MINUTES
BOARD OF HEALTH MEETING
THURSDAY, AUGUST 26, 2010
3:00 P.M.
PRESENT: Dr. James Taylor, Chairman, Pat Lariviere, R.N., Vice-Chairman
Beverly Knox R.N., B.S., Dr. Lois Roth-Johnson, Dr. Martin Haspel
Jane Crowley, R.S.,M.S. Eastham Health Agent
(Susan Barker, Assistant Health Agent -absent)
Dr. Taylor , Chairman opened the meeting at 3:00 P.M.
The Chairman welcomed the new member of the Board, Dr. Martin Haspel.
OPENING STATEMENTS:
Jane Crowley updated the Board on the following:
Jane, Sheila Vanderhoef, ( Town Administrator) Wally Adams, Martin McDonald
(Selectmen) and natural resources officer Amy Usowski had a meeting with the Herring Pond Homeowners Association to discuss issues related to Ponds. Sandy Bayne member of the Water Management Committee gave an informative presentation concerning the conditions of the ponds and the need to make ponds cleaner and healthier.
Update on beach closings - Cole and Thumpertown are closed until retesting results
allow re-opening.
September 25, 2010 Nationwide Unwanted Medication Disposal Day will be from
10:00A.M.to 2:00 P.M. at the Eastham Police Department. This event is part of a nationwide one day collaborative effort with state and local law enforcement in coordination with the Drug Enforcement Administration (DEA). Volunteers to help
in this event will be welcome.
The Planning Board will hold a Community Planning Forum September 25, 2010 in the Town Hall from 9:00 A.M .to 12:00 P.M.. This session is designed to secure information, generate ideas and create interaction between the Planning Board business owners and resident and non-resident tax payer.
VARIANCES:
Carolyn Ambroult 280 Candlewood Drive Map-12 Parcel-241
Tim Brady (East Cape Engineering) submitted a plan to upgrade the septic system.
The variance requested include:
(Section 15.405: Contents of Local Upgrade Approval)
b) 2.0' to the 3.0' maximum cover allowed over proposed soil absorption system.
(5.0'+/- maximum cover proposed)
Finding that the plan achieves maximum feasible compliance the plan was approved with the following conditions:
No increase in flow allowed
Deed restriction to 4 bedrooms
Pat Lariviere made the motion to approve the plan with the 2 conditions.
Beverly Knox seconded the motion.
SO VOTED UNANIMOUSLY.
Joan Pemberton 50 Hideaway Lane Map-7A Parcel-21
Joan Pemberton submitted the plan to increase the habitable square footage to the dwelling located on this environmentally sensitive lot. The 2000 gallon Tight Tank was installed in 2009 and has been functioning properly with a current operation and maintenance contract. The proposed project will not result in any increased number of bedrooms. The Board reviewed and approved the project.
Pat Lariviere made the motion to approve the project.
Dr. Lois Roth-Johnson seconded the motion.
SO VOTED UNANIMOUSLY.
Gary Wolf & Colleen Nolan 500 R- Ocean View Drive Map-24 Parcel-7
Peter Coneen submitted the plan to move the existing 3 bedroom dwelling further
away from the coastal bank. The variances requested include:
1. Separation reductions between the septic tank, leach area and building.
(310 CMR 15.211)
Finding that the plan achieves maximum feasible compliance the Board approved the plan with the following conditions:
No increase in flow allowed
Deed restriction for 3 bedrooms
Well to be tested for VOC and Routine parameters
Existing components to be protected from construction damage
Dr. Lois Roth-Johnson made the motion to approve the plan with the 4 conditions.
Beverly Knox seconded the motion.
SO VOTED UNANIMOUSLY.
CONTINUATION VARIANCE REQUEST FROM JUNE 22,2010
William & Elizabeth Hurley 120 Huckleberry Lane Map-7 Parcel-346
& 720 Shurtleff Road Map-7 Parcel-326
(Continued to September 30, 2010 BOH Meeting)
APPEAL CONTINUATION
Caroline Pooler & Elihu Rosen 90 Bosan Ave Map-8 Parcel-191 AH
The Board of Health considered the appeal to the occupancy limit for rental.
Mr. Rosen informed the Board that 6 persons have rented his dwelling this year and in the past years.
The Board informed Mr. Rosen that the Minimum Standards for Human Habitation, State Code, Chapter II includes square footage for a room used for sleeping 2 persons is 100 square feet. June 29, 2010 a rental inspection was conducted and the following measurements were :
Bedroom #1 = 99 square feet. - 1 person occupancy
Bedroom #2 = 72.9 square feet - 1 person occupancy
Bedroom #3 = 72.9 square feet. - 1 person occupancy * Bedroom 3 was not measured at the time of inspection the home owner stated that the bedroom was approximately the same size as bedroom #2.
The Minimum Standards for Human Habitation. State Code. Chapter II .requires
Square footage for a room used for sleeping 2 persons is to contain at a minimum 100
square feet. in the year 2011 a rental for 4 person occupancy would be permitted as follows:
Bedroom #1= 2 persons
Bedroom #2 = 1 person
Bedroom #3 = 1 person
Dr. Lois Rand-Johnson made the motion in the year 2011 a certificate for rental be issued for 4 person occupancy.
Dr.Martin Haspel seconded the motion.
SO VOTED UNANIMOUSLY.
NOTICE TO ABATE VIOLATIONS
Harold & Frances Blinder 3 Stellwagen Way Map-8 Parcel-191 AH
Attorney Richard Laraja represented Mr.& Mrs. Blinder concerning violations of 310 CMR 15.0 State Environmental Code Title 5, Minimum Standards for Subsurface Disposal of Sanitary Sewage and Eastham Health Section 1D (b) at their property.
At the March 27, 2008 BOH meeting a request to finish a room in the basement, of the property was approved with the following conditions:
1 bedroom deed restriction to be recorded
No plumbing to be installed in the basement
Both of these conditions are in violation and after a file review it has been noted that building, plumbing and electrical work has been conducted on the property without the required building permits and approvals required.
Attorney Laraja informed the Board the Blinders did not know of the 2 conditions required by the Board to build a room in their basement.
After a lengthy discussion Pat Lariviere made the motion to continue this hearing at the BOH meeting September 30, 2010.
Dr.Lois Rand-Johnson seconded the motion.
SO VOTED UNANIMOUSLY
PUBLIC HEARING FAILURE TO REGISTER RENTAL PROPERTY
Ian McConnell 25 Hoyt Road Map-10 Parcel -128
Margaret Lloyd 115 Schooner Lane Map-5 Parcel-255
(Continued to September 30, 2010)
Adjourned at 5:00p.m.
Respectfully submitted,
Janice M. Shea, Eastham Health Clerk
(ORIGINAL)
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