2/27/2013 BOARD OF HEALTH Minutes

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Kalliope Egloff continued discussion on The Fitness Company to the next Board of Health meeting. C. Upper Cape Helping Hands: Glen Harrington spoke to Lynda Carroll, and she started that they are no longer using the warehouse facility and are no longer operating in the Town of Ma tepee. IIIb. Harrington tried to contact Paul Cunningham, Executive Chef at Willowbend but was unable to get in touch with him. IIIb. Harrington i interested in the condition of the warehouse. D. 3 Uncle Henry's Road: Glen Harrington stated that as he was researching this property, he discovered new information. Mr. Harrington commented that this property, along with the adjoining property, was permitted at the sane time. The foundations and septics were installed at the same time, but the houses were constructed at different tunes. The foundations and septics were installed to keep the three-bedroom grandfathering. The denitrification systems were required to be installed because of public health reasons not nitrogen loading issues. Once the wells were tied into town water, there was no necessity for the denitrification systems. The horses were completed and occupied several years after the wells were tied into town water. If the Burd of Health had knowledge of the wells being tied into town water, the denitrification systems would not have been required. Calliope Egloff commented that the issues at 53 uncle Henry's load and 30 Nick Trail (formerly 55 Uncle Henry's Road) are very complicated or can be incredibly simple. Baud on the historical data and Glen Harringt n's recommendations., Ms. Egloff is inclined to keep it simple because the requirement was not actually needed. Glen Harrington commented that at the last meeting Burton Caplan made a motion to take no action, but with no second motion. Lucy Burton agreed with Ms. Egloff to keep the situation simple. Ids. Burton and Ms. Egloff discussed Mr. Harrington's recommendation of fining the homeowner for non-compliance of failing to install the denitrification systems. Financially, the fine is less of a burden than installing a denitrification system. Glen Harrington stated that the plan was approved in 1999. The approval is valid-for three years with a one-time one--}rear extension for both properties. The permit was issued October 28, 1999, and expired October 28, 2002, and with the one-year extension the expiration was October 28, 2003. The systems for both properties were completed by the end of the permit period with the extension. The septic installers received payment for installing thecomponents: the septic tank, the distribution box, and the leaching facility. The technologies were actually purchased by the owner, but were installed by the FAST companies. Since these are FAST systems, waste Water Treatment Services required that the owner purchase the system directly. Waste Water Treatment Services will not Issue a contract unless a system is purchased. A contract was submitted to the Board of Health for these properties, but waste water Treatment Services claims there is no record of this transaction. Ills. Egloff commented that the owner could have thought that the system was purchased and installed with a contract. Whatever decision is made by the Board, Ids. Egloff commented that this would set precedence. Mr. Harrington requested that the Burd of Health only make a motion for 53 Uncle Henry's Road since a formal notice was not made against 30 Nick Trail (formerly 55 uncle Henry's Fad , which may have a different owner. Lucy Burton made a motion for 53 Uncle Henry's Road that the Board of Health issue a one-time $500.00 fine due to the non-compliance of failing to install the denitrification unit. Also, the Board of Health will rescind the variances that were issued from October 2 , 1999. Ialliope Egloff seconded the motion. The motion was unanimously approved. 5