Meeting Minutes – Board of Health
6:00 p.m.
Members
Present: Dan Brown, Cynthia
Gast, and Duane Gregory
Member Absent: Mark Baker and Ken Janson (both
excused)
Health Agent: Jane
Evans Raasch
Health Inspector: Patricia
Pajaron
Staff Advisors:
The meeting was called to order at 6:00 p.m. by Duane Gregory, Acting Chair
AGENDA
Public Comments
There were none.
New Business
7 Carver Street
Plan review
Duane Gregory disclosed that her office had been engaged in the sale of this property. There were no objections registered from anyone so she was able to sit on the case. John DeSouza presented the plan to the BoH. He was accompanied by Damon Leard, the owner. Seven Carver Street is a 2 family and is lacking proper egresses and lacking one kitchen. Thus, they’re adding decks, a kitchen, and one sun room in total. The sun room will be added in unit 2 at the head of the stairs.
Jane said she did a walk-thru and determined that the proposed floor plan indicates there will be no additional flow. (existing 4 bedrooms). The opening to the proposed sun room has at least a six foot opening.
Motion: Cynthia Gast made a motion to approve the
plan for 7 Carver Street. Duane Gregory
seconded the motion and it passed 3-0-0.
5 Harry Kemp Way
Title 5 variance
Jason Ellis presented the plan. He wants to upgrade the existing septic as much as he can to a compliant Title 5. To accomplish this he asked for several variances. There was a typo on the plan, which referred to parcel 94. (Correctly it should have read Parcel 64).
Jane Evans Raasch did a walk-thru and agreed with Jason that it’s a 4-bedroom house with a large percentage of the lot covered by the dwelling. She would recommend approval with a 4-bedroom deed restriction.
Several of the abutters were quite concerned over the stability of their lots when the title 5 installation was begun. Duane Gregory asked if he would be taking precautions to ensure stability of the abutters’ properties.
Kathy Kruger who owns parcel 79 said she really needed assurance that – should damage occur – someone would be financially responsible.
Raymond Duarte who is the owner of the property explained that his cesspool is 1˝ feet on town property. The property is currently in land court and his lawyer advised him that in order to get around this he should put in a title v.
Peter Thomas, an abutter, who lives on Fishburn Court showed concern as well. Discussion ensued regarding reducing leach field by 25% in order to have it further away from the abutting property lines and foundations. Jane assured the board that a 25% reduction in the leach field would not be a significant environmental concern. Duane informed the Board and the abutters the board was limited to two choices: 1) to approve plan as is with proper shoring, or 2) to allow a 25% reduction in the leach field which would at least reduce the setback variances somewhat. The consensus of the board is to have the applicant re-design with a 25% reduction and continue until the next meeting.
Motion: Dan Brown made a motion to continue the case
until the October 14th meeting, requesting the engineer to come back
with a plan that would show a 25% reduction in the leaching field and that the construction protocol and
attendant safeguards regarding 5 Harry Kemp Way will also be presented at the
October 14th meeting.
Duane Gregory 2nd the motion and it passed 3-0-0.
201 Bradford Street
Title 5 variance
Jason Ellis presented this plan that would need 4 variances. He had already handed in a design plan from Tom Thompson. Jane didn’t do a walk-thru but she does have design plans. There are 2 units and 3 kitchens (maybe a bar set-up on the 3rd floor).
According to Jason, the owners were going to renovate and then they decided to sell it. Jason says it’s a 3 bedroom system. Because of the confusing floor plan, the board would like Jane would to do a walk thru and continue this case until the October 14th meeting.
Motion: Dan Brown made a motion to continue the case
until the October 14th meeting in order to allow the Health Agent to
do a thorough walk-thru. Duane Gregory
seconded the motion and it passed 3-0-0.
28 Conwell Street
Title 5 variance
Alan Cabral presented the plan for Felco Engineering. The plan will be able to allow a substantial amount of vegetation to remain as is. He just received approval from the water department and they want a new style meter installed.
Owner Stephen Magliocco spoke to the group and corrected that they are keeping the 2 bedrooms in the cottage, not reducing it to a one-bedroom cottage as originally proposed. Jane recommended the plan with a deed restriction for six bedrooms. Everyone felt that H20 components are needed because there may be parking atop the system.
Motion: Duane Gregory made a motion to approve with a deed restriction for 6 bedrooms. Dan Brown seconded the motion and it was approved 3-0-0.
Discussion
Bathing Beach Water
Quality Report
Stacy Singleton is the regional beach inspector. Ryder street is a Flagship Beach which means extra and more detailed monitoring is being done. Her report dated 9/15/04 was passed out to the BoH.
Sandy Turner was able to get a $70K grant for Harbor storm water assessment project from Coastal Zone Management.
Stacy recommended restricting dogs to only one area-or barring dogs from the beaches altogether-for one season to see if the water quality improves. Pat Pajaron thinks it’s a great idea to have only one area for dogs. It would be easier to enforce clean up. Dan questioned that assumption, stating that all of the beaches would still have to be monitored in order to guarantee compliance. Otherwise, any results for the effort would be inaccurate and subject to question. We need more enforcement then we can do presently
Pat said that most towns don’t allow dogs on beach during the bathing season. And none allow them without leashes. Cynthia supports a specific spot for dogs. Dan agrees if it’s enforced. Otherwise, the board would be taking away a right granted by Town Meeting, with no corresponding benefit.
One member proposed that the Harbor Committee, the BoH, and all involved committees get together and try to brainstorm a solution. Another member thought that the Finance Committee and the BoS would be the people to speak to about cleaning up the beaches.
Pat will go ahead and ask for a sanitary survey. It will probably be done in the spring – they take a look at the location and see all the things impacting on the survey. Then we can come up with conclusions and recommendations.
Duane wants to wait for Mark Baker to see about joint meetings and suggested rather than additional meeting times, work a joint meeting into our BOH scheduled meeting. Maybe we can have Pat draft a memo to the Harbor Committee to see if they’re interested in a combined meeting on beach closures and the reasons for it.
Review revisions to BoH Title 5 regulations
Dan wanted clarification on quite a few of the regulations and Jane explained most of them and changed some of them.
Duane had a suggestion on the windows and all the measurements supplied in the regs. For simplification, Duane felt that that entire area could be condensed to say that it should meet all the Massachusetts building codes regarding egress windows and cite the proper section (780CMR)
Jane then asked the group if we want to require all grease traps to have monitoring devices – even those on a private septic system? Jane said they have to pump at least twice a year as long as they are still pumping at 25% capacity. The BoH will have to decide if they want to carry it over to the septic systems. She hates to O.K. cesspools and considers them failed if they are within a certain amount of feet from ground water. Duane suggested state law already requires mandatory inspections of condo septics every two or three years depending on pumping records. Jane felt that maybe it should include mandatory pumping every 2 years for condos.
The group spoke of setting a date for a hearing on Title 5 amendments - maybe the end of October or beginning of November? Jane thinks the November 18th meeting would be doable. They want Mark and Ken’s input on Title V amendments.
Approval of Minutes
for September 9, 2004
Motion: Cynthia Gast made a motion to approve the
minutes of the September 9th meeting. Dan Brown seconded the motion and it was approved 3-0-0.
Any other business that shall properly come before the Board
Jane wanted the Board’s opinion on several subjects:
1. 28 Pleasant Street – The homeowner wanted to install a sink in a garage and make it into a studio.
2. 49 Bradford is the Shamrock Motel. The proposed new owners want to reconfigure Building 2 (the one with the manager’s office in it). Jane wondered if the BoH wants to oversee this or can Jane make the decision? Duane said to give them the standard answer “Come before the Health Agent and the BoH with a plan.” Duane cautioned that they shouldn’t be made any promises; they were evidently quite anxious to close on the property.
3. 34 Commercial Street – Property is owned by a writer and she needs a study space. Duane thinks her proposed addition may have to go through Growth Management but that will be decided at another time.
Health Agent’s and Health Inspector’s Reports
Box Lunch is the only one who has not put in a grease trap. Owner says he will be putting in a grease trap in October.
Jane Evans Raasch had nothing further to report.
Patricia Pajaron gave a rabies update. Dennis and Yarmouthport are the latest two towns being hit by rabies. Barnstable County voted to appropriate $1,200 to autopsy dead or sick animals. It sounds as though they will start baiting up to Orleans.
Pat also reported that one dog has been put under quarantine for 45 days because he was bitten in the ear by a coyote. According to the dog owner, the incident occurred in the cemetery. The dog was loose and wanted to play with the coyote. The coyote wasn’t interested in playing and bit the dog on the ear. It didn’t appear that the either the coyote or the dog were being aggressive. (Dog is up to date on his shots – otherwise the quarantine would have been for six months.)
Board Members’ Statements
There were none.
The meeting adjourned at 8:20 p.m.
Respectfully submitted,
Evelyn Gaudiano
Evelyn Rogers Gaudiano
Approved by ____________________________on ______________, 2004.