MINUTES
EASTHAM BOARD OF HEALTH MEETING
THURSDAY, JUNE 28, 2012 AT 3PM
Present: Pat LaRiviere, Vice Chair, Lois Roth-Johnson, Beverly Knox, Susan Barker, Jane Crowley
Not Present: Dr. James Taylor, Chair, Dr. Martin Haspel,
I. PUBLIC NOTIFICATION RE VIDEO AND/OR AUDIO TAPE
Pat LaRiviere provided the notification.
II. OPENING STATEMENTS
Jane Crowley provided the following updates:
· All businesses are open – restaurants, motels, pools, private rentals, etc. Feedback is that the business community is off to a strong start.
· The Health Department continues to offer training to our businesses in Town and Jane wanted to thank those businesses for their support and participation in these training, most recently:
o On May 1st, a free Choke Saver Training was provided to the businesses in town and it was well attended.
o In June, a free training of Food is a Risky Business was held and was attended by 19 people who represented 8 businesses. The training was provided by Kim Concra of the Cape Cod Collaborative Extension.
· The Board of Health hosted the Eastham Family Health Fair on Saturday, June 23, 2012. The turnout was good and the Lower Cape Cable company videoed snipits of the fair. Jane will share that video with the Board during Other Business. Pat LaRiviere thanked Jane and Susan for all the work they did to support the fair – banners, flyers, hand out materials, etc.
· The Pond Remediation project is on going and they are currently working on Phase 2.
· On July 9, 2012, the Eastham Board of Selectmen will meet with the Orleans Board of Selectmen to discuss Waste Water Management and Rock Harbor. It is also an opportunity for both boards to begin discussion regarding Nauset Harbor and the draft report from the Massachusetts Estuaries Program (MEP) project just received.
· On July 10, 2012, the Eastham Recreation Department in conjunction with the Barnstable County Health Department and Jean Roma of the Medical Reserve Corporation will hold a Sun Safety event.
· On July 21, 2012, Eastham will host the annual Household Hazardous Products Collections day for both Eastham and Orleans. On September 15, 2012, Orleans will host the 2nd event for both towns.
III. VARIANCE
1. Dorothy Dolsole 735 Kingsbury Beach Rd M-11 P-250
Tim Brady, East Cape Engineering, presented.
At the last septic pumping, it was noted that the leach pit was full and so has failed. The plan is to retain the existing septic tank and D Box and to repair the system by replacing the existing leach pit with a new soil absorption system. This proposed repair results in an elevation deeper than normally allowed under Title 5 and so a variance of 3’ is requested. There are no changes to the existing dwelling.
Finding - the plan provides a greater degree of environmental protection than previously existed due to the greater separation distance from the well to the leach area.
Dr. Lois Roth-Johnson made the motion to approve the variance request with the following conditions:
· No increase in flow allowed
· Deed restriction for 3 bedroom use to be recorded with Barnstable Registry of Deeds and a copy provided to the Eastham Health Department
· Any increase in square footage would require Eastham Board of Health review and abutter notification
Beverly Knox seconded the motion.
SO VOTED UNAMIMOUSLY
IV. REVIEW
2. Estate of Edna Bensen 20 Beverly Road M-4 P-448
Jason Ellis, J.C. Ellis Design presented.
The house on this property was built in 1980 and the Septic System was installed based on the 1978 Title 5 Code. The Eastham Board of Health By-Law states that if a septic plan is not on file, then at the time of transfer of the property, a new system will be required for that transfer. The owners are requesting a variance to this By-Law as the current system meets the requirements of a Title 5 system when it was built.
Jason conducted an inspection of the system and found that the D Box needs to be replaced and the Septic Tank needs to be sealed. The inspection of the Leach Pit showed that it is bone dry and looks new. The system has not been used since owner died several years ago but it shows no signs of staining.
Jane Crowley noted that the State Title 5 Code is the minimum code that must be met. Towns then set their own regulations based on the environment of their town. As Eastham has all private wells, our properties are environmentally challenged and based on that, the Board of Health voted to include the By-Law being addressed. In this specific situation, the septic tank and D-Box have both failed and the Leach Pit has not had flow into it for several years so we cannot be sure what condition it is in. In addition, Title 5 regulations for Leach Fields were updated in 1995 and this is an opportunity to upgrade the system to meet those regulations. Based on the fact that the current Septic Tank needs repair and the D-Box needs to be replaced, Jane would recommend that a new system
be installed.
Discussion continued and a suggestion was made to allow the repair of the Septic Tank and the replacement of the D-Box if the Leach Pit was also upgraded. This would incur an additional cost for the current owner.
Pat LaRiviere made the motion to deny the requested variance.
Beverly Knox seconded the motion.
SO VOTED: YES - 2 NO - 1
3. Glenn Dumont 46 Dory Lane M-8 P-191W
Glenn Dumont, McShane Construction presented.
· Reviewed the plans for the house to be built at 46 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
4. Glenn Dumont 15 Dory Lane M-8 P-191G1
Glenn Dumont, McShane Construction presented.
· Reviewed the plans for the house to be built at 15 Dory Lane
· 1 Bedroom Cape with a Garage
Beverly Knox 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. They will also record which wells are connected to which dwelling Glenn estimated that 80% of the homes in Brackett Landing are occupied year round.
5. Eastham Windmill Boardwalk LLC 2470 State Highway M-15 P-65P
Tim Brady, East Cape Engineering, presented.
On February 16, 2012 reviewed approved the plan for an Advantex AC 100 Innovative Alternative system on this property. Based on a review of the systems, the owner would like to change that system to a Septi-Tech M3000HD system within the same parameters as the previous system.
Pat LaRiviere made the motion to approve the change in system with the same conditions noted on March 29, 2012:
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 13 bedroom use, 6686 sq. ft. of commercial space to be designated to specific use not to exceed 2,970 g.p.d. and use Septi-Tech M3000HD alternative technology requirement to be to be signed and recorded with the Registry of Deeds. A copy to be submitted to the Eastham Health Department. 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 – (Tim Brady provided Board of Health with a letter dated March 13, 2012 confirming approval of the reclassification.)
8. Plan to subject to Barnstable County Department of Health and Environment comments and review (Jane Crowley notified the Barnstable County Department of Health and is waiting their response)
9. In the event that sole ownership is transferred to condominium ownership, prior to transfer, a Condominium Agreement shall be provided that will detail ownership responsibilities related to operation and management of the septic system and share facilities. Prior to the conversion, the Board of Health shall require escrow funds and assurance bond to cover operational costs and possible repairs that might become necessary. Town Council will be requested to review and approve any such agreement prior to
approval.
10. Sole ownership to be stated in writing prior to final approval
Beverly Knox seconded the motion.
SO VOTED: YES – 2, NO – 0, ABSTAIN - 1
V. REDUCTION IN TESTING
6. Pamela Drolsbaugh 21 Gail’s Way M-7 P-572
(continued from May 31, 2012)
Jane reported that testing currently being done 2 times per year, June and September. The results of the testing are good.
Pat LaRiviere made the motion to reduce the testing to 1 time per year between September and November of each year.
Dr. Lois Roth-Johnson seconded the motion.
SO VOTED UNAMIMOUSLY
7. Patricia Regan 25 Richard Lane M21 P62C
Jane reported that testing currently being done 4 times per year. The results of the testing are good.
Pat LaRiviere made the motion to reduce the testing to 2 times per year in June and September of each year.
Dr. Lois Roth-Johnson seconded the motion.
SO VOTED UNAMIMOUSLY
8. Laurie Kunches 26 Bayberry Lane M13 P165
Jane reported that testing was required for 2 times per year but the actual testing has been sporadic. Based on this, we do not have an accurate report of the results to review.
Pat LaRiviere made the motion to deny the request for a reduction in testing at this time.
Dr. Lois Roth-Johnson seconded the motion.
SO VOTED UNAMIMOUSLY
VI. APPROVAL OF MINUTES
9. May 31, 2012
Moved to the July meeting as Dr. James Taylor and Dr. Martin Haspel were absent from the meeting.
VII. CORRESPONDENCE & OTHER INFORMATION
Jane Crowley presented to the Board of Health the video of the Eastham Health Fair. Jane also thanked Kevin Langelier for all of his help and support during his time at the Eastham Town Hall. Kevin is leaving on June 29, 2012 to pursue new opportunities and he will be missed!
The Eastham Health Fair was very well received. We do have some suggestions for improvement next year but found that the flow was very good. It was a great combination of Barnstable County, Visiting Nurse Association and Alternative Health Care. The day, time, and location were very good and we did receive 49 to 50 people. Prior to the Fair, both the Cape Cod times and the Cape Codder posted articles of the Fair to help publicize it.
10. Section III Human Habitation
a. Section A – Rental of Premises
A review of this section of our regulations found that we have a listed dollar fee in it. As this fee is reviewed and set by the Board of Selectmen yearly, the recommendation has been to remove the dollar fee and just indicate that a fee will be due.
Pat LaRiviere made the motion to change the wording be “. . . shall be renewed annually at a fee set by the Board of Selectmen, conditional on Board of Health receipt of annual potable water test results . . .”
Dr. Lois Roth-Johnson seconded the motion.
SO VOTED UNAMIMOUSLY
11. Massachusetts Estuaries Project
Jane Crowley handed out the Executive Summary of the Nauset Harbor Embayment report. The full report is currently on the Orleans Town website and it will be up on the Eastham Town website soon.
The report notes that the area is smaller than was originally thought and that the requirement for Nitrogen removal is greater. On July 9, 2012, the Eastham Board of Selectmen will be reviewing this and it will be their first opportunity to talk about it.
Other items reviewed:
· Susan Barker shared a Notice to Abate issued since the last meeting
· Mike Cole and the new Environmental Planner, Jeff Thibodeau would like to attend our next workshop to discuss Amendments to Affordable Housing Guidelines.
· The Board of Health tentatively set the July Workshop for July 18, 2012 at 9AM. Jane will confirm if this will work for Mike and Jeff and then advise the Board of Health.
VIII. ADJOURNMENT
4:20PM
| 
