MINUTES
EASTHAM BOARD OF HEALTH MEETING
THURSDAY, AUGUST 25, 2011,
3PM
Present: Dr. Lois Roth-Johnson, Pat LaRiviere, Dr. James Taylor, Beverly Knox, Jane Crowley, Susan Barker, Dr. Martin Haspel
Not Present:
I. PUBLIC NOTIFICATION RE VIDEO AND/OR AUDIO TAPE
Dr. James Taylor reminded the attendees of the meeting that it was being video and audio taped so please ensure your comments are what you want to be recorded.
II. OPENING STATEMENTS
Jane Crowley provided updates from the Health Department.
· Have been busy conducting a lot of inspections based on the Rental Program and the annual Food Establishment Inspection Program. Have received a number of complaints, but not an extreme number. Each complaint has been resolved and/or responded to quickly.
· Met with the Water Management Committee, Conservation and the Board of Selectmen on August 17, 2011 to review a presentation that would be held on August 18, 2011 for the public. The presentation was conducted by EcoLogic LLC and GHD, the consultants working with us on this project. The slides from the presentation are on the Town of Eastham website and Jane passed out a paper copy to the BoH. A draft of the proposal is due late September or Early October.
· Sheila and Jane met with the water consultants regarding the funding for the project and preliminary construction design. An SRF Loan has been drafted and is being finalized. Very good progress has been made to date.
· Flu Clinics this year will offer both on-line registration as well as phone registrations for appointments. The clinics scheduled are September 27, 2011 at the Town Hall and October 6, 2011 at the Council on Aging. Flyers are being developed and notifications will be posted in the newspaper. The vaccines will be available to anyone 18 or older and they will be charged back to the individual’s Health Insurance. Some people will pay for the vaccine and Jane is researching how to handle any monies received at the clinics.
· The Household Hazardous Products Disposal will be held in Orleans at the DPW on September 17, 2011.
· The Planning for Windmill Weekend is going very well. Many topics will be covered including, but not limited to, Tick and Lyme, Sun Safety, Water Management, and Personal Health topics.
o Pat wanted to ensure that everyone knows that Windmill Weekend is on Sept 10 and 11, 2011. The BoH will present themselves along with the MRC, Barnstable County Health and Water Management. We would love to see all of you there!
· With Hurricane Irene coming this weekend, Jane would like to take a moment to remind everyone to plan for it in advance. Recommendations from the Medical Reserve Corporation are:
o Fill prescriptions in advance
o Have a plan in place
o If you use special medical equipment, make sure you have a back up for it
o If asked to evacuate, please do so. It will help you and help those emergency personnel responsible for ensuring the safety of the public.
o Eastham’s emergency shelter is at Nauset High School but it is not an animal shelter. If you have pets, go the Harwich.
III. VARIANCE
1. Continuance from July 28, 2011 Meeting:
Sydney Miliken 2440 State Hwy M-15 P-64
David LaJoie from Felco, Inc. presented. He advised that the applicants have agreed to upgrade the current cesspool that presently serves Dwelling C with a Title 5 system. David would like to withdraw the original variance request submitted for this property and will come back to the Board with a revised plan that will be in compliance with State and Town regulations.
No vote was taken but the Board agreed to the withdrawal.
2. Mary Tricco 55 Hide Away Lane M-7A P-26
Steve Haas of Eagle Surveying, Inc. presented. A revised plan was handed out. The revision was to increase the Septic Tank from 2,000 gallons to 2,500 gallons, however, the actual dimensions of the tank would not change and so the variance initially requested is the same. That request is for an 8’ variance from the lot line and a 10’ variance from this property’s well and the well at Map 7A, Parcel 27.
The proposed system is like the system at her sister’s house next door and it is set to present an alarm when the tank is at 60% capacity which is about a 1 week notification. Regular testing would be done on the system.
The BoH recommended that based on the variance to the wells, that the water tight test be changed from 24 hours to 48 hours. Steve Haas and Mary Tricco agreed to this change.
Dr. Lois Roth-Johnson made the motion to accept the revised plan based on the following conditions:
1. Routine water and VOC quality test results be provided of existing well location to assure potability
2. No increase in design flow be allowed
3. Deed restriction for 3 bedroom use and requirement of existence of tight tank to be recorded at registry of deeds
4. DEP approval required
5. Recommend pumping maintenance agreement be submitted yearly to BoH
6. No additional increase in habitable space without notification to abutters and BoH review
7. 48 hour water tight test to be performed prior to backfill
Dr. James Taylor seconded the motion.
SO VOTED UNAMIMOUSLY
IV. REVIEW
3. Raymond Brodeur 18 Nycoma Way M-10 P-318 (reduction of testing)
The applicants did not attend the meeting. The owners of the property do utilize it seasonally and are requesting a reduction in the required testing of the system.
Based on the Board’s review of the water results, the nitrate levels are high and therefore they want the testing to continue 2 times yearly and want that testing done in June and September based on the seasonal use.
Pat LaRiviere made the motion to reject the request at this time with the notification that the owner can reapply next year. Dr. James Taylor seconded the motion.
SO VOTED UNAMIMOUSLY
4. James Kelleher 35 Briggs Field Rd M-8 P-365
Brendon Parker of Parker Homes Building presented. The owners want to make the current space over the garage as a recreation room with a bathroom for their grandchildren.
The Board noted that the lot is just over 22,000 sq. ft. and the house is already a 3 bedroom with a 3 bedroom septic. This new room would meet the Title 5 definition for a bedroom which would be the 4th bedroom in the house. The Board must follow the Title 5 regulations to ensure the quality of the water in Eastham.
Through discussion, other alternatives were discussed – change the plan for the room over the garage to not provide privacy, not have heat and to not include a bathroom – combine 2 of the bedrooms in the house to make it 1 less bedroom.
Dr. Lois Roth-Johnson made the motion to deny the request. Pat LaRiviere seconded the motion.
SO VOTED UNAMIMOUSLY
5. Ross Bierkan 13 & 15 Bayberry Lane M-13 P-149 & 150
Jason Ellis of J. C. Ellis Design Company, Inc. presented. This house has not been inhabited for 2 years. A new septic system was installed on the property 2 years ago and there was an O&M Contract at that time. The new owners want to finish ½ of the basement – 570 sq. ft. to be storage. The room in the basement would not have windows or a bath. The house currently has 3 bedrooms in the house.
Jason has a deed restriction for 3 bedrooms on the property that has been filed with the Registry of Deeds and he will provide a copy to the Health Department.
Jason will provide us with the new owner’s contact information for our files.
Pat LaRiviere made the motion to accept the plan based on the following conditions which were originally outlined at the Board of Health meeting on Thursday, July 28, 2005:
1. Routine water and VOC 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 general use approval conditions per DEP regulation including testing quarterly for total nitrogen, BOD, TSS, Nitrate (or e times per year for seasonal use) with effluent limit not to exceed 19 mg/1 nitrate-nitrogen per Eastham Board of Health requirement, after this time reduction of testing could be requested to BOH by owner
4. Operation and maintenance agreement to be submitted to the Town of Eastham Board of Health. Operation and maintenance agreement to be required for life of the system.
5. Deed restriction for 3 bedroom use and use 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& abutter notification
Beverly Knox seconded the motion.
SO VOTED UNAMIMOUSLY
6. Paul Somerville 35 Bridge Pond Drive M-13 P-38
Tim Brady, East Cape Engineering, Inc. presented for the new owner’s, Robert and Ruth Grande. The existing house and septic is for a 4 bedroom house. The new owners would like to add a media room to the basement. The proposed media room does have a walkout and that space would meet the Title 5 definition of a bedroom. The house also has an office and ½ bath over the garage which is currently considered one of the 4 bedrooms in the house.
Tim suggested that the media room be considered the bedroom, remove the ½ bath over the garage and then deed restrict the property for 4 bedrooms so that the room over the garage be considered an office only. Another suggestion would be to modify the current plans for the media room to remove all windows and make it open to the workout room. There is no bathroom in the basement and the stairs could be open from the 1st floor to eliminate privacy.
The Board liked the basement modification to eliminate the sense or privacy and to open it to the workout room best. Regarding windows in the media room, based on a poll of the members, they agreed 3 to 2 for no windows.
In addition, it was noted that the wall between the media and workout rooms could be either removed or made as a half wall. Also, the bathroom over the garage could be remodeled to include a shower.
Beverly Knox made the motion to accept the plan based on the following conditions:
1. Deed restriction for 4 bedroom use
2. The basement media room be redesigned to remove the windows, open the room to the workout room and open the stairway from the first floor
3. No additional increase in habitable space without notification to abutters and BoH review
Dr. Martin Haspel seconded the motion.
SO VOTED UNAMIMOUSLY
Tim will submit a revised plan to Jane based on the modifications discussed and noted in the conditions.
V. CORRESPONDENCE & OTHER INFORMATION
Updates from Jane:
· A letter has been sent to Stuart Rothman regarding his property at 65 Burrows Road based on a complaint received. He is working to bring the property into compliance.
· A violation notice was sent to Scott White regarding his property at 1775 State Highway. We did not have time to post a public hearing but the rental citation has been sent.
· A letter has been sent to Eunice and Arthur Amerault regarding their property at 30 Hideaway Lane based on notification from the Fire Department. We attempted to call the owner personally but with no luck. An oil tank was on the property, open to the weather. We are working with the owner to correct this and currently, they have 2 options:
o The product can be brought to Harwich
o The product can be brought to Hazardous Waste Day in Orleans on September 17, 2011
· Medical Waste Day was a success at the last event and Chief Kulhawik is supporting another one on October 29, 2011 at the Police Department.
· Copies of the slides used at the Pond Presentation were handed out to the Board.
· A copy of a letter received from John Auerbach, Commissioner of The Commonwealth of Massachusetts which spoke to the good job the Health Departments are doing and Jane shared that sentiment to the Board of Health.
· Jane prepared a Thank You card to Peter Noble-Cass, owner of Idle Times Bike Shop for their donation of 2 Bike Helmets for our raffle at Windmill Weekend. The Board signed the Thank You Card.
Windmill Weekend Updates:
· Pat advised that Paul Biegelsen confirmed that our booth spot is close to the Forum at the front corner by Samoset Rd.
· Jane advised that Mark Powers has ordered the tent.
VI. MINUTES
Approval of the following minutes:
· June 8, 2011 Workshop – Pat motioned, Lois seconded, SO VOTED UNAMIMOUSLY
· July 19, 2011 Workshop – Pat motioned, Bev seconded, SO VOTED UNAMIMOUSLY
· June 30, 2011 Meeting – Lois motioned, Pat seconded, SO VOTED UNAMIMOUSLY
· July 28, 2011 Meeting – Bev motioned, Lois seconded, SO VOTED UNAMIMOUSLY
VII. ADJOURNMENT
Meeting Adjourned at 4:15pm
Respectfully Submitted,
Laurie Gillespie-Lee
Operations Assistant
Board of Health
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