Board of Health
5:00 p.m.
Members Present: Jerry Anathan, Mark Baker, Dan Brown,
and Duane Gregory
Members Absent: None
Health Agent: Jane
Evans
Health Inspector: Vacant
The meeting was called to order at 5:00 p.m.
AGENDA
Public Comments
There were none.
Old Business
41 Off Cemetery Road
Wm. Rogers, II presented his plan to the Board, once again. The information Mr. Rogers had was the same information he had provided at the June 30, 2005 meeting. He also had written testimony provided by a wetlands specialist, Paul Shea. ConCom also agreed with the findings of Mr. Shea. Based on the new information, the fact that Town personnel determined that groundwater flow is away from the wetlands, and the fact that groundwater is not an issue, the Health Agent recommended approval of the septic system design plan as submitted.
Motion: Duane Gregory made a motion to approve plan
05-1848 dated May 18, 2005 with a deed restriction of the existing 9 bedrooms
duly recorded with the Barnstable County Registry of Deeds. Dan Brown seconded the motion and it passed
4-0-0.
New Business
Ed Crane – New Massage Therapist License
Ed Crane presented on his own behalf. He provided the Health Agent with all the necessary paper work, which was all determined to be in order, and has completed 600 hours of study.
Motion: Dan Brown made a motion to approve Ed
Crane’s LMT license; Duane Gregory seconded the motion and it was approved
4-0-0.
(Mr. Crane acknowledged Mark Baker's reminder that outdoor massage is not allowed.)
290E Bradford Street - Title 5 Variance
Duane Gregory disclosed before the case was presented that she had been involved in the property when it was purchased in October 2004. No one objected to having Duane sit on the case.
John DeSouza presented the case on behalf of the owners, Robert Zeller and Gilberto Pocaterra and said that all six abutters have been notified about the septic plan and had no objections to any part of it. John then proceeded explaining the plan and the reasons for it. Since there is no increase in flow but merely a reconfiguration of the existing 3 bedrooms, Jane Evans recommended approval.
Duane Gregory said her concern is one of setting precedence; she didn’t like the idea of creating variances where there were none before. Mark Baker said these kinds of decisions are based on a case by case finding and since no abutter’s property is being affected, he saw no reason to deny it. The example of a home installing an in-ground pool that the Board approved was offered as an illustration of the Board’s past decisions.
Motion: Dan Brown made a motion to approve the
variance request for 290E Bradford Street with a 3-bedroom deed restriction
recorded in the Barnstable County Registry of Deeds which must be presented to
the Health Agent prior to the release of the building permit. Jerry Anathan seconded the motion and it was
passed 4-0-0.
4 West Vine Street - Title 5 Variance
Wm Rogers, II presented the case for Michael Forde, the owner. The septic system will be a pressure dose system because of the confines of the lot and the fact that the property is 6 ft. above the water table. Jane did a walk through on August 30, 2004 and determined that the 1st floor unit has one bedroom and the 2nd floor unit has two bedrooms. Mr. Forde purchased the property last October and part of the agreement was that he would have a new, approved septic system installed.
Duane faulted the fact that a septic inspection had not been ordered as part of the transaction; Jane countered by saying that an inspection would have cost $500 and she felt it was an unnecessary expense to put the purchaser through since part of the P & S agreement mandated a new septic and no one was living in the property at the time.
Motion: Duane Gregory made a motion to approve plan
05-1844 with two conditions:
1. A deed restriction for 3 bedrooms must be
recorded with the Barnstable County Registry of Deeds, and
2. No Certificate of Occupancy can be received
until the system’s Certificate of Compliance is on file.
Mark Baker seconded
the motion and it was passed 4-0-0.
Discussion
6 Sandy Hill – Septic
System Discussion with Felco Engineering
Alan Cabral, from Felco, led the discussion for Mrs. Kuliopolis and her son, Thanassi. They had met a few months ago with Jane and Jane asked for the septic plan at that time.
Alan Cabral said the new building plan shows the Kuliopolis family keeping the existing septic system that serves the motel, but plan to take 2 bedrooms out of the motel to allow flow for the new structure. They will also design a new 5-bedroom septic system for the replacement structure for the structure that burned down. They discussed a new configuration for the new house, and Mark Baker felt that a new floor plan would be in order, as well as the original floor plan. Mark even thought that the Assessor’s file may have the original floor plan. Doug Taylor will be requiring both plans (original and proposed), too.
Alan just wanted to know if this proposal might be allowed by the BoH and - if not - what would be required by the BoH. Jane said she will look up the separation needs for the two systems, but she felt the separation has to be double the width. For leach fields you need a separation of 10 feet. Jane will look up all these requirements in order to clarify this. Alan also informed the BoH that the system will have to be raised due to the height of groundwater in the area.
Mark Baker felt that ONE existing and proposed set of plans showing both the motel and the new structure would be less confusing rather than two.
Duane Gregory said that the BoH would definitely need a floor plan for both structures. Jane promised that she will be closely following the plans and will keep the BoH apprised as the plan evolves.
Motion: Mark Baker made a motion to move All Other
business before the minutes. Jerry
Anathan seconded the motion and it was approved by all.
Any other business that shall properly come before the Board
Steven Zuley – New Massage Therapist License
Mark apologized for the mix-up in the agenda that left Mr. Zuley off. Jane Evans told the BoH that all the paper work has been submitted and is up to date. All criteria have been met.
Motion: Dan Brown made a motion to approve Steven
Zuley for a new LMT license. Jerry
Anathan seconded the motion and it was approved 4-0-0.
(Mr. Zuley acknowledged Mark Baker's reminder that outdoor massage is not allowed.)
Approval of Minutes
for June 2nd, and June 30th, 2005
Motion: Duane Gregory made a motion to approve the
minutes of the June 2nd meeting; Dan Brown seconded it and it was
approved 3-0-1 abstention (JA).
Motion: Duane Gregory made a motion to approve the minutes of the June 30th meeting. Dan Brown seconded the motion and it was approved 3-0-1 abstention (JA).
Health Agent’s Report
Jane told the Board that she had removed the sign from the Cottage Street property since they had complied by removing the bath and kitchen fixtures from their shed. She will check on the property as time permits to ensure continued compliance.
George Bryant received yet another ticket today. The judge handling the case is scheduled to walk through the property on July 28th. There are now several signs on his property and it was wondered what could be done about that. Mr. Bryant came before the BoS and said that he has a high bacteria count in the water on his property and complained that the BoH is after him for a “couple of pieces of metal!”
There were no health incidences over the July 4th weekend for which everyone was grateful.
Board Members’ Statements
Dan Brown said he had given Jane Evans an article on Avian Flu. He said that there is a potential for between 10 and 80 million people to be killed world-wide by this epidemic and the scientists have now discovered that they’ve even had human to human transmission. Dan apologized for his June 16th absence. He also asked for an update on the plans for the installation of an unauthorized septic system at the Race Point lighthouse.
Discussion on
the Septic for the Race Point Lighthouse
The group thought that the Coast Guard is the owner of the Race Point Lighthouse. The name of the Captain – or the person in charge – of the local Coast Guard Station would be established and then Dieter Groll and/or Keith Bergman might want to contact him about the septic situation for the lighthouse.
Duane Gregory revisited 4 West Vine Street and its lack of a septic inspection upon the sale transfer. Jane repeated what she had said originally – that she didn’t want to have people spend $500 for no good reason, especially when the P&S stipulated that the new owner would install the new system. This prompted a spirited discussion and it was thought that perhaps it should be made mandatory that in these circumstances, a plan be filed within a specific amount of days and a specific date for the installation of such determined. Duane continued that she doesn’t want to see any real estate transactions go through without an inspection.
Duane – as well the entire group – then welcomed Jerry Anathan, the newest member of the BoH. Mark Baker spoke briefly of excerpts from the open meeting law, e-mail protocol, and disclosures of possible conflicts of interest. Conclusion: Mark promised to send Jerry any recent edicts on the above subjects.
Adjournment happened at 6:23 p.m.
Respectfully submitted,
Evelyn Gaudiano
Evelyn Rogers Gaudiano
Approved by ____________________________on ______________, 2005.