MINUTES
EASTHAM BOARD OF HEALTH MEETING
THURSDAY, FEBRUARY 21, 2013 AT 3PM
Present: Dr. James Taylor, Chair, Pat LaRiviere, Vice Chair, Beverly Knox, Dr. Martin Haspel, Dr. Joanna Buffington, Jane Crowley
Not Present: Susan Barker
- PUBLIC NOTIFICATION RE VIDEO AND/OR AUDIO TAPE
Dr. James Taylor reminded everyone regarding this.
- Beverly Knox reminded everyone about the medication disposal box at the Eastham Police Department. This is a safe and secure way to dispose of expired or no longer needed medications, both over the counter and prescription. You can empty the medication into a plastic bag if you do not want to drop off the bottle or original container.
- Jane Crowley:
- The big issue being addressed by the Town of Eastham is the water quality of the wells abutting the landfill. Testing in the area has expanded and by March 15th, a new report with the updated results will be provided to the DEP. Jane will present further information later in the meeting.
- Brian Baumgaetel, Environmental Project Assistant, Barnstable County, provided a presentation to the Board of Health and Engineers on Innovative/Alternative Septic System Performance. A Video of the meeting was made and can be viewed by anyone who is interested. It is available on the Barnstable County website or the Town of Eastham website under Videos on Demand.
- Cape Cod Commission had a meeting to discuss wastewater on a regional level. The goal is to work on this issue in a partnership and to determine how to use the sizeable grant they have for this issue.
- The Nauset Gun Club and the Cape Cod National Seashore are working together to clean up the lead debris from the club. They are developing good plans to address this issue.
- January 31, 2013 – Meeting
- February 5, 2013 - Workshop
One edit was noted and adjusted at the time of the meeting.
Dr. Joanna Buffington made the motion to approve the minutes with the edit noted
Pat LaRiviere seconded the motion
SO VOTED UNAMIMOUSLY
- Colan Realty, LLC 325 Massasoit Road M-8 P-421
Ben Zehnder, Attorney and David Lajoie, Felco, Inc. presented
The current dwelling is very dilapidated and is located in Zone D. Based on the zone, a single family residence is not permitted; therefore, the proposal is for a dwelling that will have office space on the first floor and two 1 bedroom apartments for rent on the second floor.
The current Title 5 Septic System has flow of 660 gpd and the existing house had 3 bedrooms. The proposed dwelling would require flow of 364 gpd which is 34 gpd more than a 3 bedroom house. Under the Eastham Board of Health Regulations, Section 1.D.F on page 14, it states that “For systems designed in accordance with Title 5 prior to March 31, 1995, …. The maximum number of bedrooms allowed shall be determined by the number of bedrooms in the existing house, …”. Eastham’s regulations do not have a by-law speaking to flow.
The state Title 5 states that you can use the flow of the “old system” as that is grandfathered. The Eastham local regulations speak only to the number of bedrooms. In addition, in the Eastham Regulations, Section 13.B.1 on page 86 notes that “New commercial structures with a Title 5 design sewage flow for existing use of under ten thousand (10,000) gallons per day that exceed 440 gpd/40,000 sq. ft..”
The BOH noted a few points:
- The existing Title 5 System is an old system and does not treat flow as it should be treated based on today’s standards.
- They would like to applaud Cape Associates for taking this property and building it to support both themselves and the town with the rental apartments.
- The BOH must watch out for the public’s health and safety when reviewing proposals like this.
- The BOH requests an I/A system but at 330 gpd flow. To do this, the size of the dwelling would have to be reduced.
Ben Zehnder would like to come back to the BOH with an I/A system with a variance request for 364 gpd. (The BOH noted that this is a 10% increase in flow from the requirements for the property.) Therefore, a request for a continuance to the March 28, 2013 meeting was requested
The BOH confirmed that they were willing to entertain consideration for this system and agreed to the request for continuance to March 28, 2013.
- Mary-Jane & Frans Cramer 325 Harmes Way M-1 P-109
Jason Ellis, J.C. Ellis Design presented.
This is a similar situation as 2 other properties the BOH reviewed on Harmes way during the past 2 years. Those 2 properties faced erosion issues and this property is impacted by the opposite situation as the sand is ecreting to the point that it is swallowing up the house and garage. The property is in the Coastal Dune.
The current house has 2 bedrooms on the first floor and a loft area on the second floor. With the proposed plan to upgrade the septic system to an I/A system, the house will be placed on pilings, a dormer will be added to the loft area, a walkway will be set to connect the deck to the garage and a full bathroom will be added to the loft area. Jason considered the current loft as a bedroom as it met the definition of a bedroom except for the privacy to it. Jason provided the BOH with pictures of the current loft area. The area on the second floor of the garage would be for storage of kayaks and other outside equipment that cannot be stored near or under the garage.
After discussion about the loft area to determine if it was a bedroom or not, it was determined that as it did not offer privacy and so did not meet the definition of a bedroom. The BOH requested that the proposed plan be revised to indicate 2 bedrooms rather than the 3 currently noted.
Dr. Joanna Buffington made the motion to approve the plan as submitted 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 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 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 Advantex AX 20 System alternative technology requirement to be recorded with the Barnstable Registry of Deeds and a copy provided to the Eastham Health Department
- Designer to verify proper operation of the system prior to issuance of Certificate of Compliance.
- Subject to Conservation Commission approval.
- Update of the plan to reflect 2 bedrooms.
Pat LaRiviere seconded the motion
SO VOTED UNAMIMOUSLY
- William & Elizabeth Hurley 120 Huckleberry Lane & M-7 P-346
720 Shurtleff Road M-7 P-326
Jason Ellis, J.C. Ellis Design presented.
This is a request for a re-approval of a shared system without variances that was approved by the BOH on February 17, 2011. The application for this shared system is with the State and once approved, the owner plans to install this system in the spring of this year.
Dr. Joanna Buffington made the motion to grant the extension with the same conditions approved on February 17, 2011.
- No increase in flow allowed
- Deed restriction to 2 bedroom on parcel 326 and 4 bedrooms on parcel 346 and the use of Shared Advantex AX20 3B Innovative Alternative septic system to be recorded with the Barnstable Registry of Deeds and a copy provided to the Eastham Health Department
- Existing wells to be tested for Routine parameters
- Require legal statement of well variance, variance for deeded well easement by owner’s Attorney, to be recorded and enacted at time of transfer
- Subject to DEP approval for Shared Use System grant of Title 5 Covenant and Easement
- Secondary treatment and monitoring under general use approval conditions per DEP regulations including testing quarterly for total nitrogen, TSS, BOD, and Nitrate nitrogen not to exceed 19 mg/L (or two times per year for seasonal use). After two year period of time reduction of testing could be requested to Board of Health by owner
- Operation and maintenance agreement to be submitted to EBOH. Operation and maintenance agreement required for life of the system. Operator to report results via Carmody Data Base provided through Barnstable County Department of Health and Environment or directly to Eastham Health Department
- Designer to verify proper operation of the system prior to issuance of Certificate of Compliance
- Any increase in square footage would require Board of Health review and abutter notification
Beverly Knox seconded the motion.
SO VOTED UNAMIMOUSLY
- Hole In One Nominee Trust 4295 State Highway M-8 P-142C
Tim Brady, East Cape Engineering, Inc. presented.
The owners of the Fairway Restaurant are proposing to enlarge the kitchen area of the restaurant for food preparation. The increase in habitable space will be in the kitchen only and the seating capacity will remain at 115. The DEP has approved the proposed remodel based on the current Public Water Supply on the property.
Beverly Knox made the motion to approve the plans as presented.
Pat LaRiviere seconded the motion
SO VOTED UNAMIMOUSLY
- Michael Ruyffelaert 185 Sunset Ave M-19 P-50 & 51
Tom Hilferty, Contractor, presented.
The original 2 lots – 185 Sunset Ave and 171 Sunset Ave – have been combined to be 1 property with an address of 185 Sunset Ave. The owners would like to remodel the house that is located on the property that was 171 Sunset Ave. The remodel would include removing 1 bedroom from the first floor and adding a new bedroom and bathroom to the 2nd floor of the house.
Pat LaRiviere made the motion to approve the plans as presented with the following condition:
- Deed restriction for 4 bedroom use to be recorded with the Barnstable Registry of Deeds and a copy provided to the Eastham Health Department
Pat LaRiviere seconded the motion
SO VOTED UNAMIMOUSLY
- CORRESPONDENCE & OTHER INFORMATION
Results of Emergency Planning Audit
- The Audit went very well and we passed with flying colors
Blizzard of 2013
- The preparation and running of the shelter went very well. The Red Cross and volunteers did a great job!
- This is the first year that the shelter took pets which was federally mandated after Hurricane Katrina as a result of people not going to the shelters as they would not leave their pets.
- As the Sandwich shelter had problems with their generator, people from the Sandwich area were bused to Eastham.
Update of Landfill IRA
- Jane reviewed the map of the test site area with the BOH.
- The LSP has determined that the flow of water is down between Molls Pond and Ministers/Schoolhouse ponds. Both of these ponds have had issues in the past year.
- 5 households are receiving bottled water. 1 household had a new well drilled and the expense was covered by the Town.
- To date, a 60% response rate from the abutters mailed to has been received.
- The test site includes 89 parcels with 87 wells.
- We are working to identify the well depth of all wells as it is an important factor to follow the hydrology of the water.
- This issue was identified based on the testing of 25 Schoolhouse Road which has been tested regularly since 2004 for vinylchloride which was found in wells around the landfill at that time. The monitoring done in 2004 was based on a greater area but in the same flow direction as the current monitoring.
Jane will obtain the schedule of Panel meetings set by the Board of Selectmen and provide it to all.
The workshop for March was set for Tuesday, March 5, 2013 at 9:30AM.
4:43PM
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