MINUTES
BOARD OF HEALTH MEETING
THURSDAY, FEBRUARY 17, 2011
3PM
PRESENT: Dr. James Taylor, Chairman, Pat Lariviere, R.N., Co-Chairman, Dr. Lois Roth-Johnson, Dr. Martin Haspel, Jane Crowley, Health Agent, Susan Barker, Assistant Health Agent. Absent, Beverly Knox
I. OPENING STATEMENTS
Dr. Martin Haspel mentioned the herbicide spraying to be conducted by NSTAR and wondered if there had been any discussion about it lately. Ms. Crowley stated that the Board of Health will be given the opportunity and time to comment on the issue. Past AmeriCorps member Amy Vos plotted private wells which are located in the area of the spraying. Eastham has an active role in this issue and have and will make opinions known about the issue. Dr. Taylor stated that the Board of Health is already
on record as being not “ok” with this issue.
Ms. Crowley updated the Board that Environmental Partners had met with the Board of Selectmen and are continuing to explore the quantity and quality of the test wells. One well has been delayed due to weather setbacks. Progress is moving forward, policy issues are coming up.
A discussion about the possibility of purchasing water from the Town of Orleans and if contact had been made to the effect? And questions regarding Tri-Town and the future of it.
The upcoming I/A Forum has been schedule for March 30th at 2PM at Eastham Town Hall. Speakers from the county health department will be present. There will be many issues discussed regarding the permitting, operation and maintenance and approval of I/A systems in Eastham.
II. VARIANCE
1. Rosamond Thomas 255 Mary Chase Rd M-18 P-80A
Jason Ellis of J.C. Ellis Deign Co. submitted a plan with requests for a 23 ft setback reduction variance from the proposed well to the road layout and a 9ft variance to a side lot line. Thre is no septic plan on file for this environmental
Finding that the plan achieves maximum feasible compliance, the plan was approved with the following conditions:
1. VOC and Routine water quality test results be provided of proposed well location to assure potability of water supply.
2. Future leach area location to be shown on the plan, (on revised plan dated 2/7/2011).
3. Well variance form to be signed by owner.
Pat Lariviere made the motion to approve the plan with the 3 conditions.
Martin Haspel seconded the motion.
SO VOTED UNAMIOUSLY
III. REVIEW
2. Daniel & Jill Rubalcaba 47 Longstreet Ln M-10 P-342A
Reviewed the proposed plan to increase the habitable square footage of the dwelling on an environmentally sensitive lot. The dwelling is serviced by a pressure dosed system which was approved on March 29, 2007 with variances. The proposed project will not result in any increase in the number of bed rooms but is subject to Board of Health approval.
The proposed project was approved with the following conditions:
1. Vinyl barrier will be provided on the side of leach area where distance to soil absorption system is less than 10’
2. Requirement of Innovative Alternative Technology to be added to system. Plan may be submitted to the Health Agent for approval of proposed project with submission of engineering plan.
Dr. Martin Haspel made the motion to accept the proposed project with the 2 conditions.
Dr. Jim Taylor seconded the motion.
SO VOTED UNANIMOUSLY
3. Demitri (Friendly Fisherman) 4580 State Highway M-8 P-194
Jason Ellis of J.C. Ellis Deign Co. submitted plans for the Friendly Fisherman, a commercial mixed use retail fish market and take out fast food restaurant with outside public table seating only. The flow rate is calculated based on:
1060 sq ft retail=53 GPD
75 seat fast food restaurant=1500 GPD
Total flow=1553 GPD
The applicant will be required to register as a Public Water Supply with DEP and comply with applicable regulations regarding use. Coordination with DEP is needed to establish the extent of the Zone 1 radius. The active wells on Parcel 193B need to be accurately located and reflect accurate calculated DEP Zone 1 radius shown. Previous capacity for 1998 Food Establishment. Permit lists total seating capacity at 50. Discussion of how seating capacity was determined. No septic plan on file for this property. The property is currently served by cesspools.
The separation from the applicants proposed septic location to the site well location is better than what currently exists.
This proposal was tabled, and continued to the March 31st meeting. A look at like facilities is required.
4. Susan Gamache 30 Valley Rd M-7 P-155
Jason Ellis of J.C. Ellis Design Co submitted plans to retrofit the existing septic system with Orenco Advantex treatment to add a third bedroom to an existing dwelling on a lot with 20,877 sq ft lot under provisional use approval. No variances are requested. The plan includes secondary treatment with Advantex AX20 3B treatment unit and a 1500 gallon septic tank.
Finding that the plan achieves maximum feasible compliance, the plan was approved 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 be allowed.
3. Secondary treatment 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 19 mg/L.
4. Operation and maintenance agreement to be submitted to EBOH. Operation and maintenance agreement required for life of the system. Operator to report results via Carmody Data Base provided through Barnstable County Department of Health and Environment or directly to Eastham Health Department.
5. Deed restricton 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 issuance of Certificate of Compliance.
7. Any increase in habitable square footage would require Board of Health review.
Dr. James Taylor made the motion to approve the plan with the seven conditions.
Dr. Martin Haspel seconded the motion.
SO VOTED UNANIMOUSLY
5. William & Elizabeth Hurley 720 Shurtleff Rd& M-7 P-326
120 Hucklebery Ln
Due to the constraints of the lot size combined of 120 Huckleberry Ln and 720 Shurtleff Rd totaling 24,513 sq ft a plan for a shared system was submitted.
Jason Ellis of J.C. Ellis Design Co. has requested variances as listed for upgrade of two existing properties with a total of 6 bedrooms (2 bedrooms dwelling on parcel 326 and 4 bedroom dwelling on parcel 346). This would be a shared system between the two lots and subject to DEP approval under general use approval with the use of Orenco Advantex a reduction in the size of the leach area can be considered. Both parcels are currently owned by the same parties. Since both wells are located on parcel 326 an easement would be required if one of the properties were to be sold. A formal
agreement should be obtained to assure that will happen in the future if such an agreement is not possible at this time. There are no reductions from proposed leach area to proposed wells. The plan provides a greater degree of environmental protection than previously existed with greater separation distance from well to leach area than previously
provided. This shared system maximizes separation distances that would not be possible otherwise.
1. No increase in flow allowed.
2. Deed restriction to 2 bedroom on parcel 326 and 4 bedrooms on parcel 346 and the use of Shared Advantex AX20 3B Innovative Alternative septic system to be recorded on the deed.
3. Existing wells to be testes for Routine parameters.
4. Require legal statement of well variance, variance for deeded well easement by Attorney Karen Underhill, to be recorded and enacted at time of transfer.
5. Subject to DEP approval for Shared Use System grant of Title 5 Covenant and Easement.
6. Secondary treatment and monitoring under general use approval conditions per DEP regulations including testing quarterly for total nitrogen, TSS, BOD, and Nitrate-nitorgen not to exceed 19 mg/L (or two times per year for seasonal use). After two year period of time reduction of testing could be requested to Board of Health by owner.
7. Operation and maintenance agreement to be submitted to EBOH. Operation and maintenance agreement required for life of the system. Operator to report results via Carmody Data Base provided through Barnstable County Department of Health and Environment or directly to Eastham Health Department.
8. Designer to verify proper operation of the system prior to issuance of Certificate of Compliance.
9. Any increase in square footage would require Board of Health review and abutter notification.
Pat Lariviere made the motion to approve the plan with the 9 conditions.
Dr. Lois Roth-Johnson seconded the motion.
SO VOTED UNAMIOUSLY
6. George and Susan Amato 95 Harmes Way Map-1 Parcel-101
Review of a proposed project on dwelling located at 95 Harmes Way with existing Title 5 variances, Felco Engineering design plan dated 8/9/1988 and revised 9/28/1988.
The house is to relocated, and rebuilt on a new pile foundation and enlarged. Lot is an environmentally sensitive lot with variances. The proposed remodeled dwelling will have 2 bedrooms and increase in habitable space. The project requires Board of Health review for adequacy of the existing septic system for the proposed dwelling.
The proposed project was approved with the following conditions:
1. VOC and Routine water quality test results to be provided of proposed well location to assure potability.
2. Secondary treatment and monitoring under general or remedial use approval (as appropriate) conditions per DEP regulations including testing quarterly for total nitrogen (or 2 times per year for seasonal use). After this time reduction of testing could be requested to Board of Health by owner.
3. No increase in design flow be allowed without abutter notification and Board of Health review.
4. Operation and maintenance agreement to be submitted to the Eastham Board of Health. Operation and Maintenance agreement to be required for the life of the system.
5. Deed restriction for 2 bedroom use and alternative technology requirement to be recorded.
6. Designer to verify operation of the system prior to issuance of Certificate of Compliance.
7. Subject to Conservation Commission review.
Plans to be submitted to the Health Agent for review with I/A treatment added.
Dr Lois Roth-Johnson made the motion to accept the proposed dwelling renovation with the addition of I/A treatment.
Dr. Martin Haspel seconded the motion.
SO VOTED UNAMIOUSLY
7. Thomas and Linda Cimillo 445 Turnip Rd M-7 Parcel-491
Due to the constraints of the lot size 24,700 sq ft and existing 3 bedroom dwelling a plan has been submitted for approval with requests for variances which include:
Title V variances (310 CMR 15.029)
1. 13’ from proposed well to existing SAS
(100’ required, 87’ provided, 13’ variance requested)
2. 8’ from porposed well to existing SAS
(100’ required, 92’ provided, 8’ variance requested)
310 CMR 203
3. 25% reduction in size of SAS
310 CMR 15.248
4. No reserve area provided
Town of Eastham Board of Health Regulations
5. 20’ from proposed well to road layout (Turnip Rd)
(25’ required, 5’ provided, 20’ variance requested)
6. 20’ from proposed well to road layout (Way)
(25’ required, 5’ provided, 20’ variance requested)
7. 43’ from proposed SAS to top of coastal bank
(100’ required, 57’ provided, 42’ variance requested)
Finding that the plan achieved maximum feasible compliance, the aforementioned variances were approved at the February 17, 2011 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 a two year period of 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 a single home FAST 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.
Dr. Lois Roth-Johnson made the motion to accept the proposed plan as presented.
Ms. Pat Lariviere seconded the motion.
SO VOTED UNAMIOUSLY
IV. CONTINUATION FROM JANUARY 27, 2011 BOARD OF HEALTH MEETING
8. Estate of Ralph Santoro 25 John Thomas Rd Map-20 Parcel-53
Variance Request
Due to constraints of the lot size 27,087 sq ft and existing 4 bedroom dwelling a plan has been submitted with variance requests which include the following:
Title V Variances Requests
310 CMR 15.211
1. Proposed SAS is less than 10’ from the East and North property
(1’ separation provided)
310 CMR 15.221 (7)
2. Proposed SAS has more than 3’ of cover at final grade. Maximum of 5’ of cover will be provided.
Eastham Board of Health Regulations
3. Proposed system does not provide nitrogen reduction, pressure distribution is provided
4. Proposed well is less than 10’ from property line.
Finding that the plan achieves maximum feasible compliance, the plan was approved with the following conditions:
1. No increase in design flow.
2. Deed restriction for 4 bedroom.
3. Any increase in habitable space would require abutter notification and Board of Health review.
4. Owner to sign a well variance form.
Ms. Pat Lariviere made the motion to accept the plan as proposed.
Dr. James Taylor seconded the motion.
SO VOTED UNAMIOUSLY
9. Peter Woytowich 95 Kear Dr Map-9 Parcel-338
(Request to finish room over garage)
Request with plans to add a room over the garage to finished as office space.
The proposed plans were approved with the following conditions:
1. Deed restriction for 2 bedroom.
2. Re-inspection of dwelling prior to issuance of Certificate of Occupancy to confirm conformity.
3. Floor plan to be recorded on deed.
4. Any increase in habitable square footage to be reviewed by Board of Health.
Dr. James Taylor made the motion to accept the plans submitted.
Dr. Martin Haspel seconded the motion.
ACCEPTED 3-1
10. Tim Dickey 450 Steele Rd Map-4 Parcel-120
(Request for addition)
Plans were submitted for review which include a request for an increase in habitable space on an environmentally sensitive lot with existing variances to the existing system which services the dwelling. Due to lot square footage the dwelling is restricted to the existing number of bedrooms. Property owners would like to propose an addition but no increase in the number of bedrooms. Brought to Board of Health for review due to the environmentally sensitive lot and varianced septic system.
The request was approved with the following condition:
1. Pressure dosing to be added to the septic system at the existing elevation, while preserving 4’ separation.
Dr. James Taylor made the motion to accept the proposed addition plans with the condition.
Dr. Martin Haspel seconded the motion.
SO VOTED UNAMIOUSLY
Respectfully Submitted,
Susan A. Barker
Assistant Health Agent
| 
