MINUTES
EASTHAM BOARD OF HEALTH MEETING
THURSDAY, SEPTEMBER 29, 2011,
3PM
Present: Dr. Lois Roth-Johnson, Pat LaRiviere, Dr. James Taylor, Beverly Knox, Dr. Martin Haspel, Jane Crowley, Susan Barker
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.
· Windmill weekend went very well and Jane asked that a member of the board who was at the event provide additional information during the Correspondence and Other Information portion of the meeting. Jane did want to thank Susan Barker for her work to coordinate the event and to set up the booth!
· Cape Cod Water Protection Collaborative – the Conservation Law Foundation has filed a 2nd lawsuit against the EPA for failure to implement, improve and maintain an area wide Cape Code Water Management program. More information will follow as meetings and mediation between the EPA and both the Buzzards Bay Coalition and Conservation Law Foundation.
· The Steering Committee will be appointing a Scientific Panel that will conduct a peer review of the MEP Model. The review will take place November 14 – 16, 2011.
· Beach sampling is done for the year. Jane will distribute a spreadsheet of the results to the Board later in the meeting. In general, we had a very good beach season this year.
· Flu Clinic – The September 27, 2011 clinic introduced an on-line registration process that resulted in an increase in up front work, however, this resulted in a tremendous improvement in the process at the clinic. The flow of people through the process was very smooth and the clinic responded to approximately 220 people. Based on this success, we will repeat the process and will review the up front process to see if it can be streamlined. The Council on Aging will be holding a second Flu Clinic for Eastham on October 6,
2011. Dr. Martin Haspel advised that as a recipient of the flu shot through the clinic, this was the best flu clinic he has been to.
· Jane and Susan Barker participated in a regional High School Flu Clinic which was also staged as an Emergency Management Drill on September 27, 2011. It was well received by the High School administration. We worked with the regional and county Health Agents along with the High School Nurse and Administration to increase public awareness and to set up a system with the school to increase participation. The drill was evaluated for performance by the department of Public Health evaluators for the CDC and Homeland Security criteria. This is a
required activity for emergency preparedness. A site set-up drill and call down was also performed.
· Things coming up in October:
o September 30, 2011 - Environmental Partners and Eastham Water Consultants will be meeting with the Cape Cod Commission, Cape Cod National Seashore and the Department of Environmental Protection. Jane Crowley and Sheila Vanderhoef will be meeting prior to the meeting with the Board of Selectmen on October 5, 2011.
o October 5, 2011 – Environmental Partners will meet with the Board of Selectmen at a workshop to discuss the progress of the water supply project.
o October 17, 2011 – Public Meeting will be held with the Wastewater Consultant, Water Management Consultant and Stephanie Cox who represents Senator Keating’s Office as his Environmental Affairs Staff Liaison.
o October 18, 2011 - Jane will provide a presentation to the League of Women Voters.
o October 19, 2011 – The Pond Consultant will conduct a meeting to review the draft report. The Board of Health, Board of Selectmen, Conservation and Water Management will participate in the meeting to talk about the project and to prepare for a public meeting to be set.
o October 20, 2011 – Regional Emergency Management meeting will be held with the Outer Cape Health Agents.
III. VARIANCE
1. Boat Meadow LLC 780 Bridge Road M-20 P-93
10 Salt Marsh Way M-15 P-64
On behalf of their client, Boat Meadow LLC, Ryder and Wilcox has requested a continuance to the October 27, 2011 Board of Health Hearing.
Dr. Lois Roth-Johnson made the motion to continue the variance request until October 27, 2011. Pat LaRiviere seconded the motion.
SO VOTED UNAMIMOUSLY
IV. PUBLIC HEARING
2. Scott White 1775 State Highway M-8 P-311
Tim Brady from East Cape Engineering represented Scott White at the meeting. Tim has been working with Scott to get the paperwork straightened out so that Scott can apply for a Rental Permit.
To open the discussion, Jane restated the case. This is in reference to the Notice to Abate Violations of 310 CMR 15.0,310 CMR 15.202, 310 CMR 15.024 State Environmental Code Title 5 as outlined in the letter to Mr. White on August 19, 2011.
Simultaneously, a citation was issued on August 17, 2011 by Lillian Lamperti as the property located at 1175 State Highway was rented without a Certificate of Registration. The options available to Scott regarding this are to appeal the citation to the Board of Health, appeal the citation to the Orleans District court, or pay the citation. Scott advised that he is taking this citation to court so Jane advised that the Board of Health will not review this issue.
Review Background:
A meeting was held on August 2, 2011 with Scott White, Sheila Vanderhoef, Frank DeFelice and Jane Crowley to discuss the property located at 1775 State Highway. At that meeting, Scott advised that sections of the property had been rented. No valid permit to rent was in place at that time.
Building permits for the shed/cottage and other septic hook up to the shed/cottage were lacking. Based on discussions during that meeting, a file review back to 2001 was requested. Pending that review, a cease and desist order was issued to Scott White on August 2, 2011.
The file review back to 2001 found the following permits:
· Septic permit issued on 3/7/2001 for a 6 bedroom dwelling. The system was installed on 5/9/2001.
· Building Permit issued in 2001 for a garage with an unfinished upstairs.
· Building Permit issued in 2003 for a fence.
· Building Permit issued in 2006 for a reroof.
A site inspection was conducted on August 11, 2011 by Susan Barker and Jane Crowley. This inspection determined 6 bedrooms in the main house, a finished room above the garage and a separate shed/cottage that had a partially completed kitchen, living room, bathroom and bedroom. This cottage had been connected to the septic system that was installed in 2001 without approval, review or a permit.
At this time the owner had been directed to abate violations observed to come into compliance with the State Environmental Code Title 5 and Eastham Board of Health Regulations.
Dr. James Taylor commented that the structure has been built piecemeal. The septic system is for a 6 bedroom house and the current structure contains 7 or 8 bedrooms. No review for adequacy of the existing septic system was done prior to the inspection. In addition, the plumbing and septic hook up has been done without a permit or review and approval prior to work.
Eastham Board of Health (BOH) Regulations require the maximum number of bedrooms allowed to be determined by the number bedrooms in the existing house or the size of the lot which requires 10,000 square feet per bedroom. BOH Regulations require Health Department review before a building permit is obtained to allow any increase in habitable area. The Health Department must determine if the existing septic system is adequate for the proposed increase. This was not done as required. In addition, a separate shed/cottage was connected to the leach area without review, approval, or permit. This flow exceeds what would be allowed for new construction and is in violation of 310 CMR 15.0.
For new construction, this lot would be limited to 3 bedrooms. If rooms in the number of bedrooms in the house had been eliminated, they would not be grandfathered for future building approvals.
Tim Brady confirmed that the garage was permitted and at that time there was no detail re the connector. He also confirmed that 1 line did require a permit, however, the 2nd line was connected to the house plumbing and a plumbing permit was issued. The Board of Health had not reviewed that request to add additional habitable space to determine adequacy of the septic system.
Due to the various parts of this situation, Tim Brady suggested a process to help us work through it.
· First, review and come to an agreement regarding the number of bedrooms on the property.
· Second, look at what should have been or should now be permitted.
All agreed to that approach.
A discussion took place concerning the number of bedrooms as Jane and Tim differed on that point.
· Tim shows 6 bedrooms:
o 4 in main house (0 on 3rd floor as unfinished, 3 on 2nd floor and 1 on 1st floor)
o 1 in the connector
o 1in the shed/cottage
· Jane shows 8 bedrooms:
o 5 in main house (0 on 3rd floor as unfinished, 3 on 2nd floor and 2 on 1st floor)
o 1 above the garage
o 1 in the connector
o 1 in the shed/cottage
From this, the differences to review are:
· Is the Library on the 1st floor of the main house a bedroom?
o All agreed that it does meet the definition of a bedroom but Tim feels that it should be considered a living room as the 1st floor has a bedroom, kitchen, dining room and the library. Most homes have a kitchen, dining room, living room and 1 bedroom on the main floor.
· Is the loft over the Garage a music room or a bedroom?
o Jane read the Building Inspector’s letter of September 22, 2011 which stated that there was no permit issued for space above the garage or for habitable space in the L shaped connector. Also, the letter noted that the Building Inspector was aware that a structure was being moved to the property for storage, but it is now being turned into habitable space without a permit.
The Board of Health suggested that the house be brought back to the 6 bedrooms originally approved by the Board of Health in 2001. The 2001 approval for the septic system is much different
Due to the time and the current differences, Tim requested a continuance to the October Board of Health meeting.
Dr. James Taylor made the motion to continue this public hearing to October 27, 2011. Dr. Martin Haspel seconded the motion.
SO VOTED UNAMIMOUSLY
V. REDUCTION REQUEST
3. Joyce Bamford 17 Beach Plum Lane M-13 P-185 (reduction of testing)
Joyce Bamford and her husband are the only residents of their home in Eastham and they only live in that home from April 1st to election day in November of each year . The rest of the year is spent off Cape.
Since the I/A system was installed in 2008, the inspections and testing results have been good. The Board confirmed that the TN, BOD, TSS, Nitrate Nitrogen have been well below standards.
Dr. Lois Roth-Johnson made the motion to grant the request as follows:
· Inspection 1 time per year
· Testing 1 time per year in September
· Test for Total Nitrogen, BOD, TSS, and Nitrate nitrogen not to exceed 19mg/1.
Pat LaRiviere seconded the motion.
SO VOTED UNAMIMOUSLY
VI. REVIEW
4. Eric Nickerson 140 Sunset Ave M-19 P-25
Jason Ellis of J. C. Ellis Design Company, Inc. presented. A second floor is being added to this house and the house is being lifted to add a garage, full bath and 2 storage areas in the basement. The house is a 3 bedroom house and the plan submitted confirms it will stay as a 3 bedroom house.
Questions and discussion centered on the full bathroom in the basement with a large storage/utility area that has windows. The concern is that this area could easily be changed to a bedroom in the future, either by the current owners or future owners as it does meet the criteria of a bedroom.
Dr. Lois Roth-Johnson made the motion to accept the plan with:
· A 3 Bedroom Deed Restriction
· Removal of the shower in the basement bathroom to make it a ½ bath
· The storage/utility area to remain unfinished
· Any increase in habitable square footage would require Board of Health review& abutter notification
Pat LaRiviere seconded the motion.
SO VOTED UNAMIMOUSLY
5. Wilson Eastham Cottage 165 Harmes Way M-1 P-103
Nominee Trust
Jason Ellis of J. C. Ellis Design Company, Inc. presented. This is a 2 bedroom house that is being swallowed up in a sand dune. The plan is to put the house up on piles so the sand can flow naturally underneath. Jason and the owners are currently working with Conservation. With this move to piles, the foundation will be removed. Two additions will be added, on either side of the house that will increase habitable space by approximately 476 square feet. The additions will be a bedroom and utility room on 1 side and a dining area on the other side. The utility room will house the furnace etc that were previously in the basement. An I/A system was put in on the property in 2008.
The Board of Health noted that the Certificate of Compliance for the septic system installed in 2008 has not been issued as the condition of a signed and filed Deed Restriction has not been met.
The Board of Health also noted that the Advantex system is showing high nitrate levels so there is a concern that it is not working correctly.
Dr. James Taylor made the motion to accept the plan based on the following conditions:
1. Deed Restriction for 2 bedroom use and use of alternative Advantex AX20 technology requirement to be recorded on deed
2. Copy of contract from Inspection and O&M company
3. Letter form Innovative Alternative Company regarding the function of the system and why the nitrate levels are high
Dr. Lois Roth-Johnson seconded the motion.
SO VOTED UNAMIMOUSLY
6. Lloyd Howard, Builder Shore Gardens Condo M-21 P-63
There was no representation at the meeting. Jane advised that the builder was to provide us additional plans and they were not submitted. Based on that, it was recommended a continuance or postponement until next month. All agreed.
This resulted in a discussion concerning the fact that late and incomplete submissions have become more frequent. We will have to be more strict with deadlines and the requirements needed for a complete review.
VII. CORRESPONDENCE & OTHER INFORMATION
Updates from Jane:
· Summary of this season’s beach testing is provided to the Board for information
· Correspondence regarding the Conservation Law Foundation and Buzzards Bay Coalition lawsuit to the EPA for Action is provided to the Board for information
· Correspondence regarding the Barnstable County Independent Scientific Review of MEP Technical Reports is provided to the Board for information
· Waquoit Bay National Estuarine Research Reserve has asked Jane to provide them with Dr. James Taylor’s email address. Jane asked Jim to confirm to her if she can release this information or if he would like to.
· 2 housing violations were issued in September and Susan could update the Board on the violation issued on August 3, 2011 to Stuart Rothman.
o An inspection was done on September 12, 2011 by Susan Barker and Frank DeFelice, the Building Inspector. This was the first time that they could gain access to the house for the inspection.
o Minor violations were noted and they are being addressed.
· Do we want to schedule a workshop for October or skip it based on the schedule of upcoming meetings for the month? All agreed to skip the workshop for October.
· Jane will send the Board the schedule of October meetings so that anyone interested can attend.
VIII. WINDMILL WEEKEND
Updates from the Board members who attended and participated in Windmill Weekend:
· Pat, this was our first venture and it was a fun and learning experience – a good beginning for the Board of Health. Based on this, she recommends that it continues next year!
· Jane thanked Pat and Susan and all others involved in this event.
· Bev stated the focus on health was good. 56 people had their BP taken & many took vials for water testing.
· Jim noted that we should have sturdier walls in our tent in the future to allow the hanging of information.
· Bev also noted that there was a situation that required medical assistance and when people asked for a Dr. or RN at the event, they were there if needed. Luckily the situation had a positive outcome.
· Bev did get a question that we should research. How much should be left in the Septic Tank when being pumped to keep it working? The gentleman who asked the question thought it was 200 gallons but the board thinks that is too high. Jane will check with the County to see if they have any recommendations and guidelines.
IX. MINUTES
Approval of the following minutes:
· February 17, 2011 Meeting – Pat motioned, Lois seconded, SO VOTED UNAMIMOUSLY
· March 31, 2011 Meeting – Lois motioned, Pat seconded, SO VOTED UNAMIMOUSLY
· April 20, 2011 Workshop – Lois motioned, Bev seconded, SO VOTED UNAMIMOUSLY
· May 18, 2011 Workshop – Pat motioned, Bev seconded, SO VOTED UNAMIMOUSLY
· August 16, 2011 Workshop - Lois motioned, Pat seconded, SO VOTED UNAMIMOUSLY
· August 25, 2011 Meeting – Pat motioned, Lois seconded, SO VOTED UNAMIMOUSLY
X. ADJOURNMENT
Meeting Adjourned at 5:04pm
Respectfully Submitted,
Laurie Gillespie-Lee
Operations Assistant
Board of Health
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