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Minutes 07-06-2010 MTG. #2
                        TUESDAY,  JULY 6, 2010 AT 6:30 PM



Chairman Dr. Stanley Kocot called the meeting to order at 6:35 p.m. It is noted that due to the agenda posting of the hearing for a scheduled time of 7:00 p.m., that must be the time the Board holds the hearing.  The new Selectmen liaison, Robin Wilkins, was welcomed to the meeting.


Motion Dr. Insley moved to approve the minutes of June 1, 2010 after amending typed error page 3, 8th line from bottom § C to “continued use: “ and page 4, golf course line 8, eliminate “entities”, “others” stays instead; Dr. Hurst seconding; motion passed.


A – Discussion Farmers markets and suggested inclusion for food service—permits and fees—Health Director:  there is support for a change in the permitting process; the Chairman and I met to draft a plan--the proposal before you.  The only permit now available is a temporary which issues for a 2-week period at $ 25; the market runs for 8-10 weeks where we inspect at each location, such as sausage or hot dog vendors. Vendors who have retail permits need a permit to participate in a farmer’s market.  We have tied fees to staff time involvement:  1) Harwich based businesses or home kitchen, 2) Harwich based commercial or wholesale vendor, 3) non-Harwich based businesses are the three tiers.  A professional commercial kitchen has scale sealed, follow preparation rules; do they have water at the site?  The non-Harwich based business would require a complete work-up on their base of operations as totally unknown to Board of Health, check their permits, look at what they are preparing—it requires a far more thorough review per 105 CMR 590.000.  The permits would be good for one year’s use in Harwich.  There is a need for the current year; we need to ensure the public’s health. John Sennott, Farmer’s Market Chairman:  we take no paychecks, the Market is helping the Brooks Museum; Donna Eaton is a volunteer.  Ms Eaton: our farmers make value-added products—Cedar Spring Herb Farm has been doing this for 13 years.  In Orleans and Hyannis, the permit issues to the Market which pays one fee from fees the Market collects from participants to cover all costs—marketing; all permitting and other fees.  Hyannis and Harwich are non-profit corporations; we do this for the Museum to bring people to Harwich.  A 14-week market would be 1/3 of the year; the permit should cost less than 1/3 of your annual permit.  The MDPH guidelines suggest a percent of the regular fees, based on the number of weeks of operation.  There is a Limited Food Service Vendor annual permit for individual farmer participants or a specific permit fee for the Farmer’s Market Retail Food Service permit, which takes the market as a group, as they do in Orleans and Hyannis.  It costs $ 25 for a non-profit retail vendor’s permit.  We provide a service to the community; if vendors had to pay $ 125 for a 13 to 14-week season, that would be prohibitive.  Ms Howell:  it is for a non-profit, but the vendors make a profit.  Chairman Kocot:  the Health Department is charged with protecting the health and safety of the citizens of the town.  We looked at the costs of time and effort by the staff to handle the permitting for all of the vendors.  Ms Eaton:  we sought a bread vendor as customers want that available—we got Hyannis bread store—Pain d’Avignon;  submitted Board of Health permit they had from Hyannis.  

Health Director:  they do come to inspect the vendors at the Orleans market, although the inspectors did not go to Hyannis to inspect the establishment.  They don’t have local permits; we could not produce the base of operation.  The process is more cumbersome; each vendor needs to go through the inspection and permitting process; we have been asked to seek realistic cost recovery when setting fees.  We have nothing against the way Orleans handles the process; I deal with individual businesses—if there is an issue I issue a ticket to the individual business.  Colleen Springer: I pay for a home-based limited health permit; I now must pay a second fee for the privilege of selling my product at the Farmer’s Market—this seems like a double charge.  Health Director:  large business require multiple licenses; the DPH by definition requires each operation to have a separate permit.  Dave’s Ribs has a facility permit; a license to work at a party; a license to sell to other retailers, wholesalers is another line and if he makes ice cream, he needs another permit.  All are considered different operations.  We must verify the refrigeration; material handling, transport temperature remains less than 41º  for refrigerated food and > 145 º if cooked.  Ms Eaton:  I do not need a license to sell via the internet or by brochure or to the Eastern States Exposition; those are the same as selling out of my house.  The Farmer’s Market won’t work if the cost is too high; they paid
$ 125 to the Market for all of their costs; the Selectmen want to bring the market into public view—herbs, flowers, bringing social groups together and helping out the farmers—to make them visible.  We will enforce the rules if you permit the entire entity; we don’t want the concept to strangle before it has a chance to get started.  Chairman Kocot:  I noticed your customers were not using the sidewalks; the place was mobbed; there was no control in the area.  Selectmen liaison Wilkins:  other Selectmen and the Town Administrator have told Ms Champagne there is concern over the fees.  This is a difficult issue; I had not known of the other model.  Motion Dr. Hurst moved to adopt the drafted recommendations with the 3-tier pricing upon notice and holding of a hearing; Ms Watson seconding; motion passed unanimously.  Health Director:  this was a draft concept; we will wait to hear feedback from the Selectmen’s liaison; we set fees after holding a public hearing.  Liaison Wilkins:  I will put this on their agenda.  Motion Dr. Insley moved to accept the five vendors as listed by the Health Director for a temporary authorization until the next meeting; Ms Watson seconding; motion passed unanimously.

B – Proposed changes to fines for non-criminal disposition – (1) tobacco products; (2) standards for food establishments and swimming pools—Health Director:  to go along with the hearing already in place, we need to update our fines for tobacco products non-compliance—proposal is
1)  $ 50 fine for first offense, 2) $ 100 for second offense and 3) $ 300 fine if a third offense occurs and must appear before the Board of Health upon third offense.  Food establishments and swimming pool offenses, proposal is:  1) inspector to give written warning, 2) fine is $ 50 for second offense, 3) fine is $ 100 and must appear before the Board of Health if a third offense occurs.  Query:  if a real estate transfer occurs and they had not passed septic system inspection—is there a fine for that offense?  There is a $ 50 ticket.  Motion Dr. Insley moved to adopt the three steps of fines for 1) tobacco products and also for 2) food establishments and swimming pools; Ms Watson seconding; motion passed unanimously.


A – Hearing – continued from June 1, 2010 – Variance request request to replace sewage disposal system for Glaskow and Pill, 2 Bayberry Road, South Harwich, plan prepared by A & M Services (1) variance to the required 10’ setback between the edge of the SAS and northerly property line, a 3’ setback is provided, variance of 7’; (2) variance to the required 10’ setback between the edge of the SAS and the easterly property, 3’ setback is provided, variance of 7’; (3) variance to the required 20’ setback between the edge of the SAS and the existing building, 8.5’ setback is provided, variance of 11.5’; (4) variance to the required 20’ setback between the edge of the SAS and the existing building, a 16’ setback is provided, variance of 4’— Mike Aucoin:  this is an upgrade of a Title 5 system for a 3-bedroom dwelling; we need to appear before the Zoning Board of Appeals; we appear tonight at the Conservation Commission. Adjusted ground water elevation is 8’; it is a 7,900 foot lot. The County has approved the money for the system and, not wanting to wait until next month, we asked to appear before you coterminously with Conservation Commission.  They will keep it to 3 bedrooms, but they plan to rebuild 50% over an existing deck with open sliders to the living space.  There is a 1,000 gallon septic tank and a 650 gallon pump chamber; it is not a good system.  They are near an isolated wetland west of the pump.  No vegetation around the filled in wetland which has trapped water there.  Trees in summer.  The existing floor plan and proposed one were submitted with the application.  Health Director recommend consider proposal incomplete as there is an order that there be no variances with the increase in square footage or habitable space, but to consider the proposed addition next month and that there be a line 2’ from the existing septic tank which requires variances and setbacks.  Motion  Dr. Insley moved to continue the hearing to August 3, 2010 meeting; Ms Watson seconding; motion passed unanimously.  Health Director:  if no plans submitted for addition the system plan would be for existing conditions and the need would be for a failure; if you have the plans for the addition need revision for existing conditions; these are environmental variances which would need additional information provided.  Can she fix the septic system for existing conditions?  If do alterations in the future; would need to come back to this Board.

B – Postponed from June 1, 2010 – One Auston Road – revised nitrogen loading calculations and septic system relocation plan, Eastward Companies, plans by Clark Engineering (1) revised nitrogen loading calculation – includes existing uses in the building and the proposed VNA adult day care use for the rear of the building; (2) sewage disposal system plan, dated 4.4.2006—proposes the relocation of the existing distribution box and the noncompliant leaching gallery—William Marsh:  this Board has granted extensions for an existing business.  Our options drafted by Susan Ladue for Title 5:  state would not grant permit for a subdivision with existing system.  If we put in the second septic system it would solve the issue.  Top left of the plan shows lot line; system would be put in to the right in dark shaded area.  Query:  you are moving one bank, but are there still two banks?  Yes.  We propose a memorandum of understanding, the 4/4/06 Clark Engineering plan and an easement is no longer needed.  Health Director:  recommend accept the plan and the office staff will handle details with proposed uses and relocation of distribution box and leaching gallery.   Motion Dr. Insley moved to accept the plan and two submissions with plan dated 4/4/06 for One Auston Road; Ms Watson seconding; motion passed unanimously. Health Director:  adult day care is a change of use; you have approved the nitrogen loading calculations of 5 ppm for the new use as Mr. Clark issued a revised calculation dated 7/6/10.  The other credit area will be retained for the other building.  You need to maintain the same use in each unit and you need to be aware of that.  Recommend with the Building Commissioner’s approval of a temporary occupancy permit.  Motion Ms Watson moved to accept the 7/6/10 nitrogen loading calculation for One Auston Road and to grant a temporary occupancy permit for stated tenants based on that submission; Dr. Insley seconding; motion passed.

C – Discussion – extension request for installation of septic system at property transfer, 2 Lakehurst Drive—Roger O’Day:  owners Dinah Ken and John Ketchum are present; you granted approvals for the proposed septic system installation in January 2010; they got an extension, but need another extension to October 1, 2010.  They use the dwelling sparingly; it has no heat; it is a second home for them.  There are two existing septic systems; one passed; one did not due to distance to ground water.  Dr. Hurst:  is this a realistic?  What use is intended until installation of the new system?  There will be no guests and no family coming in; very limited use anticipated.  They do not know what is hooked up to which system.   Motion Ms Watson moved to approve an extension to October 1, 2010 for 2 Lakehurst Drive; Dr. Insley seconding; motion passed unanimously.


A – Hearing to show cause why an order should be upheld, modified or withdrawn for Taskey, 802 Queen Anne Road, Map 73, Parcel F1-19—Health Director:  this is a flagrant noncompliance situation; after many meetings to create a plan this Board would accept this Board granted variances for their construction plan which was required to be recorded with the Registry of Deeds and the Town of Harwich.  The property is Zone II and is 10,000 square feet which meets the requirements for a one bedroom dwelling.  By chance the Health Director was the inspector last month of the completed project—I found changes in the building plans; a second bedroom over the garage accessed from the dwelling which we had specifically told them they could not have based on land size limitations.  Today we received a letter at 5 p.m. from Attorney Bill Crowell who has been engaged as their attorney: options to allow occupancy were 1) to tear it down or 2) to have a storage space with 6 windows with painted walls and trimming installed.  The owners have no problem with sealing off the door to the storage area and using a pull-down stairway from the garage to access it; they would keep the dry wall in place; but there would be no plumbing, hearing or flooring in the storage area.  They would change the protector wall to a ½ wall with a color system area; it would become a room to watch TV in.  They got approval from the Building Department after the variances were granted and had the change in floor plans signed off on; they did all that was necessary with that Department, but never brought it to the Health Department; it was recorded at the Registry of Deeds.  Chairman Kocot:  this was a flagrant flouting of all that the Board of Health stands for; we need to see them at our next meeting.  Dr. Hurst:  is the septic system enough to handle what is there?  There is one very large front to back bedroom plus bonus areas.  Then there is the room over the garage.  There was a slant roof when the plan was approved; there are now two dry dormers on the front—the whole roof has been raised; it is wholly complete habitable space.  It should be a 4’ door to access as an attic (the room over the garage); there is a 30’ profile.  Chairman Kocot:  what was the intent of the individual who did it?  Health Director:  recommended a deed restriction; one month after your vote of approval they went to the Building Inspector with a completely different profile.  One half of the house, there is a whole shed out back, windows on sides; they circumvented the Health Department in the process.  Dr. Hurst:  we did ask Mr. Ziegler to tear down his construction which was not in compliance, 49 Great White Road, in 2000 asked to gut the extra room or to install a pull-down staircase so it would be for storage only.  Ms Howell:  why did the Building Inspector approve it?  The plan did not go the usual route.  Health Director:  do you wish to view the property?  Yes.  The Health Director will arrange viewing of the property.  Motion Dr. Insley moved to the Board of Health is to have a meeting with Mr. Taskey, 802 Queen Anne Road, and Attorney Crowell to review the building on site; Ms Watson seconding; motion passed unanimously.

B – Hearing – Variance request to replace sewage disposal system for James Downey, 2 Andrews River road, plan prepared by Ryder & Wilcox (1) SAS shall be 7 feet from the property line to the east, 10’ required, 7’ variance; (2) SAS shall be 19 feet from the crawl space wall, 20’ required, 1’ variance; (3) SAS shall be 18 feet from neighbor’s  crawl space wall on parcel A1-A, 20’ required, 2’ variance; (4) excavation of unsuitable material shall extend three feet laterally, 5’ required, 2’ variance—Judy Burser:  JTD Trust owner of the property--this is an upgrade for sale of a 3-bedroom dwelling.  The lot has 16,000 square feet; the new system would go to the northeast side with a 200’ buffer and 100’ to the wetland; there will be a polyethylene wrap.  This is their maximum feasible compliance location; these are not environmental variances.  Query:  are there any changes to the dwelling?  No.  Dr. Insley moved to approve the variance requests for 2 Andrews River Road with the usual order of conditions on a septic system--no increase in square footage, habitable space or number of bedrooms beyond existing in the dwelling and all variances be recorded with the Barnstable County Registry of Deeds and the Harwich Town Clerk; Ms Watson seconding; motion passed unanimously.  Health Director: they submitted a Request for a Determination to DEP; there was a negative response on 6/15/10—so no DEP approval is required of this plan.  Recommend approval as these are setback variances; they are restricted to a 3-bedroom dwelling.  Dr. Hurst:  is the system high enough?  Ms Burser:  end of April was the maximum high tide in years; the system would handle that.  Health Director:  the adjustment is a conservative one; they are 3’ higher than the water reached this spring.

C – Capital outlay—to be considered next meeting.


-beach sampling –a closure on June 2nd was corrected on June 3rd at Errol Road Beach. Changes in personnel so a training procedure occurred and Health Director prepared a written protocol for staff to follow to assess beach/pool readiness; it has been useful.
-Cranberry Valley golf course—report on pumping in; there have been several pumpings of the grease trap.  No pumping required in June upon inspections.  Noted the golf committee has been asked that there be pumping if capacity exceeds 50%; there needs to be weekly inspections.  There were two visits in June; they are doing weekly inspections.
-tobacco violations—one of the fined businesses has yet to pay their fine; when the next list is compiled if the fine is still unpaid the information will be forwarded to the Police Department for filing in the courts.  Ten entities paid their fine.
-rental registration program—Town Administrator has prioritized this program; the Health Director and the Building Commissioner are drafting a form of registration—not an inspection procedure—as additional administrative staff would be required to institute that.  Both the Building Commissioner and the Health Director have concerns that the registration process not imply an enforcement function by either Department which would result in liability assumed by the town.  If a property were to be “meeting regulation” that would imply a commitment and expectations of enforcement.  What does the registeree receive?  There will be a certificate that a property owner will display.  Minimal type of signature—if they are using smoke alarms, the number of bedrooms in the house; the homeowner could sign off that these are in place.  What we don’t want is town or police liability.  Present to the Town Administrator: is this in line with his goals?
-laws and regulations—DPH is scratching the surface of Boards of Health regulations—wants copies pertaining to all areas: pools, housing, all food service.  Harwich has maybe 10 pages; this does not address the DEP regulations in place.  Not yet completed.
-sun safety—Health Agents Coalition & County heads of government are targeting sun safety; the Barnstable County intern on a MPH grant will have an information booth at the beach.  Recreation and Beach Department will display signs on the larger beaches.  
-summer interns—Jessica has returned; it is rare to have an experienced intern back, but very efficient—she has assisted on inspections, business owners recognize her; a day a week is the beach sampling program, 1 day is printing and publishing report information.  Very helpful to Pat Ballo.
-Hawksnest complaints—citizens have complained about off-road vehicles, litter, human waste; they seek increased patrols.  Conservation Commission is working on erosion control.
-inspection status—almost all pools are in compliance; the list is long and 10 have been added.  Two are on “watch” list—Gateway, visited today, theirs has water in it which may breed mosquitoes; it needs to be drained or demolished or get a construction permit as is very old and in terrible shape.  Site has been cleaned up—there was litter, wildlife breeding there; 3 or 4 visits made in the past 2 or 3 years.  Stone Horse:  no one is on site; there is a safety issue as full of water.  Grove:  they put in a new fence and new equipment—pumps, developer working towards condos.  Winstead:  this is an ongoing issue for 3 years—they sought variances, but were denied at the state level.  This Board told him last year he has one more year to comply; there will not be a permit issued in 2010 until full compliance. Water feature is still beside the pool; fencing runs into the courtyard of one owner; large construction project.  Greg Winston wants to speak with Representative Peake; the DPH denied the variance at the state level; he is seeking relief.  The Board of Health is the licensing authority; the Health Director will make a courtesy call so that she can advise this Board of Commissioner of Public Health or Representative Peake’s actions; Stephen Hughes (DPH) issued a denial letter; meetings held between Town Administrator, Ed McManus, and the Health Director.  No appropriate Public Health permit; no permit has issued.  The Board of Health would need a regulation. No date set; no advice at this time.  State DPH needs to overturn the variance or the issue is closed.  He would be at risk if he operated without a permit.  Selectman Wilkins:  this has not been before the Board of Selectmen—if Mr. McManus is involved it was not at the directive of the BOS.  This is all news to me and I am your liaison; I should have been informed.  Board members should not be involved unless so directed by the Chairman. Dr.Hurst:  this has been a 3-year problem.  They installed a 4.5’ fence on the west side; you enter from the east side; we denied the permit; it was the same thing in 2009.  It is one year later; we advised him not to come back unless the issue is settled; dollars are tight but it is a quasi-public pool; there must be some compromise.  You can’t open a pool without a Board of Health permit.


-Town of Lexington – FY2011 budget
-Selectmen’s liaisons to committees, commissions and boards
-MDPH re fatal injuries at work
-DEP re hoot aerobic systems
-Board of Selectmen re project issues:  communications and tracking – Angelo La Mantia re FY12 financial planning
-Angelo La Mantia re financial sustainability


Motion Ms Howell moved to approve the permit list of July 2, 2010; Ms Watson seconding; motion passed.  Healther’s Hairport Salon is also a new business, along with 8 other asterisked named businesses, 2 of which are food services—GO Industries and Wychmere Harbor Functions.  Health Director recommended approval.  Query on food served at Compass Nursing Day Care Center?  Health Director:  no permit required as the food is sent in.


Chairman Kocot received Health Director evaluations from Board members.


Dr. Insley moved to adjourn at 8:54 p.m.

                                                        Respectfully submitted,

                                                        Sandra C. Howard

Next meeting is Tuesday,  August 3, 2010   at   6:30 p.m.  in the small hearing room.

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