MINUTES
EASTHAM BOARD OF HEALTH MEETING
THURSDAY, OCTOBER 25, 2012 AT 3PM
Present: Dr. James Taylor, Chair, Pat LaRiviere, Vice Chair, Beverly Knox, Dr. Martin Haspel, Dr. Joanna Buffington, Susan Barker
Not Present: Jane Crowley
I. PUBLIC NOTIFICATION RE VIDEO AND/OR AUDIO TAPE
Dr. James Taylor reminded everyone regarding this.
II. OPENING STATEMENTS
Susan Barker provided the following updates:
· Alum treatment began this week at Herring Pond and all went well. 6 treatments were done throughout the day and additional are scheduled for October 26, 2012.
· 3 Flu Clinics were held in Eastham – 1 each at the Town Hall, Council on Aging, and the Nauset Regional High School. The clinic at the High School was also treated as a Emergency Management Drill and that went very well.
III. VARIANCE
1. Christy Foster 1835 State Highway M-18 P-312
Tim Brady, East Cape Engineering presented.
The owner of this property wants to install their own well on this property. Currently, they share a well with another property and they do not have a deeded easement to it. Based on the size of the lot, a variance is requested to allow the new well to be 75’ from the locus soil absorption system, and 2 and 7 feet from the property lines.
Finding that the plan achieves maximum feasible compliance and discontinues the use of a shared well:
Pat LaRiviere made the motion to approve the plan with the following conditions:
· No increase in design flow allowed.
· Deed restriction to 4 bedrooms
· Proposed well to be tested for VOC and routine parameters
· Owner to show “preliminary location of the proposed future leach area” which would be installed when new leach area is required – This information was received on October 19, 2012 from East Cape Engineering
· No increase in habitable space without certified notification to abutters and EBOH review
Dr. Martin Haspel seconded the motion.
SO VOTED UNAMIMOUSLY
2. Nancy Apgar 23 I-De-Ho Lane M-10 P-365
Tim Brady, East Cape Engineering presented.
This property is a very small lot, 5,850 s.f., that currently has a 2 bedroom house with a cesspool on it. The owners plan to demolish the existing house and replace it with a new 2 bedroom house and replace the existing cesspool with an I/A system, Septi-Tech M400D processor unit. Due to the constraints of the size of the lot, variances are required to both the regulations of Title V and Eastham Board of Health. The existing house is 572 s.f. and the new house will be 1,000+ s.f..
Finding that the plan includes secondary treatment which offers more environmental protection:
Beverly Knox made the motion to approve the plan with the following conditions:
· Routine water quality test results be provided of existing well location to assure potability
· No increase in design flow 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.
· Deed restriction to 2 bedroom use and use Septi-Tech M400D alternative technology requirement to be recorded on deed
· Designer to verify proper operation of the system prior to issuance of Certificate of Compliance including water tight test of tank and processor.
Dr. Joanna Buffington seconded the motion.
SO VOTED UNAMIMOUSLY
IV. REVIEW
3. Donald & Ellen Cacciapaglia 70 Bayview Road M-19 P-21
Mark Clancy, Cape Associates, presented.
This property was reviewed by the EBOH on April 27, 2006 regarding a proposed 4 bedroom dwelling with an Advance AX 20 cw mode 3B system. The plan was approved with conditions as follows:
· Routine water quality test results be provided of existing well location to assure potability
· No increase in design flow be allowed
· Secondary treatment and monitoring under provisional use approval conditions per DEP regulations including testing quarterly for total nitrogen, BOD T.S., Nitrate, Total Nitrogen (or 2 times per year for seasonal use). After this time reduction of testing could be requested to EBOH by owner. Nitrate-nitrogen limit not to exceed 19 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 directly via Carmody Data Base provided through Barnstable County Health or directly to the Eastham Health Department if not available.
· Deed restriction for 4 Bedroom use and use alternative technology requirement to be recorded on deed
· 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
· Subject to Conservation Commission approval
The owner is now submitting a plan to add a media room, game room, gym and bath in the basement of the house.
The EBOH noted that testing of the I/A system has not been done since July 5, 2011 and an active Operation and Maintenance Agreement is not on file with Carmody or the Eastham Health Department.
Mark confirmed that the company that had held the O&M Agreement had gone out of business and the owners were not aware of that. They are actively reviewing agreements with several companies at this time and will be signing with one of them shortly.
Discussion took place regarding the exercise room meeting the definition of a bedroom and that the entire basement meets that definition as well. In addition, a bathroom with a shower increases that potential use of the space as a bedroom or bedrooms.
Dr. James Taylor made the motion to approve the plan with the following conditions:
1. Remove the shower from the bathroom making that bathroom a half bath
2. Enlarge opening to the exercise room
3. Signed 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.
Pat LaRiviere seconded the motion.
SO VOTED UNAMIMOUSLY
4. Scott G. McDonald 410 McKoy Road M-10 P-94
Scott MacDonald, property owner, presented.
The property is 10,080 sq. ft. and currently has a 2 bedroom house on it. In 2000, a septic system was installed with variances to the side lot lines and design capacity for 371 gpd.
The owners propose to demolish the existing 2 bedroom house and build a new 2 bedroom house.
Dr. Joanna Buffington made the motion to approve the plan with the following conditions:
1. No increase in flow allowed
2. Deed restriction to be recorded for 2 bedrooms
3. No increase in habitable space without abutter notification and EBOH review
4. Verify proper function of existing septic system
Beverly Knox seconded the motion.
SO VOTED UNAMIMOUSLY
5. Ross Bierkan 225 Sparrow Road M-4 P-190
Abutter notification for the October 25, 2012 meeting were mailed to abutters of this property, however, documentation for the EBOH packets was not received in time for the packets. Therefore, a request to continue this hearing until the November 15, 2012 EBOH meeting has been made.
Pat LaRiviere made the motion to approve the request for a continuance.
Dr. Joanna Buffington seconded the motion.
SO VOTED UNAMIMOUSLY
V. APPROVAL OF MINUTES
6. September 27, 2012 – Meeting
Dr. James Taylor made the motion to approve the minutes.
Beverly Knox seconded the motion.
SO VOTED UNAMIMOUSLY
7. October 16, 2012 – Workshop (if available)
These minutes were not available for review at this time.
VI. CORRESPONDENCE & OTHER INFORMATION
Due to the tight schedule in November, a workshop will not be scheduled for that month.
VII. ADJOURNMENT
3:43PM
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