MINUTES
EASTHAM BOARD OF HEALTH MEETING
THURSDAY, OCTOBER 27, 2011,
3PM
Present: Dr. Lois Roth-Johnson, Pat LaRiviere, Dr. James Taylor, Beverly Knox, Dr. Martin Haspel, 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
Susan Barker provided updates from the Health Department.
· Environmental Partners met with the Board of Selectmen at a workshop to discuss the progress of the water supply project on October 5, 2011.
· The Council on Aging held the second Eastham Flu Clinic on October 6, 2011.
· On October 18, 2011, Jane presented a status update of the Eastham Wastewater and Water Planning with the League of Women Voters at Snows Library.
· A Work Session was held on October 19, 2011 regarding the draft Pond Report. The Work Session participants included the Board of Selectmen, Board of Health, Water Management Committee and the Conservation Committee.
· A planning session was held on October 20, 2011 concerning emergency planning. The session included Outer Cape Towns.
· Things coming up in late October and November:
o October 29, 2011 – Unwanted Medication Disposal Day will be held at the Eastham Police Department. Does anyone on the Board want to volunteer to help in that even? If so, please let Susan Barker know.
o November 2, 2011 – Silent Springs will be meeting at 2PM to discuss the Well Water Testing Results of the current program.
o November 16, 17 & 18, 2011 – The Cape Cod Water Protection Collaborative MEP review will take place.
o November 14 & 15, 2011 – The Northeast Well Symposium will be held.
o November 9, 2011 – The Environmental Partners will be meeting with the Board of Selectmen to discuss financing of the water project. The meeting will be at 2:30PM.
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 2nd continuance to the November 17, 2011 Board of Health Hearing.
Pat LaRiviere made the motion to continue the variance request until November 17, 2011. Dr. Lois Roth-Johnson seconded the motion.
SO VOTED UNAMIMOUSLY
2. Michael Kelley 320 Captains Way M-11 P-377
Thomas McLellan from Bass River Engineering presented. The owners would like to replace their 2 cesspools with a Title 5 Septic System. Based on the small lot size, the leach area cannot meet the 100’ setback from the owner’s existing well. Therefore, a variance of 11’ (leach area will be 89’ from the owner’s well) is requested. The plan includes future well location in the event of replacement.
Abutter, Eileen Johnsmeyer, 80 Whitney Rd, asked for clarification to confirm that the new system would meet the required setbacks from her well. Tom McLellan reviewed the plan with her and confirmed the setback to her well was met.
Susan Barker asked Tom McLellan to provide the Health Department with a copy of the revised plan with the revised date as the copy we have has the original date of September 27, 2011.
Dr. Lois Roth-Johnson made the motion to accept the plan with the following conditions:
· No increase in flow allowed
· Deed restriction to 3 bedrooms
· Owner to install replacement well as shown on the plan “future well location” when new well is required
Pat LaRiviere seconded the motion.
SO VOTED UNAMIMOUSLY
3. George Swope & 22 Asparagus Lane M-19 P-37
Margaret Andrew
Stephanie Sequin from Ryder & Wilcox presented. The owners are now living here full time and want to remodel the interior of the existing 4 bedroom house and update the current septic system. The lot contains a considerable amount of wetlands and they are requesting a variance of 12’ from the cellar wall. Conservation approved this plan at their meeting on Tuesday, October 25, 2011.
It was noted that a variance similar to this was requested and approved in 2005. Stephanie advised that this plan has some modifications but is basically the same.
Dr. Martin Haspel made the motion to accept the plan with the following conditions:
· No increase in flow allowed
· Secondary treatment and monitoring under general use approval conditions per DEP regulations including testing quarterly for total nitrogen, BOD, TSS, Nitrate (or 2 times per year for seasonal use). After 2 year period of time, reduction of testing could be requested to Board of Health by owner. Nitrate nitrogen not to exceed 19mg/l.
· Operation and maintenance agreement to be submitted to Eastham Board of Health. Operation and maintenance agreement to be required for life of the system. Operator to report results via Carmody Data Base provided through Barnstable County Health or directly to the Eastham Health Department if not available.
· Deed restriction for 4 Bedroom use and use alternative technology requirement to be recorded on deed.
· Designer to verify proper operation of the system prior to issuance of Certificate of Compliance.
· Subject to Conservation Commission approval.
· Any increase in habitable square footage would require Board of Health review and abutter notification.
Beverly Knox seconded the motion.
SO VOTED UNAMIMOUSLY
IV. PUBLIC HEARING
4. Scott White 1775 State Highway M-18 P-311
This is a continuance from the September 29, 2011 Board of Health meeting and 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. The minutes of that meeting reflect the discussion that took place at that time.
To help focus the discussion during this meeting, the Board of Health prepared a package of documents and information for everyone involved in the discussion. Susan Barker reviewed the package for the meeting.
Scott White represented himself and expressed his concerns as follows:
· The Board of Health did not receive the letter from Tim Brady for the September 29, 2011 meeting until the time of the meeting and so did not have time to fully review it
· The cottage was originally one of the Good Luck Cottages that was finished in the 1940’s so it included a bedroom and bathroom
· The drawing of the property is flawed in that the “L” and Garage are out of proportion to the main house
Dr. James Taylor explained that the concern of the Board of Health and the focus for this hearing is as follows:
· The septic system installed in 2001 was applied for, approved and installed for 6 bedrooms
· The current inspection of the property identified 8 bedrooms as defined in the Eastham Board of Health Regulations
· Additional buildings were added to the property without permits/ review by the Board of Health
· A separate shed/cottage was connected to the leach area without review, approval, or permit
· Eastham is an environmentally sensitive area and the Board of Health Regulations were developed to ensure the safety of all residents in Eastham and to maintain the quality of the environment
The Board of Health offered a compromise to resolve their concerns and to reduce the impact to the environment
· Maintain a total maximum of 6 bedrooms in the main house, the “L” addition and the garage
· Change the cottage back to a shed as originally intended for this property – not to be used as habitable space.
· Deed restriction for 6 bedrooms to be recorded at Registry of Deeds
As Scott was agreeable:
Dr. Lois Roth-Johnson made the motion:
· Change the current cottage back to a shed
· Disconnect all plumbing to the shed
· Deed restriction to 6 bedrooms
· Any increase in habitable square footage would require Board of Health review and abutter notification.
· All to be completed within 6 months of this meeting
· Health Department to re-inspect upon completion
Pat LaRiviere seconded the motion.
SO VOTED UNAMIMOUSLY
V. APPEAL
5. Lori DeVeuve 20 Hoffman Court M-18 P-220
Lori DeVeuve and David LaJoie from Felco, Inc. presented.
The house is being sold and neither the Town nor the Owner has a Septic Design Plan on file. The house has been sold several times since the original system was installed without that plan and the owner cannot afford to replace the current system. Title 5 Inspections have been completed but due to the lack of an engineering plan on file, the project requires Board of Health review.
Susan Barker advised that the design plan is needed to show the flow so that the Health Department can ensure the system is adequate for the home. David LoJoie had prepared a sketch outlining the components, but was not aware that we needed to see the flow.
General Discussion included the following points:
· Can we get a design plan retrospectively? No, it would have to be dug up. David has inspected the system fully and can get soil test information.
· Can we update the SAS from the pit and move it as far from the wetlands as possible?
· David will prepare a plan to show a new SAS with increased setback from the wetland while maintaining vertical separation to the ground water
· The septic tank and D Box may be able to be reused if the tight test is OK
Dr. Lois Roth-Johnson made the motion to continue this to the November 17, 2011 meeting.
Dr. Martin Haspel seconded the motion.
SO VOTED UNAMIMOUSLY
6. Thomas Sayers 43 Indian Way M-17 P-596
Thomas Sayers presented. The family would like to expand the current very small kitchen by closing in the 400 sq. ft. garage and opening it up to the kitchen. The house is used 3 months a year by his mother. The lot is 22,651 sq. ft and has 4 bedrooms currently – 2 upstairs and 2 downstairs.
The original septic system was installed in 1974 and then repaired in 2000. Tom would like a variance to delay the system upgrade by a few years and to allow this kitchen expansion for his mother who now uses a walker. Tom acknowledges that the system should be upgraded at the time of sale or increase in usage to full time.
Dr. James Taylor made the motion to approve the renovation plan with the following conditions:
· Deed Restriction for:
1. Four bedrooms
2. Septic system must be upgraded to Title 5 at the earliest of either the sale/transfer of ownership or system failure
· Any increase in habitable square footage would require Board of Health review and abutter notification.
Dr. Martin Haspel seconded the motion.
SO VOTED UNAMIMOUSLY
VI. REVIEW
7. Lloyd Howard, Builder Shore Garden Condo. M-21 P-63B
Lloyd Howard presented. The owner would like to modify their current condo which has 2 bedrooms in the basement and 1 bedroom on the 1st floor. The modification would be to move 1 of the 2 bedrooms in the basement to a new partial 2nd floor that would only be over the bedroom on the 1st floor. The basement would be an open floor plan that would be a studio apartment for the owner’s son.
Pat LaRiviere made the motion to accept the plan with the following condition:
· Deed Restriction for 3 bedrooms
Dr. Lois Roth-Johnson seconded the motion.
SO VOTED UNAMIMOUSLY
VII. CORRESPONDENCE & OTHER INFORMATION
No additional correspondence or information
VIII. APPROVAL OF MINUTES
8. September 29, 2011 Meeting - Lois motioned, Bev seconded, SO VOTED UNAMIMOUSLY
IX. ADJOURNMENT
Meeting Adjourned at 4:30pm
Respectfully Submitted,
Laurie Gillespie-Lee
Operations Assistant
Board of Health
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