MINUTES
EASTHAM BOARD OF HEALTH MEETING
THURSDAY, DECEMBER 29, 2011,
3PM
Present: Dr. Dr. James Taylor, Chair, Lois Roth-Johnson, Pat LaRiviere, Beverly Knox, Dr. Martin Haspel, Jane Crowley, Susan Barker
Not Present:
I. PUBLIC NOTIFICATION RE VIDEO AND/OR AUDIO TAPE
II. OPENING STATEMENTS
Dr. Lois Roth-Johnson reminded everyone to be careful of Ticks. Even though the temperature is cold, ticks are still active and while people bundle up, our dogs do not and can easily pick up ticks during a walk. As an FYI – Ticks found can be sent to the Vet Lab to be tested for Lyme. So, if you find a tick that has bitten either yourself or your pet, you can test the tick to see if you have been exposed to Lyme.
Pat LaRiviere stated that Flu shots are still available and it is not too late to get your shot.
Jane Crowley:
· On December 5th, Environmental Partners gave a presentation update on the project. The financial analysis is still ongoing along with the peer review.
· Unused prescription medication seminar – Jane and Susan Barker attended a seminar on December 9, 2011 that was fantastic. The 7 to 8 speakers discussed various aspects of the topic.. This would be a good connection for us to make to join efforts with Eastham’s water testing. The seminar was videotaped and it will be posted on the website. Jane will send out the link when it is available.
o Dr. James Taylor wanted to explain that it is important to control the disposal of medications and to not flush them down the toilet as this will put them into our aquifer. The Town of Eastham provides the community opportunities 2 times a year to dispose of unused/unwanted medications properly.
· Both the Water Management Committee and Board of Health Workshop met this month. Jane presented an update of the Nitrate Program results to both along with a draft of the findings. Jane is now working with County to build a presentation for the public.
o Dr. James Taylor reiterated that this testing program has been conducted over the past 9 years and we have received 10,000 plus samples during that time. It is important to understand that we all share our water and our population is growing so the impact to our water will also increase.
· Pond Project – The Eastham community has a high level of interest in this project. The recommendations made by the consultants have received a consensus support and vote from 2 committees to date, the Board of Selectmen and the Board of Health. The 2 ponds selected for remediation this year are Herring and Minister/Schoolhouse ponds. The details of the remediation are now being worked on.
III. VARIANCE
1. Lori DeVeuve 20 Hoffman Court M-18 P-220
David Lojoie of Felco, Inc. presented and handed out a new plan to replace the leach area but to reuse the current septic tank and D box as an inspection has shown that they are fine.
After reviews with the EBOH in October and November, the decision was made to upgrade the leach area which will result in environmental improvement to the property. The finding was made as the plan represents maximum feasible compliance due to the constraints of this environmentally sensitive property.
Dr. Lois Roth-Johnson made the motion to accept the plan as submitted.
Dr. Martin Haspel seconded the motion.
SO VOTED UNAMIMOUSLY
2. Joseph Eagle 350 Steele Road M-4 P-125
Jason Ellis presented. Due to the constraints of the small lot, (7,550 sq. ft), variances are being requested to the setbacks to the well, lot line and foundations. Also, a variance in the size of the leach field, reduction by 25%, is being requested.
The review found that due to the constraints of this lot and based on the plans submitted with secondary treatment, the proposed septic plan andlocation to the site well provides more environmental protection with the elimination of the current cesspool.
Pat LaRiviere made the motion to accept the plan with the following conditions:
a. Routine water quality test results be provided of existing well location to assure potability
b. Operation and maintenance agreement to be submitted to the Eastham Board of Health (EBOH). 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.
c. Secondary treatment and monitoring under remedial use approval conditions per DEP regulations including testing quarterly for total nitrogen, BOD, TSS, Nitrate (or 2 times per year fro seasonal use). Nitrate-nitrogen not to exceed 19 mg/l. After 2 year period of time, reduction of testing could be requested to EBOH by owner.
d. Deed restriction for 3 bedroom use and use Advantex AX20 Technology alternative technology requirement to be recorded on deed. No increase in design flow be allowed.
e. Designer to verify proper operation of the system prior to issuance of Certificate of Compliance
f. Any increase in habitable square footage would require EBOH review and abutter notification
It was also noted that the DPW Director was asked to review these plans.
Dr. Martin Haspel seconded the motion.
SO VOTED UNAMIMOUSLY
IV. REVIEW
3. Frederica Kelly 300 Mill Road M-11 P-75
Frederica Kelly presented. Frederica wants to add a room in place of the existing deck. This new room will be heated and be about 120 sq ft in size. It will be connected to the mud room. During the discussion, it was explained that the Dining Room was a Bedroom and that currently the house only has 2 bedrooms on the 2nd floor. The current septic system was set for a 3 bedroom house and that system was placed with variances on it.
Based on the fact that the house no longer has 3 bedrooms, Jane Crowley explained that the size of the lot is 8,712 sq ft which would only provide for a 1 bedroom house under today’s BOH regulations. This house was a 3 bedroom house, but when a bedroom is given up, it cannot be replaced in the future. Therefore, this house is now considered a 2 bedroom house.
Based on this plan and the fact that each room can only be accessed via another room (no privacy provided in any of the rooms on the 1st floor) a deed restriction will not be requested at this time.
Beverly Knox made the motion to accept the plan with the following condition:
a. Any additional change in the footprint or shadow of the dwelling would require EBOH review and abutter notification.
Dr. Lois Roth-Johnson seconded the motion.
SO VOTED UNAMIMOUSLY
4. Charlotte Kalley 40 Serb Street M-5 P-226
Bob Sheldon presented. Approval is being requested to accept the current septic system for a 4 bedroom house.
The house currently has 4 bedrooms and the septic system applied for in about 1982 was based on a design for a 2 bedrooms but the design was for 3 bedrooms and the flow for 4 bedrooms. Based on this, the septic system is adequate for 4 bedrooms.
Dr. Lois Roth-Johnson made the motion to approve the current septic system as adequate to support a 4 bedroom house with the following condition:
a. Deed restriction for 4 bedroom use requirement to be recorded on deed.
Dr. Martin Haspel seconded the motion.
SO VOTED UNAMIMOUSLY
V. REDUCTION IN TESTING
5. Peter & Susan Miller 1900 Herringbrook Rd M-10 P-57
Peter Miller presented. The alternative system has been in use for 2 years and the owner has a signed contract for testing 4 times per year. The house is only used seasonally and they would like to reduce the testing requirement to 2 times per year.
Jane advised that the Carmody system only reflects 2 tests in the past 2 years and those 2 tests were for February 1, 2011 and May 12, 2011. We do not have a record of the 2 tests in 2010 that Mr. Miler has noted (July 26, 2010 and November 17, 2010).
Jane confirmed that the 2011 data looks good and would like a copy of the 2010 data for our records. Mr. Miller will send this information to Jane.
Dr. Taylor asked if future testing could be done in September and May which is consistent with other Innovative Alternative systems in Eastham. Mr. Miller agreed.
Dr. James Taylor made the motion to reduce the testing requirement to 2 times a year.
Dr. Lois Roth-Johnson seconded the motion.
SO VOTED UNAMIMOUSLY
VI. REQUEST FOR EXTENSION TO NOTICE TO ABATE VIOLATIONS
6. Robert Lambroschino 30 Governor Prence Rd M-18 P-103
Robert Lambroschino presented. Due to the illness of the current tenant, the contractors have not been able to gain access to the home to make all of the needed repairs. Therefore, Mr. Lambroschino is requesting an extension of 2 months to complete the corrections noted in letter of violation dated November 17, 2011.
Susan Barker advised that she conducted a partial re-inspection on December 21, 2011 and that some items had been addressed:
· The carpeting has been replaced
· Lock on the internal door has been fixed
· External entry door has glass rather than screen and the lock has been fixed
Dr. Lois Roth-Johnson made the motion to extend the correction date for all repairs to February 29, 2012.
Pat LaRiviere seconded the motion.
SO VOTED UNAMIMOUSLY
VII. PUBLIC HEARING - EASTHAM BOARD OF HEALTH REGULATIONS
7. Section III; Human Habitation; A.3 – Fee for Certificate of Registration
Jane recommended that the specific fee amount be removed from this section and that it simply refer to the current fee. In that way, any changes to the specific fee would not result in the need to update this section and republish it at each change.
Pat LaRiviere made the motion to accept Jane Crowley’s recommendation.
Dr. Lois Roth-Johnson seconded the motion.
SO VOTED UNAMIMOUSLY
VIII. EASTHAM BOARD OF HEALTH
8. Approval of 2012 BOH Variance Hearing Schedule
The BOH reviewed and agreed to the proposed 2012 Variance meeting schedule. If any changes are needed during the year, they will be made and posted at that time.
9. Approval of Annual Licenses & Seasonal Licenses
The BOH reviewed the 2012 list of licenses pending issuances to date under the direction of the BOH. Each category (noted below) was reviewed, approved and signed off on. The signed copy will be maintained in the Health Department and a copy will be provided to the Town Clerk.
· Food Establishments
· Motels, Campgrounds, Inns
· Swimming Pools, Whirlpools
· Sale of Milk and Cream
· Manufacture Ice Cream
· Sale of Tobacco
· Septic Installers
· Septic Haulers
· Refuse Haulers
· Special Permits
IX. CORRESPONDENCE & OTHER INFORMATION
a) Jane provided the BOH with an interesting report she received re the Massachusetts Cancer Registry. Jane pointed out that the report noted the high incidence of melanoma on the Cape and noted that it was good that we presented a segment on Sun Safety at Windmill Weekend to raise awareness of this.
The BOH noted that some cancers are occupational and some environmental. Also the population in Eastham is older and that would impact the results as well.
The BOH asked Jane to continue to provide information like this to them as it was very interesting and could be applied to future events that the BOH participates in.
b) January Workshop set for Monday, January 9, 2012 at 9AM. The BOH Members will send topics of interest to Jane for that workshop.
c) The BOH asked if per the Charter, should the BOH have a joint meeting with the Board of Selectmen, or Planning or Conservation. Jane will check into and advise.
X. APPROVAL OF MINUTES
10. November 17, 2011
Approved by the BOH and signed by Dr. James Taylor.
11. December 13, 2011 (Workshop)
Approved by the BOH and signed by Dr. James Taylor.
XI. ADJOURNMENT
Adjourned 4:36PM
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