MINUTES
EASTHAM BOARD OF HEALTH MEETING
THURSDAY, NOVEMBER 15, 2012 AT 3PM
Present: Dr. James Taylor, Chair, Pat LaRiviere, Vice Chair, Beverly Knox, Dr. Martin Haspel, Dr. Joanna Buffington, Jane Crowley, Susan Barker
- PUBLIC NOTIFICATION RE VIDEO AND/OR AUDIO TAPE
Dr. James Taylor reminded everyone regarding this.
Jane Crowley provided the following updates:
- Herring Pond remediation treatment has been completed at this time, and pre and post monitoring completed. Weather conditions created issues that required a project extension granted by the Conservation Commission. Jane thanked Michael Leary, Videographer, who was able to take video of the project.
- Three flu clinics this Fall. Town Hall, Council on Aging, and Nauset Regional High School. The High School clinic was also used as a required Emergency Management Drill. This was a regional drill, the Town of Orleans Health Department was also present. As well as the Fire Department, Police Department.
- November 29, 2012 at 1pm there will be a joint of the Zoning Board, Planning Board, Conservation Commission and Board of Health. An agenda for that meeting is available. Dr. Taylor mentioned that the joint meeting will meet a requirement of the Board of Selectmen that the Boards meet once a year to discuss issues similar to all.
- Stephanie Schmalenberger 20 Hughes Rd M-8 P-19C
Jason Ellis, J.C. Ellis Design presented.
On behalf of the potential property owners Mr. Ellis requested a variance to Section XIII.B. of the Eastham Board of Health Regulations for the construction of a new 4 bedroom dwelling on a newly created 52,741 sq ft lot without the benefit of a nitrogen reducing system.
An abutter who was not able to attend the meeting forwarded a letter to the Board of Health stating her opinion of the requested variance, see attached:
Joanna Buffington made the motion to deny the variance request to Board of Health Regulation Section XIII.B., the following options can be considered to propose to the Board of Health for approval:
- Reduce the number of bedrooms to 3 for a standard Title 5 septic system. With a 3 bedroom deed restriction.
- Innovation Alternative nitrogen reducing septic system for 4 bedrooms.
Dr. Martin Haspel seconded the motion.
DENIED 5-0
2. Ralph J. Belford III 700 R Ocean View Dr M-24 P-5
Tim Brady, East Cape Engineering and Peter Caneen presented.
Tim Brady on behalf of the property owners has requested variances for the upgrade of an existing cesspool which services a 2 bedroom dwelling which is to be removed and replaced due to erosion on the site. The system proposed will be installed to serve the existing 2 bedroom dwelling. The requested variances are:
310 CMR 15.405: Contents of Local Upgrade Approval
1. a) 4’+/- to the 10’ required setback for proposed soil absorption system to property line.
b) 10’ +/- to the 20’ required setback for proposed soil absorption to foundation wall.
An abutter who was not able to attend the meeting forwarded a letter to the Board of Health stating her opinion of the requested variance, see attached:
Finding that the plan achieves maximum feasible compliance:
Dr. Haspel made the motion to approve the plan with the following conditions:
1. No increase in flow allowed.
2. Deed restriction to 2 bedrooms.
3. Conservation Commission approval required.
Dr. Joanna Buffington seconded the motion.
SO VOTED UNAMIMOUSLY
3. Anthony & Judith Dudah 4 Sandy Hill Ln M-4 P-286
Laura Schofield of Schofield Brothers of Cape Cod presented.
Laura Schofield on behalf of the property owners has requested a variance for the voluntary upgrade of the existing system in conjunction with proposed improvements to the existing dwelling. The requested variances are:
15.405: Contents of Local Upgrade Approval
1. b) An increase in the maximum allowable depth of system components required by 310 CMR 15.221(7) from 36” to 66” max for the distribution box and leaching area.
Finding that the plan achieves maximum feasible compliance:
Pat Lariviere made the motion to approve the plan with the following conditions:
- No increase in flow allowed.
- Deed restriction to 3 bedrooms.
- Existing and proposed floor plans to be submitted to Health Agent prior to approval to determine number of bedrooms. Limited to 3 bedrooms with deed restriction.
Dr. Joanna Buffington seconded the motion.
SO VOTED UNAMIMOUSLY
III. REVIEW
4. Ross Bierkan 225 Sparrow Rd M-4 P-190
Jason Ellis of J.C. Ellis Design presented.
A review is requested of proposed plans to finish space in a currently under construction dwelling. The project came before the Board on July 22, 2010 and then again on March 31, 2011 for the proposal to tear down of the dwelling and reconstruction of the dwelling. The approved system for the dwelling has pressure dosing with alternative treatment. The system has been installed but start up system has not been conducted.
The proposed finished basement space has no windows, has egress only through the bulkhead in the unfinished portion of the basement.
Dr. Martin Haspel made the motion to accept the proposal as presented with the following conditions:
- O&M contract to be submitted when purchase and sale has concluded.
Dr. Joanna Buffington seconded the motion.
SO VOTED UNAMIMOUSLY
5. Jon & Patricia Engstrom 1295 Herring Brook Rd M-13 P-58
Tim Brady of East Cape Engineering presented.
A review is requested of proposed plans showing a small addition and renovation to an existing dwelling. The renovation is proposed to remodel the existing garage into a handicapped accessible area and construct a handicapped accessible bathroom and interior ramp.
The property has an existing Title 5 system that has a capacity for 3 bedroom, installed in 1995 with variances to abutter well on parcel 35. The existing dwelling has 2 bedrooms on a 35,590 sq ft lot. In 2002 the Board approved an increase to the square footage with the condition that further review would be required for the increase in the number of bedrooms.
Dr. Haspel made the motion to approve the application with the following conditions:
1. Deed restriction to 3 bedrooms.
2. Inspection of existing system to verify function.
Beverly Knox seconded the motion.
SO VOTED UNAMIMOUSLY
October 16, 2012-Workshop
Dr. James Taylor made the motion to approve the minutes.
Beverly Knox seconded the motion.
SO VOTED UNAMIMOUSLY
October 25, 2012-Meeting
Dr. James Taylor made the motion to approve the minutes.
Beverly Knox seconded the motion.
- CORRESPONDENCE & OTHER INFORMATION
Dr. Taylor discussed the Town of Eastham Policies and Procedures for Boards, Committees, and Commissions. He stated that it would be a good idea to review these at a Workshop, to be scheduled.
Members of the Board reviewed the 2013 meeting schedule, the option of a February meeting to be scheduled either for 2/21/2013 or 2/28/2013. It was decided that February 21, 2013 would be best. Also mentioned was the meeting date set for December 26, 2013. It was decided to move the Board of Health December 2013 meeting to the previous week, dated December 19, 2013.
4:15 PM
Respectfully Submitted,
Susan A. Barker
Assistant Health Agent
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