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Board of Health Meeting Minutes 7-28-2011




MINUTES
EASTHAM BOARD OF HEALTH MEETING
THURSDAY, JULY 28, 2011,
3PM

Present: Dr. Lois Roth-Johnson, Pat LaRiviere, Dr. James Taylor, , Beverly Knox, Jane Crowley, Susan Barker
Not Present: Dr. Martin Haspel

I.      OPENING STATEMENTS

Dr. Taylor opened with a Public Awareness topic about lawns.  Our Water Resources are very fragile and the use of fertilizers, weed killers and pesticides impact them greatly.  As we use these chemicals, they are absorbed into the soil and into the aquifer.  Our septic systems does the worst damage to the aquifer, however, what we put on our lawn also impacts it as it all goes into the water we drink.  

Jane Crowley reported on:
1.      The new fiscal year results in a new mailing of information and water bottles to a third of the town of Eastham.  This portion of the town has about 1800 properties and we have mailed 1000 to date.  Susan is leading the project with support from the department and Barnstable County.
2.      We have mailed 3500 postcards to properties that our records do not show as having their septic tanks pumped within the past 3 years.  
3.      Jane is working with the consultant regarding the Ponds.  An email was recently sent to all on the Board to save the dates for 2 meetings coming up.  The first is a Joint Meeting with the Board of Selectmen, Board of Health, Waste Management Committee and Conservation on August 17, 2011 at 2:30PM.  The second is with the public on August 18, 2011 at 4PM.
4.      Sheila Vanderhoef and Jane Crowley met with the Water Management Consultant, Environmental Partners, to review the preliminary construction and financial plans for the project.  The presentation to the Board of Selectmen is scheduled for early September.

II.     VARIANCE

1.      Sydney Miliken          2440 State Highway              M-15    P-64

David Lajoie, Felco, and Peter Coneen, Designer presented.  The lot has 3 existing buildings outlined on the plan as Dwellings A, B and C.  Dwellings A & B have Title 5 Septic Systems, however, Dwelling C has a Cesspool.  The proposed addition is to Dwelling A which will be “gifted” to a young family, related to the owner..  Dwelling A will not increase the current 2 bedroom capacity.

The concern of the Health Department and the Board of Health is that the Cesspool for Dwelling C will continue to be used and based on this environmentally sensitive lot, the BoH would like to request that the Cesspool be upgraded to a Title 5 Septic System as a condition to this building request.

Based on the discussion that took place, a compromise was proposed to change the condition to say that the Cesspool for Dwelling C will be upgraded to a Title 5 Septic System within 3 years.  David and Peter will discuss this compromise with the owner and the Variance Request was continued to the August 25, 2011 meeting.


III.    REVIEW

1.      John Demetri            4900 State Highway              M-5     P-122B

David Bennett of Bennett Environmental Associates, Inc and John Demetri’s son-in-law, Barry Vermaldi presented.  The owner is interested in selling this property.  There is a brand new Title 5 system on the property, however, it was never hooked up.  They would like to explore redevelopment options to make the property more saleable.  There is a restaurant public well supply easement on this property and it was recently relocated.  The owner has also installed a private well that will only serve the lot on which it is located.

Lois Roth-Johnson made the motion to accept as presented with the following conditions as noted in the Proposed Property Redevelopment plan:

Option A:       Office Use @ 75 gpd/1000 SF:                    62gpd
                3,600 SF Warehouse (3employees):                45 gpd
                                                                107 gpd << 444 gpd

Option B:       Retail Use @ 50 gpd/1000 SF
                5,000 SF Retail Use                             250 gpd << 444 gpd

Option C:       Office Use @ 75 gpd/1000 SF
                5,000 SF Retail Use                             375 gpd << 444 gpd

Option D:       Medical Office (1 doctor @ 250 gpd)             250 gpd << 444 gpd

Option E:       Dentist Office (2 dentist @ 200 gpd)            400 gpd < 444 gpd

Option F:       Dwelling  (4 BR duplex @ 110 gpd/BR)            440 gpd < 444gpd

Beverly Knox seconded the motion.

SO VOTED UNAMIOUSLY



2.      McShane Construction    5 Dory Lane     1 Bedroom               M-8     P-191F5
3 Dory Lane     1 Bedroom               M-8     P-191F6 

            Glenn Dumont from McShane Construction presented.  Since the original plans for these 2 properties were submitted, a change to 3 Dory Lane has been requested.  The change is to finish the 2nd floor but hold to 1 BR.  

Dr. James Taylor made the motion to accept the revised plan.  Pat LaRiviere seconded the motion.

SO VOTED UNAMIMOUSLY


IV.     REQUEST FOR APPEAL OF A CITATION ISSUED

Maureen Dooley Lawrence works for MB Management, the company that manages the properties owned by Community Development Partnership (CDP).   Neither Community Development Partnership nor MB Management was aware that Rental Permits are required in the town of Eastham.  

Since the citation of $600, MB Management and CDP have worked to comply with the town’s rental permit requirements.  Rental Permit applications have been submitted, water samples have been taken and delivered for testing, and Rental Inspections have and will be completed.  During the inspection of 1475 State Highway, 7 violations were noted.  They are working on correcting these violations for the re-inspection to take place within 30 days.

MB Management does a yearly inspection and as the CDP focuses on affordable housing, representatives from the states Section 8 program have also conducted yearly inspections in certain units.  The 3 properties are:
a.      1475 State Highway              2 units
b.      885 State Highway               5 units
c.      1425 Nauset Rd          1 unit

The Board expressed its concern that the CDP had no knowledge of the requirements of the Rental Program which continues to be advertised and advised to the public.  The normal citation for non-compliance is $300 per unit.  The citation given was for 2 units only and it could have been for the full 8 units which would have been $2,400.  After some general discussion, a compromise was made to reduce the citation by $200.

Dr. James Taylor made the motion to reduce the citation by $200, making it $400 instead of $600.  Lois Roth-Johnson  seconded the motion.

VOTE:  YES – 3,  NO - 1


V.      WINDMILL WEEKEND

Pat LaRiviere advised that Paul Beaglesin has confirmed that we have a booth with 15’ of frontage.  We do not have a location yet.  We do need to supply everything for the spot which includes tent, tables, chairs, etc.

Jane will check with the MRC re the size of their tent and the possibility of sharing it for the event.   Jane will also check with Sandy Bayne from the Wastewater Management group as they have a 10’ X 20’ and they have offered us to share it, using 6’ X 2.5’ of it.  

In the event that these 2 options do not work, Jane will check with Bob Varley to see if we have a tent, tables and chairs to use for the event.

What about a raffle?  It was suggested that a 1 month membership to Willy’s Gym would be good.  Lois will check to see if they will donate a month’s membership.

The draft of the banner was reviewed and comments made.  Susan will continue to work on this for the review at the workshop meeting on August 16, 2011.

Name tags will be needed for all who man the booth and it was suggested that 3 people be in the booth at all times.  Request for credentialing will be requested from the MRC.


VI.     CORRESPONDENCE & OTHER INFORMATION

Jane reviewed the beach closures to date and the most recent was July 4th weekend.

Susan reviewed 2 complaints that she received and resulted in inspections with concerns noted.  One is for 1475 State Highway as discussed earlier in this meeting and the second for 20 Hidden Lane.  Susan will be following through on these.

Jane reviewed a complaint that she is following through on concerning permits not applied for or issued for building and septic work at 1775 State Highway.

Beach permit sites for Salt Pond and Jemima’s Pond  were added to sampling rounds and included on the list of public beaches.

VII.    MINUTES

This item was not addressed during this meeting and will be added to the agenda for August 25, 2011.


Meeting Adjourned at 4:35pm


Respectfully Submitted,


Laurie Gillespie-Lee
Operations Assistant
Board of Health