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Board of Health Min 10/13/10
Approved
Minutes of Meeting of October 13, 2010
Senior Center, Conference Room, 7:00 p.m.
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Present:  Richard Willecke, Lezli Rowell, John O’Hara, Ken Granlund, Alex Hay, Agent Assistant Agent Andrew Petty, and Christine Bates
Chair Willecke opened the meeting at 7:00 pm.
1.      Title V Variances Requests
1.      Aiken & Hannah, 234 Main St., Map 15, Parcel 38 – Variance Requests.  David Lajoie represented the applicant, stating there is a cesspool on the property and they plan to hook up to town water.  There are apartments and retail on the property.  Lezli Rowell moved to approve Felco Plan 10088 dated 09/13/10 and grant the three variances requested in the letter of September 13, 2010 for the upgrade of a septic system to serve a two bedroom and retail grandfathered, nonconforming structure subject to the following conditions:
a)      Design flow is to be limited to 255 gpd
b)      No increase in habitable area without Board of Health review
c)      Any replacement of on-site well connection with Municipal Water Supply shall be done under the benefit of proper plumbing and electrical                permits, and authorization by the Water Commissioners, and in compliance with the Water System rules and regulations.
d)      Any restriction in design flow and all conditions shall be recorded against the deed for the property at the Registry in Barnstable, and proof of       deed recording shall be submitted to the Health Department prior to the issuance of the Disposal Works Permit.
e)      This is contingent upon percolation soil testing acceptable to the Health Department
seconded Alex Hay; passed 5-0.   

2.      Moe, 70 Ryder Court, Map 14, Parcel 14 – Variance Requests.  Lezli Rowell stated it is a retro variance request where there is no new design flow or configuration and that the new cellar variance is addressed by flow barrier.  Rowell thought in the past, the Health office could approve this type of request.  Due to the fact abutters were notified, the hearing will be continued to 10/27/10.  Alex Hay moved to continue to 10/27/10; seconded by Ken Granlund; passed 5-0.  

3.      Sargent, 240 Holbrook Ave., Map 14, Parcel 165 – Variance Requests.  David Lajoie represented the applicant and gave an overview of the project.  Andrew Petty stated with a crawl space, the variance request should state 12 feet instead of 2 feet’.  This is a septic system upgrade and the property is for sale with a commitment to hook into town water.  Lezli Rowell moved to approve Felco Plan 10081 revised date 10/14/10 and grant the two variances as requested in your letter of September 23, 2010 for the upgrade of a septic system to serve a three bedroom structure, a grandfathered nonconforming dwelling subject to the following conditions:

a)      Design flow is to be limited to 352 gpd, to serve three bedrooms.
b)      No increase in habitable area without Board of Health review.
c)      Any replacement of on-site well connection with Municipal Water Supply shall be done under benefit of proper plumbing and electrical permits,   and authorization by the Water Commissioners, and in compliance with the Water System rules and regulations.
d)      Any restriction in design flow and all conditions shall be recorded against the deed for the property at the Registry in Barnstable, and proof of       deed recording shall be submitted to the Health Department prior to the issuance of the Disposal Works Permit
seconded by Alex Hay; passed 5-0.

4.      Rolbein & LeBow, 50 Higgins Lane, Map 15, Parcel 120 – Variance Requests.  Lezli Rowell stated this is another application where a new cellar is the only trigger for review and recommends that the Health Department be allowed to approve from the office.  Andrew Petty stated if there were structural issues to consider, it should come to the Board of Health.  When new structure construction/renovation that does not trigger an upgrade to the septic or affect design flow will make a previously installed Title 5 system newly nonconforming in respect to one of the technical setbacks (and not ground or surface water protection) this is a retro variance that the Board agreed to permitting directly by the Health Agent.  Lezli Rowell moved to approve the retro variance as presented; seconded by Alex Hay; passed 5-0.  

5.      Freidel, 50 Harding Lane, Map 23, Parcel 96 – Variance Requests.  On behalf of the engineer and applicant, continuation to Oct. 27, 2010 was requested in order for Andrew Petty to do a walk through to verify bedroom count.  Lezli Rowell requested confirmation of bedrooms, property acreage and stated the wetland is fresh, which will not triggering denite.  John O’Hara moved to continue to October 27, 2010; seconded by Ken Granlund; passed
5-0.

2.      Business
It was reported there were 32 applications for Oyster Fest weekend.

3.      Licenses
F. L. Quinn – renew septic hauler license.  

4.      Minutes
        Minutes will be reviewed at the next meeting.

5.       Correspondence – No correspondence to review.  
Lezli Rowell moved to adjourn at 7:17 pm; seconded by Ken Granlund; passed 5-0.
Respectfully submitted,
Christine Bates, Committee Secretary