MINUTES
EASTHAM BOARD OF HEALTH MEETING
THURSDAY, DECEMBER 27, 2012 AT 3PM
Present: Dr. James Taylor, Chair, Pat LaRiviere, Vice Chair, Dr. Martin Haspel, Dr. Joanna Buffington, Jane Crowley, Susan Barker
Not Present: Beverly Knox
- PUBLIC NOTIFICATION RE VIDEO AND/OR AUDIO TAPE
Dr. James Taylor reminded everyone regarding this.
Jane Crowley provided the following updates:
- Discussed and updated the Board of Health on water quality of private wells around landfill. Exceedance of a potential carcinogen—1,4 Dioxane.. There has been an increase in the testing of properties around the landfill. Ms. Crowley provided the Board of background history of the landfill. Landfill operation ceased in the mid 1990’s. The cap of the landfill creates a barrier, like an umbrella, which keeps rainwater from enter the capped area and allowing contaminants to migrate. Ms. Crowley stated that a plan needs to be developed in which off site migration is identified and determined. Dr. Haspel asked if it was possible that the contaminants were present in the groundwater before the cap was installed. Ms. Crowley stated that whatever was there is now beneath the cap.
Monitoring and surveillance programs were initiated.
- Joan Curran for the 245 Mill Rd M-15 P-24
Estate of Vytautas Montvila
Tim Brady of East Cape, Inc. presented.
On behalf of the property owners Mr. Brady requested a variances to 310 CMR 15.405 for an existing 5 bedroom dwelling which will include the conversion of one of the bedrooms in the basement into a family room. The proposed design included a future well location which meets the 100’ set back from the proposed leach area.
Discussion by the Board included the number of existing bedrooms in the dwelling and the possibility of I/A treatment. Dr. James Taylor proposed the use of I/A treatment in order to bring the property into maximum compliance as possible.
The Board deliberated and found the proposed plan does not meet maximum feasible compliance, however with modifications to the plan and submitted to Jane Crowley for final approval:
Ms. Pat Lariviere made the motion to accept with the following conditions:
1. Plan to be modified to include I/A treatment for 4 bedrooms.
2. Deed restriction for 4 bedrooms use and alternative technology requirement to be recorded.
3. No additional variances to be requested other than what was originally proposed
4. No increase in habitable square footage without Board of Health review and abutter notification.
5. VOC and Routine water quality test results be provided of existing well location to assure potability. Retain existing well and replace when needed at “future well” location.
6. No increase in design flow be allowed.
7. Secondary treatment and monitoring under general use approval conditions per DEP regulations including testing quarterly for total nitrogen, BOD, TSS, Nitrate nitrogen not to exceed 19 mg/L.
8. Operation and maintenance agreement to be submitted to the Eastham Board of Health. Operation and maintenance agreement to be required for the life of the system. Reduction in testing could be requested after two years of operation to the Eastham Board of Health.
9. Designer to verify proper operation of the system prior to issuance of Certificate of Compliance.
10. Subject to Conservation Commission review.
Modified plan to be submitted to Jane Crowley, Health Agent, for approval.
Motion was seconded by Dr. Martin Haspel.
APPROVED 4-0, 1 ABSENT
IV. REVIEW
2. Stephanie Schmalenberger 20 Hughes Rd M-8 Parcel-19C
Jason Ellis of J.C. Ellis Design Copany, Inc. presented.
Jason Ellis on behalf of the potential property owners has requested a review of a revised title 5 design previously brought before the Board of Health on November 15, 2012. The proposed submitted plan is designed for 5 bedrooms on a 52,741 sq ft lot with the use of Advantex AX20 nitrogen reducing technology
Finding that the revised plan meets maximum feasible compliance:
Dr. Martin Haspel made the motion to accept the revised plan with the following conditions:
1. VOC and Routine water quality test results be provided of existing well location to assure potability.
2. No increase in design flow be allowed.
3. Advantex AX20 secondary treatment and monitoring under general use approval conditions per DEP regulations including testing quarterly for total nitrogen, BOD, TSS, nitrate nitrogen not to exceed 19 mg/L.
4. Operation and maintenance agreement to be submitted to the Eastham Board of Health. Operation and maintenance agreement to be required for the life of the system. Reduction in testing could be requested after two years of operation to the Eastham Board of Health.
5. Deed restriction for 5 bedrooms use and Advantex AX20 alternative technology requirement to be recorded.
6. Designer to verify proper operation of the system prior to issuance of Certificate of Compliance.
Ms. Pat Lariviere seconded the motion.
APPROVED 4-0, 1 ABSENT
3. Susan Reynolds 45 Bridge Pond Dr M-13 P-41
Mark Clancy of Cape Associates presented.
Mark Clancy on behalf of the property owners has requested a review for proposed plans to construct a free standing garage with a room above and a full bathroom.
Discussion by the Board reflected that the space above the free standing garage meets the definition of a bedroom and that the 2009 septic design which was approved and installed reflects the use of a standard septic system due to the 2 bedroom status of the dwelling. The Board also discussed that the use of plumbing in the space above the garage extends the use and definition of a bedroom.
Dr. Martin Haspel made a motion to approve the plan with the following conditions:
1. Deed restriction to 2 bedrooms.
2. Bathroom in office space over the freestanding garage to consist of only 1 toilet and 1 sink, no shower or tub.
Dr. James Taylor seconded the motion.
2-Approved
2-Denied
1-Absent
NEGATIVE VOTE
Dr. James Taylor proposed bringing the plan back to the Board of Health at the next Workshop for a 2nd review of the plan when the Board may have full membership status present. Or discuss with the client the possibility of finishing the space without plumbing or adding I/A secondary treatment. The next workshop for the Eastham Board is Health is on Tuesday, January 15, 2013 at 9:00 am in the Earl Mountain Hearing Room.
V. CORRESPONDENCE & OTHER INFORMATION
4. Well Training
Jane Crowley informed the Board of an online well training opportunity. Ms. Crowley showed the Board the website. For information to participate go to Town website and follow links to register.
5. Herring Pond Update
Jane Crowley updated the Board on the Herring Pond remediation project and showed a video with highlights of the project. The project completion report has been submitted, no negative effects were observed after alum application in the Fall of 2012. Hoping for big improvements in the spring when monitoring will resume.
6. Phosphorus Management Plan-Charles Harris
Charles Harris, Chairman of the Water Management Committee updated the Board on the Draft Comprehensive Plan to protect pond water quality permits and the status of the draft plan. The plan includes aspects related to the Conservation Commission, the Board and Health as well as the Water Resource Committee which connect with the Board of Selectmen for approval before going to the state for final approval.
7. Approval of Annual and Seasonal Licenses
The Board reviewed the list for annual and seasonal licenses, which include:
Food Establishments
Motels/Campgrounds/Inns
Swimming Pools/Whirlpools
Milk and Cream
Manufacture Ice Cream
Tobacco
Septic Installers
Septic Haulers
Refuse Haulers
Dr. Martin Haspel made the motion to approve the annual and seasonal licenses.
Ms. Pat Lariviere seconded the motion.
APPROVED 4-0, 1 ABSENT
VI. APPROVAL OF MINUTES
November 15, 2012-Meeting
Ms. Pat Lariviere made the motion to approve the minutes.
Dr. James Taylor seconded the motion.
APPROVED 4-0, 1 ABSENT
VII. ADJOURNMENT
5:15 PM
Respectfully Submitted,
Susan A. Barker
Assistant Health Agent
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