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Minutes 06-01-2010
Attachment NameAttachment SizeAttachment Date
Size: 49K
Last Updated: 2012/3/19
                        TUESDAY,  JUNE  1, 2010 AT 7:00 PM

         Start time of July 6, 2010 meeting will be 6:30 p.m.



Chairman Dr. Stanley Kocot called the meeting to order at 7:00 p.m. and noted that Ms Watson is excused from attending.


Motion Dr. Insley moved to approve the minutes of May 11, 2010 with removal of line p. 6 beginning “new staff member”; Ms Howell seconding, no action taken.  Discussion of April 6 hearing held on Boujoukos matter:  there had been a vote to deny the variance request; should there be a vote to reconsider to allow a continuance in the matter which would require 75% of voters to go forward; new evidence was requested by Board members which resulted in matter being reheard at May 11, 2010 meeting; Health Director requested Recorder to prepare a verbatim transcript of that hearing which arrived after Board members’ packet went out which she proceeded to read to the Board. (Variance request in matter approved at May 11 meeting.)  The verbatim transcript will be in July packet at which time April minutes will be considered.


Health Director Paula Champagne:  Sea Street plans to sue; Dr. Kocot thought a review of Board of Health regulations, what constitutes a violation of those rules, definitions of demolition and reconstruction would be helpful to Board members. Existing floor plans showing number of rooms are kept on file; their plan stated 5 bedrooms but there were possibly more contained in the dwelling, while the 1990 current septic system approval was for 4 bedrooms.  After several meetings with the engineers, the new floor plan showed a huge open space on the first floor; they removed an interior wall to open the space up, but on the second floor they needed to open up an area as 4 bedrooms had become 5.  The third floor shows a gym and recreation area which presents an issue (this can be deemed an additional bedroom) as they originally said there was no basement which was used to allow recommendation they go forward as it copied conditions approved earlier for a different dwelling by this Board, but the ceiling height proposed for the basement meant one existed and therefore there was no parity with the prior approval.  The 1989 request for variances was for several lines in an environmentally sensitive area; they are in a Zone II.  The Board of Health for requested variances in Zone II is that none be approved unless they can show exceptional circumstances, which the lack of basement had presented and that there be no increase in flow.  Flow is based on no increase in number of bedrooms or no change in habitable space.  Before a hearing before this Board, the Health Director reviews all proposed plans and compares them with existing conditions.  In 1990 this was an inn with 11 bedrooms; the new owner has renovated it so there are 4 bedrooms.  On the edge of a wetland a few feet south of the existing building and break in bank is an issue—but the entire property is within 100’ of the wetland.  A narrow interpretation since plan adjusted within 20 years is that the edge of the resource is deemed to be lower down in the coastal dune has reserve system 71’ from edge of coastal dune and > 250’ from surface water.  New construction:  they are demolishing the house; the definition in Title 5 is occupancy permit required with no increase in design flow and existing limits --examine the query “if the existing system failed, what variances would be needed to replace it versus what is now proposed?”  

The proposed plan uses the same footprint, but has denser flow and occupancy and takes system out of the coastal dune with the > 70’ distance to Nantucket Sound.  These are good compromises.  Abutters are objecting to the number and kind of variances being granted.  They are going to 3 stories as they are raising the level of the lot and not starting at natural grade, which are Zoning and Board of Appeals issues.    The Board of Health cannot use those factors in making their decision.  Query:  can we send a recommendation to the Board of Appeals?  Chairman Kocot:  this Board does not allow variances for new construction; this is a new house and they are seeking 7 to 9 variances.    We are free to grant them if they reconstruct the same house; can we have the same variances in this situation?    Health Director:  look at the change in regulations which deal with setback and ground water variances.


A – Discussion – One Austen Road, Eastward Companies (1) amendment to nitrogen loading calculation re special permit approval; (2) Septic system relocation—Health Director:  we received a letter requesting a postponement to the July 6, 2010 meeting as they have issues.


A—Hearing – Variance request to replace sewage disposal system for Glaskow and Pill, 2 Bayberry Lane, South Harwich, plan prepared by A & M Services (1) variance to the required 10’ setback between SAS and northerly property line, a 3’ setback is provided, variance of 7’; (2) variance to the required 10’ setback between SAS and the easterly property, 3’ setback is provided, variance of 7’; (3) variance to the required 20’ setback between SAS and the existing building, 8.5’ setback provided, variance of 11.5’; (4) variance to the required 20’ setback between SAS and the existing building, a 16’ setback is provided, variance of 4’—Health Director:   as they have not completed the Conservation Commission review, they need to postpone this matter so there will not need new notices sent to abutters.  Motion Dr. Insley moved to continue the hearing for 2 Bayberry Lane to July 6, 2010; Dr. Hurst seconding; motion passed.

B—Hearing –Variance request to replace sewage disposal system for Allison, 5 Uncle Wills Lane, plan prepared by Moran Engineering (1) reduction in setback between SAS and lot line, 10’required, 7’ provided, variance of 3’; (2) reduction in setback between SAS and lot line, 10’ required, 3’ provided, variance of 7’; (3) reduction in setback between SAS and lot line, 10’ required, 7’ provided, variance of 3’; (4) variance in setback between SAS and cellar, 20’ required, 11’ provided, variance of 9’; (5) 10% reduction in SAS area proposed—Marty Moran, Moran Engineering:  the current system was designed in 2004 but not implemented.  Brother now proposes to move forward but placement will be behind the house as is only possible site on the 4,500 square foot property. There are 2 or 3 water lines and a gas line to the front.  They plan to remove a porch and a shed; there will be a 10% reduction in the SAS area.  Query:  is the tank above ground?  This will be a pump chamber system up to the distribution box.  Query:  isn’t that too long a distance for pumping?  It’s not bad—43’.  Health Director:  this is a small lot; this is the least imprint; it is an improvement as the current system is at or in the ground water—they will get a 5’ separation to adjusted ground water.  It is a large house with a lot of bedrooms, 5 on the floor plan of 3/7/05; the flow and number of bedrooms is remaining the same on the plan dated 5/18/10.    Motion Dr. Hurst moved to approve proposed variances for 5 Uncle Wills Lane; Ms Howell seconding; motion passed unanimously.  The hearing was closed.

C—Hearing –Environmental Impact Review – to determine compliance with Board of Health regulation 1.211 – facilities with proposed design flows > 2,000 gpd for Stone Horse Shoal LLC, 872 Route 28.  Conversion and change of use from seasonal motel and employee housing to year round condominium use.  Kevin Healy, BCS Group:  the owner, Mr. Muscano, is present.  This is currently a motel and has been used as a year-round employee residence.  They propose to make it into year-round condominiums while reducing the over-all flow.  Currently 45 bedrooms exist, they propose 36 which is a 20% flow reduction.  Mr. Healy demonstrated the building locations and their relocation—one building currently housing 10 bedrooms will be slid to its right when rebuilt further back from Old County Road and become 5 units.  No variances will be needed; new water lines serving the buildings are away from the septic system.  An IA system currently approved by the state will be a plastic chamber in a stone-less fill which will have sand; the chamber will be placed on sand.  The sand is expected to allow for a biomat to be created which will increase the life of the system.  The commercial laundry facility is being removed; there were three industrial size machines which used a large volume of water.  Units will have individual laundry machines, but with less use than the commercial ones. All buildings are being rehabbed; the outside will remain the same.  Some of the black top will become green cover; each unit will have space for two cars and few visitors’ spots provided.  Query:  target market?  We seek newly retired and young couples with children between the ages of 4 and 16.  The units are 1037 to > 1,500 square feet in the large unit.  Smaller units may appeal to local people.  Cost is $ 225 to
$ 250 per square foot; the lower cost is for the largest unit.  Health Director:  this is a change of use; the last property transfer showed it was a seasonal use.  No biological system is required and they are not in an environmentally sensitive area.  This is a reduction in flow.  They propose 1) a subsurface disposal system, 2) continued use:  they are still considering whether any retail units would be allowed, 3) they are not required to install a water treatment facility.  This proposal went before the Water Quality Reuse Chairman with the annual average nitrogen loading computed with proposed sewer use; their proposal is in line with those plans.  Motion Dr. Hurst moved to approve the environmental impact review for 872 Route 28 as in compliance with this Board’s regulations; Ms Howell seconding; motion passed unanimously.  Chairman closed the hearing.


-wellness grant application for June 7 and June 14—There will be an employee wellness and health fair on June 7, including a $ 50 scholarship available for employee participation in the Community Center program.  On June 14, Harwich will host a Hepatitis A clinic for surrounding communities which food handlers, septic installers, trash handlers, custodians and employees handling needles and sticks should consider attending.  This is underwritten by the Cape Cod Health Agents’ Group.  We are offering a $ 50 sign up bonus for employees enrolling in a diabetes management program on foot, eye and blood level screening.  
-Aleesie’s House of Pizza re response to complaint—allegation made against them that proved to be unfounded after Pat Ballo’s inspection.
-report of the engineering Department relative to Cranberry Valley Golf Course—Engineering Department report has been prepared;  and they are preparing an environmental impact report; there is discussion on how best to do the subdivision—if one lot is the golf course and the club house is considered another lot, they will not need to detail the lawn treatments utilized on the golf course nor storage of fuel in that plan. There has been a lot of direction to the staff and criticism of their expertise.  The Health Director has suggested they limit the number of seats to 180 so they don’t trigger the over 30 criteria for a larger number.  The Board of Health has been criticized by others as using selective enforcement in a letter to the editor with an inference that the Board was subservient to the wisdom of the Board of Selectmen.  Board commented that the law of physics dictated the action taken; Health Director stated:  “If everybody’s happy, I’m not doing my job.”  The expense of the pump out is estimated between $ 1,000 and $ 1,500 as there are two 4,000 gallon tanks; Dr. Hurst reminded Board we stated they need only inspect to determine if pumping out is needed; the inspections are to be done weekly.  No reports have yet been received from the pumping/testing firm; the Health Director will follow up on that.  Query:  are they open to >  55 seats at this time?  It is.  If they fail to comply with the inspection/pumping order, we should consider pulling the permit.
-beach sampling for 2010—June 7 through August 16 are the testing dates;  Water Quality Acceptable sticker will be posted after high bacteria count has lowered.  Question on what sticker dates should be; tourists might worry about water quality over Labor Day weekend given testing ends in August.  Query:  when is next sampling done if a posted unsafe for swimming?  No testing is done for algae, but if we see it, we would post our advisory signs—algae culture concerns.  
-housing complaint at 1 Somerset Road—Note office called up to handle this.
-public service recognition week—We will take note of this event.
-immunization clinic data—32 Harwich residents attended the regional adult immunization clinic.  Current costs for those immunizations vaccines are:  $ 63 H1N1, $ 89 Hepatitis B, $ 48 measles, $ 37  Hepatitis A, $ 161 Zoster, and $ 38 for pneumonia.
-food allergy awareness update—see packet materials.
-Cape Cod Municipal Health Group re screening program for wellness clinics—see packet materials.
-Pat Ballo re farmer’s markets for 2010—Brooks Park will have a full line-up for farmers’ market; the plan is field to farm stand.  If have a permit to berry pick, they expect to be able to sell  produce.  Produce is ok; but any processing of that food—even cutting it up into a salad needs a food handler’s permit, separate from sale of produce. Home baked products  can be an issue; we must inspect the kitchen used for preparation; that is a retail function.  The food temperature is a concern in all cases.  Permits are good for 14 days; farmers are asking if can’t the permit cover the entire season.  Commercial vendors objected last year.  Dave’s Ribs and Jelly Ladies objected to needing a new permit each time.  If they participate in 8 food markets they would need 4 permits which cost $ 50 each, or $ 200 for the 8-week season.  We could consider another category for such events and price accordingly.  Barnstable charges $ 100 for   an 8-week permit.  For food produce you need a licensed kitchen for items such as maple sugar or farm fresh eggs.  Health Director has asked those who objected to last year’s fee structure to come in in the winter to discuss the issue and come up with ideas; that was not done.  The market coordinator came in two weeks ago with a request.  Reconsider the issue at the September meeting.


-Bennett Environmental Associates re Harwich Water Department


Health Director noted there are now new permit categories:  Freshwater Public Beach and Marine Public Beach.  These are included in list of June 1, 2010.  Motion Dr. Insley moved to approve the permit list of June 1, 2010; Ms Howell seconding; motion passed unanimously.  


Board of Health meetings change to a 6:30 p.m. start time in July 2010, which will be in effect until after the September 7, 2010 meeting.


Motion Dr. Insley moved to adjourn at 8:27 p.m.

                                                        Respectfully submitted,

                                                        Sandra C. Howard

Next meeting is Tuesday,  July 6, 2010   at <<<   6:30 p.m. >>>> in the small hearing room.

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