MINUTES
EASTHAM BOARD OF HEALTH MEETING
THURSDAY, JANUARY 26, 2012 AT 3PM
Present: 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. James Taylor reviewed the pumping reminder program provided by the Health Department. Postcards are mailed to all property owners that we do not have a record of the septic system being pumped within the past 3 years. The postcards are not an order to pump but rather a reminder for the property owner to determine if it is time for their system to be pumped. Proper maintenance of septic systems is important to maintain the quality of our water.
Dr. Taylor also advised that through the generosity of Mr. Tom Johnson and Dr. Lois Roth-Johnson, a receptacle has been placed in the Police Department for the collection and proper disposal of all prescription and over the counter medications that are no longer needed or that have expired. Dr. Lois Roth-Johnson explained that proper disposal of medications is an important protection of our environment and benefits our community. Any one from any town can drop off unwanted medications 24 hours a day, 7 days a week. Lois also wanted to thank the Eastham Police Department for their support of this. A copy of the Press Release dated January 18, 2012 was provided to the BOH in their packets.
Jane Crowley provided updates from the Health Department:
· Jane and Sheila Vanderhoef met with Environmental Partners and some Finance Professionals to discuss a variety of finance options for this infrastructure. Jane and Sheila are also requesting assistance through the Cape Cod Water Protection Collaborative to gain access to their financial analyst, Bob Ciolet. Bob has been very helpful during this process and is much appreciated.
· Jane, Sheila and our consultant also met with the National Seashore Representatives regarding District H. It was a very technical session regarding our projects and they were very impressed with our data concerning water quality. Jane actually found a report from 20 years ago and for the most part, the projections noted were right on target. The one point not on target concerned District H and it was due to the fact that geologic and hydrogeologic information currently available is much more extensive
today.
· Jane met with George Hoelfelder, from County Health, regarding our water testing program and our presentation of the results to the public. George will augment Jane’s presentation at a higher level. The meeting has not yet been scheduled but will be at the end of February or early March.
· Next week is busy so if anyone wants to attend one of the following meetings, please feel free:
o Tuesday, Jan. 31, 2012 at 9AM – Town of Eastham and Cape Cod Water Protection Collaborative will meet with a technical consultant, Mike Diminica, from the firm CH2M Hill regarding alternatives to reduce waste water, nitrogen loading and the requirements to reduce nitrates. This will be specific to Rock Harbor and the Dyer Prence Road area. Jane will send an email to the BOH to confirm this information.
o Wednesday, Feb. 1, 2012 at 1PM – The Pond project meeting that was cancelled in January due to scheduling conflicts will meet.
III. VARIANCE
1. Thomas & Linda Cimillo 445 Turnip Road M-7 P-491
Eric Mitchell from J.C. Ellis Design Co. presented. The property owners are requesting a 1 year extension to the approval that was given on February 17, 2011. The finding at that meeting was that the applicant had submitted plans with secondary treatment.
Dr. Lois Roth-Johnson made the motion to grant the extension with the same conditions approved on February 17, 2011.
a. Routine and VOC water quality test results be provided of proposed well location to assure potability
b. No increase in design flow be allowed
c. Secondary treatment and monitoring under remedial use approval conditions per DEP regulations including testing quarterly for total nitrogen, BOD, TSS, Nitrate Nitrogen (or 2 times per year for seasonal use). After a two year period of time reduction of testing could be requested to BOH by owner. Nitrate-nitrogen not to exceed 19 mg/L.
d. Operation and maintenance agreement to be submitted to EBOH. Operation and maintenance to be required for the life of the system. Operator to report results via Carmody Database provided through Barnstable County Health or directly to the Eastham Health Department if not available.
e. Deed restriction for 3 bedroom use and use of a single home FAST alternative technology requirement to be recorded on deed
f. Designer to verify proper operation of the system prior to issuance of certificate of Compliance
g. Subject to Conservation Commission approval
h. Any increase of habitable square footage would require Board of Health review and abutter notification
Pat LaRiviere seconded the motion.
SO VOTED UNAMIMOUSLY
2. William & Elizabeth Hurley
120 Huckleberry Lane & M-7 P-346
720 Shurtleff Road M-7 P-326
Eric Mitchell from J.C. Ellis Design Co. presented. The property owners are requesting a 1 year extension to the approval that was given on February 17, 2011. The system will be installed spring of 2012. The finding at the February 17, 2011 meeting was that the plan achieves maximum feasible compliance.
Pat LaRiviere made the motion to grant the extension with the same conditions approved on February 17, 2011.
a) No increase in flow allowed
b) Deed restriction to 2 bedroom on parcel 326 and 4 bedrooms on parcel 346 and the use of Shared Advantex AX20 3B Innovative Alternative septic system to be recorded on the deed
c) Existing wells to be testes for Routine parameters
d) Require legal statement of well variance, variance for deeded well easement by owner’s Attorney, to be recorded and enacted at time of transfer
e) Subject to DEP approval for Shared Use System grant of Title 5 Covenant and Easement
f) Secondary treatment and monitoring under general use approval conditions per DEP regulations including testing quarterly for total nitrogen, TSS, BOD, and Nitrate nitrogen not to exceed 19 mg/L (or two times per year for seasonal use). After two year period of time reduction of testing could be requested to Board of Health by owner
g) Operation and maintenance agreement to be submitted to EBOH. Operation and maintenance agreement required for life of the system. Operator to report results via Carmody Data Base provided through Barnstable County Department of Health and Environment or directly to Eastham Health Department
h) Designer to verify proper operation of the system prior to issuance of Certificate of Compliance
i) Any increase in square footage would require Board of Health review and abutter notification
Dr. Lois Roth-Johnson seconded the motion.
SO VOTED UNAMIMOUSLY
IV. REVIEW
3. Robert & Ruth Grande 35 Bridge Pond Road M-13 P-38
Tim Brady from East Cape Engineering presented. The BOH reviewed and approved a plan for this property in August 2011. The plan at that time was to remodel the existing 4 bedroom house. The owners have changed those plans and want to demolish the existing house and garage, to replace them with a house that is basically the same as the previous plan with minor changes. The changes are in the footprint and the layout of the basement.
The original remodel plan in August 2011 represented an increase in habitable space of over 100% of the existing house. In the revised plan, the change would be to move the bedroom in the basement to the 2nd floor of the garage and the size of the house will increase by an additional 183 sq ft. The footprint will change as the house will be located 40 feet closer to the street.
Discussion took place concerning the size of the house on the 27,750 sq ft lot. The house is doubled in size from the existing house which is due mostly to the fact that the existing basement is not habitable yet the proposed is.
Finding that the bedroom count is still 4, there are no variances needed for the project, and there is no significant increase in habitable space since BOH review on August 25, 2011, the BOH had no further comments or discussion.
Dr. James Taylor made the motion to approve the plan dated January 17, 2012 with the same conditions approved on August 25, 2011.
a) Deed restriction for 4 bedroom use
b) The basement media room to be redesigned to remove the windows, open the room to the workout room and open the stairway from the first floor. (Based on the revised plan, this has been addressed.)
c) No additional increase in habitable space without notification to abutters and BoH review
Beverly Knox seconded the motion.
MOTION CARRIED BY VOTE - YES 3, NO 2
4. Gary & Colleen Wolf 500 Ocean View Drive Rear M-24 P-7
Peter Coneen, LLC and Emily Beebe, Registered Sanitarian presented. Due to the inaccuracy of the “As Built” designed in 1996, the existing septic tank needs to be relocated. The new location will be as shown on the plan dated 6/22/2010 and was approved by the BOH on August 26, 2010. That plan has been revised effective 7/18/2011. In addition, it has been determined that the current tank is leaking and must be repaired.
The findings confirmed that there is no environmental detriment, the revised plan is an improvement for the community and the owner is losing land.
Pat LaRiviere made the motion to approve the plan with the same conditions approved on August 26, 2010.
a) No increase in flow allowed
b) Deed restriction for 3 bedrooms (to be filed with the Registry of Deeds and a copy submitted to the Town of Eastham Health Department)
c) Wells to be tested for VOC and Routine parameters
d) Existing components to be protected from construction damage
Dr. Lois Roth-Johnson seconded the motion.
SO VOTED UNAMIMOUSLY
V. CORRESPONDENCE & OTHER INFORMATION
· Notice to Abate Violations was issued on January 3, 2012 for the property located at 2855 State Highway, M 12, P 14B. A copy of the notice was shared with the BOH for their information. The notice states that the violations must be corrected within 30 days from the date of receipt of the notice which was January 16, 2012 for this notice.
· Dr. Martin Haspel asked for a process change. When a variance or review being presented to the BOH has had a previous meeting with the BOH, please include the minutes from that previous meeting in the packet for that specific case.
· For a future workshop, the BOH would like to look at renovations, and the various degrees of them versus new construction – also known as Residential Alterations. Jane will schedule a meeting to include Patrice Carson and Frank DeFelice if possible. The BOH agreed that Monday, February 13, 2012 at 9AM was a good date and time for the workshop.
· John Knight asked questions about habitable space and how that applies to the BOH decisions. His understanding is that the number of bedrooms is the driver of the BOH decisions and not the square footage of the house. Discussion took place and this will be a topic for a future workshop.
VI. APPROVAL OF MINUTES
5. December 29, 2011
Dr. Lois Roth-Johnson made the motion to approve minutes.
Pat LaRiviere seconded the motion.
SO VOTED UNAMIMOUSLY
6. January 9, 2012 (Workshop)
Minutes still outstanding so will be moved to the next meeting.
VII. ADJOURNMENT
4:04PM
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