
Beverly Knox seconded the motion.
SO VOTED UNANIMOUSLY
7. BOH Workshop March 2, 2009 at 9AM.
Materials will be mailed to members in advance, including regaulations from other towns.
VI. REDUCTION REQUEST
8. Peter & Arlene Coy 1120 Kingsbury Beach Rd Map-10 Parcel-367
Singular System used seasonally. Requests testing 2x per year for BOD, TSS, TN, Nitrate-Nitrogen not to exceed 19 mg/L.
Pat Lariviere made the motion to reduce the testing to two times per year in the months of May and September.
Beverly Knox seconded the motion.
SO VOTED UNANIMOUSLY 3-0
The meeting was adjourned at 5:15PM (ORIGINAL)
Respectfully submitted,
Susan A. Barker
Assistant Health Agent
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