MINUTES
EASTHAM BOARD OF HEALTH MEETING
THURSDAY, APRIL 26, 2012 AT 3PM
Present: Dr. James Taylor, Chair, Lois Roth-Johnson, Pat LaRiviere, Dr. Martin Haspel, Beverly Knox, Jane Crowley, Susan Barker
Not Present:
I. PUBLIC NOTIFICATION RE VIDEO AND/OR AUDIO TAPE
II. OPENING STATEMENTS
Pat LaRiviere advised everyone about the upcoming Health Fairs in Eastham; May 18, 2012 at the Council on Aging and June 23, 2012 at the Eastham Town Hall. Information will be provided on many topics for all family members so please stop by.
Dr. James Taylor reminded everyone that anything we put on our land gets into our aquifer and impacts our drinking water. Fertilizers are one of the items that filter to our aquifer. Please do not fertilize and if you must, please use as little as possible to reduce the impact to our drinking water.
Dr. Lois Roth-Johnson noted that Saturday, April 28, 2012 is Drug Take Back Day and the event is recognized nationwide. There is a collection box at the Eastham Police Department to dispose of your outdated and no longer needed prescription and non-prescription medications including your pet medications. Disposing of your medications in this manner does not impact our environment and aquifer.
Jane Crowley provided updates as follows:
· Susan Barker has been busy with inspections for Restaurants, Hotels, and Rental Properties based on the coming season. Barnstable County is very supportive of us during this time and will be providing us with a part time sanitarian to help during the summer season.
· Saturday, April 28, 2012 at 9AM a meeting will be held to discuss and review the municipal water project and plan.
· Jane will attend a meeting with the BOS and our consultants on May 2, 2012 concerning the Landfill and the environmental monitoring plan.
· The Health Department will host 2 Choke Saver training sessions provided by the Medical Reserve Corp. (MRC) on May 1, 2012. The BOH asked if the sessions could be conducted for the public going forward and Jane confirmed that they will consider that based on the results and feedback from the 2 sessions along with the general interest for the training.
o Dr. James Taylor noted that the best solution to choking is to prevent it. Don’t talk or laugh while eating and chew your food well.
· The Pond Restoration project has cleared the first hurdle which was the endangered species filing. The consultants will meet with the Conservation Commission on May 22, 2012 at 7PM and everyone is invited to attend the meeting.
· The Cape Cod Water Protection Collaborative is scheduling meetings to discuss water at a local level. We hope that people will participate in these meetings with the Collaborative and the Town of Eastham.
· A Food Service Training session is scheduled for June and the attendee list is packed – a very good turnout.
III. APPROVAL OF MINUTES
· March 29, 2012 Meeting
Pat LaRiviere made the motion to approve the minutes noted:
Dr. Lois Roth-Johnson seconded the motion.
SO VOTED UNAMIMOUSLY
IV. VARIANCE
1. William Beardsley 95 Armour Drive M-11 P-102
Stephen Haas, Eagle Surveying, Inc. presented.
A request for a building permit to renovate the house kicked off a review of the Septic System which was found to be a cesspool. To upgrade the system to a Title 5 system requires 2 variances – 1 to the property line and 1 to the owner’s well.
The renovation is to convert the current 1st floor bedroom to a dining room and to finish the 2nd floor of the house to a bedroom, bathroom and family room.
The BOH asked for revised plans to show a proposed future well location that would meet the 100’ setback. The revised plans should be submitted to the Health Department
Dr. Lois Roth-Johnson made the motion to accept the plans with the following conditions:
· No increase in flow allowed
· Deed restriction for 3 bedroom use recorded with Barnstable Registry of Deeds and a copy provided to the Eastham Health Department
· Existing well to be tested for routine parameters
· Design plan show replacement well “future well location” to be submitted for approval and installed when new well is required if existing water quality is acceptable
· Any increase in habitable space to require Board Of Health review and abutter notification
Dr. Martin Haspel seconded the motion.
SO VOTED UNAMIMOUSLY
V. REVIEW
2. Robert Maier 3 West Shore Drive M-7A P-3
(Continued from March 29, 2012)
Tim Brady, East Cape Engineering presented. Tim provided the BOH with revised plans that were not available at the time of the packet preparation. The revised plans are based on a discussion Tim and Jane Crowley had concerning the inclusion of “Additional Reductions Requested” on the plan.
For background, the BOH approved the current I/A Septic System in May 2011 based on the existing building on the property. The new owner now wants to increase the size of the house by adding a full basement and relocating 2 bedrooms from the 1st floor to the 2nd floor.
Tim advised that the Conservation Review is still pending and that this house can not be accessed by car, but rather the need to walk a right away through a neighbor’s property. The renovation property will also require a review by the Planning Board. The current I/A system is not yet being used operationally so there are no results to review on it.
Beverly Knox made the motion to accept the plans with the original conditions from May 26, 2011 plus an additional condition as follows:
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 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 testing 2 year period of time, reduction of testing could be requested to BOH by owner.
4. Operation and maintenance agreement to be submitted to 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. (Contract on File)
5. Deed restriction for 3 bedroom use and use alternative technology requirement to be recorded with Barnstable Registry of Deeds and a copy provided to the Eastham Health Department. (Recording of deed is on file)
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 space to require Board Of Health review and abutter notification
9. Any changes in the plan would require Board of Health approval
Dr. Martin Haspel seconded the motion.
SO VOTED, YES - 4, NO - 0, ABSTAIN - 1
3. Gary Brosnahan 118 Bay Road M-7 P-527
Stephanie J. Sequin, Ryder & Wilcox presented.
The owner would like to add a 10’ X 12’ structure to the current house which will increase the size of 1 bedroom and add a bathroom. A porch will be added to the structure as well.
The BOH reviewed this property in 2003 and approved an I/A system which is functioning as required and a contract is on file. The effluent tests for the existing FAST system are within acceptable standards. The proposed project is an additional 120 sq ft and does not result in any additional flow.
During the meeting, it was noted that the Barnstable County database does not have the septic effluent and testing results on file. During the meeting, Stephanie provided the results to Jane Crowley for review. The Eastham Board of Health asked that the homeowner please contact Barnstable County Department of Health at 508-375-6605 to have the operator update this information through the Carmody system.
Pat LaRiviere made the motion to accept the plans as presented.
Dr. Lois Roth-Johnson seconded the motion.
SO VOTED UNAMIMOUSLY
4. James Bright 440 Massasoit Road M-8 P-151
James Bright presented for himself.
James would like to build a 24’ X 24’ garage with an office and bathroom on the 2nd floor. The garage will be used for his oyster business. There is currently no septic plan on file which is the minimum standard required used to determine if it can support the proposed addition of habitable space.
Jane Crowley reviewed the following points:
· James bought the property in August 2004
· In 2004, the BOH adopted the requirement that an engineered plan be on file to ensure adequacy for any renovations or additions
· Private well nitrate levels at this property have been high. EPA limit is 10 mg/L however, based on Eastham’s sandy soil, a nitrate result of 5 mg/L or more is a concern.
· The neighboring property just upgraded their septic system
· The previous owner signed a Homeowner Disclaimer in 2002 confirming that a septic plan was not available
· The Title 5 Inspections in 2000 and 2004 both noted that no plan was on file
· The 2000 Title 5 Inspection report noted, on page 9, that the septic system did not meet the standards of a Title 5 system
Regarding the proposed building project, the office on the 2nd floor meets the definition of a bedroom. Currently, the house has 1 bedroom and the shed has 1 bedroom. The room over the garage would result in 3 bedrooms on a lot that can only have 2 bedrooms.
The current regulation has been in place for 8 years and the BOH has upheld it for others who have come to the BOH for review. Jane suggested if a septic upgrade was done, the current tank may be able to be reused which could reduce the cost of an updated system. Also, the county offers a program to help people with the cost to upgrade if he qualifies.
Pat LaRiviere made the motion to deny the plan as presented.
Dr. Martin Haspel seconded the motion.
SO VOTED UNAMIMOUSLY
VI. CORRESPONDENCE & OTHER INFORMATION
Jane handed out a summary of the 2011 Beach Testing results for the board’s information. For 2012, testing of Salt Pond and Jemima Pond have been added based on a recommendation from Natural Resources and approval from Barnstable County.
A copy of a letter regarding a complaint was provided to the BOH. The Health Department does not have an update and will let the BOH know when they do have one.
Dr. James Taylor advised the BOH that members of the Board must take the Ethics exam every 2 years. So if they have not taken it recently, they should do so and can access it through the internet.
Eastham Family Health Fair – Dr. Lois Roth-Johnson sent the 12 topics that she would recommend for the fair to Dr. James Taylor. Others on the BOH should do the same. Dr. Taylor asked if Jane and Susan could then pass out flyers to the High School, Library etc. and they agreed.
Barnstable County has confirmed that nymph ticks are out and they are showing a high positive test result for Lyme. Be sure to check your pets and yourself after being outside in areas that are prone to ticks.
VII. ADJOURNMENT
4:30PM
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