Meeting Minutes – Board of Health
6:00 p.m.
Members
Present: Mark Baker, Dan Brown, Cynthia
Gast, Duane Gregory, and Ken Janson.
Member Absent: none
Health Agent: Jane
Evans Raasch
Health Inspector: Patricia
Pajaron
Staff Advisors: David
Guertin and Wayne Perry
The meeting was called to order promptly at 6:00 p.m.
Agenda
Public
Comments
There were none.
New Business
242 Bradford Street
Failed septic system
(over pumping)
The owner, Cindy Binder, was present. There are three apartments in the house at 242 Bradford Street and every winter, without fail, the line between the pump chamber and the leach area freezes requiring the septic tank and pump chamber to be pumped. William Rogers II designed the system and John Rice installed it. It is a 900 sq ft mounded system and yet freezes each winter.
Jane Evans Raasch spoke to the Board and said there is evidently some flaw in either the design or the installation. She verified at the time of the freeze-up that this was not a system in hydraulic failure. Mark asked and found that the freeze occurs in the same general area each winter. Suggestions for the flaw may be that the installer read 1” line and it should be 2” – or a myriad of possible scenarios. Jane Evans Raasch told the owner that as much as we would all like to help her she requires the services of an engineer to provide a solution.
Mark Baker recommended that an engineer be hired to begin work on this issue. Mark further suggested that Ms. Binder meet with her engineer along with John Rice and James Roderick so that everyone is “on the same page.”
Motion: Mark Baker made a motion that the BoH modify
the August 17th letter sent by the County Health Agent to Ms. Binder
with the revision that within 90 days she must submit to the Health Agent
verification that the problem of freezing pipes in her system has been
fixed. She was advised to begin this
process by engaging a licensed engineer to detail and rectify the problem. Cynthia Gast seconded the motion and it passed
5-0-0.
[Ms. Binder would like correspondence relating to the problem to be sent to the Miami Beach address – or try calling her at 487-9848. – It was also pointed out by one Board member that there may be discrepancies on the plan.]
20 Aunt Sukey’s Way
Variance request
Alan Cabral presented for Felco Engineering. The original plan had been presented a while ago and Alan was told at that time that if the owners wished to install the Title V system as depicted on the plan that alternative methods would have to be employed due to the proximity to the wetland. This would mean a far more expensive overall installation. Alan, after meeting with the owners, the DeBarros’ family, drew up a new plan with the leach area located as far from the wetland as possible.
Motion: Dan Brown made a motion to approve job
#04023 for 20 Aunt Sukey’s Way as submitted with one deed restriction limiting
the number of bedrooms to 4 and verification that the adjoining leaching field
on parcel 22 is not within 10 feet of the proposed leaching area. Ken Janson seconded it and it passed 5-0-0.
51 Pleasant Street
Variance request
Alan Cabral from Felco Engineering presented the upgrade plan for 51 Pleasant Street. An abutter was originally in the audience but left when Alan explained to her that her concern stemmed from a typographical error on the plan that was fixed on the revised plans. When she understood that, she left for home.
Jane did a walk-through of the property and went over the whole thing with the abutter earlier in the week and explained that the problem was due to a typo. The Health Agent recommended approval of the plan. Duane asked if there were an addition to the footprint of the building? Jane said there was an addition to the footprint but it doesn’t affect design flow. The same variances would be required for a new septic system either with or without the addition. The addition would not cause an increase in setback variances since it will have a crawl space, as with the rest of the house and is not to have a full foundation.
Motion: Cynthia Gast made a motion to approve job
number 04040 for 51 Pleasant Street as submitted with a deed restriction – duly
recorded – for the existing 3 bedrooms.
Duane Gregory seconded the motion and it passed 5-0-0.
5 Harry Kemp Way
Variance request
This case was postponed.
205 Bradford Street
Variance request
This case was postponed.
Motion: Mark Baker made a motion to take the WWTP
Emergency Action Plan out of order.
Duane Gregory seconded the motion and it passed 5-0-0.
WWTP Emergency Action
Plan:
David Guertin led the discussion by providing background
information to the BoH regarding the sewer and recent events. He stated that the Sewer Team has every
confidence in the sewer system and we all need to exude that confidence in
order to defeat the perception that the sewer is unreliable.
David Guertin also announced that there will be an Enforcement Meeting to be held with at the DEP in Lakeville with Brian Dudley, Metcalf & Eddy, Woodard and Curran and town officials. This is a meeting of accountability. Brian Dudley of the DEP is very responsible, cooperative and interested in working with the Town to make the entire experience work smoothly.
Jane Evans Raasch said part of the concerns of the Sewer Team is to avoid a duplication of efforts. To have two sets of protocols would be most confusing to all involved including the police. The sewer team will take all BoH concerns quite seriously when revising the protocol.
The different members of the BoH all voiced similar concerns and finally Dan Brown asked, “What is the BoH role in this? When something bubbles up in the street – it’s also our problem.” David Guertin agreed and went on to state that the Health Agent is notified whenever there is discharge to the surface. Should the spill be uncontained, as on August 21, 2004, her presence will be requested. He also reiterated that the responsibility for all sewer clean ups lie with the operator, Bill Burke of Woodard and Curran. It is his license that would be on the line. David Guertin reiterated that the DPW is not in the business of running the sewer. He said that the town has a contract with Metcalf and Eddy to run the sewer and the liability for its operation rests with them. Mark Baker had one request: that Jane shoot off an e-mail to everyone on the BoH so that all are informed and can relay that information to whomever should make an inquiry. Mark just wants to be kept in the loop. This avenue would definitely help increase public confidence.
Discussion
Dog Leash By-Law
Pat Pajaron said she had found from Ruth Anne Cowing, the dog officer, that there have been 400 dog-related complaints. Ruth Anne Cowing has not broken them down into categories i.e. running loose beyond allotted times, dog bites, not picking up after dogs, etc. Pat said the citizens want to blame beach closures on the loose dogs on the beach and yet that’s not the only source of pollution. This is the worst year we’ve had for beach closures; there were 23 beach closures. The public is clamoring for answers and solutions. There have been a lot of angry phone calls regarding the closures, i.e., in the St. Mary of the Harbor area where there were 5 closures.
Any other business that shall properly come before the Board
Dr. John Livingstone sent a letter to the BoH recommending that the leash by-law be suspended and a moratorium be placed on new activities in the harbor until more data has been collected regarding pollution sources.
Duane Gregory asked how we compared to other towns. Pat Pajaron informed the Board that this information is available on the Barnstable County web site. She said that compared to other towns, we’re the worst.
Mark Baker said that as we move toward a fall Town Meeting we need data to discuss this problem. He advised keeping this issue on the agenda for a standing discussion. Dan Brown wants to separate the issues. Beach closures should be discussed separately from leash laws, etc. [As an aside it was found that Ruth Anne has given 40 citations to dog owners.]
Approval of Minutes for August 26, 2004
There was one correction as it appeared on page 4. “occupancy certificate” should have read “renter’s certificate” Jane will make the change.
Motion: Ken Janson moved to approve the minutes of
the August 26th meeting with one correction as mentioned above. Dan Brown seconded the motion and it passed
4-0-1 (CG).
Other Business
There is an upcoming meeting on October 4th which will take place at 6 p.m. on a Monday night in early October. Carol (?) the presenter needs at least 30 people in attendance for her to give her seminar. Everyone on the BoH received the hand-out at the meeting.
Health Agent’s and Health Inspector’s Reports
Jane told the Board about one incident from 49 Commercial Street. An abutter to the property was very emphatic that there was a break in the sewer pipe. It was a water leak. Turned out to be a tempest in a teapot!
Everyone in the BoH received something in their packets explaining related terminology.
Jane also felt that the group needs to revisit the proposed revisions to the local Title V regulations. It will be put on the next agenda for discussion.
Jane would like to hold a joint public hearing with the W&S Board at the time that we are ready to adapt the revisions to the sewer regulation regarding the FOG program. This item will also be put on the next meeting agenda.
Patricia Pajaron’s report consisted of a sigh and she is “glad that summer is over!”
Board Members’ Statements
Dan Brown had no final statement.
Ken Janson informed the group that he will not attend the next meeting as he is unavailable.
Ken also wanted information to take back to friends of his who recently bought a house on Pilgrim Heights Road. Ideally they would like to add a dormer and deck. They know the view would be terrific and Ken wondered if it would be construed as an addition and if they would have to have a new septic. Jane felt that they would have to go into the Growth Management queue. Duane said that they couldn’t even discuss it without proposed plans. Ken will carry this directive back to his friends.
Mark Baker said he – also – would not be here for the next meeting so he cautioned everyone to please attend or notify him if they have a problem. Duane will be chairing that meeting.
Duane Gregory had been asked a question by Ruth Gilbert. Ruth wondered if the Health Agent always does a walk-through when a pre-existing property has a new engineer designed Title V plan. Jane said yes, she always does a walk-through and she also requires a floor plan.
Cynthia Gast announced that she had sold her house and is closing on it on October 15th. She would like to stay in Provincetown but if she can’t find a rental she may have to move out of town and resign from the Board.
The meeting adjourned at 7:34 p.m.
Respectfully submitted,
Evelyn Gaudiano
Evelyn Rogers Gaudiano
Approved by ____________________________on ______________, 2004.