MINUTES
EASTHAM BOARD OF HEALTH MEETING
THURSDAY, MARCH 28, 2013 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.
Dr. James Taylor advised that the Town is working to keep the residents updated regarding municipal water. It is our hope that the meetings and the informational documents are helpful to all as they review this issue.
Jane Crowley advised that the meeting schedule for the public is as follows:
- Why Water meetings were held on March 12 and 16
- System Design/Installation meetings were held on March 19 and 23
- Financing/Operations meeting – one was held on March 26 and a second meeting will be held on March 30, 2013
- Full Story meetings will be held on April 13 and 27
The videos for these meetings can be viewed on the Town of Eastham website, under Video on Demand. Questions can be submitted on line or in writing at the meeting.
The next report of the Landfill Project will be finalized and published shortly. It should be on line as early as Monday, April 1, 2013. Bottled water is currently being provided to 9 households based on 7 impacted wells. Jane will review the report with the BOH at a future workshop.
- February 21, 2013 - Meeting
Due to time, this was not addressed and will be continued to the April 10, 2013 workshop.
- Cornelia Sittel, Buyer 195 Campground Road M-8 P-239
Dave Bennett, Bennett Environmental Associates, Inc. presented.
This lot is 15,100 sq ft and the buyer would like to build a 1 bedroom home on it with a Title 5 Septic System. The proposed dwelling will be 1 floor living space with a crawl space.
Title 5 regulations do not mention one bedroom dwellings and notes that a 2 bedroom system is he minimum with a Deed Restriction. The buyer does not want to put in an Innovative Alternative (I.A) system due to the impact to the environment and the cost. This is based on the finding from Dave Bennett that a Title 5 system on this lot with 1 bedroom would be better for the environment than an I/A system.
A letter of concern from William G. Leary and Kathryn Fee of 45 Bradford Lane was read for the record and is attached to these minutes.
Deborah Bainton, the seller of this property asked to speak. Originally, Mr. Leary wanted to purchase the land from her, however, they could not agree on the price and so the property was put on the market. As a result, an agreement was reached for the sale with Cornelia Sittel. Ms. Sittel noted that the concerned neighbors have mis-understood the plans as their letter refers to a full basement, yet the proposed home will be built on a crawl space.
The BOH must focus on the property and the impact to the environment now and in the future. The final approval for this is the DEP as the variance is to their regulations. A copy of the letter issued from the BOH will accompany the application for variance approval to the DEP,
Dr. Marty Haspel made the motion to approve the plan as submitted with the following conditions:
- VOC and Routine water quality test results be provided of proposed 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.
- Deed restriction to 1 bedroom use to be recorded with the Barnstable Registry of Deeds and a copy provided to the Eastham Health Department
- Subject to DEP approval.
Dr. Joanna Buffington seconded the motion
SO VOTED UNAMIMOUSLY
- Mark & Jacqueline Breton 30 Longstreet Lane M-10 P-363
John O’Reilly, J.M. O’Reilly & Associates, Inc. presented.
The Eastham Board of Health previously reviewed this property and approved an I/A system which has been installed. One of the conditions of that approval was that “Any increase in habitable square footage would require abutter notification and Board of Health review”. The proposed remodel of this property results in an increase in habitable space of 500 sq. ft.. During the recent Conservation Committee review, it was found that the house is 97’ from the coastal dune so they are looking for approval of a 3’ variance. The lot is 6,000 sq. ft. with an existing 3 bedroom house.
Pat LaRiviere made the motion to approve the plan dated February 9, 2012 and revised on March 27, 2013 with the following conditions:
- No increase in design flow allowed
- Existing well to be tested for Routine parameters
- Secondary treatment and monitoring under remedial use approval conditions per DEP regulations including testing quarterly for total nitrogen, BOD, TSS, Nitrate (or 2 times per year for seasonal use). Nitrate-nitrogen not to exceed 19 mg/l. After 2 year period of time reduction of testing could be requested to EBOH by owner.
- Operator to report results via Carmody Data Base provided through Barnstable County Health or directly to the Eastham Health Department if not available. Operation and maintenance agreement to be required for life of the system.
- Deed restriction for use 3 bedrooms and Septitech alternative technology requirement to be recorded on deed (already recorded).
- Designer to verify proper operation of the system prior to issuance of Certificate of Compliance.
- Any increase in habitable square footage would require abutter notification and Board of Health review.
- Subject to Conservation Commission approval.
Dr. James Taylor seconded the motion
SO VOTED UNAMIMOUSLY
- Brian & Brianna Seppala 15 West Road M-4 P-481
Jason Ellis, J.C. Ellis Design, presented.
The Seppala’s recently purchased this property. The current dwelling is hovering over the coastal bank and is in a precarious situation. Based on this, they plan to remove the dwelling and rebuild on the property by moving the new dwelling back from the top of the coastal bank. A part of the project includes the replacement of 2 cesspools with an Advantex AX 20 System. The installation of this system will require variances as outlined in the filing for this hearing.
Pat LaRieve made the motion to approve the plan dated February 15, 2013 with the following conditions:
- Routine water quality test results to be provided of proposed 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 general 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 a 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 alternative technology requirement to be recorded on deed
Designer to verify proper operation of the system prior to issuance of Certificate of Compliance
Subject to Conservation Commission approval
Complete set of floor plans showing 48” opening into Den. Plans submitted to Jane Crowley, Health Agent.
Basement to remain unfinished
Dr. Martin Haspel seconded the motion.
SO VOTED UNAMIMOUSLY
- Christopher & Deanna Ross 50 Alston Avenue M-12 P-277
Dave Bennett, Bennett Environmental Associates, Inc. presented.
The new well was installed due to emergency conditions and posthumously requires approval for side line set back reduction. The setback to the side line is 25’ and the variance requested is to approve the well location at 14.2’ from the side line
Pat LaRieve made the motion to approve the plans with the following conditions:
- Proposed well to be tested for VOC and Routine parameters and will not be used until acceptable water quality results are received
Dr. Martin Haspel seconded the motion
SO VOTED UNAMIMOUSLY
- John & Suzanne Casali 1145 Kingsbury Beach Road M-10 P-330A
Tim Brady, East Cape Engineering, presented.
The property is 23,600 sq. ft. and currently has a 3 bedroom dwelling on it. The Title 5 system was installed in 1999 with flow for 3 bedrooms. The owners propose to add an entry area and bath on the first floor and 2 bedrooms on the second floor. The dwelling would remain with 3 bedrooms.
Review and discussion of the plan took place. After discussion:
Pat LaRieve made the motion to deny the plan as presented. Based on the discussion items noted, the plan can be reviewed again at a future meeting.
Dr. Martin Haspel seconded the motion
SO VOTED UNAMIMOUSLY
- Kyle Morse & Stephanie Fields 10 Hughes Road M-8 P-19B
Jason Ellis, J.C. Ellis Design, presented.
The property is 42,536 sq. ft. and is part of a newly created subdivision. The plan submitted is designed for 5 bedroom flow with the benefit of nitrogen reducing technology.
The subdivision would be subject to Eastham BOH regulations Section XIII Additional Local Amendments to Title 5: Nitrogen Loading Regulations.
After discussion:
Dr. Martin Haspel made the motion to continue the review to April 25, 2013, at 3PM was made.
Dr. Joanna Buffington seconded the motion
SO VOTED UNAMIMOUSLY
- Colan Realty, LLC 325 Massasoit Road M-8 P-421
Ben Zehnder, Attorney for the Owner, presented.
The plans reviewed at the February 21, 2013 meeting were revised to include Alternative Technology as a mitigation measure to allow for the increased flow rate from 330 gpd to 370 gpd.
Dr. Martin Haspel made the motion to approve the plan dated March 18, 2013 with the following conditions:
- VOC and Routine water quality test results be provided of proposed 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, TSS, Nitrate (or 2 times per year for seasonal use). 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 for 2 Bedrooms and 2,000 sq. ft. office use and Advantex alternative technology requirement to be recorded on deed
- Designer to verify proper operation of the system prior to issuance of Certificate of Compliance
- Subject to DEP approval.
Dr. Joanna Buffington seconded the motion
SO VOTED UNAMIMOUSLY
- CORRESPONDENCE & OTHER INFORMATION
Jane Crowley obtained the signatures of 3 BOH Members (1 had left prior to this time in the meeting) on an form to confirm their support of the efforts of the Barnstable County Department of Health and Environment through the Massachusetts Alternative Septic System Test Center to obtain grant funding to investigate economical ways to achieve nitrogen removal from wastewater using “passive” denitrification.
The workshop for April was set for Wednesday, April 10, 2013 at 9:00AM.
6:15PM
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