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Minutes 04-06-2010
                        TUESDAY,  APRIL  6, 2010 AT 6:00 PM



Chairman Dr. Stanley Kocot called the meeting to order at 6:00 p.m.

II      Welcome new staff member—Health Director Paula Champagne introduced Amy Morris, new staff member.  Her diverse experience includes Barnstable County summer intern, Americol, management experience, Washington D.C. work, Cape Cod Hook Association, Chatham Health Department, a Sri Lanka stint after the tsunami and, currently, a member of the Conservation Commission.  The position has been vacant for five months.


Motion Dr. Hurst moved to approve the minutes of February 2, 2010 as presented; Ms Watson seconding; motion passed.  Motion Ms Watson moved to approve the minutes of March 2, 2010 with the correction of spelling of Dr. Kocot’s name on page 2; Dr. Insley seconding; motion passed.


Discussion –wind energy proposal—Health Director reviewed list of submittals the Health Department has received and forwarded to Board of Health members as of today’s meeting on potential health effects of wind turbines.  There are 27 entries; the list is incorporated in the minutes of April 6, 2010 and includes letters in 1-7, 13-16, and 18, plus links, meeting notices, fact sheets, reports, reviews, studies and packets of information as outlined in the compilation.  Barry Worth:  they have moved the proposed site of any turbine from any dwelling so they would be 950’ to 1,000’ away; the original plan called for 400’ to 500’ distance.  Weston & Sampson did not believe the distance was necessary for health reasons, but made the changes to accommodate the neighbors.  The co-op has put in a lot of work.  Margie Downey:  this is a black and white issue; the DEP will be monitoring the propellers and turbines at the 6 sites.  Bruce Gibson:  one neighbor has stated he is 100% for the wind turbines and believes it will improve his property values.  Chairman Kocot:  we are listening to the residents, we understand they have concerns.  We will not brush off their concerns; they will not be ridiculed.  Saturday, April 17 is the symposium at the Community Center at 9:30 a.m.  Mr. Worth:  our speaker will be the Assistant Director of U. Mass. Energy Lab where they study noise and health issues.  Ed McManus will run the meeting which is open to questions.  Chairman Kocot will attend.  Channel 18 is announcing the meeting; letters were sent to some 500 property owners within 3,000 feet of exterior boundaries; I spoke at the Harwich Men’s Club on April 5th.  Ms Howell:  wasn’t the forum to allow both sides to present the issues?  You don’t have anyone speaking on the negative side effects.  Mr. Worth:  it is not intended as a debate; there are 2 ½ to 3 hours to get the information out; we are taking a proactive stand.  The Board of Health, Planning Board, and Board of Selectmen have heard the opposition; there are articles every week in the paper.  Chairman Kocot:  a debate would be self-defeating.  This is a scientific approach; they must prove or disprove their position by the literature.  Everyone has the right to be heard.  Selectman Larry Ballantine:  we are appreciative of the time and effort spent looking into this topic by the Co-op and by this Board.  Mr. Merriam:  there is a lot of relevant material at the website on energy, environmental affairs and wind.


A — 175 Route 137/One Austen Road, Eastward Companies, proposed septic system/easement variance request – 310 CMR 15.010 – Division and aggregation of facility and 310 CMR 15.412 (4)—Susan Ladue:  we are not planning to develop anytime soon; since treatment plant may not be approved until the 2011 Town Meeting, we might delay until that decision has been made.  Easement documents, plans have been submitted to the Health Department and can be recorded at the Registry of Deeds.  Health Director:  can you record property using an A & R plan?  Title 5 does not allow certain variances on the state level.  Noted that division of facilities not in place and approval not acquired when land division was put into place.    Ms Ladue:  the setback of 10’ to the public side line is not met and we successfully appealed at Board of Appeals.  There is an issue with the legal deed—if the lands are joined, a restriction on the other property for not having businesses which compete with Stop 7 Shop (such as the existing Subway or convenience food store) would flow to this parcel.  Mr. Marsh: approval is not required for any plan to expunge the lot line and combine two buildings into one property.  One can have two septic systems on the same property as long as it is the same owner.  We have an application at the Planning Board  to allow entrance out to Rt. 39 near the Post Office; we think that will be successful.  We would put in a new sophisticated system for the two buildings.  Moving the existing 4,500 gallon tank would be expensive. Health Director:  loose ends include the possibility you could sell parcel # 3 without resolving the pending issues, and the DEP might not approve your request.  Mr. Marsh:  when parcel #3 is developed, we will put in one central system to take care of the 1 or 2 buildings.  There are only two lots.  Property 3 to have a third building would need subdividing. Health Director: have you explored whether the line issue can’t be strengthened with an A & R?  Have you explored whether the DEP would allow your needed variance?  Motion Dr.Hurst moved to deny the request; with no one seconding; motion died.   Motion Dr. Insley moved to approve moving of the lot line; Ms Watson seconding; this motion was withdrawn.   Motion Dr. Insley moved to postpone the hearing for 175 Route 137 to June 2 (7 p.m. start time); Ms Watson seconding; motion passed unanimously.  They will contact the DEP.

B --- Hearing – 429,431, 433 Route 28, Harwich Port, James Petersen, prepared by Moran Engineering (1) reduction in liquid depth of septic tank, 4’ required, 3.5’ proposed, 0.5’ variance; (2) distance between inlet outlet tank inverts and high groundwater, 1’ required, 0.9’ proposed, 0.l’ variance; (3) distance between inlet and outlet tank inverts and high groundwater, 1’ required, 0.8’ proposed, 0.2’ variance; (4) distance between inlet and outlet tank inverts and high groundwater, 1’ required, 0.6’ proposed, 0.4’ variance; (5) distance between wetland and new septic tank, 100’ required, 60’ proposed, 40’ variance—Health Director noted correction of addresses on agenda.  Marty Moran:  before this Board on February 2nd, variances were approved in an emergency situation without benefit of knowing the specific variances.  The system is in; it is a larger septic tank with a pump chamber; we cleared up points of the abutters.  Health Director:  this was a collapsed system and action was necessary; recommend approval.  Motion Dr. Insley moved to approve variances submitted for 429, 431 and 433 Rt. 28; Ms Watson seconding; motion passed unanimously.

C—Hearing – 36 Whip O Will 124, Henderson, request to reinstate lapsed variances, 2007—Bob Perry, Cape Cod Engineering: the site plan is unchanged from when variances were approved two years ago and there have been no changes in the regulations in the interim.  Conservation Commission agreed to extend their permit approval; the economy stopped the repair.  Health Director:  clarification—the Assessor’s Data Sheet refers to this property as Whip O Will 124; we need to use that name on all plans, documents and deeds from here forward.  You have 6 months in which to install the system; before one year lapses you can renew the approval.  Conservation approval is good for three years.  This was a hardship issue; it is for a one bedroom dwelling.  There will not be approval for a second bedroom as Board was split on original decision and accepted limit to one bedroom to get approval originally.   Motion Dr. Hurst moved to approve the lapsed variances for one year for 36 Whip O Will 124; Ms Watson seconding; motion passed unanimously.


A – Discussion – Karen Sarabia, Janet Arnold, Andale’ Café, request to delay installation of hand sink per 105 CMR 495.000 as requested by staff for 2010 food service permit—Jan Arnold, owner:  with cost of a new sink over $ 3,000, she requests permission to move existing closer to preparation area by 5’ so sink can  be used by servers and preparers.  Health Director:  this is a good compromise and provides closure; state date certain—end of May, 2010.  Motion Dr. Hurst moved to approve the request for Andale Café to be installed by June 1, 2010; Dr. Insley seconding; motion passed unanimously.

B—Discussion – preliminary 4-lot subdivision, Scarborough, 50 Walther Road, prepared by Coastal Engineering—
John Demers:  preliminary approval was sought in 2006; just now seeking definitive approval.  There will be an existing dwelling on the large lot; plan calls for single family homes on each of the other three lots.  Town water to serve those three dwellings.  Health Director:  they were caught in the real estate market drop; they will need a real estate inspection of septic system of existing dwelling; there are no wetlands; there will be no setbacks nor variances allowed for installation of new septic systems.  Motion Dr. Hurst moved to approve the preliminary subdivision for 50 Walther Road; Ms Watson seconding; motion passed unanimously.

C—Hearing – variance request to replace sewage system for Pincau, 32 Skippers Drive, prepared by East Cape Engineering (1) 10’ required, 4’ +/- available, 6’ variance to the setback for proposed soil absorption system to property line; (2) to allow ejector pump for basement flow in excess of 25% to day flow (33%)—Tim Brady, President, East Cape Engineering requested to withdraw as plans have change.

D—Hearing – Variance request to replace sewage system for 8 Whippoorwill Lane, Osler Family Trust plan prepared by Moran Engineering (1) 10’ required, 5’ available, 5’ variance for leaching area from line setback under 310 CMR 150.404 and 405; maximum feasible compliance—Marty Moran: Judith Philips is present—the property belongs to her Mom and Dad.  There is a study in the dwelling which has been used as a study for 38 years; it has no door so can’t meet bedroom requirements.  Health Director:  the room meets the criteria of a bedroom; they need to enlarge the opening to eliminate privacy; this would create a three bedroom house floor plan if they create a wider opening in the wall.  Ms Philips:  could it be a glass door so they can have isolation for working in the study?  There are two doors to the room.  Health Director: the property is for sale and they need to make this truly a three bedroom property; it is not that now.  Is the study 70 square feet?  Mr. Moran: we don’t know the dimensions; they need 5’ from the main leaching area as a variance; eliminate the fourth bedroom.  Health Director:  recommend approval once the dwelling is made to be a true three bedroom.  Measure the study and follow through with the Health Director as to what is needed to satisfy the three bedroom requirement.  Motion Dr. Hurst moved to approve the two variances for 8 Whippoorwill Lane with the order of condition that the property be made into a three bedroom dwelling; Dr. Insley seconding; motion passed unanimously.

E—Hearing – to consider a nitrogen aggregate facility plan for 208, 210 and 214 Pleasant Bay Road, Map 113, Y1-2, prepared by Moran Engineering—Marty Moran:  on Map 113 41-2, in 2006 a 2-lot subdivision was filed in Land Court by Ralph Cashin, Jr.  Lots 5 & 6 in the plan were 40,086 and 60, 912 square feet respectively on 15902 D, with lot 6 containing a garage and a barn.  In Zone II and requires 10,000 square feet per bedroom.  The owners are willing to sign off on the proposal; they have to go before the state for a permit and approval.  Health Director:  oversight in 2005 in creation of lot; the two lots should have been swapped.  There is a 6 bedroom dwelling on a 40,000 square foot lot.  Working with them to solve the problem as they want to market the property.  This seems to be the easiest scenario—20,000 square feet to Lot 5 and create an easement for Lot 6.  This would be subject to DEP approval.  The buildings and property were viewed by the Health Director—the land is in a natural state; this would require bounds placed on the property.  Lot 6 would be eligible for a four bedroom dwelling.  Motion Dr. Insley moved to approve the aggregate facility plan for the two lot subdivision, subject to DEP approval; Ms Howell seconding; motion passed unanimously.

F—Hearing – continued from 3/2/2010 – variance request to replace a sewage disposal system  for Boujoukos, 39 Rainbow Way, prepared by Ryder & Wilcox, (1) the inlet and outlet invert elevations of the pump chamber and septic tank shall be less than 12 inches above high groundwater, 1.0’ required, 0.0’ available, 1.0’ variance –Judy Burser:  no changes to the plan we originally present to you dated 2/23/10.  There is high ground water in the area; there is a wall 10’ from the property line and there is a 100’ buffer to the wetlands. This is subject to DEP approval.  Health Director:  abutter Ed Cronin is objecting.  Mr. Cronin:  I have to appeal the Conservation Commission decision as there must be a better option; this is all under water right now.  Health Director:  if you appeal the Board of Health decision that would have to go to court.  Conservation Commission oversees wetland requirements.  Motion Ms Watson moved to approve the variance request with the order of conditions that it is subject to DEP approval; Ms Howell seconding; motion voted 1 for, 2 against; motion defeated.  Mr. Cronin:  the mean ground water is +5’; I think this is a health issue.  Discussed that a study of the water flow be done as this would help resolve if there is a better location for the siting.  Ms Burser:  we could consider relocation of the system.  Photographs would also help and elevations at various points of the properties.  Hearing continued to May 12 Board of Health meeting.

G—Hearing – variance request to replace a sewage disposal system for Cape Sea Street LLC, 3 Sea Street Extension, plan prepared by Ryder & Wilcox, (1) SAS from north property line—10’ required, 6’ available, 4’ variance; (2) SAS from west property line—10’ required, 6’ available, 4’ variance; (3) SAS from storm drainage system—25’ required, 21’ available, 4’ variance; (4) SAS from case-in-place cellar stairs – 20’ required, 14’ available, 6’ variance; (5) septic tank from west property line—10’ required, 8’ available, 2’ variance; (6) septic tank from cellar slab—10’ required, 5’ available, 5’ variance; 97) pump chamber from cellar slab—10’ required, 6’ available, 4’ variance; (8) SAS from coastal dune—100’ required, 61’ available, 29’ variance—Judy Bursin stated Stephanie Sequin is to speak on this matter; she is at the Conservation Commission and will arrive later.  Clarification of combined variances being stated as individual variances; Health Director added eighth variance from the plot plan.  Stephanie Sequin not appearing before the meeting was ready to adjourn, Motion Dr. Insley moved to postpone the matter to the May 11, 2010 Board of Health meeting; Ms Watson seconding; motion passed unanimously.

H—Discussion – Annual Town Meeting – By-Law Amendments – revised Zone II maps—Health Director:  a revision of the Zone II maps has been proposed; this change would affect some homeowners.  The By-Law Amendment by the Planning Department would change the map approved in 1997.  Some plans are not going forward so Zone II is shrinking.  This will be voted at the May meeting.  No action is required by this Board, but if approved, it would affect future applicants seeking variances.  Dr. Hurst:  did we find out what the Water Department wants?  You don’t want to lift nitrogen protection in the areas where it needs improvement.  Motion Dr. Hurst moved to postpone taking any position until more information is gained; Ms Watson seconding; motion passed unanimously.


Status reports:
-rabies re baiting and clinics—Tufts University volunteer corps of Cape Cod is ready for the spring baiting program.  The agreement was sent in to request it in Harwich; it needs to be ratified by the Board.  Motion Dr. Insley moved to approve the March 26, 2010 notification of Harwich’ interest in participating in the rabies baiting program; Ms Watson seconding; motion passed unanimously.  A rabies oral vaccine program is being run at low cost clinics so families can have pets vaccinated.  Jack Burns, the Animal Control Officer is overseeing the program; one was last week; another in two weeks at the Animal Hospital
-adult immunization clinics—Hepatitis A vaccine is available; the state used a large amount of grant money to purchase vaccine, but the MA Dept. of Public Health did not have funding to staff the clinics.  We are attempting to use H1N1 funding remaining to help defray the costs of other clinics.  Dr. Insley stated it was Hepatitis B that was no longer being supported and an issue as shots cost $ 200; could patients get the vaccine so their physician could administer it?  Health Director:  there is vaccine for both Hepatitis A & B, tetanus, pneumonia, and the zoster vaccine (shingles).  The County Health Agent coalition is hoping to hold regional clinics for these vaccines—if the dollars are available to pay the nurses.  There is no cost for the vaccines.  Note: Massachusetts had one of the highest rate of H1N1 immunization (28%) in the nation—highest was 31%.  In Harwich, the rate for children receiving the vaccine was 57%, thanks to the approach used—go into to the schools, utilize experience gained from last 2 years of running community clinics with emergency management and the regional approach helped.  Truly it was a success.
Selectman Ballantine:  please document this as a positive report about regionalization.
-beach regulation amendments-At the April 6 meeting we were notified of changes in the beach testing regulations.  Permits are now required for all beaches.  We need proof it is a beach—beaches and Association beaches are affected.  There are penalties; we must comply with testing requirements including posting when we test from June 1 to September 1st.  One sample could close ½ mile of beach as happened at Nauset Beach on a holiday weekend.  The EPA sees water quality issues.  We are opposed to the changes.  Deltas, outfall pipes, rainfall runoff are factors in beach testing.  Bathers coming on September 15 may inquire why we are no longer testing.  The Health Agents Coalition is monitoring the changed law.  Each sign costs $ 80; you need signs every 10 feet.
-allergens in food regulations-New regulations in the state sanitation code includes new definitions.  Food Service inspectors are now looking for smoking; posting of information and food allergen factors.  The new regulations mean more work for the food inspector which means more time needed.
-anti-smoking cessation program—we hit a road block trying to set up an anti-smoking cessation wellness program; the town Administrator told Department Heads we couldn’t afford this on town time.  Chairman Kocot:  this is a legitimate health issue.
-Dave’s Ribs:  this facility has not been paying taxes.  The Treasurer queried why we issue permits if there are unpaid bills; should licenses be tied to being current with town bills.


-Office of Selectmen to NSTAR re herbicide spraying within its rights of way
-DEP to Harwich Water Department re approval to construct the Bruce Cahoon Treatment Facility
-Office of Selectmen to Peter Campanini, Sandpiper Inn re failure to pay Town Bills
-Harwich Water Department to MA DEP re consumer confidence report and certification
-Harwich Water Department re 2009 annual water quality report


Health Director:  recommend approval of the permit list; Ruggie is the only new business on the list.  Motion Dr. Insley moved to approve the 4/6/10 permit list presented; Ms Watson seconding; motion passed.  


In FY11 # 2:  the statement appears—“up to the Board of Selectmen to update current regulation 4-301.”  This deals with hotel/motel fees covering the costs of regulating them.  New information for the April 6 Health Agents’ meeting:  requests to do complete inspections as the Board of Selectmen requested—not done in the program used (Paul Hoffman, agent speaking); we are in complete agreement and support that that not be done.
-Health Director:  we have been asked for a list of benefit possibilities and cost-savings ideas.  When I completed our list for the past 6 years, we have seen a 135 hour cut which is about 25%; but our budget has been cut 50%.


Dr. Insley moved to adjourn at 8:44 p.m.

                                                        Respectfully submitted,

                                                        Sandra C. Howard

Next meeting is Tuesday,  May 11, 2010   at   6:00 p.m.  in the small hearing room.

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