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Board of Health Meeting Minutes 8-30-2012
MINUTES
EASTHAM BOARD OF HEALTH MEETING
THURSDAY, AUGUST 30, 2012 AT 3PM


Present:  Dr. James Taylor, Chair, Pat LaRiviere, Vice Chair, Beverly Knox, Dr. Martin Haspel, Dr. Joanna Buffington, Susan Barker, Jane Crowley
Not Present:


I.      PUBLIC NOTIFICATION RE VIDEO AND/OR AUDIO TAPE
Dr. James Taylor reminded everyone regarding this.


II.     OPENING STATEMENTS
Pat LaRiviere noted that the Board of Health will have a booth at the Windmill Weekend again this year.  On Saturday, the Barnstable County Nurses will be there as well taking blood pressures and skin analysis to name a couple.

Jane Crowley provided the following updates:
·       Water Quality
o       Bay Beaches – 2 closures this year due to bacteria
o       Nauset Light Beach  closed 2 times for bacteria
o       Pond Beaches – no closures to date due to bacteria.  Molls Pond was closed for 5 weeks due to Cyanobacteria (blue/green algae)
·       Bats
o       There has been a high number of reports of bats in habitable spaces.  
§       5 instances to date with a risk of human exposure required submission to state laboratory for rabies testing - all 5 bats tested negatively for rabies
§       Other reports were made by there was no risk of exposure so testing was not required
·       Pond Remediation
o       The CPA funded Alum Remediation for Herring Pond
§       Sediment sampling has been done by Ecologic and the results are pending.
§       Paul Higgins, Sandy Bayne and Jane Crowley were present
§       If all goes well, the treatment will be applied this year
·       Mosquitoes
o       Mosquitoes carrying EEE and West Nile have been found on the Cape
o       No positive pools have been found in Eastham as of this date
o       Spraying is not being done on the Cape other than in specific areas
o       Reminder to use bug spray and to wear long sleeves when outside in the evening
·       Upcoming Events
o       The BOH will have a tent with health services such as blood pressure testing at the Windmill Weekend on September 9 and 10
o       Eastham residents can participate in the Hazardous Waste Day in Orleans on September 15
o       Flu Clinics – the planning process is beginning.  Dates have not been set yet but Jane will keep the BOH posted.  Flyers will be made and posted                throughout Eastham.
§       If possible, the BOH would like flyers for their booth at Windmill Weekend


III.    VARIANCE

1.      Michael & Eileen Taylor                 290 Steele Road         M-4     P-129

Eric Mitchell, J.C. Ellis Design, presented.
To prepare for the sale of this house, the owners are upgrading their current cesspool to an Innovative Alternative system.  The proposed system is the same septic system approved by the EBOH in December 2011 and installed in February/March 2012 at 350 Steele Road.  The system is an Advantex AX 20 with a pressure dosed leach field.  

Due to the constraints of the lot size, 9,148 sq ft, variances requested include 34 ft. reductions of distance from the proposed leach area to the existing site well and side lines set back reductions as noted.  The separation form the proposed septic location to the site well location is better than what currently exists and provides more environmental protection.

Pat La Riviere made the motion to approve the variance request with the following conditions:
·       Routine water quality test results be provided of existing 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 remedial 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 19mg/L.  After 2 year period of time reduction of testing could be requested         to BOH by owner.
·       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.
·       Deed restriction for 2 bedroom use and use Advantex AX 20 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.
Dr. Martin Haspel seconded the motion.

SO VOTED UNAMIMOUSLY





2.      Rick Hulme                              16 Beach Plum Lane              M-13    P-209

Laura Schofield, Schofield Brothers of Cape Cod, presented.
This property has 2 cottages, 1 well and 2 cesspools.  The property is used seasonally.  The owner proposes an upgrade of the cesspools to an Advantex AX-20 alternative system.  One cottage has 2 bedrooms and the other has 1 bedroom.

Due to the constraints of the lot size, 8,276 sq ft, variances requested include a 15 ft reduction of distance from the proposed leach areas to the proposed site well and a 14 ft reduction from the proposed well to the leach area on parcel 185.  Other variances include side lines set back reductions as listed per plan and a reduction in the size of the leach field.  The separation from the applicants proposed septic location to the site well location is better than what currently exists and provides more environmental protection.

Beverly Knox made the motion to approve the variance request with the following conditions:
·       Routine water quality test results be provided of existing 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 remedial 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 19mg/L.  After 2 year period of time reduction of testing could be requested         to BOH by owner.
·       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.
·       Deed restriction for 3 bedroom use and use Advantex AX 20 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


3.      John Chaves                             35 Oak Leaf Road                M-5     P-35

Matthew Costa of Christopher Costa & Associates, Inc., Ingo Schaefer of BUSSE Green Technologies, Inc, and Steve Corr, private consultant and former DEP Head for Alternative Systems presented.
The owner has proposed a 2 unit duplex with 6 bedrooms on this property.  The request being made of the BOH is for a site specific piloting approval for nitrogen credit to allow 600 g.p.d. flow subject to DEP approval.  The plan includes secondary treatment with a BUSSE Bio-Membrane Reactor Model 600 GFK treatment unit.  No variances are requested.

A discussion of the system took place which included the following comments:
·       The BUSSE system is used in Europe and is relatively new in the USA
·       The system is physically located in the house or building to maintain a temperature of 50-70° F for the bacteria in the system
·       In Europe, the water is re-used for toilets, to water lawns, for laundry
·       Coarse matter (toys, etc) are not filter but are stopped in the first chamber
·       The system is checked 2 times a year
·       The system has been presented to George Heufelder, Barnstable County Health Department and he will be offering his comments after a full review of the  plans.
·       The membrane unit is guaranteed for 10 years but experience has proved that they are good for 15 to 17 years.  It is the most expensive piece of the            system
·       Mr. Chaves chose this system as it is the best technology available.  He has requested that the system for his property obtain less than 10 mg/L rather         than the 19 mg/L level set for other I/A systems.
·       There are no other systems like this on the Cape currently but there are several in Maine
·       The price for the system for this property is $26,000 which is based on the goal of less than 10 mg/L.  A system set for 19 mg/L would be less than this        cost.
·       State plumbing regulations treat this as an appliance in the house
·       State approval is required for installation of this system in addition to town requirements
·       This plan currently does not have an external septic tank as the owner does not want one unless he can re-use the water as Europe does.  Matt Costa     noted that he is cautiously optimistic that the state will allow re-use of the water and if so, a septic tank will be added to the plan.
·       The membrane and aeration are the most important parts of the system and have been used for over 20 years.  This is not new technology.
·       They are going for state approvals now and the state will dictate the conditions.  Usually one of the conditions is monthly water sampling, then quarterly      and eventually to 2 times a year.

The objective of this meeting is to gain approval from the Eastham Board of Health to move forward to obtain DEP and State approvals.

Pat LaRiviere made the motion to approve the plan with the following conditions:
·       Routine water and COC quality test results be provided of proposed well location to assure potability
·       No increase in design flow be allowed.  
·       Secondary treatment and monitoring under site specific DEP piloting use approval conditions per DEP regulations including testing quarterly for         total nitrogen, BOD, TSS, Nitrate (or 2 times per year for seasonal use).  Effluent nitrate-nitrogen not to exceed 19mg/L with a goal of 10 mg/L.  
·       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.
·       Deed restriction for 6 bedroom use and use of BUSSE Bio-Membrane Reactor Model 660 GKF  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.
·       Any increase in habitable square footage would require Board of Health review and abutter notification.
·       Subject to review and comment by Barnstable County Department of Health and Environment and DEP prior to approval.
·       Require State Plumbing Board approval
·       Modification on plumbing details as required
Beverly Knox seconded the motion.

SO VOTED UNAMIMOUSLY


IV.     REVIEW

4.      James Bright                            440 Massasoit Road              M-8     P-151

James Bright, property owner, presented.
James met with the EBOH on April 26, 2012.  Based on that meeting, the original plans have been changed to, at this time, remove the bathroom from the 2nd floor of the garage and to change the purpose of the 2nd floor to unheated storage without a bathroom.  Jim has an oyster business and needs the space and storage for that business.  He currently is approved for a Farmer’s loan that must be used within 1 year of approval or he will have to reapply.

The EBOH suggested a 2 Bedroom Deed restriction be signed and recorded with the Barnstable Registry of Deeds to ensure that in the event that this property is sold, the new owner would be aware of the limitation to 2 bedrooms.  Jim expressed his concerns about this based on the fact that his house is 2 bedrooms, the lot is 26,000 sq ft and can only have 2 bedrooms based on state and town regulations.  The EBOH noted that this was to protect the town environmentally based on any future ownership of the property.

Dr. Joanna Buffington made the motion to approve the plan with the following conditions:
·       The 2nd floor of the garage remain without a bathroom and as unheated storage
·       Deed restriction for 2 bedroom use to be recorded with Barnstable Registry of Deeds and a copy provided to the Eastham Health Department
Dr. Martin Haspel seconded the motion.

SO VOTED UNAMIMOUSLY


V.      APPROVAL OF MINUTES

5.      June 6, 2012 – Workshop
6.      July 18, 2012 – Workshop (If available)
7.      July 26, 2012 - Meeting
Pat LaRievere made the motion to approve the minutes for June 6, 2012, July 18, 2012 and July 26, 2012.
Beverly Knox seconded the motion.

SO VOTED UNAMIMOUSLY


VI.     CORRESPONDENCE & OTHER INFORMATION

Susan Barker reviewed the complaint received regarding 295 Massasoit Road and the letter that she issued to the property owner on August 13, 2012.

Jane Crowley reviewed the July 21, 2012 HHP Collection Survey Results received from the Cape Cod Cooperative Extension.

Dr. James Taylor asked that the Committee review the 12 pages of Septic Systems in the Eastham Board of Health regulations.  He would like to review them as a group during our September, and future workshops so that we can edit or amend as needed.  The Committee agreed and would also like to discuss specific areas that they have questions on such as I/A systems.
Action Items:
·       Review document
·       Identify parts to discuss
·       Note edits or amendments needed
·       Reformat and put in a more logical order – set up sections

VII.    ADJOURNMENT
4:50PM