MINUTES
EASTHAM BOARD OF HEALTH MEETING
THURSDAY, JANUARY 21, 2010
3PM
PRESENT: Dr, Lois Roth-Johnson, Pat Lariviere, R.N., Beverly Knox, R.N., B.S., Jane Crowley, M.S., R.S., Health Agent, Susan Barker, Assistant Health Agent, Dr. Stan Holt, Chair-absent, Dr. Jim Taylor-late
Pat Lariviere opened the meeting at 3PM, quorum present.
I. OPENING STATEMENTS
Ms. Crowley updated the Board about H1N1 Clinics. The Town of Eastham has conducted 8 clinics this year, 6 H1N1 clinics, and 2 seasonal clinics. There has been a good response and community effort. The Medical Reserve Corps, AmeriCorps, and Barnstable County Nurses have been a great help. The majority of the clinics have been regional clinics which have proved to be a good way to utilize resources and the vaccine. There is an upcoming clinic on January 27, 2010 at the Orleans Council on Aging which is a combined clinic with the towns of Eastham, Orleans, and Brewster.
II. VARIANCE
1. Thomas & Linda Cimillo 445 Turnip Rd Map-7 Parcel-491
Jason Ellis (J.C. Ellis Design Company, Inc.) submitted a request for extension of variances granted at the February 26, 2009 Board of Health Meeting for the property located at 445 Turnip Rd. The variances granted at that time included:
Variance 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 achieved maximum feasible compliance, the aforementioned variances were approved at the February 26, 2009 meeting 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.
Mr. Ellis stated that the homeowners intend to complete the project within the year.
Beverly Knox made the motion to grant the one year extension.
Dr. Lois Roth-Johnson seconded the motion.
APPROVED 3-0
2. Dorothy Sittard 45 Sparrowhawk Ln Map-5 Parcel-80
Andrew Grover representing Ryder and Wilcox Engineering submitted plans dated December 21, 2009 for the property located at 45 Sparrowhawk Ln requesting variances as listed below for the upgrade of an existing three bedroom dwelling. The variances requested include:
Variances requested under State Environmental Code Title 5
310 CMR 15.211 (1)
1. Soil absorption system to be 5’ ± from a property line where 10’ is required, a 5’ variance is requested.
Finding that the plan achieves maximum feasible compliance, the aforementioned variances were approved with the following conditions:
1. No increase in flow allowed.
2. Deed restriction to 3 bedrooms to be recorded on deed.
3. Well to be tested for VOC and Routine parameters.
4. Any increase in habitable area would require Board of Health review and abutters notification.
5. Plan submitted will include a future well location within setbacks.
Dr. Lois Roth-Johnson made the motion to approve the plan with the five conditions.
Pat Lariviere seconded the motion.
APPROVED 3-0
III. REVIEW
3. Leo and Elaine Klevens 147 Sunset Ave Map-19 Parcel-53
Mr. & Mrs. Klevens requested a building permit to add a dormer to an existing dweilling located at 147 Sunset Ave. This property is serviced by a Title 5 dated 1995 with 2 variances that include two (2) well set back variances, a variance to the top of the coastal bank (45’ provided) and sideline set back reduction for the well to the street. This property is determined to be an environmentally sensitive lot. The system has a capacity for 2 bedrooms. This proposed remodeled dwelling with a full dormer will have 2 bedrooms.
This discussion was tabled to continue at the next Board of Health Meeting so that the option of I/A Technology could be discussed with the homeowners. No vote was taken.
4. C&E Rentals 35 Brittany’s Way Map-5 Parcel-129D
Jason Ellis (J.C. Ellis Design) has submitted a request to reconfigure space in an existing garage/structure. Due to nitrogen loading limits of the lot, this would require use of secondary treatment which has been provided with a recirculating sand filter.
Finding that the applicant has submitted plans with secondary treatment on a nitrogen sensitive lot with no variances the board approved the proposed plan with use of an alternative septic system 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 allowed.
3. Secondary treatment with Recirculating Sand Filter treatment to be added to the system and leach area to be expanded.
4. Recirculating Sand Filter Secondary (RSF) treatment and monitoring under general use approval conditions per DEP regulations including testing quarterly (or 2 times per year for seasonal use) for total nitrogen, BOD, TSS, and effluent nitrate-nitrogen not to exceed 25 mg/L. After 2 years time reduction of testing could be requested to BOH by owner.
5. 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.
6. Deed restriction for 3 bedroom use, 185.4 sq. ft office space, 40.45 sq ft retail space and use of RSF secondary treatment requirement to be recorded on deed.
7. Designer to verify proper operation of the system prior to issuance of Certificate of Compliance.
8. Any increase in habitable square footage would require Board of Health review.
9. Subject to review from Barnstable County Department of Health and Environment.
10. Subject to Planning Board Approval.
Dr. Lois Roth-Johnson made the motion to approve the plan with the ten conditions.
Beverly Knox seconded the motion.
APPROVED 3-0
Dr. James Taylor arrived at 4PM
IV. REQUEST FOR REDUCTION IN TESTING
5. William Ladutko 2705 State Highway Map-15 Parcel-5
FAST System used seasonally. Requests reduction in testing.
Pat Lariviere made the motion to deny the reduction request and require testing for one more year 2 times per year in the months of May and September.
Beverly Knox seconded the motion.
APPROVED 4-0
6. David Watson 1315 Samoset Rd Map-13 Parcel-116
FAST System. Requests reduction in testing.
Pat Lariviere made the motion to accept the reduction request and require testing two times per year in the months of May and September.
Dr. Jim Taylor seconded the motion.
APPROVED 4-0
7. Michael Fontanarosa 1075 State Highway Map-9 Parcel-2
FAST System used seasonally. Requests reduction in testing.
Dr. Jim Taylor made the motion to deny the reduction request stating that there is missing data for the year 2009 that is required to be submitted. Testing is required for two more years two times per year in the months of May and September.
Dr. Lois Roth-Johnson seconded the motion.
APPROVED 4-0
V. I/A CORRESPONDANCE LETTER
8. Robert Meffen 495 Campground Rd Map-7 Parcel-364
There has been communication between Jane Crowley, Health Agent, Robert Meffen, homeowner, and George Heufelder regarding this SeptiTech System. This system was discovered to be one of the SeptiTech systems that was not denitrifying. The system was retrofitted with the proper components. Mr. Heufelder will be communicating with Mr. Meffen regarding the following:
a. Barnstable County Department of Health and Environment agrees to sample the system two times per year in the summer of 2010, in the months of July and August. Exact sampling dates will depend on occupancy.
b. Mr. Meffen is responsible for contacting Mr. Heufelder to advise him when the property will be occupied.
c. The Eastham Board of Health believes it is Mr. Meffens responsibility to ensure that the system is sampled twice in the summer of 2010. Failure to schedule these sampling dates with the Barnstable County Department of Health and Environment will not relieve Mr. Meffen of his requirement for testing.
VI. CORRESPONDANCE/OTHER BUSINESS
9. McShance Construction approached the Board regarding the construction of another unit within Brackett Landing, Unit 7 will be a one bedroom unit. The area in which Unit 7 will be constructed was originally detailed as retail space. As occurs each time when a unit is to be constructed McShance Construction is required to appear before the Board for a update of the project and the total usage of the system. At this time 56 units have been approved for a total of 6,160 GPD of usage. 30 units are occupied at this time.
Dr. James Taylor made the motion to approve the plan for Unit 7 within Brackett Landing.
Beverly Knox seconded the motion.
APPROVED 4-0
10. Jane Crowley discussed the possibility of changing the February 25, 2010 meeting to February 18, 2010. This was discussed and Jane will let everyone know.
VII. MINUTES-DECEMBER 17, 2009
APPROVED
Respectfully Submitted.
Susan A. Barker
Assistant Health Agent
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