PLANNING BOARD and BOARD OF HEALTH
JANUARY 14, 2009
MINUTES
Planning Board Members Present: Howard Sandler, Michael Cole, Craig Nightingale, Peter McDonald, Don Andersen, Tom Johnson (Alternate).
Members Absent: Leslie-Ann Morse, Richard Morello (Alternate).
Board of Health Members Present: Dr. Jim Taylor, Pat Lariviere, Beverly Knox.
Members Absent: Dr. Stanley Holt, Jeanne Morello.
Staff Present: Jane Crowley-Health Agent, Susan Barker-Assistant Health Agent, Frank DeFelice-Building Inspector, Sarah Raposa-Town Planner, Melody Gulow-Appeals Clerk, Janice Shea-Health Clerk.
Board of Selectmen: Martin McDonald, David Schropfer.
Others Present: Robert Freeman.
Howard Sandler called the meeting to order at 1:00 p.m.
Mr. Sandler announced that, as the Planning Board member instrumental in instigating this joint meeting, he would like to chair the discussion and Craig Nightingale, Planning Board Clerk, as the only Planning Board Officer present at that time, agreed. Mr. Sandler suggested this joint meeting of the Planning Board and the Board of Health be done once each year. He said this meeting is not to critique the Board of Health but because the Planning Board is now facing some real problems in trying to keep legal growth under control and as an example, mentioned the "Magnacca" case on Martha Avenue that came before the Planning Board. Jane Crowley stated that the Board of Health is not prepared to make comments on specific cases to which Mr. Sandler commented that the case does point out the need for this coming together
on definitions that determine decisions.
Health Agent, Jane Crowley, then gave some background on these regulatory adoptions. Several years ago a group of people representative of various Town Boards/Committees came together to address numerous regulatory tools that could be adopted by the individual Boards/Committees in Town for use in dealing with the growth issues. For example, rentals now need to test for potable water which was picked up by the Board of Health; and, site coverage exceeding 15% needs Planning Board review was adopted by the Planning Board; etc. When the Board of Health adopts any regulatory policy, it must be from a legally defensible position that has been taken for environmental/public health and safety rationale. She praised the new Town Planner and sees us moving forward as they work together.
Habitable Space
The floor plans that are seen by the Planning Board, the Board of Health, and the Building Inspector may not, in fact, agree and here is where a problem arises. These issues need to be tightened up and the terminology looked at. We start with local regulations but we also have to consider the Title V regulations regarding bedrooms and enforcement of the Housing Code. Suggestion made to use the phrase "NOT TO BE USED AS BEDROOM SPACE" as a way to avoid the confusion that has occurred by using the terms "Habitable Space" and "Occupiable Space".
Building Inspector: Disagreed with space over a garage that may be for an office being termed habitable space or a bedroom. Agreed with stamping on plans that space is not to used as a bedroom. If he gets a complaint, then he has some teeth to do something about it rather than trying to work with an assumption. He would like to have a regulation that states specifically that all development over a garage needs to go before the Board of Health for review and that would give him very clear recourse.
Dr. Taylor: He sees habitable space as anywhere someone may occupy or use an area and would suggest in instances where the matter is not clear that it be sent to the Board of Health for review.
Health Agent: She explained that separate space over a garage is called a bedroom when she reviews plans. The Board of Health is about public protection and when a denial is given, the applicant can appeal. Again, because the public safety is at stake in these decisions, there is a need to consider all possibilities.
Dwelling
Building Inspector: Three things are needed to define an area as a dwelling: 1) bedroom, 2) bathroom, and 3) kitchen.
Some discussion about whether the accessory to a dwelling is then a dwelling bringing out the importance of clarifying these definitions for both the Planning Board and the applicants.
Bedroom
Building Inspector: The definition for bedrooms is not well thought out for example you need egress windows, a certain type of ventilation and a specific amount of light for a space to be defined as a bedroom.
Health Agent: The language was originally taken from the State and then worked with and if it meets the trigger as a bedroom on a small lot, it does not get a sign-off but is then sent to the Board of Health for their review.
Mr. Cole: The Board of Health has enormous powers if someone with an office or a room to accommodate a hobby comes before them and that room is defined as an additional bedroom.
Dr. Taylor: We are dealing with new issues but regulations and definitions that are now 10 years old. There are bound to be needed changes and now we see that space developed over a garage and how that is to be defined and regulated is one of them. It should be pointed out again that people with a problem can appeal these decisions and when that is done, the Board of Health tries their very best to do the right thing. He recommended getting together to work on these definitions.
All agreed to get together and resolve this. Building Inspector said he will make sure these cases get to the Health Agent for review.
Basement Finishing
Mr. Johnson & Mr. Sandler: Introduced a Planning Board case involving property on West Shore Drive presently under appeal to show how people will take things as far as they can. The basement was unfinished with no door on the initial plans seen by the Building Inspector, the Board of Health, and the Planning Board and then all of a sudden a door appears.
Health Agent: The Town Planner and I are looking at plans together to make sure we are on the same page and it would be helpful if the Building Inspector sent more plans to the Health Agent for review.
Dr. Taylor: As we enforce these regulations more consistently, perhaps the message will get out. Every time the Board of Health grants a new system part of the condition of approval is that any change in space needs to again be reviewed by the Board of Health. This is another way to catch things that may have slipped by the first time and it also gives us a trigger to know of any changes being made.
Health Agent: She explained how they handle older pre-existing dwellings (i.e. 1800's) where the bedrooms from that period may be much smaller than rooms are now as defined in the Housing Code. The Board of Health is looking for environmental compliance and often when these older buildings are sold there is no septic record. Title V regulations have been in effect for 30 years ago.
In regard to rentals, the Health Department is trying to develop a pro-active rental inspection system. In the past, the Town Clerk has asked the Board of Health and the Assessor's Office and it has been a combined effort but now the Assistant Health Agent, Susan Barker, is going out on rental inspections to verify compliance with the building and septic regulations and the Housing Code.
Building Inspector: Disagreed totally with the Board of Health policy that requires the installation of a new system just because there are no septic plans on record. If an older system, septic tank or pit, is working an engineer should be able to verify that. I do not think someone should need to put in a new system.
Health Agent: Often plans dating back to the 1970's can in fact be located and credit goes to those who have maintained these older records but it needs to be pointed out again that we are talking about environmental protection and public safety here. If the septic plans can not be produced, then yes a new system needs to be put in and that is fair. It is a very clean way of handling things and it will improve the water quality in this Town in the future. She further explained that an engineer's inspection after the fact would be unable to verify installation requirements about that system and that is one reason why that would not be adequate. We are talking about only three or a little more in a year that come up against this.
Building Inspector: Pointed out that there may be more going forward if he sends all applicants proposing to put rooms over their garages to the Board of Health.
Dr. Taylor: Asked that they meet again and that the Planning Board prepare a list of items to resolve.
Some discussion regarding the GIS maps on display and the importance of the density issues for both the Planning Board and the Board of Health.
Mr. Cole: Is the Board of Health is taking a lead role with alternate systems?
Health Agent: It is one approach and Sterns & Wheeler are working to come up with other options. Water supply and waste water must be looked at all along the way and we need enforcement of the zoning regulations.
Discussion of sewers for the Town and how zoning will play a part in being able to develop accurate computations relative to water flow needs. The Health Agent's work with Smart Growth was mentioned and that in order to get any grant money for sewers all the Towns will need to show that growth rate controls are already put in place.
Mr. McDonald: Asked the Board of Health to reconsider their policy septic systems not on record and let an engineer's review suffice. This is the only town that has such a policy.
Building Inspector: Also, asked the Board of Health to change the policy that requires a seasonal home converted to year-round use meet this septic plan requirement.
Health Agent: Board of Health review along with the Planning Board review has much improved things and some owners do make innocent changes.
Ms. Abbott: Two weeks ago she watched the televised ConsCom meeting on the local station discussing a house removal and rebuild realizing this had never come before the Planning Board.
Building Inspector: He addressed this explaining that he issued the owner a building permit with the assurance the basement area was not to be finished, had them sign the plans to that effect, and told them refinishing the basement would require Planning Board review.
Discussion followed with the Planning Board members and the Building Inspector regarding whether this should have been brought to the Planning Board because of the size of the new building.
A MOTION to adjourn was made by Peter McDonald and Seconded by Craig Nightingale.
Meeting adjourned at 2:20 p.m.
Craig Nightingale, Clerk
Eastham Planning Board
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