MINUTES
EASTHAM BOARD OF HEALTH MEETING
THURSDAY, MARCH 29, 2012 AT 3PM
Present: Dr. James Taylor, Chair, Lois Roth-Johnson, Pat LaRiviere, Dr. Martin Haspel, Jane Crowley, Susan Barker
Not Present: Beverly Knox
I. PUBLIC NOTIFICATION RE VIDEO AND/OR AUDIO TAPE
II. OPENING STATEMENTS
Jane Crowley provided the following updates:
· Rabies Clinic will be held on Saturday, March 31, 2012 from 9:30AM to 12:30PM at the back of the Town Hall and Police Department. This is a good opportunity to have your cat or dog vaccinated at a reduced cost.
· On the Environmental Project front:
o The Town is moving ahead with public presentations regarding municipal water supply for Eastham. There have been and will be meetings on this topic and if you have missed any, you can view them through Video on Demand on the Town website. The consultants met with the Board of Selectmen in March and that meeting is also available on the Town website.
o On March 20, 2012, Jane and George Heufelder, Barnstable County Health, provided a presentation to the public. Jane spoke about the water testing results related to the past 9 years. The data from these 9 years is a wealth of information on our private wells and provides us with the evidence of the impact we have on our environment. George spoke about wastewater and the concerns with the overall impact from it.
§ Pat LaRiviere noted that from these meetings she learned that nitrogen is only an indicator of other containments that may be present in the water.
§ Dr. James Taylor noted that water testing is very important to know what is going on with our water resources.
· Continuing conversation with Mike Diminica, from the firm CH2M Hill, regarding Rock Harbor. They are looking at all options available.
· Working with the Consultants and the Conservation Commission for the Ponds project. Focusing on the Permit process for the remediation plans. The target goal is to have the permit by May, however, the current transition in the Conservation Commission since the Conservation Agent left has resulted in some delays.
· Susan has been very busy with Rental and Restaurant Inspections. Susan has coordinated several training sessions which are being held in March, May and June as follows:
o Today, March 29, 2012 – Serve Safe Class
o May 1, 2012- Choke Saver Class
o June 20, 2012 – Food is Risky Business
· Health Clinics are being held in Eastham:
o May 18, 2012 – at the Council on Aging
o June 23, 2012 – at the Town Hall
Dr. Martin Haspel, speaking as the Chairmen of the Town Animal Advisory Committee:
· Complaints were filed with the Police last Saturday concerning many dogs not leashed at the Wiley Park parking lot.
· The Town of Eastham has a nice leash ruling for dogs which states that all dogs must be leashed UNLESS the dog is controlled by voice immediately and effectively. This kind of control is only obtained through advanced training for the dog and handler.
· Please follow the rules as currently set so that those who have taken the time to go through advanced training for Voice Control and continue to enjoy off leash time with their pets.
III. APPROVAL OF MINUTES
· January 9, 2012 (Workshop)
· January 26, 2012 (Meeting)
· February 13, 2012 (Workshop)
· February 16, 2012 (Meeting)
· March 19, 2012 (Workshop)
Pat LaRiviere made the motion to approve the minutes noted:
Dr. Lois Roth-Johnson seconded the motion.
SO VOTED UNAMIMOUSLY
IV. VARIANCE
1. Ryerson Nominee Trust 345 Nauset Light Beach Rear M-23 P-15
Continued from February 16, 2012
Tim Brady, East Cape Engineering presented.
· Based on the BOH meeting last month, the location and of the well and septic system have be rearranged to opposite corners of the property
· Spoke to Lauren McKean at the National Seashore and she is OK with the new locations
· Jane Crowley read the letter from Lauren to the committee confirming that she was comfortable with the new plans but that she has requested through the landowner’s engineer that the property owners cease mowing the adjacent government property bounded on 3 sides. Tim confirmed that the property monuments are in place at each corner.
Finding that the revised plans have relocated the well to address the concerns of the National Seashore and the Board of Health, the proposed plan was approved with the conditions noted below.
Dr. James Taylor made the motion to approve the revised plans dated February 24, 2012 with the following conditions:
· VOC and Routine Water Quality test results be provided of proposed well location to assure potability
· No increase in design flow be allowed
· No increase in habitable space without abutter notification and BOH review
· Deed Restriction for 4 bedrooms to be recorded
Dr. Lois Roth-Johnson seconded the motion.
SO VOTED UNAMIMOUSLY
2. Eastham Windmill Boardwalk, LLC 2470 State Highway M-15 P-65P
Continued from February 16, 2012
Tim Brady, East Cape Engineering presented.
· A plan for this property was approved by the BOH a number of years ago, however, since that time the ownership and the plans for the property have changed
· The last approval from the BOH was a design for an I/A septic system with a conversion of a 33 bedroom motel to a 14 unit condominium with 27 bedrooms
· The change in plans since that approval is fro a building that will have commercial spaces on the first floor and the 2nd floor will be residential units that have a total of 13 bedrooms. The balance of the bedroom floor from the previous plan would shift to the commercial spaces. There would be no additional flow to the original approved flow.
· The duplex in the front of the property would not change from the original project and that space is being finished now. This is part of the full septic system and the new owner will be using that space during the summer.
· The owners do not know yet what commercial uses will take place on the first floor and are proposing that they use a set number of gallons for that space. As commercial tenants lease the space, the owners will work with the BOH to determine the flow for that business and assign a portion of the number of gallons to those spaces until exhausted.
Jane Crowley advised that she had contacted Brian Dudley from the Southeast Region DEP to obtain the definition of what is considered new construction and what is considered a rebuild. If a structure existed prior to March 31, 1995, then it is not considered new construction at the time of demolition and rebuild. Based on this definition, this property project is considered a rebuild.
In addition, the affluent flow maximum being asked for is less than previously used and the same as approved by the BOH in December 2009. Tim advised that this new plan is more in line with the Zoning By-Laws based on the mixed use of commercial and residential spaces.
Based on the findings that the plan represents considerable environmental improvement and provides nitrogen reduction technology, the plan dated February 6, 2012 was approved with the conditions noted below.
Pat LaRiviere made the motion to approve the plans dated February 6, 2012 with the following conditions:
1. Routine water 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 remedial use approval conditions per DEP regulations including testing quarterly for total nitrogen, BOD, TSS, Nitrate-nitrogen not to exceed 19 mg/ml. After 2 year period of operation reduction of testing could be requested to BOH by owner. Operator will be required to submit results via the web based Carmody Data Base system operated by Barnstable County Department of Health and the Environment (when the data base is available) or provide reports to Eastham Board of Health.
4. Operation and maintenance agreement to be submitted to EBOH. Operation and maintenance agreement to be required for life of the system.
5. Deed restriction for 13bedroom use, 6686 sq. ft. of commercial space to be designated to specific use not to exceed 2,970 g.p.d. and use Advantex AX 100 alternative technology requirement to be recorded on deed. Bring modifications to the BOH as established. Proposed use to be reviewed by the BOH before occupancy.
6. Designer to verify proper operation of the system prior to issuance of Certificate of Compliance
7. Require DEP approval of reclassification of PWS and resulting Zone 1 radius
8. Plan to subject to Barnstable County Department of Health and Environment comments and review
9. Condominium agreement should be provided that will detail ownership responsibilities related to operation and management of the septic system and share facilities. I would recommend the Board of Health require escrow funds to cover operational costs and possible repairs that might become necessary. Town Council should review and approve any such agreement prior to approval.
10. Sole ownership to be stated in writing prior to final approval
11. If converted to condominium ownership, require establishment of escrow account and assurance bond for amount to be determined prior to conversion.
Dr. Martin Haspel seconded the motion.
SO VOTED UNAMIMOUSLY
3. Jill & Daniel Rubalcaba 47 Longstreet Lane M-10 P-342A
Tim Brady, East Cape Engineering presented.
· The well on this property is currently shared with the property at 45 Longstreet Lane
· The property has a Bioclere Septic System
· The owner wants to put in a separate well for this property only however that will require a variances to both the S.A.S. and the road property line
Tim and Jane discussed this earlier and agreed it would be best to have a well on the property itself with a variance rather than a shared well
Pat LaRiviere made the motion to approve the plan dated February 26, 2012 based on the fact that the property would no longer share a well.
1. No increase in flow allowed
2. Well to be tested for VOC and Routine parameters
3. 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). Nitrate nitrogen not to exceed 19 mg/l. After 2 year period of time reduction of testing could be requested to BOH by owner.
4. Operator to report results via Carmody Data Base provided through Barnstable County Health or directly to the Eastham Health Department if not available. Operation and maintenance agreement to be required for life of the system.
5. Deed restriction for 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. Subject to Conservation Commission approval
8. Any increase in habitable square footage would require abutter notification and Board of health review.
Dr. Martin Haspel seconded the motion.
SO VOTED UNAMIMOUSLY
4. Francis Skarin 30 Longstreet Lane M-10 P-363
John O’Reilly, J.M. O’Reilly and Associates, Inc. presented.
· Property currently has a cesspool and is a very small lot
· The best feasible option is a Septi Tech system
· Leave well as is and hold 52’ distance from S.A.S.
· No alterations planned for the house. It is a 3 bedroom cottage
Dr. James Taylor made the motion to approve the plan dated February 9, 2012 as the plan achieves maximum feasible compliance with the following conditions:.
1. No increase in flow allowed
2. Existing well to be tested for Routine parameters
3. 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 for seasonal use). Nitrate nitrogen not to exceed 19 mg/l. After 2 year period of time reduction of testing could be requested to BOH by owner.
4. Operator to report results via Carmody Data Base provided through Barnstable County Health or directly to the Eastham Health Department if not available. Operation and maintenance agreement to be required for life of the system.
5. Deed restriction for use 3bedrooms and Septitech 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 abutter notification and Board of health review.
Pat LaRievere seconded the motion.
SO VOTED UNAMIMOUSLY
5. Robert Maier 3 West Shore Drive M-7A P-3
Tim Brady, East Cape Engineering presented.
· The BOH reviewed this property last year and granted approval for an innovative alternative system which has been installed
· The house has been sold and the new owner would like to remodel the house
· The remodel would include a full foundation in place of the current pilings and the house will be larger
o Current house is about 24’ by 30’
o Proposed additions is 10’ by 24’ with a 2nd floor over it including the addition of the basement
o The overall increase in size will be an approximate 60% increase in size
· The lot is 14,000 sq ft
The Board of Health would like additional detail on the structure and Tim agreed to provide the BOH with detailed floor plans. The abutters wells should also be reviewed along with other options based on the size of the lot.
Tim is filing with Conservation and Planning. He thought he would have been through them before the BOH meeting and Tim requested a continuance to April 2012. Tim also noted that no work will be done on the property prior to September 15, 2012 due to the concerns raised by neighbors when the I/A system was installed during the summer of 2011.
Jane noted that if additional variances are created by the foundation, the a new abutter notification must be done.
Dr. Martin Haspel made the motion to approve the request for a continuance to April 26, 2012.
Pat LaRievere seconded the motion.
SO VOTED UNAMIMOUSLY
V. PUBLIC HEARING
6. Dell Realty Trust/David Delgizzi 2855 State Highway M-12 P-14B
Withdrawn
Based on a recent inspection, all concerns have been addressed and this rental property is now in compliance as of the date of the inspection.
VI. REVIEW
7. 4360-4380 State Hwy LLC 4360-4380 State Hwy M-8 P-146A
Tim Brady, East Cape Engineering presented.
· Small building to right of Stewarts Restaurant has been various retail businesses in past
· They now want to sell gelato from half of this building – not make it there, just sell it and continue the current business in the other half.
· To do this, they need to connect to the current I/A system and well
· There was an outstanding signed O & M for the current I/A but Tim provided Jane with a copy at the meeting
· The property also needed a new water meter and Tim confirmed that this has been done.
· Jane advised that they will have to meet all food establishment requirements such as a 3 bay sink, proper refrigeration, etc.
Dr. Lois Roth-Johnson made the motion to approve the proposed plan considering that all outstanding requirements were now fulfilled.
Pat LaRievere seconded the motion.
SO VOTED UNAMIMOUSLY
8. McShane Construction 17 Dory Lane M-8 P-191G2
19 Dory Lane M-8 P-191
Glenn Dumont, McShane Construction presented.
· Reviewed the plans for the 2 houses to be build at 17 and 19 Dory Lane
· 1 Bedroom Cape with a Garage
· Both houses are exactly the same
Dr. Martin Haspel made the motion to approve the proposed plans
Dr. James Taylor seconded the motion.
SO VOTED UNAMIMOUSLY
9. McShane Construction 54 Dory Lane M-8 P-191AA
Glenn Dumont, McShane Construction presented.
· Reviewed the plans for the house to be built at 54 Dory Lane
· 2 Bedroom Cape with a Garage
Pat LaRievere made the motion to approve the proposed plan
Dr. Lois Roth-Johnson seconded the motion.
SO VOTED UNAMIMOUSLY
NOTE – Jane Crowley and Glenn Dumont will conduct a site visit of the project at Brackett Landing to reconcile the current bedroom count based on the maximum number originally approved for the project. Glenn estimated that 80% of the homes in Brackett Landing are occupied year round.
VII. CORRESPONDENCE & OTHER INFORMATION
Jane advised that the septic system at 160 Quail Cover Lane has been upgraded to Title 5. The cesspool at this property failed in July 2011 and due to a request from the homeowner, a permit to repair the cesspool was issued at that time. A condition of that permit was to have a Title 5 installed by December 31, 2011. The Title 5 system was installed and inspected in November 2011. The As-Built was received in March 2012 and the Certificate of Compliance issued at that time.
Susan Barker reviewed a property with the BOH that has rental advertisements stating it sleeps 13 and we do not have on record either a water test or rental certificate. Susan has sent a letter to the property owner asked that he call her to schedule a rental inspection by April 13, 2012.
VIII. ADJOURNMENT
4:30 PM
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