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Board of Health Minutes 10-28-2010
MINUTES
BOARD OF HEALTH MEETING
THURSDAY, OCTOBER 28, 2010
3:00P.M.



PRESENT:        Dr.  James Taylor, Chairman,  Pat Lariviere, R.N. Vice-Chairman,
                Dr. Martin Haspel,   Dr. Lois Roth-Johnson,  Beverly Knox, R.N.,B.S.
                Jane Crowley, M.S.,R.S., Eastham Health Agent
                Susan Barker, Assistant Health Agent

Dr. Taylor opened the meeting at 3:00 p.m.


OPENING STATEMENTS

Beverly Knox reminded the residents that the flu shots are important to receive.
This year the vaccine is available for infants (6 months) and other residents. Those people who may have an  allergy should check with their doctor. Beverly also stated that the shot is only good for one year.


Jane Crowley informed the Board that a flu clinic was held today at the Council on Aging from 9:00a.m.- noon. The employee clinic was also being held in the town hall from
        2:00 p.m.- 4:00 p.m.
This December 4, 2010 at the emergency management meeting a flu clinic will be offered to students.  

 Jane also stated there will be a meeting with the elementary school staff to arrange a flu clinic for the elementary students .
        On October 12, 2010 Jane attend the Eastham Water Management Committee
        meeting which discussed solutions to eliminate the algae in the ponds. There was no
        conclusion on the best method to resolve the problem. There will be more meetings  to  
        find the best solution to the problem.

VARIANCES

1.      Herbert Philbrick               370 Mill Road   Map-11 Parcel-73

Judy Bersin (Ryder/Wilcox) submitted plans to upgrade the septic system. The Board had questions about the proposed septic location to the site well location and the floor plan. Judy asked that this hearing be continued to the  November 18, 2010 BOH meeting in order for her to discuss new plans with the owner.

        Pat Lariviere made the motion to continue this hearing at the BOH meeting Novemer18, 2910 .     
        Beverly Knox seconded the motion.
        SO VOTED UNANIMOUSLY

2.      Peter McNeary           40 Teal Way             Map-17   Parcel-507

Chris Wickson (East Cape Engineering) presented the plan to upgrade the septic system dated 10/6/2010.  The variances include:

        Reduction Requested to Town of Eastham Board of Health Regulations:
        (Section1)
        23'+/-to the 100' required setback for proposed soil absorption system to property line.
        (77'+/-setback proposed)

        Reduction Requested to Title 5 Regulations  
        (310 CMR 15.405: Contents of Local Upgrade approval)
        7'+/- to the 10' required setback for proposed soil absorption system to property line.
        (3'+/- setback proposed)
        1.0'+/- to the 3.0' maximum cover allowed over proposed soil absorption system.
        ( 4.0' maximum cover proposed over portion of soil absorption system)
        25%  reduction in the subsurface sewage disposal system area design requirement.

        Finding that the applicant has submitted plans that meet maximum feasible compliance with a pressure dosed system the plan was approved with the                following conditions:

1.      No increase in flow allowed
2.      Subject to Conservation Commission approval
3.      No increase in habitable space without abutter notification and BOH review.
4.      Effluent filter to be installed in outlet Tee.
5.      Deed restriction for 5 bedroom use to be recorded on deed.
        
        Dr. Lois Roth-Johnson made the approve the plan with the 5 conditions.
        Pat Lariviere seconded the motion.
        SO VOTED UNANIMOUSLY

REVIEW

3.      Katherine Hartley               160 Old Farm Lane               Map-7     Parcel-404

Katherine Hartley and Henry Stuerken submitted their building permit for the Board to review  to add a two story addition to be used as office and studio space.  The Board approved the plan withe the following conditions;

1.      A two bedroom deed restriction to be recorded.  
2.      A plumbing restriction no shower or tub be allowed.

        Dr. Lois Roth-Johnson made the motion to approve the project with the 2 conditions.
        Pat seconded the motion.
        SO VOTED UNANIMOUSLY

4.      Louise Kane             18 Beach Plum Lane              Map-13    Parcel-208

Jennifer Parkas Ellis, Esq. submitted the Residential Site Plan Approval Application for the Board of Health to review.  In July 2006 the Board approved an upgrade to the septic system on this property with one of the conditions being any increase in the habitable square footage would require Board of Health review. The Board approved the renovation and addition to the existing dwelling on the property since the septic system is adequate.

        Beverly Knox made the motion to approve the submitted plans.
        Dr. Martin Haspel seconded the motion.
        SO VOTED UNANIMOUSLY

APPEAL

( Dr.Lois Roth-Johnson recused herself from this appeal)

5.      Nauset Together We Can (Juice Bar)      4730 B State Hwy        Map-5    Parcel-128B

Christine King and Jean Finch representing the Board of Directors of Nauset We Can request a variance regarding the septic plan at the aforementioned property. The Board denied this requested since there is no engineering Title 5 plan on file.  Local regulations require under section I (b) new constriction for an existing dwelling -Prior to applying for any forgoing permits to increase occupancy...the owner shall file with the BOH a sewage disposal system that complies with the requirements of Title 5-310 CMR.15.00. This review is in accordance consistent with BOH regulations to review or determine adequacy of the septic system for proposed use for both residential and commercial operations. No such plan is on file. This property also would trigger PWS approval for the change in use from office to meeting space from DEP.

        In the year 2009 a new well was installed and a disclaimer form signed by owner Barbara Niggel
        acknowledging the exact replacement of a failed well without a site plan.  

        Dr. James Taylor made the motion to deny your request for a variance since there is no Title 5 plan on file.
        Beverly Knox seconded the motion
        THE VOTE WAS 3 IN FAVOR -1 OPPOSED

6.      James Llyod      115 Schooner Lane              Map-5   Parcel-244
        
         Mr. Lloyd was unable to attend the meeting due to illness.  Mr.Clen his son-in law came before
the Board requesting the appeal to the $300.00 citation for not obtaining a rental certificate for the aforementioned property. Due to a complaint made to the Health Department by a renter it was found that no rental certificate was on file at the town clerk’s office for this property. The Board denied the appeal to the citation of $300.00. A rental certificate must be obtain for the year 2011.

        Dr. Lois Ran-Johnson made the motion to deny the appeal.
        Beverly Knox seconded the motion.
        SO VOTED UNANIMOUSLY

The meeting was adjourned at 5:00p.m.

THE NEXT WORKSHOP MEETING WILL BE NOV. 9,2010 AT 9:00A.M.

THE NEXT BOARD OF HEALTH MEETING WILL BE NOV.18, 2010 AT 3:00P.M.

Respectfully submitted,

Janice M. Shea., Health Clerk