MINUTES
BOARD OF HEALTH MEETING
THURSDAY, July 22, 2010
PRESENT: Dr. James Taylor, Chairman, Pat Laiviere, R.N., Vice-Chairman
Beverly Knox R.N.,B.S., Dr. Lois Roth-Johnson,
Jane Crowley, M.S., R.S. Eastham Health Agent
Susan Barker, Assistant Health Agent
Dr. Taylor, Chairman opened the meeting at 3:00 p.m.
OPENING STATEMENTS:
Jane gave the monthly updates:
July 17, 2010 the Eastham & Orleans Household Hazardous Products collection was held at the DPW/Natural Resources -555 Old Orchard Road, Eastham. The collection took place between 9:00am -noon it was very successful, the exact collection number not yet available. September 18, 2010 the Hazardous Waste Day will be held in Orleans DPW/Highway Garage - 22 Bay Ridge Lane, Orleans, MA.02653 for residents of Eastham and Orleans.
Sue Barker has mailed water vials to the Eastham residents to test for nitrates. Samples may be return to the Eastham Town Hall, the Eastham Public Library or Department of Public Works/Natural Resource Dept.
At this time there has been no beach closures.
Site visit with Environmental Partners and selectmen Wally Adams and John Knight to review wells in Eastham.
VARIANCES
1. Estate of Marianne Simmel 225 Sparrow Road Map-4 Parcel-190
Chris Wickson (East Cape Engineering) submitted plans to upgrade the septic system
The variance 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.
Reduction under Town of Eastham Board of Health Regulations:
(Section 1)
1. 12'+/- to the 50' required setback for proposed septic tank to top of coastal bank.
2. 23'+/- to the 100' required setback for proposed soil absorption system to the top of coastal bank.
Finding that the plan achieves maximum feasible compliance the Board of Health approved the plan with following conditions:
1. No increase in flow be allowed.
2. Deed restriction to 3 bedrooms.
3. Well to be tested for VOC and Routine parameters.
4. No increase in habitable space without abutter notification and BOH approval.
5. Require pressure dosing to be added to the system.
6. Require Conservation Commission approval.
Dr. Lois Roth-Johnson made the motion to approve the plan with the 6 conditions.
Pat Lariviere seconded the motion.
SO VOTED UNANIMOUSLY
2. Judy Bersin (Ryder/Wilcox Engineering) presented revised plans providing Advantex AX20 Mode 3B alternative technology. At the May 27, 2010 meeting the Board recommended that an I/A system be installed in order to grant the following variance:
Town of Eastham Board of Health Regulations:
1. Septic Systems - Title 5,C6. Septage Disposal Regulations.
2. The proposed SAS shall be located 85 feet from a vegetated wetland (15 foot variance)
Finding that the revised plan achieves maximum feasible compliance the proposed plan was approved with the following conditions:
1. No increase in design flow be allowed
2. Secondary treatment Advantex AX20 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). Effluent nitrate-nitrogen not to exceed 19mg/1.
3. Operation and maintenance agreement to be submitted to Eastham Board of Health.
4. 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.
5. Deed restriction for 4 bedroom use and use Advantex AX 20 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. Any increase in habitable square footage would require Board of Health review and abutter notification.
8. Subject to Conservation Commission approval.
Pat Lariviere made the motion to approve the revised plans with the 7 conditions.
Beverly Knox seconded the motion.
S0 VOTED UNANIMOUSLY
VARIANCE CONTINUED
3. John & Deborah Seliga 6 Penny Lane Map-10 Parcel-299
Jason Ellis (J.C.Design) submitted revised plans which includes alternative technology
using Advantex AX20 treatment.
The variances include :
310 CMR 15.029
1. 9' from proposed well to existing S.A.S. (PCL.300)
2. 14' from proposed well to S.A.S. (PCL.306)
3. 9' from proposed well to S.A.S. (PCL. 305)
310 CMR 15.211
4. 11' from proposed well to proposed S.A.S.
5. 13' from existing well to proposed S.A.S. (PLC.300)
6. 8' from proposed S.A.S. to lot line (Road)
7. 8' from proposed S.A.S. to lot line (PLC.)
8. 14' from proposed S.A.S. to foundation (Locus)
9. 4' from proposed septic tank to foundation (Locus)
310 CMR 15.248
10. No reserve area provided
Eastham BOH Regulation
11. 6' from proposed well to lot line (PLC. 305)
12. 5' from proposed well to lot line (PLC. 300)
Finding that the plan achieves maximum feasible compliance for a 5, 800 sq. ft lot in a environmentally sensitive area with secondary treatment the Board of Health approved the plan with the following conditions:
1. VOC and routine water quality test results be provided of proposed well location to assure potability
2. No increase in design flow be allowed
3. Secondary treatment Advantex AX20 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). Effluent nitrate-nitrogen not to exceed 19mg/1.
4. Operation and maintenance agreement to be submitted to Eastham Board of Health.
5. Operation and maintenance agreement to be required for life of the system. Operator to report results via Carmody Data Base provided through Barnstable CountyHealth or directly to the Eastham Health Department if not available.
6. Deed restriction for 2 bedroom use and use Advantex AX 20 alternative technology 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 and abutter notification.
Pat Larviviere made the motion to approve the plan with the 7 conditions.
Beverly Knox seconded the motion
S0 VOTED UNANIMOUSLY
APPEALS
4. Caroline Pooler & Elihu Rosan 90 Bosan Ave. Map-8 Parcel-332
The Board considered the appeal to the occupancy limit for rental of this property. June 29, 2010 a rental inspection was conducted per 105 CMR 410.400 of the Minimum Standards of Fitness for Human Habitation, State Code, Chapter II . The minimum square footage for a room used for sleeping purposes by 2 persons is 100 square feet.
The measurements were as follows:
Bedroom #1 = 99 sq. ft.-1 person occupancy
Bedroom #2 = 72.9 sq. ft.-1 person occupancy
Bedroom #3 * 72.9 sq.ft.- 1 person occcupancy- *Bedroom 3 was not measured at the time of inspection, person sleeping in bedroom, home owner stated that the bedroom was approximately the same size as bedroom #2.
A certificate for rental was issued for three person occupancy.(6/29/2010)
The appeal to rent to 6 people was continued until August 26, 2010. The Board recommends that the owners or a representative come before the Board to explain the appeal for 6 person occupancy. The Board stated that no new rental agreement for 6 persons be allowed, until the appeal is discussed. The Board requests any existing contracts for rentals already in place be submitted for this rental season.
Dr. Lois Roth-Johnson made the motion to continue this appeal until August 26, 2010.
Pat Lariviere seconded the motion.
S0 VOTED UNANIMOUSLY
5. Sue Benton 118 Bay Road Map-7 Parcel-527
Benjamin Zehnder, Esq. requested the Board to determine whether the Benton property is lawfully a three bedroom property under Massachusetts “Title5" and Eastham Board of Health regulations. A deed restriction for 3 bedroom was recorded at the Barnstable County Registry of Deeds 5/25/ 2005 for 3 bedrooms. The Eastham Board of Health considers the existing dwelling to contain 3 bedrooms for the purpose of the septic system design per 310CMR 15.211 and local EBOH regulations. The Board recommended that this property should continue with the deed status and any changes in habitable space would require BOH review.
Beverly Knox made the motion to approve that this property is lawfully a three bedroom according to the deed recorded 5/25/2005 in Barnstable County Registry of Deeds.
Pat Lariviere seconded the motion.
S0 VOTED UNANIMOUSLY
6. Jacquelin Petrouski 95 Carlton Way Map-7 Parcel-156
The Board of Health considered the appeal to continue to rent this dwelling with an occupancy of 6 people. A rental inspection was conducted on the property on June 14, 2010, at this time the occupancy was determined by the Eastham Health Department to be 5 persons.
The bedroom measurements were as follows:
Bedroom #1 99 sq. ft.= 1 person occupancy
Bedroom #2 100 sq. ft = 2 person occupancy
Bedroom #3 122 sq. ft.= 2 person occupancy
Beverly Knox made the motion to approve the appeal to continue to rent the dwelling for 6 people.
Dr. Lois Roth-Johnson seconded the motion.
S0 VOTED UNANIMOUSLY
REVIEW
7. Patricia & Timothy Daley 39 Cranberry Lane Map-13 Parcel-60
Mr Michael Smith a builder submitted plans for this property to create a 10 x 21 sunroom addition open to existing livingroom. The plan includes relocating the existing outside shower to rear deck and create a rooftop observation deck. the proposed project will not result in any increased number of bedrooms.
Beverly Knox made the motion to approve the submitted plans.
Pat Lariviere seconded the motion.
S0 VOTED UNANIMOUSLY
REDUCE TESTING
8. Luke Nowack 230 Epanow Road Map-6 Parcel-72
Mr. Stockford (Certified Wastewater Operator) submitted a request for Mr. Nowack
to reduce effluent testing requirements of the Fast Treatment Unit to semiannually.
Pat Lariviere made the motion to approve the request, testing to be required in the months of June and September.
Beverly Knox seconded the motion
S0 VOTED UNANIMOUSLY
PROVISIONAL USE
9. Pine Tree Builders 950 Old Orchard Road Map-8 Parcel-19A
Mr. Lajoie submitted the plans for a new lot subject to regulation Section XIII B (c) which requires use of nitrogen reducing technology. The plan submitted includes secondary treatment with an Orenco Advantex AX20 treatment unit under provisional use approval.
Finding that the applicant has submitted plans with secondary treatment the Board approve the plan pending successful submission of design details with the following conditions:
1. Routine water and VOC quality test results be provided of prpsed well location to assure potability.
2. No increase in design flow be allowed
3. Secondary treatment Advantex AX20 and monitoring under provisional use approval conditions per DEP regulations including testing quarterly for total nitrogen, BOD, TSS, Nitrate (or 2 times per year for seasonal use). Effluent nitrate-nitrogen not to exceed 19mg/1.
4. Operation and maintenance agreement to be submitted to Eastham Board of Health.
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 4 bedroom use and use Advantex AX 20 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 and abutter notification.
Complete design details and requirement of technology to be submitted for approval.
Pat lariviere made the motion to approve the plan with the 8 conditions.
Beverly Knox seconded the motion.
S0 VOTED UNANIMOUSLY
NOTICE TO ABATE VIOLATIONS
10. 3 Stellwagen Way Map-8 Parcel-19A
(CONTINUED TO AUGUST 26, 2010 BOH MEETING)
Jason Ellis requested that the Board discuss the Hurley Property at 120 Huckleberry Lane & 720 Shurtleff Road -the Board recommended this be considered at the August 26, 2010 BOH Meeting.
Beverly Knox made the motion to adjourn the meeting at approximately 5:00 p.m.
Pat Larivier seconded the motion.
S0 VOTED UNANIMOUSLY
Respectfully submitted,
Janice M. Shea
Eastham Health Clerk
(ORIGINAL)
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