MINUTES
EASTHAM BOARD OF HEALTH MEETING
THURSDAY, JUNE 24, 2010
3PM
PRESENT: Dr. James Tayklor, Chairman, Pat Lariviere, R.N., Co-Chairman, Dr. Lois Roth-Johnson, Beverly Knox, R.N., B.S., Jane Crowley, M.S., R.S., Eastham Health Agent, Susan Barker, Assistant Health Agent
I. OPENING STATEMENTS
Jane Crowley, Health Agent updated the Board on the following:
1. Environmental Partners update, well drilling and ongoing efforts with the Town of Orleans. Meeting on June 21, 2010, Dr. Roth-Johnson and some members of the Wastewater Management Committee were also present.
2. Sterns & Wheeler update regarding newsletter mailed to residents, a presentation is scheduled for August 2, 2010 at 5pm.
3. Hazardous Waste Day July 17, 2010 from 9am-12pm at the Eastham DPW for Eastham and Orleans residents.
4. Changes to Open Meeting Law meeting being held in Wellfleet on June 30, 2010.
5. Jane attended a Rabies Task Force meeting this week. She is going to try to get a copy of the USDA presentation that was presented at that meeting. Discussed at the meeting was that approximately 30% of wildlife is immunized, an increase of surveillance was discussed as well as a need to focus more on the mid cape area.
II. VARIANCES
1. John & Deborah Seliga 6 Penny Ln Map-10 Parcel-299
Jason Ellis of J.C. Ellis Design submitted a plan with requests for variances to relocate the well and keep the existing leach area. This is an environmentally sensitive lot due to the size of the lot. The variances requested are:
310 CMR 15.029
1. 9’ from proposed well to existing SAS (parcel 300)
2. 14’ from proposed well to existing SAS (parcel 306)
3. 5’ from proposed well to existing SAS (locus)
4. 9’ from proposed well to existing SAS (parcel 305)
Eastham Board of Health Regulations
5. 5’ from proposed well to lot line (parcel 305)
6. 5’ from proposed well to lot line (parcel 300)
The Eastham Board of Health denied the plan submitted, recommending that a plan be resubmitted with the use of alternative technology, and redesign and relocation of the leach area.
Dr. Taylor made the motion to deny the plan as proposed.
Dr. Lois Roth-Johnson seconded the motion.
SO VOTED UNANIMOUSLY
Dr. Lois Roth-Johnson made the motion to reconsider the motion to deny the plan, and made the motion to continue to the July 22, 2010 meeting.
Dr. Taylor seconded the motion.
SO VOTED UNANIMOUSLY
2. Nancy Wahl 25 Bay Rd Map-7A Parcel-16A
Jason Ellis of J.C. Ellis Design submitted a plan with requests for variances. The lot is defined as environmentally sensitive due to size of the lot. The variances requested are:
310 CMR 15.211
1. 14’ from proposed SAS to well (parcel 17)
2. 3’ from proposed SAS to well (locus)
3. 8’ from proposed SAS to lot line (parcel 34)
4. 7’ from proposed SAS to lot line (parcel 17)
5. 10’ from proposed SAS to foundation wall (parcel 17)
6. 6’ from proposed SAS to foundation wall (locus)
7. 4’ from proposed septic tank to lot line (parcel 17)
310 CMR 15.240
8. 19% reduction in size of SAS
310 CMR 15.248
9. No reserve area provided
Eastham Board of Health Regulations
10. 21’ from proposed well to road layout
11. 6’ from proposed well to lot line (parcel 16B)
Mr. Ed Jordan of 15 Bay Rd, abutter, made a comment regarding a cesspool owned by Ms. Wahl which is on his property. Mr. Ellis stated that he had inspected the plumbing in the basement and all is connected to the existing cesspool on Ms. Wahl’s property, nothing flows to a cesspool anywhere else. Dr. Roth-Johnson stated that if there is an abandoned cesspool on the property somewhere it should be properly removed as it is a safety issue, but it is not a Board of Health issue on who is responsible for it.
Finding that the plan achieves maximum feasible compliance, the aforementioned variances were approved with the following conditions:
1. Routine water quality test results to 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, Nitrate nitrogen not to exceed 19 mg/L (or 2 times per year for seasonal use). After 2 year period of time reduction of testing could be requested to BOH by owner.
4. Operation and maintenance agreement to be submitted to Eastham Board of Health. Operation and maintenance agreement to be required for life of the system.
5. Deed restriction for 3 bedroom use and use of Advantex AX20 alternative technology requirement to be recorded on deed.
6. Designer to verify proper operation of the system prior to the issuance of Certificate of Compliance.
7. Any increase in habitable square footage would require Board of Health review and abutter notification.
8. Location of the vent to be shown on the plan. Consider noise reduction to mitigate noise. Vent to be fitted with carbon filter to mitigate odor.
9. Future well to be installed when existing well fails.
Dr. Roth-Johnson made a motion to accept the plan with the nine conditions.
Pat Lariviere seconded the motion.
SO VOTED UNANIMOUSLY
3. William & Elizabeth Hurley 120 Huckleberry Ln Map-7 Parcel-346
720 Shurtleff Rd Map-7 Parcel-326
Jason Ellis of J.C. Ellis Design submitted a plan with requests for variances. Both lots are determined to be environmentally sensitive due to distance to groundwater and size of the lots. The variances requested are:
310 CMR 15.211
1. 7’ from proposed SAS to foundation wall (120 Huckleberry Ln)
310 CMR 15.248
2. No reserve area provided
Pat Lariviere made the motion to continue the project to the July 22, 2010 meeting so that further information could be brought to the Board of Health to make a decision.
Dr. Roth-Johnson seconded the motion.
SO VOTED UNANIMOUSLY
III REQUEST FOR EXTENSION OF VARIANCES
4. Gregg Healey 365 Harmes Way Map-1 Parcel-111
Mr. Healey of 365 Harmes Way has requested an extension of variances originally granted on June 29, 2006.
Dr. Taylor stated that application has expired and that the applicant should be notified that reapplication is required.
IV. REQUEST FOR REDUCTION IN TESTING
5. Edward Pighetti 1105 Kingsbury Bch Rd Map-10 Parcel-303
Mr. Pighetti has requested to test the Microfast 0.5 alternative technology system two times per year. Property is used seasonally.
Dr. Roth-Johnson made the motion to approved the request the test two times per year in the months of June and September.
Pat Lariviere seconded the motion.
SO VOTED UNANIMOUSLY
V. BOARD OF HEALTH CORRESPONDANCE
6. Request for extension of occupancy in rental property located at 50 Lombard Ln Map-15 Parcel-156
Ms. Brink-Murphy of Beach Road Vacations has requested an extension of the occupancy limit which is set at 6 persons to allow for 7 persons the week of July 17 thru July 24, 2010.
Dr. Roth-Johnson made a motion to allow for a 7 person occupancy for the week of July 17 thru July 24, 2010.
Pat Lariviere seconded the motion.
SO VOTED UNANIMOUSLY
Mr. John Knight, selectman, introduced himself to the board. He will be acting as the board’s selectman liaison.
Dr. Taylor suggested discussing shared systems, environmentally sensitive properties, and summer rentals at the next Board of Health Workshop, scheduled for July 13, 2010 at 10:30am.
VI. MINUTES
April 29, 2010-APPROVED
May 19, 2010-APPROVED
May 27, 2010-APPROVED
Meeting adjourned at 4:35pm.
Respectfully Submitted,
Susan A. Barker
Assistant Health Agent
(ORIGINAL)
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