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Board of Health Minutes 09/24/13 Meeting
MINUTES
EASTHAM BOARD OF HEALTH MEETING
TUESDAY, SEPTEMBER 24, 2013 AT 3PM


Present:  Dr. James Taylor, Chair, Dr. Martin Haspel, Beverly Knox, Dr. Joanna Buffington, Jane Crowley, Susan Barker
Not Present: Open Position


  • PUBLIC NOTIFICATION RE VIDEO AND/OR AUDIO TAPE
Dr. James Taylor reminded everyone regarding this.


  • OPENING STATEMENTS
Jane Crowley provided the following updates:
  • Flu Clinic planning has begun.  We will host 3 clinics as follows:
  • October 10, 2013 – Town Hall – 1PM to 4PM
  • Registration will be on line and a link will be on the Town of Eastham website
  • Open to anyone from 6 months old
  • October 17, 2013 – Council of Aging – 9AM to 12PM
  • Registration by calling the Council of Aging
  • October 24, 2013 – Nauset Regional High School
  • NRHS employees and students
  • As part of our Emergency Planning process
  • The Board of Health participated in Windmill Weekend and provided information on:
  • Blood Pressure screenings
  • Ticks
  • Sun Safety
  • Medical and Hazardous  waste disposal
  • Flu Clinic
  • Landfill Update
  • Pond Update
  • KI (Potassium Iodide) Distribution Program – the Health Department has a supply of these pills for distribution to residents.  The purpose of this program is to provide these pills to residents in the event of an issue at the Plymouth Nuclear Plant.  The KI pills will saturate the thyroid gland to prevent it from taking in any radioactive iodine.  The pills should not be taken until advised by emergency management.  NOTE:  The KI pills will not protect any other glands.
  • Blood Pressure screening clinics will be held on the first Tuesday of each month at the Eastham Library from 10AM to 1PM.
  • The Cape Cod Commission is facilitating Wastewater Management project for Cape Cod 208 area wide planning.  Jane is representing the Nauset Estuaries and Joanna Buffington is representing the Wellfleet area.  As the planning proceeds, Jane and Joanna will update the Board of Health.
  • Fertilizer Regulation – Cape Cod Commission has declared itself as a critical area for the application of fertilizer.  Each town can adopt, modify or not adopt the MA state regulation.  If a town does not adopt the MA state regulation, then MA state can mandate the regulation for that town.

  • VARIANCE
  • Susan Petrosky                  95 Lombard Lane                 M-15    P-164
Tom McLellan, Bass River Engineering, presented.

The owner of this property plans to upgrade the existing cesspools with a Title 5 Septic System.  Due to the size of this lot and the location of the existing wells in the neighborhood, variances in the setbacks will be required.

Jane advised that the owner of 59 Joshua’s Way had called concerning the location of their well to the proposed system.  A review of the plan confirmed that the system would be greater than the required 100’ setback from the well at 59 Joshua’s Way.  

There is a typo in Note 2 on the proposed septic plan.  Municipal water is not available at this property, nor any property in Eastham.

Dr. James Taylor made the motion to approve the plan dated July 31, 2013, with the following conditions:
  • Revise the plan to indicate that Municipal Water is not available
  • No increase in design flow be allowed
  • Deed restriction for 3 bedroom use to be recorded with the Barnstable Registry of Deeds and a copy provided to the Eastham Health Department
  • Any increase in habitable space would require abutter notification and Board of Health review.
Dr. Joanna Buffington seconded the motion

SO VOTED UNAMIMOUSLY


  • Diana Richter                           25 Kellie’s Path                M-11    P-425
Tom McLellan, Bass River Engineering, presented.

The owner of this property plans to upgrade the existing septic system.  Due to the size of this lot, the location of the existing wells in the neighborhood and the location of the wetland behind the house, variances in the setbacks will be required.  

This is an upgrade to the system and there are no changes or additions planned for the house at this time.  Regarding the variance to the well, Tom confirmed that the flow goes in the opposite direction so it will not reach this well.

Dr. Martin Haspel made the motion to approve the plan dated August 8, 2013 and revised on September 13, 2013, with the following conditions:
  • No increase in design flow be allowed
  • Deed restriction for 3 bedroom use to be recorded with the Barnstable Registry of Deeds and a copy provided to the Eastham Health Department
Existing well to be tested for routine parameters
  • Owner to install replacement well as shown on the plan “future well location” when new well is required
  • Any increase in habitable space would require abutter notification and Board of Health review.
  • Well Variance form to be recorded with the Barnstable Registry of Deeds and a copy provided to the Eastham Health Department
Dr. Joanna Buffington seconded the motion

SO VOTED UNAMIMOUSLY


  • Paul Manning                            13 West Shore Drive             M-7A    P-9
Tim Brady, East Cape Engineering, presented.

This property is currently for sale and as there is no plan on file for the current system, an upgrade to the old Title 5 System is required.   A new Title 5 system would be too close to all points and so the plan is to install and I/A system which reduces the variances needed.  One of the variances is that the well is only 69’ from the septic leach field and an I/A is more beneficial in that situation.

Beverly Knox made the motion to approve the plan dated August 28, 2013 with the following conditions:
  • Routine water quality test results be provided of existing well location to assure potabilty
  • 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 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 exceed19mg/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 3 bedroom use and use 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
Dr. James Taylor seconded the motion

SO VOTED UNAMIMOUSLY



  • Ronald & Jennifer Paasch                65 Harmes Way           M-1     P-100
Jason Ellis, J.C. Ellis Design, presented.

Due to erosion, the plan is to lift the house onto a pile foundation, remove the current basement, enlarge the footprint of the first floor and add a second floor.  An I/A retrofit system is also planned as the current septic system is an old Title 5 system with the use of the 1978 leach area which has a much smaller foot print than is required in today’s standard and is only 2.79 feet separation to estimated high ground water.

Discussion took place regarding the leach area and the separation to ground water.  The Board of Health asked if these could be brought up to standard.  Jason noted that he used the Cape Cod Commission’s recommended calculation and at the time of the PERC test, they observed a 4 foot separation to the groundwater which is the 1978 code.  However, in this area, the calculation includes a 1.8 ft variance that is to be applied and this is what brings the reported vertical separation to 2.79 ft.  

Jane Crowley advised that the proposed system is an improvement over the current system.  However, updating the current leach area to 1995 code would offer greater environmental protection.  In addition, under the Board of Health Regulations, vertical separation required is 4 feet for existing 1978 code systems and 5 feet for 1995 code systems.  In the event of the future sale of this property, this system may fail at the time of the Septic Inspection.

Beverly Knox made the motion to approve the plan dated July 5, 2013 with the following conditions:
  • Routine water quality test results be provided of proposed well location to assure potability
  • No increase in design flow be allowed.  Any increase in habitable space would require abutter notification and Board of Health review.
  • Consideration to increasing the size of the leach area and raising the elevation of the leach area was considered.
  • 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 the Eastham Board of Health (EBOH) by the 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 4 bedroom use and use 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
Dr. James Taylor seconded the motion

SO VOTED UNAMIMOUSLY


  • Marion Luetjen                  21 Beach Plum Lane              M-13    P-187
Jason Ellis, J.C. Ellis Design Company, Inc., presented.

This property is a tight lot in a densely populated area that is for sale.  In the plan to upgrade the existing cesspool to a Title 5 system with secondary treatment, the location of the leach area has been placed as far from all wells as possible.  The house is a 2 bedroom house and the system will include pressure dosing.

Dr. Martin Haspel made the motion to approve the plan dated August 14, 2013 with the following conditions:
  • Routine water quality test results be provided of proposed well location to assure potability
  • No increase in design flow be allowed.  Any increase in habitable space would require abutter notification and Board of Health review.
  • 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 the Eastham Board of Health (EBOH) by the 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 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
Dr. Joanna Buffington seconded the motion

SO VOTED UNAMIMOUSLY


  • REVIEW
  • Laurence Downes                 245 Mill Road                   M-15    P-24
Tim Brady, East Cape Engineering, presented.

On December 27, 2012, the Board of Health approved the upgrade of the septic system at this property.  As part of that approval, it was required that the bedroom count be reduced from 5 to 4 and that an I/A system be installed.  A 4 bedroom deed restriction has been recorded on the deed.

The new owner wants to remodel the house.  The upgraded system approved in December of 2012 will be constructed with the modified floor plan.  The proposed bedroom count change is as follows:


Existing House
Proposed House
Basement
2
1
1st Floor
2
2
2nd Floor
1
1
TOTAL
5
4
Dr. James Taylor made the motion to approve the proposed plan
Dr. Joanna Buffington seconded the motion.

SO VOTED UNAMIMOUSLY


  • Richard Trimble                 35 Wicklow Lane         M-17    P-4
Holly Tarleton, Art of Construction, Inc., presented.

The proposed plan is to build an attached 2 car garage with a finished space above including a half bathroom.  The purpose of this finished space is for a pool table and it will be reinforced for the added weight.

A discussion took place regarding the current floor plan which includes 4 bedrooms plus a study that meets the definition of a bedroom.  The additional space over the garage would also meet the definition of a bedroom, resulting in a total of 6 bedrooms on a 32,700 sq ft lot.  Based on this, a review of options to reduce the bedroom count to 4 took place.  Holly would like to review this further with the owner.  It was agreed to continue the hearing until October 31, 2013 at 3PM.

Dr. Joanna Buffington made the motion to continue the hearing until October 31, 2013
Dr. James Taylor seconded the motion.

SO VOTED UNAMIMOUSLY


  • David & Colleen Dubuque         30 Bradford Lane                M-8     P-215
Peter Kirtchner, Contractor, presented with the property owners, David & Coleen Dubuque.

The proposed plan is to finish the space over the garage for the sole purpose of providing Colleen Dubuque with a place to design her jewelry.  This is the perfect space for this hobby because of the natural light.

The lot is only 21,600 sq ft with a 3 bedroom septic plan.  The house has 1 bedroom on the first floor and 2 bedrooms on the 2nd floor.  There is a library on the 1st floor that has wide openings so it does not meet the definition of a bedroom.  The proposed plan to finish the space of the garage would meet the definition of a bedroom.

Discussion took place on how to reduce the number of bedrooms or how to declassify the space above the garage as a bedroom.  

Dr. Martin Haspel made the motion to deny the proposed plan as presented.
Beverly Knox seconded the motion.

SO VOTED UNAMIMOUSLY


  • REDUCTION IN INSPECTION
  • Michael Kraemer                 32 Bayberry Lane                M-13    P-162
Michael Kraaemer presented.

This house is a seasonal use house and the owner is requesting a reduction in testing to 1 time a year.

The Board of Health reviewed the results of the testing which looked good.  There was one high reading in June 2013 which was most likely due to the pre-season start up.

Beverly Knox made the motion to reduce the required testing to 1 time a year, in the September/October time frame.
Dr. Joanna Buffington seconded the motion.

SO VOTED UNAMIMOUSLY


  • CONTINUED
  • The Whole Claim, LLC            51 Old State Hwy                M-22    P-1
Matthew Eddy, Baxter Nye Engineering & Surveying, presented.
Andrew Singer, Attorney and the owner of The Whole Claim, LLC also attended.

The original plan has been modified to include Innovative Alternative treatment under General use.  The system will be a SeptiTech and based on this modification, only 1 variance is required which is the set back to the tank – 7’3” instead of the 10’ required.

Dr. James Taylore made the motion to approve the plan dated July 26, 2013, revised July 31, 2013, September 13, 2013 and September 18, 2013 with the following conditions:
  • No increase in design flow or increase in footprint of the structure be allowed without abutter notification and Board of Health review.
  • Secondary treatment with SeptiTech M1200 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.  
  • Operation and maintenance agreement to be submitted to Eastham Board of Health and Orleans Board of Health if requested.  Operation and maintenance agreement to be required for life of the system
  • Deed restriction for 880 g.p.d. capacity and use 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 review by Conservation, Planning, Zoning and Board of Health in both Eastham and Orleans as applicable.
  • On site perc test to be conducted prior to permit approval
  • Orleans Board of Health approval pending for 44 seat septic flow and other conditions as required.
Dr. Martin Haspel seconded the motion.

SO VOTED UNAMIMOUSLY


  • APPROVAL OF MINUTES
  • Meetings – August 29, 2013 and September 12, 2013
Workshops – July 22, 2013 and August 12, 2013

Dr. James Taylor made the motion to approve all 4 sets of minutes as noted.
Dr. Joanna Buffington seconded the motion.

SO VOTED UNAMIMOUSLY


  • CORRESPONDENCE & OTHER INFORMATION
Dr. James Taylor asked to have a workshop on the Fertilizer Regulation. Jane Crowley has provided the Board of Health with information that she has to day.  From now until January 1, 2013, we have time to review the regulation and to adopt it or not.  This would be a Board of Health regulation.  If we chose not to adopt it, the state will regulate it.

Workshop date set for October 16, 2013 at 9AM.


  • OTHER BUSINESS
None


  • ADJOURNMENT
Dr. James Taylor made the motion to adjourn at 4:50PM..
Dr. Martin Haspel seconded the motion.

SO VOTED UNAMIMOUSLY