MINUTES
EASTHAM BOARD OF HEALTH MEETING
THURSDAY, May 31, 2012 AT 3PM
Present: Dr. James Taylor, Chair, Lois Roth-Johnson, Pat LaRiviere, Dr. Martin Haspel, Beverly Knox, Susan Barker
Not Present: Jane Crowley
I. PUBLIC NOTIFICATION RE VIDEO AND/OR AUDIO TAPE
Dr. James Taylor advised the attendees of the meeting accordingly.
II. OPENING STATEMENTS
Pat LaRiviere reminded everyone about the upcoming Eastham Family Health Fair on Saturday, June 23, 2012 from 9AM to 12PM at the Town Hall. The BOH wanted this fair for all members of families and to increase people’s opportunity to attend, they chose to schedule it on a Saturday.
Susan Barker provided updates:
· June 20, 2012 the Health Department will be hosting a class on Food Handling is a Risky Business. It is free to all restaurants and business that sell food but they do need to register for it. Susan will be sending out an email to all establishments regarding this class.
· The Health Department has been busy conducting inspections for opening of restaurants, pools, motels, rental homes and other food establishments. Most have now been inspected and are open for business with a few still pending.
III. APPROVAL OF MINUTES
· April 26, 2012 Meeting
· May 14, 2012 Workshop
Beverly Knox made the motion to approve the minutes with one correction to the May 14, 2012 minutes. The correction is that Beverly Knox was in attendance of the meeting.
Dr. James Taylor seconded the motion.
SO VOTED UNAMIMOUSLY
IV. VARIANCE
1. Stewart’s Back Porch 4380 State Highway M-8 P-146B
Tim Brady, East Cape Engineering, presented and Bill Stewart also attended.
A request for a variance to the required installation of a new H-20 Grease Trap was made. The location will only produce Gelato which has limited grease. During the day, the scoops will be washed and sanitized in a 3 bay sink, as outlined under MGL 3-304.12, and in the evening, they will be taken to the main restaurant to be washed in the industrial dishwasher there. In addition, based on the plumbing code, a grease trap and a grease interceptor will be installed under the 3 bay sink. The grease trap and interceptor will be cleaned monthly.
Pat LaRiviere made the motion to approve the variance request with the following conditions:
· Grease trap and grease interceptor be monitored and maintained to ensure it is functioning as intended
· 3 bay sink with dipping water station installed
· State approval received and a copy of this approval and license sent to the Eastham Health Department
· Operation limited to sale of Gelato only
· Any proposed change in operation would require Board of Health review
Beverly Knox seconded the motion.
SO VOTED UNAMIMOUSLY
2. William & Cynthia Slossar 5 Bayberry Lane M-13 P-145
Tim Brady, East Cape Engineering, presented.
Conservation Commission is currently considering this project. The plan is to the remove the current building and to rebuild it. This plan includes the use of an Innovative/Alternative system.
Beverly Knox made the motion to approve the variance request 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. Any increase in habitable square footage would require Board of Health review and abutter notification.
· Secondary treatment and monitoring under general use approval conditions per DEP regulations including testing quarterly (or 2 times per year for seasonal use) for total nitrogen, BOD, TSS, Nitrate-nitrogen not to exceed 19 mg/l. After 2 year period of time, reduction in testing could be requested to EBOH by owner.
· Operation and maintenance agreement to be submitted to the 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.
· Deed restriction for 3 bedroom use and use Septi-Tech M400D alternative technology requirement to be recorded with Barnstable Registry of Deeds and a copy provided to the Eastham Health Department
· Designer to verify proper operation of the system prior to issuance of Certificate of Compliance.
· Subject to Conservation Commission approval.
Dr. Lois Roth-Johnson seconded the motion.
SO VOTED: YES - 4, NO - 1
V. REVIEW
3. Robert & Ruth Prifty 17 Nycoma Way M-10 P-328
Tim Brady, East Cape Engineering, presented.
The plan is to remove the current 3 bedroom dwelling and build a new 3 bedroom dwelling. The EBOH approved the current septic system with variances on February 23, 2006 and the proposed dwelling does not add any additional variances to those previously approved.
The reason that this project is being brought to the EBOH at this time is the 10th condition noted in that approval which was “Footprint freeze on dwelling”. The proposed dwelling does have a slight change in the footprint which is to enclose a small jog in the current dwelling however the number of bedrooms will remain as 3. The proposed dwelling is larger.
In discussion, it was agreed that the “Footprint freeze on dwelling” is equivalent to the condition used today of “No increase in design flow be allowed. Any increase in habitable square footage would require Board of Health review and abutter notification.”. Based on this and the finding that there are no additional variances and the number of bedrooms will remain at 3, the BOH voted.
Pat LaRiviere made the motion to approve the variance request with the following conditions:
· I/A system testing to be conducted in June and September of each year. Operator to report results via Carmody Data Base provided through Barnstable County Health or directly to the Eastham Health Department if not available.
· Subject to Conservation Commission approval.
Beverly Knox seconded the motion.
SO VOTED UNAMIMOUSLY
4. Jason C. Ellis 50 Snow Road M-7 P-282
Jason C. Ellis presented. This is a lot of land that is 24,713 sq ft and Jason would like to build a 3 bedroom, 2,300 sq ft house with the use of a recirculating sand filter Innovative Alternative system. Floor plans were provided at the meeting for the proposed house.
An email of concern was received from the abutter, Alan Fairbank at 35 Arbor Way. Dr. James Taylor read the email:
Sent: Thursday, May 31, 2012 2:05 PM
To: Susan Barker
Cc: Martha Fairbank; Elizabeth Kuniholm; Joan Fischer
Subject: Review of application by J.C. Ellis for 3BR permit at 50 Snow Road (before today's hearing)
~
Dear Eastham Board of Health:
~
I am writing as authorized Trustee of the Trust that owns the Higgins Homestead at 25 Snow Road, directly opposite the referenced address at 50 Snow Road. (Hearing is today at 3 pm.)
~
As an abutter, I understand that the permit, if granted, would increase the size (number of bedrooms) of the house currently permitted for that lot, and that I and my family (as well as the entire neighborhood) would be affected negatively. On either side of 50 Snow Road, to the south, there are small cape houses, and there are numerous other modest houses on Snow Road and one large house on Arbor Way, not far off of Snow Road opposite the referenced property. (That large house on Arbor Way is a good example of a house that is too large for the neighborhood--even though I understand it is built as a "2BR".)
~
We feel that this is an overcrowded area already, that the size of the houses built in the future should conform to what is already surrounding our historic old home. (Photos of the old house, taken in the 1880s we believe (attached), testify to the historic nature of the house and the neighborhood. The house on 50 Snow Road would be built just off to the left (of the wide shot), most likely astride the former path of the old road which was lined by the fence in the foreground.)
~
We believe that a house as big as almost 3,000 square feet on that lot would be aesthetically out of character, and an affront to the historic nature of the Higgins subdivision of which it will be a part. If this house were to be rented in the summer, the number of bedrooms permitted would doubtless increase the number of renters in the house. And since potential renting should be part of your consideration (and I would hope that commercial considerations are not among the main reasons for this application), you should assume that they are.
~
Please deny this permit on the grounds that it would lead to construction of a larger house than should be allowed on that lot, and in that area. A 2BR house could be built of sufficient size for the owner, given the liberal leeway that building limits put on such houses. As currently submitted, the 3BR apparently would permit a larger house than would otherwise be built as a 2BR. (If the requested alternative septic system were at all noisy, I would have additional strong objections to its being permitted.)
~
I also believe that making exception to the Board of Health rules on the nature of sanitation systems by referencing (and in this case, granting an exception) to a rule of "one bedroom per 10,000 square feet" is not the proper way to govern the size of a house on an Eastham lot.* The number of bedrooms permitted bears only slight relation to the size of house permitted (given the definition of "bedroom"), nor does it necessarily relate to the amount or nature of effluent that goes into its septic system. Eastham is already too crowded to ensure safe ground water. Even though the proposed system may well clean the house's effluent sufficiently to protect ground water in the area (maybe, I don’t know), permitting it would increase the pressure of population density (e.g., from renters). Eastham needs to limit
increases in this density in order to preserve the quality of the summer vacation life that is the economic lifeblood of the community.
~
* As an example, we are applying today also for permission to put it a very expensive scrubber of waste water, should a house ever be built on the lot to the south of the Higgins Homestead (35 Arbor Way)—solely because of this rule. The only reason for doing so is that the lot, at 19,960 square feet, is just 40 square feet short of qualifying (reasonably) for a 2BR Board of Health permit. Our purpose is not to enable any such house to be built (it will always serve as a "buffer" lot), but to avoid the expense (and potential complications) of trying to move the lot line by six inches, in order to align the value of the lot to the size of the lot (according to Board of Health rules).
~
Thank you for your consideration.
~
Best regards,
Alan Fairbank
25 Snow Road
Eastham, MA 02651
Acting as Trustee, as
Successor Trustee of the~
Martha E. Fairbank Revocable Trust (owner of 25 Snow Road)
32 Pond View Court
Durham, NC 27705
(919) 389-4092
Copies to:
Elizabeth F. Kuniholm Esq., Co-Trustee
(919) 349-2664
Joan Fischer, Esq., MA Counsel to the Trust
(978) 264-0265
--
Alan Fairbank, PhD
77 Leetes Island Road
Guilford, CT 06437 USA
+1-203-453-6828
+1-203-812-9695 mobile
Dr. James Taylor advised that the Eastham and State Regulations provides that if an Innovative Alternative System is installed on a property, the number of bedrooms can be increased.
Jason confirmed that the space above the garage is for storage only.
Dr. Martin Haspel made the motion to approve the plan 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. Any increase in habitable square footage would require Board of Health review and abutter notification.
· Secondary treatment and monitoring under general use approval conditions per DEP regulations including testing quarterly (or 2 times per year for seasonal use) for total nitrogen, BOD, TSS, Nitrate-nitrogen not to exceed 25 mg/l. After 2 year period of time, reduction in testing could be requested to EBOH by owner.
· Operation and maintenance agreement to be submitted to the 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.
· Deed restriction for 3 bedroom use and use sand filter alternative technology requirement to be recorded with Barnstable Registry of Deeds and a copy provided to the Eastham Health Department
· Designer to verify proper operation of the system prior to issuance of Certificate of Compliance.
· Require floor plans of proposed dwelling to be submitted for BOH review (Received at meeting)
Beverly Knox seconded the motion.
SO VOTED UNAMIMOUSLY
5. Martha Fairbank 35 Arbor Way M-7 P-465
Alan Cabral, Felco , Inc. presented.
This is a lot of land that is 19,906 sq ft and the owner would like to build a 2 bedroom house with the use of a FAST Innovative Alternative system under provisional use.
Dr. Martin Haspel made the motion to approve the plan 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. Any increase in habitable square footage would require Board of Health review and abutter notification.
· Secondary treatment and monitoring under general use approval conditions per DEP regulations including testing quarterly (or 2 times per year for seasonal use) for total nitrogen, BOD, TSS, Nitrate-nitrogen not to exceed 19 mg/l. After 2 year period of time, reduction in testing could be requested to EBOH by owner.
· Operation and maintenance agreement to be submitted to the 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.
· Deed restriction for 2 bedroom use and use FAST alternative technology requirement to be recorded with Barnstable Registry of Deeds and a copy provided to the Eastham Health Department
· Designer to verify proper operation of the system prior to issuance of Certificate of Compliance.
Pat LaRiviere seconded the motion.
SO VOTED UNAMIMOUSLY
6. Steven Walkerwicz 100 Edgewood Road M-8 P-418
Alan Cabral, Felco , Inc. presented.
This is a lot of land that is 20,634 sq ft and the owner would like to build a 3 bedroom house with the use of an Advantex AX20 Innovative Alternative system under provisional use.
Dr. Martin Haspel made the motion to approve the plan 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. Any increase in habitable square footage would require Board of Health review and abutter notification.
· Secondary treatment and monitoring under general use approval conditions per DEP regulations including testing quarterly (or 2 times per year for seasonal use) for total nitrogen, BOD, TSS, Nitrate-nitrogen not to exceed 19 mg/l. After 2 year period of time, reduction in testing could be requested to EBOH by owner.
· Operation and maintenance agreement to be submitted to the 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.
· Deed restriction for 3 bedroom use and use Advantex AX20 alternative technology requirement to be recorded with Barnstable Registry of Deeds and a copy provided to the Eastham Health Department
· Designer to verify proper operation of the system prior to issuance of Certificate of Compliance.
· Detailed design plans to be submitted for review. (Received May 23, 2012)
Pat LaRiviere seconded the motion.
SO VOTED UNAMIMOUSLY
7. Joseph Grimaldo 825 Samoset Road M-14 P-81E
George Reinhart presented. The owner has requested a building permit to finish a room above the proposed garage to be used as a family room. The family room will be open and there is no door at the top of the stairs. It does not provide privacy and there is only a ½ bath.
Pat LaRiviere made the motion to approve the plan with the following conditions:
· Successful septic inspection
· No increase in design flow be allowed. Any increase in habitable square footage would require Board of Health review and abutter notification.
· Deed restriction for 2 bedroom use requirement to be recorded with Barnstable Registry of Deeds and a copy provided to the Eastham Health Department
Beverly Knox seconded the motion
SO VOTED UNAMIMOUSLY
VI. REDUCTION IN TESTING
8. Pamela Drolsbaugh 21 Gail’s Way M-7 P-572
No representation for this request was present. The EBOH noted that a request for reduction was granted in 2009. As there is insufficient information for review, the EBOH recommendation is continuation. Currently our minimum is inspection 2 times a year. The EBOH asks that Jane Crowley to review it further.
VII. RENTAL APPEAL
9. Michael Hanlon 450B Aspinet Road M-5 P-349B
Michael Hanlon presented. The previous rental occupancy for this property was 4. After the rental inspection this year, that occupancy was reduced to 2 based on the size of the bedrooms. The dwelling is a small cottage that is available for rent from March through October each year but typically only rented in July and August. Mr. Hanlon has improved the cottage over the years since he owned it and all improvements made have been with a permit. Susan Barker noted that the cottage is in a very good shape and meets all rental requirements.
After discussion, the EBOH agreed that the 4 person occupancy should be grandfathered until such time as the property is sold or any rental violations are made.
Dr. James Taylor made the motion to approve the rental occupancy at 4 persons with the following conditions:
· The rental occupancy will be reduced to 2 based on the size of the bedrooms at the time of either:
o the sale of the property or
o any rental violations
Dr. Martin Haspel seconded the motion.
SO VOTED: YES - 4, NO - 1
VIII. SIGN AND ISSUE 2012 BEACH PERMITS
Susan Barker read the list of Beach Permits being issued and the EBOH signed the permit list.
IX. CORRESPONDENCE & OTHER INFORMATION
10. Issue of backwash from Water Filtration to Septic Tank
Susan Barker advised that this will be a topic for discussion at a future workshop which will include representation from the DEP, Well Installers, Barnstable County and others.
Bob Sheldon, Realtor in Eastham asked to pose a question to the EBOH. The Hughes Road subdivision is a new subdivision of 4 one acre lots of land. Under current regulations, 4 bedroom dwellings can be built only if an Innovative Alternative system is installed. This is making it very difficult to sell these lots. Would the EBOH consider approving plans for a conventional Title V with a Deed Restriction for a 3 bedroom dwelling? The EBOH did approve a variance for situation like this at 950 Old Orchard Road.
Dr. James Taylor advised that he could not make a general comment or thought concerning this. The EBOH would need to review each specific case as it is presented.
X. ADJOURNMENT
4:43PM
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