Minutes of December 10, 2003. After noting four corrections and asking several questions on the material of the 12-10-03 minutes, Chair Rowell moved that the BOH approve these minutes as amended; Anne White seconded; the motion carried, 4-0. The Chair noted that it had come to her attention that a situation similar to that of the Danforth case (see 12-10 minutes, page 3) exists on Parcel #628 of AssessorVariance Requests:Parker, 160 Cottontail Road, Assessorinquired about the possibility of moving the well as an alternative to the variance to the wetland. Chair Rowell moved and Willecke seconded that the Board continue the hearing to allow the engineer time to design a SAS for 220 GPD to serve a 2-bedroom dwelling in accordance with 310 CMR 15.214. Discussion on the motion followed, and Farrell requested that he be allowed to design a system for up to 329 GPD; the Health Agent stated that this could be done, if it were deed-restricted, and further requested that the BOH give Farrell a clear direction in regard to moving the well. The Board felt that the plan should represent a maximum attempt to obtain compliance with the code, and therefore, separation to the well should be maximized. The motion to continue the hearing carried, 4-0.
Kane, 125 Day Road, Assessor11-15-03, for the upgrade of the existing septic system on the Kane property. Ken Granlund seconded; the motion passed, 3-0. [Chair Rowell returned to the table.]
Pease, 284 Ocean View Drive, Assessorincludes a proposed new well located in the far southwest corner of the lot, the opposite corner from the septic system. The plan requires variances to the locus well (42of Parcel 95 and the locus well might be achieved by shifting the leaching field to the east and proposing a reduction in size, since FAST still has remedial approval for 50% leaching reduction. A well-sharing arrangement was discussed. The Chair invited comments from the audience. John Howard, speaking as an acquaintance of Kathleen Robinson, stated that she was concerned about construction impinging on her property and destroying vegetation. Mr. Pease responded that he has already obtained permission from another abutter (Parcel 97) to access through that property. The Chair proposed continuing the hearing to allow Ms. Sequin to reconfigure moving the system 5time-gunrecorded against the deed for the property at the Registry in Barnstable, and proof of conditions deed recorded shall be submitted to the Health Department prior to the issuance of the Disposal Works Permit.A copy of a three-year operation and maintenance contract with a certified wastewater operator shall be submitted to the Health Department prior to issuance of a Disposal Works Permit.
Monitoring shall include testing the effluent for the following parameters: temperature, pH, nitrate, ammonia and TKN. The influent shall be sampled for these parameters once annually. The schedule for monitoring shall be quarterly for the first 2 years of operation, semi-annually for the next 2 years, and 1 sample annually from then on.Upon transfer of deed this schedule shall be restarted.All results copied to the Health Department.
In succeeding discussion, the Health Agent pointed out that the floor plan of this dwelling showed that the first floor sunroom meets the definition of a bedroom, making the count exceed 3 bedrooms. She noted that for rental purposes bedroom count should be limited to 3. Chair Rowell proposed an addition condition:
Under 105 CMR 410, the upstairs 2 rooms are not habitable and should not be used for bedroom space for rental purposes.
The motion carried, 4-0. However, at a later point in the meeting, Attorney Croce requested a reopening of the Pease hearing in regard to Condition #6 (specifying that the upstairs bedrooms not be rented), stating that these bedrooms have been rented for 40 years. The Chair suggested that the BOH could view these bedrooms as pre-existing the Sanitary Code; Richard Willecke was not comfortable with 5 bedrooms being rented on such a small lot; the engineer stated that it was rented as a 3, not 5-bedroom, house; it was established that the rooms upstairs were used as bedrooms, and that those downstairs, the living room and sunroom, did not function as bedrooms. The Chair amended Condition 6 to read: Under State Housing Code 105 CMR 410, occupancy for rental purposes is limited to 6 persons and
design flow limited to 3 bedrooms; Willecke seconded; the motion carried, 4-0.
Correspondence: The Chair distributed two letters from correspondence to the BOH along with her draft replies to each, stating that she hoped that the Board members would approve the drafts and sign the letters that evening. It was pointed out by the Health Agent and Richard Willecke that, according to BOH policy, any material to be considered in a meeting needs to be received by Board members before that meeting so that members would have time to study it. Letter responding to Chair Douglas Franklin, NRAB (letter of 12/4/03), asking for comment and review of the Harbor Management Plan chapters on Natural Resources and Shoreline Land Use: Chair Rowell moved and Anne White seconded that the Board of Health approve the response to Franklin's NRAB letter of 12/4/03 as drafted and
that this approved draft be signed and sent. The motion carried, 4-0; the letter was signed by the Board.Letter responding to Chet Lay, Slade Associates (letter of 12/1/03), asking for BOH policy concerning "how we can deal in the future with what we perceive as an overlapping of jurisdictions" regarding ZBA questioning of the Health Agent's previously rendered decisions; discussion followed. The Health Agent noted that it appeared that Rowell's letter suggests that the ZBA be allowed to continue to tie up applicants and add to their project's expense by mandating they attend meeting after meeting, including meetings with the Board of Health when no variances are required and no application was before the Board of Health. Discussion of the Chair's response letter, with its suggestion that applicants schedule agenda time with the BOH to satisfy the ZBA's obligation to rule out "detriment to the neighborhood prior to permitting" followed.
The Chair noted offense with the Health Agent's characterization of the ZBA as "putting certain projects through the ringer" and deliberately causing financial hardship, and commented that volunteers serving the town boards and committees have the intention of fair and thorough review of applications. The Chair stated that her suggestion that Slade Associates ask recourse from the BOH was a fair response. The Chair moved that the Board of Health approve and sign her draft letter of 1/14/04 in response to Lay's letter of 12/1/03; there was no second; the motion died. There was discussion about the language "detriment to the neighborhood", which addresses zoning concerns, not Health. Anne White encouraged the Chair to present material such as this to the Board before the meeting in which it was to be considered, in accordance with Board policy.The Chair reviewed other correspondence from the file, including the
following:
DEP letters (1-5-04) explaining non-approval of Cacchiotti and Glucksman septic plansDEP Notice of Noncompliance (12-24-03) to Mark Berry, Green Haven Cottages, regarding failure to monitor PWS for total coliform bacteria in October 2003; Ms. Beebe informed the Board that this may be a scheduling problemLetter of 1-7-04 from the Health Agent to Kristine Keese regarding non-compliance with BOH directives (approval of 1-14-94); Ms. Beebe noted that the letter had resulted in a phone call from the owner and evidence of conformity to come in the futureLetter from Tricia Lindauer of the Barnstable County Department of Health and Environment regarding Cape Cod Regional Tobacco Control Program's citation of the South Wellfleet General Store for sale of tobacco to a minor on 12-18-03.
Draft of Standardized Conditions: The Chair distributed and reviewed a draft of Standardized Motions and Condition Sets which she had prepared from earlier condition sets, asking Board members to study the list and add to it. The Health Agent discussed conditions in the list previously prepared by Richard Willecke from those used by the Town of Dennis. Willecke thanked the Chair for organizing this draft and noted that findings should be added, also.The meeting was adjourned at 9:10 p.m.
Respectfully submitted,
_____________________________
Frances J. Castillo, Committee Secretary
