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Board of Health Meeting Minutes 9-27-2012
MINUTES
EASTHAM BOARD OF HEALTH MEETING
THURSDAY, SEPTEMBER 27, 2012 AT 3PM


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


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


II.     OPENING STATEMENTS
Jane Crowley provided the following updates:
·       Busy Month in the Health Department and for the BOH
o       The EBOH participated in the Windmill Weekend was a success.  Mike Caliri, Town of Eastham’s IT Department prepared a DVD of the event which will       be shown at the end of the meeting.
·       Pond Remediation updates:
o       The project is moving along at a fast pace now.
o       Herring Pond restoration is scheduled during the week of October 9 – 17, 2012.  Consultants have been hired to proceed with the project.  The application       of the ALUM treatment will take 2 to 3 days and during that time, the pond will be posted for the public regarding no swimming during this time.
o       Schoolhouse/Ministers ponds have received approval from the Conservation department with conditions.  
o       The project team continues to review results and progress of other ponds on the Cape that have received treatment as proposed for these ponds.
·       Jane met with the Cape Cod National Seashore, the DPW and the Cape Cod Gun Club regarding the lead shots and their impact to the environment.           Remediation is currently needed in areas where the lead levels are high due to the shots and the only resolution is to remove all impacted ground.  The         current cost estimate is $450,000.
·       Jane met with the Rabies Task Force this month and it was very interesting.  The Cape Cod Rabies Task Force will be developing public education for the         early spring.
·       Upcoming Events
o       Eastham will host 3 Flu Clinics this year.
§       October 11, 2012 from 1 to 4 at the Eastham Town Hall
§       October 18, 2012 from 9 to 12 at the Council on Aging
§       October 23, 2012 from 9 to 11 at the Nauset Regional High School
·       The Emergency Management Drill will be done at the same time at the Nauset Regional High School
§       Flyers have been posted throughout Eastham and ads have been posted in both the Cape Cod Times and Cape Codder
o       Silent Springs will provide a presentation at a meeting in Barnstable on October 4. 2012.  The presentation will focus on emerging containments in private      wells.


III.    VARIANCE
None


IV.     REVIEW

1.      Leonard & Margot Wahadlo                26 Longstreet Lane              M-10    P-364

Chris Wickson, East Cape Engineering presented.
This is an existing 2 bedroom home that had a SeptiTech system installed in 2004 and retrofitted in 2009 based on a finding with this system across the Cape.  Results since the retrofit have been good.  The owners want to expand their house to increase the size of the kitchen on the 2nd floor and the 2 bedrooms on the 1st floor.

As the proposed plan has no significant impact to the environment, Dr. James Taylor asked for a motion.

Dr. Joanna Buffington made the motion to approve the plan with the following conditions:
·       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 19 mg/L.  After 2 year period of time reduction of testing could be requested         to EBOH 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.
Beverly Knox seconded the motion.

SO VOTED UNAMIMOUSLY


V.      CORRESPONDENCE TO AMEND CONDITIONS

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

Ben Zehnder, Attorney, presented.  James Bright attended.
Dr. James Taylor read, for the record, the letter dated September 20, 2012 that was sent to the Board of Health from James Bright.  A copy of that letter is included here:
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Mr. Zehnder reviewed the property, septic system and house and agrees that the property is a 2 bedroom property.  What his client, Mr. Bright wants is to ask the Town of Eastham Board of Health to review the current wording of the approval letter of conditions which required a 2 Bedroom Deed Restriction dated September 6, 2012.   Mr. Bright does not object to the Deed Restriction but wants wording in it that will allow for the future.  The wording would not prevent EBOH review in the future, but would allow it to change if future changes warrant it.

Based on discussion, it was agreed that for this case, the letter approving the project presented by Mr. Bright would be changed to note that should conditions change in the future, such as the development of town sewer or the owner’s desire to install an I/A system, then the deed restriction could be reviewed to change accordingly.  A deed restriction can always be altered or removed based on EBOH review, but this wording does make it more definitive for the owner.

Mr. Bright will proceed to have the Deed Restriction recorded with the Barnstable County Registry of Deeds.  The Health Department and the EBOH will revise the letter of approval for the plan accordingly and submit it to Ben Zehnder for review.  Once Mr. Zehnder provides his comments, the letter will be submitted to the EBOH for final review.

Dr. Martin Haspel made the motion to approve the process to move forward to develop the language that will be reviewed by the EBOH, Jane Crowley and Ben Zehnder for this particular case:
Dr. Joanna Buffington seconded the motion.

SO VOTED UNAMIMOUSLY


VI.     REDUCTION IN TESTING

3.      Laureen Kunches                         26 Bayberry Lane                M-13    P-165

Jane Crowley, Eastham Health Agent, presented.
This request was before the BOH prior to this but at that time, information was missing.  Ms. Kunches has provided the missing information to us and is asking to reduce the current testing to 1 time yearly and to not test for BOD and TSS.

Based on the review of the results to date, the BOH agreed to 1 time yearly testing but would like to see results for all 3 parameters, total Nitrogen not to exceed 19mg/L, BOD and TSS in 2012 and 2013.  At that time, a request can be made to the EBOH to review those results and determine if the testing can continue to Total Nitrogen only.

Dr. Joanna Buffington made the motion to reduce the testing to 1 time yearly and to test for all 3 parameters, total Nitrogen not to exceed 19 mg/L, BOD and TSS, in 2012 ( have on record ) & 2013.
Beverly Knox seconded the motion.

SO VOTED UNAMIMOUSLY


4.      Dorothy Daniels                         33 Bayberry Lane                M-13    P-158

Jane Crowley, Eastham Health Agent, presented.
A review of the testing results noted that on occasion, the results can be very high with Total Nitrogen slightly above the limit of 19 mg/L.  It might be in the best interest of the property owner to have the testing company review the results to determine what may be the cause of the high levels.

Dr. James Taylor made the motion to reduce the testing to 2 times yearly and to test for all 3 parameters, total Nitrogen not to exceed 19 mg/L, BOD and TSS,
Dr. Joanna Buffington seconded the motion.

SO VOTED UNAMIMOUSLY

     
VII.    APPROVAL OF MINUTES

5.      April 23, 2012  – Workshop
6.      August 30, 2012 - Meeting

Beverly Knox made the motion to approve the minutes for April 23, 2012 and August 30, 2012.  One correction was noted for the August 30, 2012 concerning the review for 440 Massasoit Road.
Dr. Joanna Buffington seconded the motion.

SO VOTED UNAMIMOUSLY


VIII.   CORRESPONDENCE & OTHER INFORMATION

Jane Crowley noted that we will be participating in the National Drug Take Back day on September 29, 2012.  As a reminder, Eastham has a Drug Drop off Box at the Police Department that is open 24 hours/7 days a week for the convenience and safety of all.

Jane Crowley advised that the Atlantic Breeze Motel has not yet fulfilled its licensing requirements nor have the conditions identified as needing repair been completed.  Based on this, court action is proceeding and Jane will be at the Superior Court House on Friday, September 28, 2012 representing the Town of Eastham.

The BOH set the October Workshop date for Tuesday, October 16, 2012 at 9AM.

The BOH viewed the 15 minute video of Windmill Weekend and they again thanked Mike for his work.  This video will be going up on the Town of Eastham website for all to see.

 
IX.     ADJOURNMENT
4:15PM