7/6/2017 BOARD OF HEALTH Minutes

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v 7:25 FTI —variance Request— BOH Regulations—11A Mo Requirements — 119 Hinigret Avenue. The applicant, Marianne Allen, has requested a variance from the Board of Health regulation that requires the quarterly monitoring of the Innovative Alternative septic system on the property located at 119 Ninigret Avenue. This isa Sludgeharr mer unit with an ultraviolet disinfection unit which is to be sampled quarterly for two years. The system was installed on the property in October, 2011. Contracts were maintained with Winston Steadman, but no information was entered into the Barnstable Counter database. The owner is requesting that the quarterly total nitrogen and ultraviolet testing of total coliform be waived or eliminated. Michael Bisienere, Cape Septic Inspections on old Barnstable Road, Mashpee, introduced himself to the Board. Mr. Bisienere assumed the account on June 4, 2016. Curing his first visit he noticed the liquid was above the inlet tee. The installer, Joey DeBarros, repaired the pipe. Mr. Bisienere has taken 3 samples, and the system is noir functioning properly. The sampling events have become a financial burden to the homeowner. Mr. Bisienere is willing to keep the filters clean and field test it four times a year to keep the cost down and then record the results into the Barnstable County database. Mr. Baumgaer-tel commented that he is satisfied the testing was performed and the results were favorable. He is quite comfortable with reducing the monitoring. Laurel Almquist made a motion that the Hoard of Health reduce the inspection frequency from four times a year to two times a year per the Department of Environmental Protection remedial use to entirely eliminate the lab sampling and also field testing trice per year. Brian Baumgaertel s'econded the motion. The motion was unanimously approved. 7:30 PIS — Herring for occupant List violation— 300 Nathan Ellis Highway. Glen Harrington stated that the June 15, 2017, meeting was continued because there was no quorum. The - June 017, meeting was continued due to scheduling conflicts. On April 7, 017, Attorney Wall forwarded a letter responding to the violation letter of February 23, 2017. Mr. Harrington}s response is that Lakeside Estates recent action to provide the list in a timely fashion does not absolve them from past violations, Lakeside Estates was cited for failure to provide the list of occupants, not for failure to pair the use taxes. The regulation is simple in that it requires submittal of the list. In Mr. Harrington's opinion, there is no excuse not to submit the occupant list with each payment, Attorney Brian Nall, representing MEZ Realty Lakeside Estates, introduced himself to the Board. Attorney wall contends that the process cannot proceed until there are three appointed members as a quorum. Also, Attorney Udall feels that the process should start at the beginning since there is a new Board. Brian Baumgaertel stated that with respect to a quorum two members of a three member body are a quorum. At this point the argument is mute. Since this has been on-going for a long time, IIIb. Baumgaertel wishes to move forward. Attorney Wall would like it stated for the record that this is a neer hearing. Although the new member has read everything, she was not physically present and heard what was said and not said. Basically} whatever decision is made on this should be based upon what is discussed tonight, not on past proceedings. Mr. Harrington commented that there actually have been no discussions except for the challenges on the Board's authority by the representative. Ids. Almquist remarked that she has reviewed the information and is comfortable with continuing the discussion. 3