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Minutes 08-03-2010
                        TUESDAY,  AUG. 3, 2010 AT 6:30 PM



Chairman Dr. Stanley Kocot called the meeting to order at 6:34 when a quorum was attained.  Dr. Robert Insley is excused from this meeting.

II      MINUTES OF PREVIOUS MEETING-July 6 (Also April 6 and May 11 minutes)

Motion Ms Watson moved to approve the July 6, 2010 minutes as presented; Dr. Hurst seconding; motion passed unanimously.  Clerk noted that April 6 and May 11 minutes had not yet been approved pending the requested verbatim transcript of one hearing.  Motion Dr. Hurst moved to approve both April 6 with included verbatim transcript and May 11, 2010 minutes as presented; Ms Watson seconding; motion passed unanimously.


A – Discussion – Amendment to retail food service permit fee schedule – new category “event permit”—Health Director presented new event permit category which would allow entities with existing permits to prepare packaged food products to sell them at any farmer’s market, craft fair, craft show or church bazaar for a one year period for $ 50.00.  Entities would need a current permit from their local Board of Health which had inspected and licensed the kitchen facilities in use for the food product preparation. This would replace last meeting’s proposal for a market vendor’s tiered system which met with objections from the Farmer’s Market Board and vendors.  This would allow vendors to participate without needing a permit for each separate venue.  This is a retail food permit --groceries versus packaged food, such as Dave’s Ribs, which would need this vending permit in addition to the permits to prepare his food product.  There is no state nor local license for such a vending permit.  The Health Director did attend the Selectmen’s meeting where the topic was discussed; the liaison to this Board, Robin Wilkins, was very supportive of the Board.  Motion Ms Watson moved to approve a permit of $ 50 for an event permit as described; Ms Howell seconding; motion passed unanimously.  Health Director noted the temporary 14-day permit was instituted for entities cooking hamburgers or selling fried dough; this is for a long range market.  Hearing for the new permit will be at the Board’s September 7th meeting after posting; the increase in fines will be in the same hearing.


A — Hearing –continued—(original posting:  April 6, 2010), 2 Bayberry Road, South Harwich, prepared by A & M Services (1)  SAS to property line, 10’ required, 3’ available, variance of 7’; (2) SAS to property line, 10’ required, 3’ available, variance of 7’; (3) SAS to building, 20’ required, 8.5’ available, variance of 11.5’; (4)  SAS to building, 20’ required, 16’ available, variance of 4’; (5) SAS to isolated vegetated wetland, 100’ required, 95’ available, variance of 5’  —Mike Aucoin: we added two small things to plan on 7,926 sq. ft. lot.  Replaced septic system 15 years ago for three bedroom dwelling; have to upgrade as water line is only 2’ off of the septic line.  Conservation gave approval to variances in July; we are within 100’ of a wetland; we have yet to appear before the Zoning Board of Appeals for the addition.  The existing system does not meet 80% of the setback requirements; the current leaching system is less than 1’ above ground water.  Excavation note:  will remove material.  They want to increase first floor living space with addition; no increase in bedrooms.  Health Director:  floor plan is submitted; the expansion is of the living room; the expansion does not impact the septic system; they would require the variances even if there were no addition.  This is the best placement in this area.  Recommend the setback variances; none are environmental and they are not in Zone II.  Requires no increase in habitable space, flow or number of bedrooms to plan dated July 27, 2010.  Motion Dr. Hurst moved to approve the five variances for 2 Bayberry 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, no provision for garbage disposal, the system to be inspected and maintained, if necessary, every three years and all variances be recorded with the Barnstable County Registry of Deeds and the Harwich Town Clerk; Ms Watson seconding; motion passed unanimously.

B -– Hearing –continued from July 6, 2010—to show cause why an order should be upheld, modified or withdrawn for Taskey, 802 Queen Anne Road, Map 73 Parcel F1-19 –return to compliance for 1 bedroom dwelling--Attorney William Crowell:  Mr. and Mrs. Taskey are present and have been coming to the Cape for 57 years.  In the letter of July 6, 2010 we stated they were in agreement to close off the door to the room over the garage with installation of a pull-down stairway instead from the garage.  He wants to keep the drywall, painting and molding in the storage area—note it does not have plumbing, heat, a closet or flooring other than plywood, there are outlets in the room.  The builder added stuff thinking they wanted it done to code.  He put cable in; they could have the cable removed.  They do want electricity for lighting.  They agree to change the partition wall of the bedroom to a half wall with columns which would prevent privacy if it were to be considered as a two bedrooms; the intent is that the smaller room would be a sitting room in which to watch T.V.  The property is owned by an LLC which owns other rental properties they have.  There was no intention to deceive; they went to the Building Commission to have the plans approved and thought the process would handle all that had to follow.  Their builder suggested the change in pitch of the roof with installation of dormers as the existing would collect ice and snow.  The tradesman also suggested that a 4.5’ door wouldn’t allow much to be placed into storage, so a full door was suggested and implemented.  Chairman Kocot commented he was very proud of the Board as 100% attended the walk through of the property. Dr. Hurst queries:  with only one bedroom, why do you need two full bathrooms?  Convenience.  The sunroom on the first floor does not face the sun as it faces west; that appears able to become a bedroom.  Attorney Crowell:  we all have visitors with sleeping bags, cots—families visit.  The sunroom is not intended as a bedroom.  Mrs. Taskey:  this was not our design; we took the plan from Belmont Estates properties in North Harwich; there were 7 or 8 of them built.  The Building Commission said that a 20-pound firewall stairway is ok.  Attorney Crowell:  CMR 310 states that an unheated storage area over a garage is not countable as a bedroom.  These plans went to the Building Commissioner with the increase in roof line; it did not show the partition wall; we need to add the ½ wall and the pull-down stairway to the plan of record.  Health Director:  I was astonished at what was in our proposal and what I found.  We need the ½ partition so the bedroom cannot be made into two sleeping areas.  That intent is different from the approved plan.  The room over the garage changed the perspective, completely changed the roof line; it set itself up to be a two-bedroom dwelling.  The redraft is a good effort to return to compliance; we also want to add an annual inspection to ensure compliance is met on a continuing basis.  Attorney Crowell:  has this Board done that before; they should not be singled out?  Health Director:  we require reports and follow-up from engineers or sanitation engineers; we are requiring weekly inspections for the Cranberry Golf Course.  Recommend accept the return to compliance of July 6, 2010 with an annual inspection of the property to ensure continued compliance.  Motion Ms Watson moved to accept the plan of July 6, 2010 for 802 Queen Anne Road with the order of conditions that inspections take place annually; Dr. Hurst seconding; motion passed with a vote of 3 for and Dr. Hurst opposed.  Attorney Crowell:  I apologize for this event; my credibility with this Board is important to me; I would not be here if I thought they were trying to get away with something.  Can they get an occupancy permit to enjoy the rest of the summer while the recording is being arranged? Health Director:  you have 30 days with which to comply with the Building Commissioner’s plans filed; it can be handled in the office.


A – Hearing—to request reconsideration of orders of condition granted 1/15/98 for Thibodeau, 23 Sandy Lane, re increase of habitable space—Health Director:  applicant notified us today that they had not notified abutters and need to reschedule for the September 7 meeting.

B – Hearing – Variance request to replace sewage disposal system for Farris, 7 Wah Wah Tay See Road, prepared by Clark Engineering LLC (1) SAS to property line 10’ required, 8’ provided, variance of 2’; (2) septic tank to property line 10’ required, 6’ provided, variance of 4’; (3) foundation to SAS, 20’ required, 12’ provided, variance of 8’—Attorney William Crowell:  David Clark, of Clark Engineering is in attendance; Mr. Rick Roy had a conflict.  We have been before the Conservation Commission; we need to go before the Board of Appeals to demolish and reconstruct.  The new system needs to be shoehorned in; it will be better than the existing; higher distance from ground water and there will be a vinyl barrier on two sides of the system.    They are 20’ from surrounding SAS’s or components.  Mr. Clark:  the backyard is the most appropriate location for the new system; they would require a 4th variance were we to replace the system where it is.  We are eliminating one variance.  There is an opening on the second floor of the new construction; the extension will become living room and an office.  The master bedroom will be on the first floor; two bedrooms on the second with an open stairway.  Living room will be on the second floor as it has a better view.  Health Director:  I did a walk through on the property; this is one of the smaller lots 3870 sq. feet.  There is a water line on the south side of the house, so they had no options looking at this and surrounding homes. This is in keeping with the Board’s requirements and regulations.  Recommend approval of a 3-bedroom dwelling.  Motion Ms Watson moved to approve the variances  for 7 Wah Wah Tay See Road with the submitted plan; Ms Howell seconding; motion passed unanimously.

C – Hearing--  to reconsider orders of condition 1/4/2005 – no increase in habitable space, flow or square footage for property at 18 Mill Pond Road, Sabecky, prepared by Ryder & Wilcox—Judy Bersin:  existing two-bedroom dwelling; Larry Peterson is the contractor.  They put the septic system in in 2005 and needed variances. Proposed is a master bedroom, kitchen in existing dining room with one bedroom on the first floor, with a hallway to bath with an open 4’8” loft area with railing before entering the bedroom.  Everything is bigger, but same house with two bathrooms.  The loft area would be used as an office.  Basement is unfinished; the grade lends itself to ½ windows.  There are no new variances, no increase in bedrooms nor in flow.  Conservation Commission has approved the plan.  They did a well test on July 20, 2010; it was the middle of the parameters.  Health Director:  the upstairs is an open area, not conducive to a bedroom; recommend approval for the two bedroom, two bathroom plan with no increase in flow.  Motion Dr. Hurst moved to reconsider the orders of condition and allow the plan submitted for 18 Mill Pond Road for the two bedroom dwelling; Ms Watson seconding; motion passed unanimously.

D – Hearing – Variance request to replace a sewage disposal system for 236 Division Street, prepared by R. J. O’Hearn (1) SAS to be 52’ from wetland where 100’ is required, variance of 48’; (2) Distance from SAS to cellar wall, 16.5’ proposed, 20’ required,  variance of 3.5’—Dick O’Hearn:  the Conservation Commission gave us orders of conditions for this 10,000 square foot lot.  From the back to the front there is an increase in height of 20’ which would require a 20’ retaining wall were we to put the septic system in front—that would be too dangerous for children, etc.  Unique topography; the neighbor has a 3’ to 4’ retaining wall.  The wetland is a small, isolated area subject to flooding; probably an old bog not in use for many years.  Marty Moran designed the previous system; it is very close to the lot line; his plans did not show a wetland.  The bulkhead will be of concrete blocks; we will put it in ourselves.  We are 5’ from highest ground water; it was + .4 or .5 in May reading after such a wet March.  Query if it is a wetland?  Yes, Don Shaw, environmentalist stated it was.  Health Director:  we have met several times; your regulations require 75’ from the wetland, except in unusual circumstances.  This is a serious environmental problem.  It meets the Title 5 requirement of 50’.  Recommend approval for these environmental setbacks with the order of conditions there be no increase in flow or number of bedrooms.  Motion Dr. Hurst moved to approve the two variances for 236 Division Street with the orders of condition there be no increase in flow, square footage or number of bedrooms from that in the existing dwelling; Ms Watson seconding; motion passed unanimously.


--updates—discussion with Town Administrator/BOS re rental registration—the Rental Registration By-law is going forward.  Geoffrey Larsen and I met with the Assistant Town Manager, and Anita Doucette.  They wanted to craft an outline; we have asked:  what are their objectives?  The Building Commissioner and I are working to have it so it does not become a burden for either Department; we do not want them to speak of it as an inspection.  They watered it down even more than it had been.  Key safety issues are addressed based on regulations already in place; they have gathered them together.  An owner will have to sign an affidavit stating there are smoke detectors, CO monitors, house numbers and a trash removal policy in place, pay the fee and post the certificate. Basically what they are doing is building a data base for if and when taxation of these rooms is approved at the state level.  It will generate complaints and require answers and will take work to handle.  Both the Building Department and Health Department will see the impact—if there is a broken toilet, there will be a call.  They have requested ½ person to aid the Town Clerk in registering applicants, data entering, etc.  We estimate 500 hours or 15 work weeks—if it takes ½ hour to do each times 1,000 applicants, there will be an impact.  Selectmen across the Cape are very interested in the proposed state tax for rooms; they have counseled each other to get a data base in place in anticipation of such a law passing.  Use your Board of Health and lay the groundwork.  One person is still interested in control over the parking.  The registration is as vanilla as possible. Other towns have had to add two full-time people when they implemented an inspection system.  We are part of the committee to help write the regulation to defer it as far away as possible.
--Cranberry Valley—Meeting last week with the Town Administrator, golf superintendent and a member of the Golf Committee on the Golf Course:  they believe there is no way they can win passage of a $ 500,000 article at Town Meeting, so they are reconsidering their options.  They’ve found they can’t accommodate 200 people eating while the golfers are in place as there isn’t enough parking; it would be in competition with their golfers and they’ve not had a call for that size group.  They haven’t used 110 seats. They also have no lights for night-time use. Water use is also an issue and they have had power failures this summer; the restaurant owners had to throw out all of their food; repurchased some and then they were hit again and had to repeat the process two more times.  Pat went up there to insure the chain of custody was being followed to confirm the food is, in fact, disposed of and not used.  Dr. Hurst:  I told them to revise their plan; bring to the Board.
--Winsted Inn—Dr. Hurst: they are advertising in magazines as with “ a delightful swimming pool.”—have we issued a permit?  Health Director:  the Selectmen made it very clear it is a Board of Health issue; state level resolution people should back off; the Health Department is the lead contact.  We have been trying to set up a meeting with Sarah Peake, but nothing happened for several weeks; we are unsure what is currently taking place.  We did have a conversation where I informed her they erroneously filed as a residential rather than a commercial pool.  State Department of Public Health has had no resolution; we have had no inspection we have issued no permit.  We are trying to get a meeting with the Commissioner of Public Health.  He’s getting another year with an illegal pool.  What steps to take—he believes people are working on his behalf at the State House?  Board instructed Health Director to begin enforcement action.  We will proceed.
--flu season--We’ve been told we will receive 600 allotted doses of flu vaccine and can order more; we ordered an additional 250 doses if we can secure them.
--emergency management—a measles issue from Connecticut arose; it was a juvenile on a boat out of Saquatucket Harbor; it appears confined.  We offered a free vaccine clinic; but the staff deemed it was not necessary.  There are increased occurrences of measles in Massachusetts as well.
--inspection status –food—Sink has been installed at Andalae restaurant; the issue is resolved.
--45 Snow Inn-- Flow is to a tight tank at one building; they asked if couldn’t they channel waste from another studio building to that tight tank operation.  Suggested that DEP would take a dim view of that scenario; they have an interest in review.  Told them it was highly impossible to do that.
--inspection status—pools—Wychmere Village Condos had a severe water quality problem as the filter malfunctioned—you couldn’t see the bottom of the pool. We had a meeting with several trustees on pool operation.  Also a talk with their C.P.O. contractor—they must share responsibility as the service spends ½ hour per week; the Club needs knowledge-able people to oversee it in the interim time and know what is needed.  They need someone trained on site.



Health Director:  permit list of August 3, 2010 has two new installers and two new owners of businesses:  Platinum Pebble is the former Lion’s Head Inn and Sandpiper Beach Inn had a foreclosure sale; they want to reopen.  Recommend approval.  Motion Ms Watson moved to approve the permit list of August 3, 2010 as presented; Dr. Hurst seconding; motion passed.



Ms Watson moved to adjourn the meeting at 8:33 p.m.

                                                        Respectfully submitted,

                                                        Sandra C. Howard

Next meeting is Tuesday,  September 7, 2010   at   6:30 p.m.  in the small hearing room.

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