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Board of Health Minutes 12/11/2012
                        TUESDAY,   DEC. 11, 2012 AT 6:00 PM



SUBMITTALHarwich December 11, 2012 Board of Health Agenda – 2p
Chairman Dr. Stanley Kocot called the meeting to order at 6:00 p.m.

II             6:00 – 6:30 p.m. BOARD OF HEALTH WORK SESSION

A.            6:00 p.m. Legal Public Hearing
To solicit public comment on a request to make modifications to the Town of Harwich solid waste site assignment, 273 Queen Anne Road, MAP 58 & 59 Parcel M-1. Proposal is to remove Lots 2 & 3 (22,908 sf+/-) from the site assignment.  Vote to accept/deny this consideration.SUBMITTALS: 10/30/12 Letter from P. Sweetser, Surveyor re: Request for Minor Modification to the existing Solid Waste Site Assignment,  Ch. 8 Solid Waste Management MA BOH Guidebook re: Board of Health role at a Glance – 4pp.,  Plan of Land, 273 Queen Anne Road, MAP 58 & 59 Parcel M1,  12/6/12 letter from P. Sweetser, re:  Request for Minor Modification to the existing Solid Waste Site Assignment w attachment Article 27 5/3/11 Special Town Meeting re: Sale or Lease of Town-owned Property on Disposal Area Parcel; Legal Ad for 12/11/12 Hearing submitted, copy of Ad run 11/22 and 1/29/12.    Chairman Kocot called the hearing to order.   Health Director: the following Notice of this hearing was published in the Cape Cod Chronicle on November 22 and 29, 2012.  In accordance with M.G.L. C. 111 § 150A and § 150A ½, the Harwich Board of Health will conduct a public hearing on Tuesday, December 11, 2012 to solicit public comment to make minor modifications to solid waste site at 273 Queen Anne Road, Lots # 58 & 59, Parcel M1.  Lots 2 and 3, 22,908 square feet to be taken out of the site per plan prepared by Harwich Engineering Department on file with the Harwich Board of Health.  The hearing will be at 6:00 p.m. in the small hearing room at Harwich Town Hall, Harwich MA, 02465.  Copies of site assignment are available at Harwich Town Hall.  No written communications were received; no telephone calls in.  The material is in your packets. Boards of Health in Massachusetts have responsibility to hold legal hearings dealing with site assignments of landfills, cemeteries and disposal sites, including regulations etc.  Two commercial properties on Queen Anne Road in existence are over the property line and are using property of the town, based on research of town property.  Town meeting in May 2012 voted to have the Selectmen to enter into negotiations to sell or lease that property.   The Board of Health oversees site assignments in perpetuity and had put these sites aside for solid waste and related purposes.  Before taking back to adjunct commercial property and remove from legal constraints of being a site assignment, eleventh hour report of Engineering and Planning Departments determined they need to request a 2 month continuance to allow the Planning Department, which was contacted by the Cape Cod Commission, to clarify if they can remove the property from the larger parcel.  They may have to go to the CCC for an exemption.  We posted and have opened the hearing to do the site assignment after notice.  They need to get all issues aired.  We have a request for the continuance of the public hearing until 6 p.m. on Tuesday, February 12, 2013.  There is no one in the audience to address the issue.  The small triangle is on Queen Anne Road.  Lot lines are not an issue.  The process is what is at issue.  Approval or not required as the process is the single issue.  The size –still ambiguity in Planning Department; they need 2 months to iron it out.  Motion Ms Watson moved to continue the Hearing to Tuesday, February 12, 2013; Mr. Boyle seconding; motion passed.  Dr. Kocot moved to close the hearing; the hearing is not closed.   Motion Ms Watson moved to continue the Hearing to Tuesday, February 12, 2013; Mr. Boyle seconding; motion passed.  Duplication motions; first and second motions passed unanimously.

III      MINUTES OF PREVIOUS MEETING— Nov. 5, 2012   Minutes shall be reviewed; proposed changes shall be possible; and a vote to approve with any noted changes shall be taken-- SUBMITTAL:  Nov. 5, 2012  BOH minutes –   7 pp.  Motion Dr. Insley moved to approve the minutes of  November 5, 2012 as presented; Ms Watson seconding; motion passed with four votes in favor and one abstention.

IV       6:30 p.m. OLD/UNFINISHED BUSINESS  -  None


A—Hearing—to consider variance requests to replace a sewage disposal system for Gallagher, 6 Woodbine Road, Harwich Port, prepared by Dan A. Speakman Construction.  Requested variances:  (1) S.A.S. to property line, 10’ required, 5’ proposed, 5’ variance- -Vote to accept/deny this consideration. SUBMITTALS:  11/26/12 letter from D. Speakman re: 6 Woodbine Road, Harwich Port request for variances, 11/2/12 Site Plan for S.A.S. and Locus Plan--
Chairman Kocot declared the hearing open.   Dan Speakman:  the septic was installed in 1997.  Had to do a 5’ overdig in 1997.  No variance needed then as we had 10’ from the property line.  Now we require a 5’ variance as the leaching system is to the right and inside of the wall.  Pressing containment of these three walls means no room on the lot. Bill Gallagher called the summer of 2011 asking if anything could be done.  Health Director:  recommend approval.  Change in regulations are allowing applicant to recoup some of the yard. Eliminating the 5’ requirement around unit inside of walls makes a huge difference in the leaching field.  Totally above ground system.  Quite an obstacle, loss of yard.  Give back to applicant.  Allow deed restriction, pressure dose order of conditions.   Motion Ms Howell moved to approve variance of 5’ from property line for 6 Woodbine Road; Ms Watson seconding; motion passed unanimously.  Health Director:  setback from edge of stone to concrete wall had a buffer for SAS to concrete wall.  Now much less square footage after eliminating the buffer.  You get the concrete wall.  Only on the bottom of the leaching area now.  Back then, part of the code then.  Effluent goes straight down; contained in the wall.  Lined with a polyvinyl barrier.

B—Hearing—Request to reconsider order of conditions for three bedroom deed restriction.  Floor plan change for Castricum, 17 Adams Street, Harwich, presented by Bray Building and Remodeling Company.  Vote to accept/deny this consideration. SUBMITTALS: 11/23/12 letter from R. Bray re:  Letter Requesting Hearing (17 Adams St.), 2/17/83 Asbilt Plot Plan for Lot 26 Adams St., undated Vertical view for Castricum, 7/7/12 lst floor plan, undated 2nd floor plan for 17 Adams St., undated walk-out basement plans, photos of bedrooms # 1 & 2, front and side view of dwelling.  Roger Bray:  home built end of the 80’s.   Chairman Kocot:  no Locus Map?  Mr. Bray:  off Long Road, first right ½ mile down.  Short cut is Bank St. to Chatham Road.  Changed owners--three bedroom home.  Changed to one bedroom in front; they want to raise the second floor and put in a second story but still have a three bedroom home. Chairman Kocot declared the hearing open.    “I love my mother, but I need my own space.” Ms Castricum.   Health Director:  I met with the builder on design changes.  We downsized the basement.  Chairman Kocot:  was it a legal bedroom?  Health Director:  it was always counted as a bedroom.  It is finished space.  They have taken down walls and returned it to an open finished basement with no partitions and closets.  The second floor has a kitchenette and bathroom area.  We will monitor it through the blueprint process and do a walk through before a certificate of occupancy issues.  Motion Dr. Insley moved to close the hearing; Ms Watson seconding; motion passed.   Motion Ms Howell moved to accept detailed plans to put a second story on 17 Adams Street; Ms Watson seconding; motion passed unanimously.


SUBMITTALS:  11/5/12   Memo to Department Heads from J. Merriam re: Mission Redefined –volunteering for municipal functions;             11/5/12 FY 2014 Health Department Budget request – 3 pp.;           11/26/12 e-mail from E. Beebe re: my resignation,11/27/12 Request for Personnel Action re: E. Beebe,  11/31/12 e-mail from E. Beebe re: Synopsis, e-mail list of food vendors, 202 annual inspections, 11/9/12 e-mail to C.P. of capconsulting re:  Harwich Cumberland Farms –new facility review requirements;           undated filing for variance from A. Raggio  re: Cloutier Supply Co., 10/29/12 Board of State Examiners of Plumbers & Gasfitters Application for Variance from State Plumbing Code – 2pp., Consumer Affairs & Business Regulation  Regarding Commercial Buildings Utilizing Overhead Garage Doors enacted 5/5/2010 Amended 11/30/2011,  11/26/11 Architectural Drawing Cloutier Supply, Lots 9 & 10, Deerfield Road, regular and zoom views;             11/16/12 e-mail to E. Banta from P. de Bakker re: Sewer Article;            11/19/12 Letter to Harwich BOS et al. from Town-Wide Water Quality Management Task Force re:  Condition of Hinckleys Pond in Harwich, MA.;             11/13/12 e-mail from D. Arvidson, P. Health Nurse re: Com-munity Innovations Grant w  attached copy of application, 11/14/12 e-mail from J. Giorgio re: Community Innovations Grant, 11/19/12 e-mail from D. Arvidson re: Community Innovations Grant, 11/21/12 e-mail from J. Giorgio re Community Innovations Grant, 11/21/12 e-mail from G.Heufelder re Community Innovations Grant, 11/26/12 e-mail from J. Gorgio re Community Innovations Grant, 11/27/12 e-mail from G. Heufelder re: Community Innovations Grant;             11/31/12 Letter to D. Silva & S. Shaughnessy from G. Larson, Bldg. Commiss., re 12 Allen Street (Assessor’s Map 30 Parcel H6 );              11/20/12 Complaint from D. Davis re:  behind Claddagh Inn, 77 Route 28, , 11/20/12 e-mail to J. Sennott re:  77 Route 28 – complaint of loud animals not fenced in, 11/21/12 e-mail from J. Sennott re:  77 Route 28, 11/21/12 letter received from D. Davis re: Chickens!, 11/21/12 e-mail sent P. Champagne from P. Sampson re FW:  77 Route 28;                9/13/12 e-mail to E. Senteio from D. Spitz, Town Planner, re: Harwich –copier/printer/IPhone queries & Replies -2 pp., 9/14/12 e-mail to D.Spitz from E. Senteio, Yarmouth Finance Dept., re Scanning Options Related to ePermit/eLicense, 11/7/12 Memorandum to J. Merriam from D. Spitz re: Technology-related budget items;             11/13/12 e-mail from J. Merriam re: Community Center septic, 11/21/12 e-mail to J. Merriam re Community Center septic 3 questions;            11/14/12 Memo from E. Banta, Planning Dept. re Development Application Referral for Monomoy Regional School District w undated response from Health Director--             
-FY14 – Fiscal year 2014 budget submission was in early November.  The Town Administrator’s budget message was crucial in the numbers area—no change in expenses from this year’s budget.  Fiscal budget cutting expenses.  Salary and wages include the employee’s negotiated annual reviews.  The budget is the same -$ 256,429.72 plus the step increase to employee contracts, which is the same as last year.  Expenses are $ 14,948.48.  Request ratification of the budget.  Motion Ms Watson moved to ratify the FY14 Health Department budget; Ms Howell seconding; motion passed unanimously.
-Staff news—New inspector Emily Beebe has had a life-altering change; she had to eliminate a position abruptly as aging parents are in very failing health.  She had to give up on the part-time job.  We had seen significant changes in the goals for the Department.  Electronic age—we had food service personnel receiving a weekly newsletter.  We receive hundreds of information bulletins from the Federal Food and Drug.  Four, five or six recalls per week.  It is difficult to keep up.  Need better electronic contact with retailers to get information out.  On board with Twitter.  We hope we can continue the process; it has been a goal of the Department for a couple of years.  Food service has been lagging.  Chairman Kocot:  replacement?  Health Director:  after talking to the Town Administrator we are posting in-house initially, as required in the employee’s contract.  This week it is going out to the newspapers if unsuccessful in-house.  There were zero candidates in house the first time the position was posted.  You need health department experience.  The ad in the paper several months ago had a pool of candidates that was practically non-existent.  I will ask the Health Officer’s group, area colleges.  The pool is shrinking.  Public health field is aging in place.  It is not a prestigious field financially or professionally.  It is a national concern—addressing it as a national problem.  Health has been hit by cuts in budgets clearly.  Public Health is changing in local universities; we need to nurture in that area—internships.  It is a senior crisis; many are retiring in the next ten years.  There will be a lot of empty spaces in public health town workforces.   I anticipate a problem in filling the position.  In the past, we have been successful in using retirees.  It is a challenge to master technology.  There are good inspectors out there.  In the next 5 or 6 years we will be going mobile; mobile field technology with less paper.  It is a challenge.  Emily had completed 41 inspections and brought two new restaurants on line, etc.  We wish her the best.
-Discussion—Floor Drain Protocol—We had Rick Hamlin on Great Western Road had to have floor drains because of the overhead doors and vehicles in and out of the building.  If one didn’t have a sewer, you need to have a tight tank.  He tried to convince the state he didn’t need to install the floor drains, but he was denied.  There has been a reconsid-eration of the enforcement of the regulation.  If you can prove that there will not be equipment rolling in and out of the building, the order is relaxing.  This is the State Board of Plumbing Examiners.  You cannot have industrial cars in the building.    If there are barriers in front of the building they will consider a variance.  There is no town plumbing commissioner.  They have to start with the Board of Health, then apply to the Plumbing Inspector.  Trying to streamline the process—Cloutier Supply Company is constructing a building to store tile and flooring, with no chemicals and not driving into the building.  There will be ballards in front of the doors.   Want to develop a process at the staff level rather than having to pay a filing fee or coming before you for a hearing.  If they show demonstration of their plans they would need a sign off to apply to Boston for a hearing.  A meeting with the Health Director to discuss.  Sign off, assume they will follow through.  Once approved in Boston, send the Board of Health a letter and require the blueprint and the restriction to be filed in the Registry of Deeds.  If changes needed, come back to the Board of Health.  Have the process be initiated at the office level.  Motion Ms Watson moved to streamline the process to allow the Health Director to sign off on applications for requested variances from the State Plumbing Code with required filing of plans and restriction with the Registry of Deeds; Ms Howell seconding; motion passed unanimously.
-Technology project—$ 500,000 grant to the Cape Cod Commission, regional permitting project.  Three towns selected for pilot program:  Nantucket, Chatham and either Dennis or Yarmouth.  Harwich would be in Phase 2. We are preparing budget, bringing in infrastructure. Planning Department working with Town Administrator for participation in Phase 2.  Cost for licensing is $ 20,000 to use program.  There are costs for scanning and to update copier.  Mobile device to do field inspections is in the future.
-Discussion-Sewer study subdivision—Peter de Bakker is floating the idea of design changes in subdivisions.  We knew we would have a to-do list from the Wastewater Quality
Planning Committee.  In his e-mail he is seeking to have dollars to plan for sewer line to not be town’s concern.  This will be in the distant future--after the wastewater study is made public.  We would have to discuss changes in subdivision rules and regulations in anticipation of required infrastructure.  In 5 to 15 years if in the areas involved.  This is a spark to initiate discussion.  It would need to be in by January for next year’s meeting.  He and I can work with Board of Health Rules and Regulations which would not be needed by January deadline.  Chairman Kocot:  areas disclosed to be in the sewering area would need this, but if area disclosed to not be in sewering area?  Health Director:  this needs a lot of discussion.  Have the discussion after the Needs Assessment is out to the public.  That will be the blueprint.  Neighborhoods on priority list for sewering would be first need.  Then have the discussion.  L. Ballantine:  We are alone in this.  Alone in towns on the Cape.  Maybe wisdom coming out of this.  Tough issue.  Time to start thinking about it.  Health Director:  prior Chairman came to the Board of Health to bring us up to speed.  He has been invited to speak to the Board.  The Board of Health expected to be asked to complete a to-do list.  Septic system management is part of the process.  L. Ballantine:  it is up in the air how we time this, how we go forward.  Once the CWP goes forward, how we use these resources.  Job security for some years for you guys.   
-Project updates—Monomoy High School—Request for opinion on Monomoy Regional School District plans.  They seek a site plan review.  Dr. Kocot and I met with the Construction Committee and Construction Review Board  and their Engineer.  The project must go the DEP.  Design flow changes for schools under Title 5 need to apply to DEP for variances; they under their jurisdiction for plan approval.  It is out of local review.  They will need an environmental impact report.  Current issues to the Planning Department.  The Board of Health is not involved.  
-Cranberry Valley Restaurant—Not addressed.
-Community Center Expansion—they want restrooms at the ball field; are considering use of basement space and a swimming pool.  What septic system requirements for each?  
1) Advised them that outside restroom facility is more convenient for people; it does not mean more people—thus not an enlargement of the use of the system.  This use is included in calculations for the septic system.  2) Basement use—the Health Director reviewed the design plans, original plans for functions.  There is sufficient capacity for some use up as well as downstairs—generic use.  Rather than look at each activity, look at the broad use of the whole building—the kitchen, the gym.  Not all of the use is at the same time.  There is sufficient capacity for use of the basement.  3) Pool –no calculations had been made for the addition of a wing for a pool.  That is a high intensity use—showers going into and out of the pool.  Not a normal use activity.  That is over the capacity of the septic system.  Sent a memo to the Town Administrator with answers to the three questions.  
-Nursing Grant—Deirdre Arvidson, Public Health County Nurse, had been here to speak to this Board.  Her plans call for a public health nursing corps to assist the town.  
The County and Deirdre are looking at grants.  It needs a full vetting and thought process.  Health Director is apprehensive as she quotes $ 35 versus $ 90 hour for VNA services.  Hesitant to have discussion.       The VNA has the full backing of the Cape Cod Health Care nurses—some 100 strong. Can cover infectious diseases contact, production organization, county housing.     County Health Department has one nurse who can’t do all required for 5 towns.    Question of certification?   Vision for the program?   On
staff or with physicians?  Need information on clinics, insurance, planning, Doctor’s orders, etc.  There are intricacies to consider.  Ongoing discussions:  supportive of county—but they can’t do it–1 nurse or cadre of per diem nurses—they need backing.  They need to put their name on the line.  References for trustee person. Health Agents are trying to put a lid on it before citizens want to cut the VNA contract.  Ms Howell:  tread lightly.  Get all the ducks in a row before cutting any contract.  Health Director:  health department expenses—cutting services.  We are under the umbrella of VNA contract—they are taking responsibility—the bottom line.
-Complaints –12 Allen Street—Hearing today at Orleans District Court.  Town Counsel in abeyance.  Tenant/landlord mediated dispute.  Tenant being financially settled by end of hearing.  Town Counsel:  exact date clean up underlyng issues. Documented issues.  Unit is uninhabitable.  Fire issue—lack of proper egress remains.  Proposals made, but no proof of any work done.  Tenant moved.  Mr. Shaughnessy and Ms Silva have issues remaining.  These will not go away.  There is a disclosed safety issue.  He applied for a building permit to take care of the wall, but has not corrected problem.  Not done the fix proposed.  Building Department views it as an illegal apartment; zoning issue.  Could do public posting that it is uninhabitable.  Ms Howell:  how do you follow through?  We will work with the Building Commissioner, post the property as unfit for human habitation until fire and safety issues resolved.  Building Department –they have a docket legally with the town.   Health Director requested she notify the Town Attorney when she is gone.  After notification, Town Counsel will work on it; she is going to the community center today.  Property damage—undisclosed settlement.  Public health does the follow up.  Health Director will post property.   Neighbors are aware—one testified at meeting.
-77 Route 28—written complaint for Claddagh Inn re:  loose chicken and goats. Referred to Agricultural Committee.  No animal regulations except for a stable.  The Agricultural Committee has had good success in past years; they mediate.  Good neighbor policy in  agreement.

              Vote to approve/deny/take under advisement.
- 1)DEP – Public Water Supply, Glacier Water vending unit installation at 18 Sisson Road
- 2)Submission deadline for the 2012 Annual Town Report is Friday, January 4, 2013
- 3)Public Notice of Non-Discrimination – American with Disabilities Act
- 4)DEP – Public Water Supply – Approval of Pilot Study Proposal, Well # 10

Health Director:  DEP on vending unit on Sisson Road—bring container and pay $ 1.00 to get supply of water.  It’s in supermarkets on the Cape.  In the town of Harwich for water. Tough on the DEP. All for entrepreneurialship—the vending machines are connected to the town water supply with a filter system.  Pay to dispense and bring water home.  Same retention and obligation behind Harwich water which is well regulated.  Not sterile dispensers. Containers not sterile.  It’s a shame the public feels they need to purchase this.
-Chairman, your annual report is due after the New Year.  We’ll be glad to help you.  January 4, 2013 is the date due.
VIII    PERMITS  Vote for annual permits as set forth in the attached document-- SUBMITTAL:  1211/12 Permit list  --Health Director:  this is the shortest list you will see. We sent all of the materials out for January renewals.  Recommend approval of this list.  Motion Dr. Insley moved to approve the list of December 11, 2012 as presented; Ms Watson seconding; motion passed unanimously.

IX      OTHER  -  Vote to approve/deny any consideration if needed.

L. Ballantine:  Medical marijuana law passed.   Mass. Municipal Association is looking to delay implementation to six months; it was to be in two months.  The Board of Health is the policy board for Harwich’s response.  Will you take it up and consider it on your agenda?  The Planning Board needs to consider if there are Zoning issues.  We need a town policy.  Ms Howell:  for disbursing?  Not near schools, nor medical center.  Have to have regulations on disbursing.  What’s a 60-day supply?  Health Director:  brought up at the last Health Officers of the Cape meeting—Board of Health will probably be in the center of this.  There are no regulations behind the referendum.  Very little information right now.  Chairman Kocot:  it is a complex problem.  It is considered a gateway drug.  Many convicted of this as a crime. L. Ballantine:  Hyannis might be a good distribution location.
- L. Ballantine:  public health and county wants to have some contribution.  They are looking for a reason for being; want to help us.  But not control and force it down. Agreement:  yes, help; not control.
-L. Ballantine: the Ethics Quiz online took about 45 minutes.  It is much improved.  
-Chairman Kocot:  Sandi and I are early birds—but find ourselves locked out.  The town phones don’t work.  Health Director:  we’ll get them open earlier.
-Health Director:  you have a laminated list of the 2013 Board of Health meetings.  Query:  is action needed?  Health Director:  no.  The rooms are reserved.   The dates are in accordance with the Conservation Commission to avoid conflicts throughout the year.
All meetings are on Tuesday in 2013.    
6:30 * p.m. start time June –Sept.; 6:00 p.m. all others.

Jan. 8                  April 9                  July 9 *                  Oct. 8

Feb. 12               May 14                        Aug. 13 *               Nov. 12

March 12           June 11 *                     Sept. 10 *                Dec. 10


Motion Dr. Insley moved to adjourn the meeting at 7:14 p.m.

Per the Attorney General’s office:  the Board of Health may hold an open session not reasonably anticipated by the Chairman 48 hours in advance of the meeting following “New Business.”

                                                        Respectfully submitted,

                                                        Sandra C. Howard

Next meeting is Tuesday,   Jan.  8, 2013  at    6:00 p.m.  in  small hearing room.

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