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HARWICH BOARD OF HEALTH
TUESDAY, JAN. 8, 2008 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: ATTORNEY WILLIAM CROWELL, CAROL HAYES, TERRY WARNER, EMILY BEEBE, KRISTINE LARSEN, BLAISE FORTUNATA, ATTORNEY JAMES STINSON, BARBARA DOWD, MICHAEL DOWD, MARTY MORAN.
I CALL TO ORDER
Chairman Dr. Stanley Kocot called the meeting to order at 6:10 p.m.
II MINUTES OF PREVIOUS MEETING—December 4, 2007
Motion Ms Watson moved to approve the minutes of December 4, 2007 as presented; Ms Howell seconding; motion passed.
III 6:00 – 6:30 p.m. BOARD OF HEALTH WORK SESSION
A – 6 p.m. Public Hearing –to consider site assignment for a memorial garden for the burial of cremains, Pilgrim Congregational Church, 533 Route 28, Harwich Port – Public Hearing conducted in accordance with M.G.L. Chapter 114 § 34—Chairman Kocot called the hearing open. Health Director Paula Champagne: In accordance with M.G.L. 114 § 34, the Harwich Board of Health published notice of the hearing on January 8, 2008 for selection of a public cremains site or memorial burial garden at 533 Rte. 28, Harwich Port, to be held at 732 Main Street in Harwich Town Hall 02631, with copies available at Town Hall in the 2 weeks prior to the hearing in the Cape Cod Chronicle on 12/27/07 and on 1/3/08. The hearing was suspended until later in the meeting. 6:30 p.m. Hearing reopened—Attorney William Crowell for Pilgrim Congregational Church: the site intended for burial use we estimate to be 27’ by 43’; there will be no scattering of ashes; there will be containers buried below ground. Carol
Hayes, Board of Trustees, and Terry Warner, surveyor, are present. The Church voted at their Annual Meeting to set up a memorial garden. Harwich must approve as a town; the DEP does not have jurisdiction if there are no wetlands involved and over 500’ from a water source; the surveyor certified to both on the plans. Health Director: after several meetings, there is no environmental impact expected as not a traditional burial; hydrogeological impact need not be researched and there are no wetlands. There needs to be an article submitted to Town Meeting for approval by the town and they must record the plans at the Registry of Deeds so it will remain a memorial garden in perpetuity, protected from future disturbance. Recommend approval of the plan dated 12/14/07 by Terry A. Warner for Pilgrim Congregational Church with package submitted 12/26/07. Motion Dr. Insley moved to accept the proposed plan of 12/14/07 for a memorial garden for burial of cremains at 533 Rt. 28 with the
order plans must be registered marginally referenced at the Registry of Deeds; Ms Watson seconding; motion passed unanimously. Motion Dr. Insley moved to close the hearing; Ms Watson seconding; motion passed. The hearing was closed at 6:40 p.m.
B – Special Town Meeting: February 11, 2008—Health Director: if the site assignment is approved tonight, they would need approval from a Town Meeting according to town counsel. The Selectmen opened and closed the agenda for the Special Town Meeting, February 11, 2008, and to assist the church getting the program started quickly and with the approval of the Town Administrator, the permit to construct a memorial garden was added to the agenda of the Special Town Meeting. This action needs ratification by this Board. Motion Ms Watson moved to ratify adding construction permit for a memorial garden at 533 Rte. 28 Harwich Port for Pilgrim Congregational Church to the Special
Town Meeting of February 11, 2008, pending approval at a public hearing today; Dr. Insley seconding; motion passed unanimously.
IV 6:30 p.m. OLD/UNFINISHED BUSINESS
A – Hearing –Postponed from 12/18/07, to show cause why an order to return to compliance (i.e. expansion of menu beyond permit approval) should be modified or withdrawn for Harwich Central Care, 98 Parallel Street, Kristine Larsen and Blaise Fortunata—Emily Beebe: representing owners, Kristine Larsen and Blaise Fortunata on modifications to their menu at the Harwich Central Café. Opened as a coffee shop; they seek retail sale of food products. There are two buildings connected by a walkway. One building is the main residence. The crux of the issue is the septic system. Mixed residential and retail calculations with current use numbers are presented. Water use
records since June are presented. Letters of support here; not in the original packet. They seek to be able to serve lunch and a restaurant, but the food is limited to that which they receive and sell; no food preparation is done on site. Breakfast sandwich: heat and toast components and serve. Soup, brought in, heated and served. No washing required. There is no external grease trap. There is one inside the building which receives all kitchen flow; it takes the oils out; milk fat is most of the grease removed. They follow a tight protocol of maintenance of the inline grease trap; maintained weekly, then every 2 or 3 weeks. They annually maintain the septic system as needed. Effluent filter in the outlet T of the septic system. Marty Moran: the shop is a plus for Harwich Center. Query: what permit for a store such as Dunkin’ Donuts? Health Director: food serve and they have grease traps. Historically, we approved 3 bedrooms and 1,420 square feet of area for the business after
removing one bedroom last summer as a trade-off to find the gallonage to allow the business to open. This Greek Revival structure is huge; it appears now to have several bedrooms; the crux is the number of gallons that flows to the septic system. This is not a retail business; it is not a restaurant—quasi-retail. The compromise was cede bedroom for a coffee shop with paper service and limited menu. These plans show 6 bedrooms and retail. There appears to be a falsehood from the 2005 submittals. Motion Dr. Insley moved to postpone to the 2/19/08 Board of Health meeting; Ms Watson seconding; motion passed.
V NEW BUSINESS
A – Hearing – to reconsider order of conditions issued 12/6/1993 for Brown, 8 Atlantic Avenue re no increase of square footage to the dwelling, prepared by James b. Stinson, Esquire—Attorney James B. Stinson: a small lot; the 1993 approval had 6 or 7 variances to comply with Title 5 for the 2 bedroom dwelling. Their proposal is to keep two bedrooms, but increase the size of one and add an 18’ by 11’ room on the second floor which would not extend beyond the existing footprint. At 1,600 square feet, this is the smallest lot I have ever dealt with. The new stairwell would come out of an existing bedroom, and there would be a 4’ by 8’ closet
added as well. They must seek relief from the Board of Appeals as well. The setback is less than 6’ from each side of the dwelling; the main dwelling is 30’ x 17’. Query: is this a seasonal dwelling? No, year-round. Barbara Dowd: neighbor to the rear: there is a large oak tree behind his house; we are not sure where the property line is; he will have difficulty doing addition as branch of that tree is there. Who owns the tree? We maintain and remove all branches over our property. Query: do you want the tree? We don’t care. The house is the property, with a small patio on a side. Michael Dowd: there is a major branch of the oak tree to his house, it would be touching it. We do not want them driving in our property for fear of damaging our septic system. Attorney Stinson: you can’t go on abutter’s property. The septic tank is where the second story is going. They will need to have materials offloaded. If the request is to remove the tree, we can do
that. Health Director: this is in keeping with the intent of the original order of conditions; they were not environmental variances, all were setbacks; there is no ground water issue. Any increase in floor space or occupancy number would require a review by this Board. This is no increase in occupancy nor flow; it is within the parameters this Board has established. There is no increase of variances with this plan. They will be raising the roof; the zoning and height restriction requires Zoning Board of Appeals approval. Recommend approval to allow alterations as in keeping with the 1993 conditions placed on flow; this would be a two bedroom dwelling with 4 person occupancy limit. Motion Ms Watson moved to approve the reconsideration of the orders of condition for 8 Atlantic Avenue maintaining the limit to a two bedroom dwelling with a 4 person occupancy limit; Dr. Insley seconding; motion passed with 2 votes for and 1 against.
B – Hearing – to consider variance request to install a sewage disposal system in accordance with Title 5 and Harwich Board of Health regulation for Jeff Windle, 45 Snow Inn Road, prepared by Moran Engineering (1) to allow the installation of a tight tank for boat house sanitary waste due to extreme site environmental sensitivity and no feasible alternatives—Marty Moran: the property is 550’ south of Rte. 28; the proposal is for a 250 gallon tight tank. There will be a retaining wall waterproofed on the west side; the tank seams will be sealed and wrapped; all is in compliance with 310 CMR 15.260. The cesspool is active. The water line is Wychmere Harbor. We
have Conservation Commission approval. Health Director: the cesspool is believed clean as it flushes with the tide twice a day. The updating is long overdue; there is a tight tank in a property north of this one. The land has been grandfathered; it is an existing system; no discharge at all is the best alternative for this site. Query: will this tank float during a hurricane? No; it is 12” retaining wall and the tide shouldn’t come up that high; it is 11’ above the elevation. Mr. Moran: the tank will be pumped every season; there is an alarm system if it fills to 3/5 full. The pipe from the back of the house is 10’ above high water level and this is a large tank. Health Director: recommend approval; no feasible alternative exists. It is subject to DEP tight tank approval. We need a copy of the contract with a licensed pumper on file at time of certification. Motion Ms Watson moved to approve the installation of a tight tank at 45 Snow Inn Road with the order
of conditions that a pumping contract be on file and subject to DEP approval; Ms Howell seconding; motion passed unanimously.
VI REPORT OF THE HEALTH DIRECTOR
-Status reports: Annual Report—All Departments’ 2007 reports were due this week; the Health Department’s statistics included income of $ 136, 465.00, an impressive 10.4% increase, which is from an increase in permits etc. as building and thus septic system work has declined, as shown by the Building Department’s income. There were 32 new business permits in 2007. Technical level work highlighted in the report, utilization of the senior health inspector. The reconstituted Weights & Measures display is in the case in the lobby; amnesty allowed many components returned to bring the set back to completion. It is an interpretative exhibit in a 1907 case.
Scanning is a new form of weights and measures. The Water Quality Task Force added new duties to the department, requiring technical staff time to prepare and research background materials for the long range wastewater plan. The new Employee Education & Health Wellness Program, long-needed, allows the Health Department to assist and encourage people to change to healthier behavior. There should be expected lower health care costs as a result of this program. Copy of the report sent to Liaison Dave Marsland.
-FY09 budget—Administration presented the 2009 budget to the Selectmen on January 7, 2008: there is a need to reduce the budget by $ 775,000 to bring it into balance; it was 1 ½ million in the red. The overage was split between town departments and the schools. The Health Department is looking at a $ 14,000 cut--$ 9,000 in salary and wages, $ 2,000 in vaccine purchases, $ 1,200 out of a $ 1,500 mileage budget and $ 2,000 from contract inspectors, proposed. The Department will look at placing priorities, find where cuts are best made. The position added when the override was approved becomes part of the budget, so amounts have increased, but they were not sustainable.
Building Department has a $ 15,000 reduction; Town Clerk’s office and Police Department each lose a full time employee.
-Lydia Bangs—they looked at other options to come into compliance with regulations and they found a new designer, where the relationship with the prior had been acrimonious, who would regrade the topography and pull it back to allow the system to be at the right depth. Having to pull out the system might have cracked the components. Mr. Miranda will do the work; Board of Health’s Mark Polselli approved the plan; a Certificate of Compliance issued. There will be a meeting with Mr. Miranda: his was a huge breech of protocol; he was in trouble and should have stopped. Installation requires cooperation of 3 entities—designer, installer and Health Department. He has had
an equally bad situation; this will be a final warning. He must stop work if not in compliance. He has accepted responsibility for the entire debacle. This will be a final warning; it will remain permanently in his file.
-FY09 goals—Not discussed.
--recording of variances—Attorney Crowell informed me the order of conditions were not found at the Registry of Deeds; all the variances are filed under the Town of Harwich and not visible when calling up the property under the person’s name. We need to specify margin referencing to Book and Page of owner’s deed. We must inform the Registry of Deeds of the Book and Page in order for search to turn up order of condition with specific property. Query: does the Barnstable system do this? That is for I/A systems only. All applicants received at the Town of Harwich will be done in this manner hereafter.
-Winter 2008 meetings—January 29, 2008 6 p.m. in Donn B. Griffin Room, Harwich Town Hall; February 19, March 11 and April 8, 2008 6 p.m in Room 3, Harwich Community Center, Oak St., April 29, 2008 6 p.m. in small hearing room, Harwich Town Hall.
VII CORRESPONDENCE--none
VIII BILLS--none
IX PERMITS
Health Director: recommend approval of this 4-page list of permits of January 8, 2008 (112 permits). Motion Dr. Insley moved to approve the permit list of 1/8/08 as submitted; Ms Watson seconding; motion passed.
X OTHER
Query when the amalgam issue will be discussed? March will be the time to study it.
Chairman Kocot complimented Board member Ms Howell on voting responsibly after a site visit to 8 Atlantic Avenue.
XI ADJOURN
Dr. Insley moved to adjourn the meeting at 7:38 p.m.
Respectfully submitted,
Sandra C. Howard
Next meeting is Tuesday, January 29, 2008 at <<< 6:00 p.m.>>> in the Donn B. Griffin Room, Town Hall.
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