HARWICH BOARD OF HEALTH
TUESDAY, DECEMBER 7, 2010 AT 6:00 PM
SMALL HEARING ROOM – TOWN HALL
BOARD OF HEALTH MEMBERS PRESENT: CHAIRMAN DR. STANLEY KOCOT, MIMI WATSON, DR. AL HURST, DR. ROBERT INSLEY, PAMELA HOWELL, HEALTH DIRECTOR PAULA J. CHAMPAGNE.
OTHERS: DAN CROTEAU, THOMAS COSMER, ATTORNEY WILLIAM CROWELL, SANDRA MURPHY, PETER CHOLAKIS, SUSAN CHOLAKIS, JOHN CARROLL.
I CALL TO ORDER
December 7, 2010 Agenda – 2pp
Chairman Dr. Stanley Kocot called the meeting to order at 6:00 p.m.
II MINUTES OF PREVIOUS MEETING—November 1
Draft minutes of November 1, 2010 BOH meeting -8pp
Motion Ms Watson moved to approve the minutes of November 1, 2010 as amended; Dr. Insley seconding; motion passed unanimously. Amendments were: November 1 was Monday; p. 5, 2nd paragraph, replace “there” line 1 with “their”, p. 7, last paragraph, insert word “be” in “item to add” line.
III 6:00 – 6:30 p.m. BOARD OF HEALTH WORK SESSION
11/8/10 invitation for Board of Health meeting with Board of Selectmen, Monday, December 13, 2010
2/1/10 Submission of 2010 Annual Town Report memo
-2010 annual report –the Annual Reports are due by Friday, January 7, 2011; Chairman Kocot will draft the Annual Report for review by the Board before submission. Board members invited to participate in the meeting with the Selectmen on Monday December 13. Chairman Kocot plans to attend. Selectmen’s discussion will center on plans for the future. Written material is requested submitted prior to the meeting regarding accomplishments and committee membership needs.
IV 6:30 p.m. OLD/UNFINISHED BUSINESS--None
V NEW BUSINESS
11/12/10 Road plan & profile Breezy Way, Harwich for definitive subdivision
A—Discussion – subdivision –Brophy, 1 Breezy Way, J.M.O’Reilly:--Health Director: in 2007 a plan was approved; they have gone before the Planning Board to get approval for an adjustment to the Road; this adjustment in no way alters what this Board had to consider; recommend approval. Motion Ms Watson moved to approve the proposed road plan for 1 Breezy Way; Dr. Insley seconding; motion passed unanimously.
11/23/10 Septic system variance request w narrative, floor layout, water usage data from town of Harwich of 9/16 & 10/7/10 – 5 pp
11/23/10 Site plan & sewage disposal system
11/23/10 letter to Trustee of SML Realty Trust from Bruce Issadore re sale of 23 Davis Lane property -3 pp
12/7/10 letter from Tom & Lonnie Cosmer re proposed sale to ten families
B—Hearing—variance request to replace sewage disposal system for SML Realty Trust, 23 Davis Lane, plan designed by Moran Engineering, Inc. (1) distance between lot line and septic tank, 10’ required, 8’ proposed, 2’ variance; (2) distance between lot line and leaching area, 10’ required, 6’ proposed 4’ variance; (3) distance between lot line and leaching area, 10’ required, 6’ proposed, 4’ variance; (4) distance between water line and leaching area, 10’ required, 6’ proposed, 4’ variance; (5) 235 reduction of the SAS area design requirement—Dan Croteau: upgrade of septic system which has a cesspool we will pump out and have filled. We have been to the Conservation Commission and we seek 5 variances here. All but # 5 are setback variances only. Query: what’s on the other side of the lot lines? We are 40’
from one house, 20; from the other septic system. Health Director: all thee are to the same home. I reasoned the reduction as water records show 352 gallons/day which is 60% less than Title 5 daily flow for this property. Tom Cosmer: this property usually has 1 or 2 large families each week in the summer, but we understand 10 families are to buy this property and that leads to a major concern. What is minimal use over 8 or 9 months may now increase drastically. We would consider that kind of a purchase a mini beach club and feel you should be apprised of the information when making this decision. This change could damage the sewage flow. We are concerned that there may be an overflow of sewage. Query: what is Plan D were this plan to be denied? Mr. Croteau: We would reduce the reduction so it would go back to allowing 8 bedrooms. If I have to move the system they would lose an oak tree and
encroach more on the property at # 21. If the purchase is not in keeping, that is a Planning Board issue. Chairman Kocot: if there is a violation we would then look at the situation. Health Director: we must look at the proposal before us, not what might be projected. There is a large house and a small cottage; the existing has an 8 bedroom design and flow was designed for that. Our variances have served this Board well in the past. If there was a change in flow, they would need to come before this Board. Recommend the Board favorably approve the plan dated November 23, 2010 with the orders of condition there be no increase in habitable space or flow to the septic system. Motion Ms Watson moved to approve the variances for 23 Davis Lane with the orders of condition there be no increase in habitable space
or flow from the plans of November 23, 2010; Dr. Insley seconding; motion passed unanimously.
11/24/10 letter from Atty. Crowell requesting reconsideration for 16 Central Avenue
4/15/94 letter from Board of Health with 4/6/94 decision to grant 2 variances with imposed orders of condition
9/29/10 Inspection report of Board of Health; property passed Title 5 inspection
11/19/10 Foundation/Septic profile
Two photos: glass-enclosed porch, attached storage area
3/25/94 Site plan & sewage system replacement
Certified plot plan for 16 Central Avenue
10/27/10 lst floor renovation plans, elevation views, 2nd floor addition plans
Exterior renovation views – 4 pp
C—Hearing – reconsideration of orders of condition 4/5/1994 – “no increase in square footage”, Murphy, 16 Central Avenue, prepared by William Crowell, Esquire—Attorney William Crowell: we request a reconsideration and have submitted plans showing the plan designs with existing floor plans and two photos. The current system passed a Title 5 inspection on September 29, 2010. They seek the increase in square footage for the proposed new owners; they are under contract to sell; denial would jeopardize the sale. The Board of Appeals unanimously approved the increase in height last Wednesday. They will be staying in the same footprint and the number of bedrooms will remain at two. The footprint includes the storage area shown in the photograph. The profile of a slab under the storage area; they seek to put
supporting columns there to uphold the new construction, so there is no new basement. There is no increase in flow; although they will be adding one bathroom. There is a sunporch; there is no increase in density, there is no increase in bedrooms. John Carroll: I am the son of an abutter who just went to an assisted living facility but asked me to object to this change. This is a family campground; all who bought as my father did in 1976 knew what they were buying into. He had tenants and had to have his system pumped, so he reduced the number of bedrooms in his property for concern for his neighbors. Adding a bathroom increase the load to the system; we are concerned about the impact on the neighbors. The increase in height is an aesthetic change; this is an addition, not a renovation. We are concerned this will be setting a precedent. We would ask you to uphold the orders of condition. Query: variances approved in
1994. Attorney Crowell: three setbacks: 9’, 6’ and 7’ variances which were approved with the usual orders of condition and no garbage disposal. The new system was an improvement; it was accepted. Bedrooms dictate flow; not bathrooms. Query: can the present septic system handle another bathroom? Health Director: Yes, a two bedroom dwelling utilizes 280 gal./day of flow . This system handles that 320 gal./day and passed inspection. The floor plan has no additional bedrooms; there is no new cellar space; it will remain a slab essentially. In the late 80’s early 90’s the campground was of major concern to us. We learned it was not a major concern of the Board of Selectmen that summer cottages were being converted to year round homes. It is not in the purvue of this Board to limit building or design. The Planning Board and Board of Appeals handle their concerns; we must ensure the health and safety
of the system to the environment. Recommend this Board favorably consider the reconsideration of the orders of conditions. Dr. Hurst moved to approve the reconsideration for 16 Central Avenue and allow the plan with a limit of two bedrooms in the dwelling and no increase in flow; Dr. Insley seconding; motion passed.
VI REPORT OF THE HEALTH DIRECTOR
Summary Cape Cod 2010 Semi-Public bathing beach sample results
Summary Cape Cod 2010 Public bathing beach sample results with analysis page -2pp
Summary Harwich 2010 Semi-Public bathing beach sample results 6/2 – 8/17/10 – 2pp
Summary Harwich 2010 Public bathing beach sample results with combo analysis -2pp
7/14/10 e-mail from Stephen Coan, State Fire Marshall re extension of 7/1/10 deadline to 9/30/11 requiring a retrofit of certain oil supply & return lines with a non-metallic sleeve or oil safety valve for leak prevention
10/1/09 Weights & Measures Inspection report Barnstable Reg. Services 7/1-9/30/09
10/1/10 Weights & Measures Inspection report Barnstable Reg. Services 7/1-9/30/10
10/28/10 e-mail from Town Administrator re food pantry
10/29/10 response e-mail from Health Director
11/3/10 letter from James Machnik, Today Real Estate re Harwichport Pizza’s described sign violations, overburdened parking utilizing raised leaching field and noted septic odor summer of 2010
11/4/10 e-mail response from Town Administrator re food pantry
11/5/10 e-mail from Brian Bjorklund re: Fall 2010 Oral rabies Vaccination Bait Station locations w 1 page each town
11/9/10 Roll Call Release re Potential for small-scale attacks using toxins and poisons from U.S. Dept. Homeland Security
11/16/10 e-mail from Town Administrator re resolution before Selectmen requesting NSTAR to abandon plans to use herbicides and delay allowing mapping of area wells
11/16/10 iPad response from Paul Niedzwiecki: 4 wells mapped, 2 horse farms have concerns on setback policy; expect mapping completed 1/1/11
11/16/10 e-mail response from Town Administrator with CCC response on spraying and well locations ? pp
11/17/10 Water QTF-Wastewater Mgmt subcommittee meeting agenda
11/19/10 e-mail from M. Benes, Exec. Dir. MAHB re comments sought on DEP Guidance for municipal implementation of state legislation transferring responsibility for permitting small solid waste transfer stations to local boards of health – 13 pp
11/30/10 Cranberry Valley Golf Course Septic System: current conditions, site challenges, considerations
12/2/10 e-mail from Susan Walker re chlorinated solvent plume at former W. Harwich School odor
12/2/10 response e-mail from Health Director
12/2/10 Harwich data budget projection FY 2012 town budget categories 015 01- 10; only change % shown part-time year-round, salaries & wages and bulk fuel; all others reflect 0%
15 PHEP Capabilities
11/23/10 Draft document of Proposed Re-organization town departments- 10 pp
Charter Provisions for Reporting of Department Heads
Current Harwich Organization Chart in effect
Proposed organization for town departments: November 2010
T. Administrator’s proposed re-organization plan showing responsibilities under Charter
-Cranberry Valley Golf Course status— Chairman Kocot and the Health Director attended a meeting on November 30, 2010 with the Town Administrator and members of the Golf Course Commission
-rabies baiting—A successful two-week baiting program across the Cape is in your reports. It is under the USDA World Life Board.
-Spraying by NSTAR—The Town Administrator informed us at meeting Health Director attended that there is no public health department action to limit the spraying on the utility right of way. A group founded to deal with the issue has been educating themselves on the rights of towns in the matter and materials being used. There are
3,000 acres of golf courses; 1,700 cranberry bog acres and 1,700 agriculture use acreage, which makes the land being sprayed by the utilities a small portion in comparison. They are seeking efforts to reduce chemicals and pesticides used on the land; they are not regulated.
-heating law extended—The law which was to take effect July 1, 2010 requiring encapsulated sleeving of fuel oil lines from the tank to the furnace has been extended until September 30, 2011 to allow compliance. It will be a new component required at time of transfer of property along with septic system inspection and smoke detectors. Pinpoint leaks is the major cause of fuel oil in the soil. Encapsulating the line will cost much less than having to deal with a fuel leak in the soil and handling the removal of same.
-beach sampling 2010—A summary of beach sampling for 2010 shows calculations across the Cape for semipublic and public beaches. 4,363 sampled and only 356 failed inspections is a less than 3% failure rate on over 4,000 samples. 97% is a great success rate.
-landfill plans in Harwich—Assignments at the landfill are under the purvue of the Board of Health. With the town’s seeking to locate gardens and other mechanical uses at the site, we have alerted them they need to ask Town Counsel if it is in the scope of uses of that land. The lining and contamination in the area led to restrictions of use which need to be studied before the Board of Health could act on either proposal.
-Hess housing—turning an old school into affordable housing in West Harwich; there is an issue with their primary plans. Ground water flows northeast to North Road houses and on to the Herring River area; it is a high geologic area. The town approved an engineering study; we seek to have the town indemnified and not be a responsible party for any contaminants found on that land. It is not at any level to detect odors. By doing the engineering study and seeking protection so as not to be identified as a source of contaminants we can avoid being named as a responsible party who would later have to shoulder any clean up costs.
-Nitrogen loading-- We are seeking the magic number for nitrogen in a watershed. The problem is localized to specific ground water; amounts vary in different locations. There may be discharge beds back there. The engineering study helps to narrow the requirements: there will be different levels needed in the different areas based on the numbers found currently. Goals for reductions sought: Allen’s Harbor 63% of current load; Wychmere Harbor 83%; Saquatucket 46%. We need to do less engineering at Wychmere; the need for water treatment will vary by sections, but we need all the town residents to pay as they all benefit from the improvements. Muddy Creek area: if you can improve the flushing in that area, the nitrogen can be presumed to be flushed out. There will be escrow accounts;
financing options need to be established. Chairman Kocot: the TMDL’s are being checked by an Orleans group in the northern area. DEP will be active in finding solutions. There can be some creative solutions for some of the reductions.-emergency preparedness plan—There are 15 new items on the Federal government’s emergency preparedness list that towns must comply with to receive Federal funding. It adds to the steps we must already take to meet compliance.
-DEP on transfer stations—A radical change is proposed that towns individually permit transfer stations, landfills and waste-hauling facilities rather than DEP. This is a significant change. The local Board of Health has site assignment authority at present, but the DEP handles permitting, regulations and operating plans. They would no longer be providing site suitability reports; this is called “dis-investing.” You would have to oversee a big facility if it falls in your area. The comment period is until December 31, 2010. Should we register a note of concern or let it pass?
-reorganization plan—the plan was not make available until the day before Thanksgiving; we has asked for input but were basically not a part of the planning process that went into the project. Selectmen have not seen this plan as yet. The Selectmen support combining multiple departments; they feel the town administrator has too many reporting staff. Five or six years ago an organization task force attempted the same kind of approach. Policy Boards and Commissions are being reorganized. It would limit the control over policy you currently have. If accomplished, the lines of jurisdiction become blurred. I would report to the Engineering Manager who would report to the Town Administrator. Day –to-day issues would fall on his desk, not mine. Enforcement departments: Conservation
Commission, Board of Health and Building Commission would have a new level of management. Departmental goals, budget priorities, financial decisions, recommended fees, even work priorities would not be under the Health Director based on the proposed chart. Just consider the rental property issue that we were involved in for the past two years: this Board deemed it not a goal they wanted to pursue-twice you had to vote on it, not an income producing action and not a fiscally responsible thing to do; a plan is in place which is a registration, not an inspection or enforcement process. What would have happened if the proposed system had been in place? A rental inspection program would have been put in place with staff needing to handle the workload. The Town Administrator had been setting my goals; I have to have a rental registration program in effect as one of my goals. Under the Engineering Director, if he said I must develop plans—it would have
had to be done. Call the Liaison, speak to the Selectmen to state your opinion of the plan. Department heads did not see this plan and had no input into it. We had two days to review and respond to it. Diluting enforcement departments is what is proposed. They would be diluted and diminished. There would be coercion and intimidation under the Town Engineer. How can you develop other programs if they take over all of those rolls? Flu clinic, water reports, we do some forty functions—how can one manager pick up on all of those functions plus those of the other areas he would be managing? Chairman Kocot stated he would explore these issues in his town report. Query: how does this structure help the finances of the town? A super department head, downgrading of many positions once that is in place, bringing in new hires at the same job..-Golf Course—Chairman Kocot and the Health Director met with the Town Administrator and the
Golf Commission Chairman and two Commission members on November 30, 2010 to discuss the septic issues. Back 9 restaurant needs improvements before issuance of a 2011 permit. The restaurant was underutilized this past season; they kept meticulous records of patronage: 25 daily for lunch, special events numbers were recorded. They did not have to pump as frequently and did weekly inspections. In the future they want to blend the country club with the high school when that rebuilding occurs. Currently they are using fewer than 110 seats. They will come before this Board on January 4, 2011.
-2011 permit renewals—Our workload is preparing for these.
-complaints—EPOCH—A visitor complained of the lack of notice to her when a resident there had MRSA. She was concerned there wasn’t sufficient warnings given. We investigated, discussed this with the Nurse at EPOCH; there had been a sign outside of the room to glove up, suit up. The facility reviewed their procedures and decided to make their signs larger. Query: did you get back to the complainant? Yes, it was put in a positive light that the facility decided to increase the size of their signs.
-FY12 budget—we are submitting a budget which is the same as last year; there are some hires who were not at the top step—these are the only increases expected. We are hoping to not lose ground this year; there have been great cuts in the last two years. They are changing over to part-time service.
12/7/2010 Permit List
Health Director recommended approval of the list of two installer permits, with D. H. Fletcher Excavating Co. a new entity. Motion Dr. Insley moved to approve the December 7, 2010 permit list; Dr. Hurst seconding; motion passed.
Dr. Insley moved to adjourn the meeting at 8:10 p.m.
Sandra C. Howard
Next meeting is Tuesday, January 4, 2011 at 6:00 p.m. in the small hearing room.