01/24/2019 BOARD OF HEALTH Minutes

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of the Certificate of Compliance, Mr. Harrington advised Mr. Ojala that, once the owner has met eight sampling events of the total nitrogen quarterly, than It can automatically go to the DEP protocol for remedial testing and, since it is ,not in Zone Ii, It does not have to meet any nitrogen loading requirements, Ms. Langler made one note of correction under the locus map notes on the plan, which Was to change Town of Dennis to Town of Mashpee. Chair Baumgaertel asked if this is a seasonal use property and Mr. Ojala answered that It is a year-round home, and that the new system would be a big Improvement over what Is existing. There being no further discussion or questions, Mallory Langler moved to approve the septic design plan for 105 Whippoorwill Circle with variances for a reduction in the setback of the soil absorption system to the saltmarsh from 50'to 28.3'and from the septic tank to saltmarsh from 25'to 12,1',as well as variances for reduction in the separation of the soil absorption system from bordering vegetative wetland from 100' to 50.2' and from the soil absorption system to the saltmarsh from 100' to 28.3' with the following conditions: 1) a denitrification Micro FAST 0,5 unit according to the DEP Remedial Approval letter, 2)the UV light Is tested quarterly for two years for total coliform with a standard of 200 colonies/ml,3)An O& M contract is required for the life of the system with a minimum one-year contract by a Class II WWTP operator. The contract shall include total nitrogen testing quarterly for two years,with all samples to be obtained from the pump chamber. The contract shall be submitted to the Board of Health prior to issuance of Certificate of Compliance, Motion seconded by Brian Baumgaertel, VOTE: Unanimous (2-0). Chair Baumgaertel requested that the motion be amended to include that the ultra-violet unit be Inspected annually. Mallory Langler moved to add the condition that annual inspections be performed on the ultra-violet unit. Motion seconded by Brian Baumgaertel. VOTE: Unanimous (2-0). OLD BUSINESS Request for Tobacco Sales Permit,9 Shellback Way,Colbea Enterprises.Mr, Harrington commented that a request for a 2018 Tobacco Sales Permit had been submitted to the Board of Health. He stated that the property has not been sold to the applicant, and they failed to supply evidence of intent to purchase,so the application was deemed Incomplete, and Is now subject to the new Tobacco Sales Regulation. The check was not cashed and will be returned to the applicant. There being no further discussion or questions, Mallory Langler moved to deny the Tobacco Permit Application for 9 Sheliback Way, Colbea Enterprises. Motion seconded by Brian Baumgaertel. VOTE: _ Unanimous(2-0). Mr. Harrington asked that the Motion be amended to include the reason for the denial. Mallory Langler moved to add that the application was being denied because it was Incomplete, and because the newly adopted regulation does not allow for the issuance of any additional tobacco sales permits In the town. Motion seconded by Brian Baumgaertel. VOTE: Unanimous(2-0). Discussion of Draft Rental Property Regulation. Mr. Harrington commented that the first public hearing was held on April 5, 2018 where homeowners, realtors, and property managers voiced their opinions. Since then, no new discussions or revisions have been made by the Board. It was learned that the State was in the process of promulgating laws for the licensing and taxation of short-term rentals. The bill, known as Bill 4841,was sent to the Governor for signature but the Governor sent It back to the legislature with comments. The Governor requested that rentals of 14 days or less per year be exempt from the bill, and that addresses be left out of the State Registry to protect privacy. 4