HARWICH BOARD OF HEALTH
TUESDAY, APRIL 10, 2007 AT 6:00 PM
SMALL HEARING ROOM – TOWN HALL
MINUTES
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: FRANK SAMPSON, MARTY MORAN, DAN CONTEAU, TED SISLEY, MS POUNDER.
I CALL TO ORDER
Chairman Kocot called the meeting to order at 6:00 p.m.
II MINUTES OF PREVIOUS MEETING—February 27, 2007 and March 20, 2007
Correction of the February 27 minutes is to strike “e” on word “one” on page 3 second sentence to read “on”. Motion Dr. Hurst moved to approve the minutes of February 27, 2007 as amended; Ms Watson seconding; motion passed. Insert “if” between information and Board in paragraph one, three lines from the bottom in the March 20 minutes. Motion Dr. Hurst moved to approve the amended minutes of March 20, 2007; Ms Watson seconding; motion passed.
III 6:00 – 6:30 p.m. BOARD OF HEALTH WORK SESSION
The animal census and inspection for 2007 by Jack Burns was presented and reviewed.
IV 6:30 p.m. OLD/UNFINISHED BUSINESS
A – Extension request – Hudson, 52 Ridgeport Drive—Health Director: a procedural matter—their permit expires on May 14, 2007; they are requesting an extension. Not unreasonable to provide a one-month extension. There had been no sunset clause on permits or variances issued and people came in years later to enact their permits and the laws and regulations had changed in the interim. Thus the limit of time imposed. Motion Dr. Hurst moved to extend the permit for 52 Ridgeport Drive to July 1, 2007; Ms Watson seconding; motion passed unanimously.
B – Reap, 41 Julien Road—Health Director: you had granted them a permit which involved variances; it expired; we asked for an investigation. Learned it is a real estate transfer, but it has not been sold yet. They had an inspection which it failed due to lack of separation from groundwater. They did not renew their permit. Recommend reinstatement of the septic permit 06-54 for one more year or until installation within 45 days of a property transfer, whichever occurs first. The sense of the Board was they wanted to postpone action until they learned information regarding summer occupancy.
V NEW BUSINESS
A—Discussion – Preliminary subdivision, Gear Realty Trust, off Bay Road—Health Director: Eldredge Surveying is handling this subdivision and we have tried to contact them on two occasions. It is a subdivision of greater than 5 lots, possibly with flow greater than 2,000 gal./day which requires an environmental review and reports to be filed. We faxed the agenda to all engineers as a reminder and e-mail was also faxed. We have received no response. They had filed both with the Board of Health and the Planning Department. Recommend you proceed and take action. It is a preliminary stage. The East Harwich Community Association wrote to the Planning Board with a cc to
the Board of Health. The project is in the AC/EC, the Massachusetts Natural History Environmental Species Reserve wetland; the runoff goes into the Muddy Creek watershed; it is in Zone II and in the Harwich Water protected area. There is a question on whether there is sufficient land to allow installation of septic systems without the need for any variances. Standard information is not sufficient for this project, they must provide more answers. Their application is deemed incomplete. Motion Dr. Hurst moved to deny the preliminary subdivision pending receipt of more information; Dr. Insley seconding; motion passed unanimously. Mr. Sampson queried on whether the 45-day rule applied here. Health Director believes it would apply to the definitive phase, but will not let the time run on this matter; noted the filing in inappropriate.
B – Hearing – Compliance with Regulation 1.211 – flows > 2,000 gpd, Seascapes Condominium, 231 Route 28, plan prepared by Moran Engineering—Marty Moran, Dan Croteau: in the water recharge area, proposed is a Presby environmental system for the 52 bedroom presently on site. There are two systems; this is a real estate transfer and requires raising the leaching filed of both. We used 7 years of Water Department flow measures to calculate 17 ml/liter and 13. ml/liter based on the Cape Cod Commission method. Using their map of watershed areas, water flows into Nantucket Sound from the property as it is at the top of a ridge in the watershed. The two leaching
areas with the Presby system will handle 3,080 gal./day and 2,640 gal./day. A pump chamber is needed to raise to the leaching area. The Presby system has been installed in New Hampshire for 14 years; it was approved by Massachusetts DEP 1 ½ years ago. It involves a 12” corrugated pipe which has two layers of fabric around it and holes throughout the pipe. The pipe must be installed on a concrete sand bed, required is 6” of it on top, bottom and both sides as it wicks the water away. You need a bill of lading for the concrete sand to be able to install the system. Ted Sisley, environmental representative of Presby: this is a cut-away view of the pipe, which allows venting. The result is extra suspended solids and COD removal is better than traditional systems. The aerobic action is increased; there is 5-inch percolation rate. They must put the pipe 5’6” from groundwater. No pressure dosing is allowed with a Presby system. A controlled supply of air is
required. The system has fewer mechanical parts to fail, so is more efficient. It is a quick biomat enhanced treatment system. The corrugated pipe is plastic; water comes out of all ports, more evenly, and provides a place for bacteria to grow. Testing data is available. In New Hampshire, the DEP must approve all plans for installation; 95% of systems installed there are Presby systems. Presby systems have been approved and installed since the 60’s. With the biomat outside of the pipe, the system is cleaner than other systems. Systems are now installed in VT, ME and Canada. Based on pipe production, over 95,000 systems have been installed. The failure rate has been less than 100; all failures are dug up to see why they failed; in all cases, proper installation was not followed. The system is better than any passive system; no mechanical system is better than this system. Mr. Moran: this will not flood an area, it goes slowly. It is like a 2-stage system. Mr. Sisley: there is a
serial effect, moving along the pipe over time. Mr. Sampson: don’t you require certification of the engineer and the installer before they can put in a Presby system? Mr. Sisley: we held a seminar in Hyannis 3 weeks ago; attendees received a certificate; two others were held last year. There will be a company representative overseeing this project; a MA installer can come down. Health Director requested a list of attendees of the seminar. Mr. Sisley: we are testing another system not yet approved in Massachusetts which is a denitrification system. Health Director: does this Board agree the presentation meets compliance with Regulation 1.211? Do they require any additional treatment? The property is not in a nitrogen sensitive area; they are utilizing best available technology; no variances are required for their proposed system. They are in the Nantucket Sound area; no primary receptor area is affected. Recommend they are compliant with the Regulation and further treatment
will not be required. Motion Dr. Hurst moved that 231 Rt. 28 proposed plan is compliant with Regulation 1.211 and no additional treatment will be required; Ms Watson seconding; motion passed unanimously. Health Director: installation plans get reviewed at the staff level as they come in. Mr. Sisley: New Hampshire engineers will review their plans; there are check lists they must comply with; we’ll do the review with you. Ms Pounder, resident: the south one will be done first; the north one second. Immediately ready for the installation to begin. Certified contractor is in place; Mark of your office has the details.
VI REPORT OF THE HEALTH DIRECTOR
--Reports – food service facilities—Pat and the Health Director have prepared food service facilities’ materials for dissemination to all facilities. When problems are spotted letters are sent outlining the problems that Pat has spotted. She is doing lengthy inspections; more staffing has allowed the department to return to compliance guidelines for each facility.—Jake Rooney’s: has an action plan which
they have signed off on. They are undergoing monthly inspection and checklists.
--Sushi—Additional testing and action plans are needed as there are a very high degree of contaminants present in this type of food service
--Noble House—there has been a changeover here and they are currently undergoing a process of standardization.
--Stop & Shop –the sushi sales are sublet in their stores and they have had a changeover recently as well and are undergoing the standardization process as well.
--400 Club—this business will come before you eventually as there will be no sign off by the Building Department until the septic system has been signed off on. A cease and desist order issued as they had only an express permit and, instead, totally gutted the place. The order has been partially lifted. Originally this was to have been their opening date. They have no engineered building plans; there is concern that their septic system is not in compliance. They have not taken any permits out for that; their opening date is far out. There cannot be a signoff until they have complied with all regulations. We have sent 2 or 3 extensive letters with no reply received as yet. They
don’t understand why the septic system is involved. They exceed 2,000 gallons/day; they need an engineer to design a replacement septic system for part of the building. We do not know the status of the current system. We have received a number of calls. They have problems and miss the magnitude of our concern. The Planning Board is in the same situation. Observable is an awning is set up, then plastic sides, then there is a structure up from the ground, then roofing, then heat and plumbing without permitting or through normal Planning Board channels. They need to get approvals and permits for the renovations they did in the 90’s. Mr. Sampson: they are in the Allen’s Harbor area—we did sampling just in their area. Nothing conclusive; we looked at their plans, but it has not been resolved.
--Tobacco sales compliance— Satisfactory responses of Harwich Gas Rt. 124 and West Harwich Sunoco have been received after letters sent out regarding violations during the tobacco sting program. The steps they have taken should help to ensure compliance.
--FY07 Beach sampling program—Towns can limit required testing on beaches that have had no obvious pollution, have not septic system runoff and after completing a full sanitation review. In a 3/27/07 letter of Susan Conlon, funding has been approved to help cover the costs of the sanitary review. The testing program had originally been an unfunded mandate whose costs towns had to absorb. Later, the Department of Public Health funded an intern program and reimbursed the county lab to defray testing.expenses. The interns have been available to all towns and they could service both public and private beaches. We have beaches that have had 4 or 5 years of unblemished testing.
Beaches with more than 2 years of unblemished testing can now be reduced to once monthly testing, rather than the excessive weekly testing. Also can consider connected beaches, as have had to test each beach at the end of every road, even those connected. Interns can now assist with the sanitary surveys; reducing the number of beaches tested will reduce costs. Surveys consist of environmental information, septic information and density information. The downside is that the state wants to stop some of the funding for the beach testing. Some towns want the weekly testing as residents call asking for recent reports. Irina is the intern who will do the reports of select beaches for reduced testing.
--Harwich Schools—treatment facility-new operating permit requires state recertification. Other town entities have inquired about tying into that system: police, fire and the old recreation building which will become affordable housing have all asked about the possibilities. The school’s water use is about ½ of what had been estimated. The state issues the groundwater discharge permit and is the regulatory body who must answer those requests. There is a question of cost savings after the cost of piping, digging and resurfacing the road after such work.
-Regu1ation 1.211 overhaul—segmentation as an issue that Regulation 1.211 might address is best left to Zoning and Planning Boards, according to Town Counsel, Mary Georgio. She stated it is a good idea, but a difficult one for the Board of Health to encompass within their regulation in her e-mail received late today. Currently, the Regulation has a very low threshold of a 5-lot subdivision. The Cape Cod Commission does address segmentation in its regulations. What is needed is a revamping of the questions asked during the application process to the Planning Board. Frank Sampson asked how one could cover segmentation in Harwich.
-Bell’s Neck Road—that court suit has been dismissed as this Board had denied one project; the Board then approved a modified submission, thus resolving the issue.
-Feuerbach letter to Town Counsel—April 10, 2007 letter from Attorney Feuerbach criticized the Board of Health in not following the open meeting law. The Health Director sought Town Counsel’s advice in the matter as to whether the charge was accurate or not; advised no need to respond to the letter. It is perfectly legal to reopen a topic in a public meeting; there was no legal hearing in the matter; the Health Director must discuss matters with the Board in the open meeting format. His accusations had no merit; the Board is on solid ground. If Attorney Feuerbach were to formally charge open meeting law violations there would have to be multiple attendees who would have
to sign a statement asking for an investigation of any such violations.
VII CORRESPONDENCE
-Mass. Dept. of Environmental Affairs re Rapp, Hillside Drive
-Mass. Dept. of Public Health re Medicare roster billing information
-Mass. dept. of Public Health re Rabies information and reminders
-Boston.com/news re food inspection by state health department
-Southeast Regional Homeland Security Advisory Council, Newsletter
VIII BILLS- None
IX PERMITS
Two new applicants on the permit list: Casa di Babbo Grille and Harwich Food Mart, which was sold; Zayed Rashid purchased it and has a Sandwich facility as well. The two new ones are subject to final inspection. The Food Mart has a different interpretation of repairing holes in floors and walls. Recommend approval subject to the limitations. Motion Dr. Insley moved to approve the permit list of April 19, 2007 with the two new businesses subject to passing final inspection; Ms Watson seconding; motion passed unanimously.
X OTHER
All meetings hereafter scheduled for the summer season will start at 7 p.m.
XI ADJOURN
Dr. Insley moved to adjourn at 7:14 p.m.
Respectfully submitted,
Sandra C. Howard
Next meeting is Tuesday, May 1 at <<< 7:00 p.m.>>> in the lower hearing room.
Note later start time.
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