board of health 2008

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BOARD OF HEALTH MEETING MINUTES

Tuesday, January 8, 2008 at 3:00 PM Town Hall, Hearing Room

367 Main Street, Hyannis, MA A regularly scheduled and duly posted meeting of the Barnstable Board of Health was held on January 8, 2008. The meeting was called to order at 3:00 pm by Chairman Wayne Miller, M.D. Also attending were Board Members Paul Canniff, D.M.D. and Junichi Sawayanagi. Thomas McKean, Director of Public Health was also present. I. Proposed Revisions to Solid Waste Regulation:

Glen Santos, Supervisor, Solid Waste Division.

Glen Santos reviewed the proposed regulation. Glen also updated the Board on the proposed recycling of horse manure. He is in discussion with the State Dept. of Environmental Protection. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve the revision of the regulations for multiple (more than two) stickers per household. (Unanimously voted in favor.)

II. Hearing (Cont.):

Deborah Packard, owner – 226 Long Beach Road, Centerville, MA – housing violation(s).

Deborah Packard presented data she received from the Conservation Department which showed five bedrooms. Deborah mentioned that just for a drawing, an engineer has quoted the work at $7,500. Mr. McKean noted the document has three different handwritings on it, indicating all the information is not from the installer. The Health Division’s documentation shows a three-bedroom plan was submitted and installed. The Board identified the owner’s options: they could either eliminate two of the existing bedrooms (or widen the doors) or they could enlarge their septic system, both the septic tank and the leach field. This house is in a sensitive area. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to grant a Continuance until April 2008 to allow time for them to make a decision on which direction they will take. (Unanimously voted in favor.)

Town of Barnstable Board of Health

200 Main Street, Hyannis MA 02601 Office: 508-862-4644 Wayne Miller, M.D. FAX: 508-790-6304 Paul Canniff, D.M.D. Junichi Sawayanagi

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III. Show-Cause Hearing: John Lebica, Cape Cod Community College, grease traps.

John Lebica was present and discussed that his predecessor was granted a variance to install four grease traps and the grease traps were never installed. He was unaware of this until the Health Inspector brought it to his attention recently. He is interested in installing these grease traps; however, he requested consideration for a revision in the variance granted. One of the four sinks is a single-compartment sink and is used for the washing of vegetables only, and installation of a grease recovery device is difficult in this location. John would like approval to not have one at this sink. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to amend the former variance to read: the triple-bay sink, the dishwasher, and the double-compartment sink will be attached to grease recovery devise(s) to be completed within three months. (Unanimously voted in favor.)

IV. Continued Items from Previous Meeting Septic Variances:

A. Peter McEntee, P.E., representing Thomas Capizzi, Jr., Trustee, Centerville, LLC, 1084 Craigville Beach Rd, Centerville, 5,080 square feet parcel, repair of septic system, eight variances requested (postponed from Jul & Sep 2007).

Peter McEntee presented his data and explained it is a hydraulic failure with damp soil above the septic area. This house is used year-round. The abutters were initially notified and again, the next door neighbor was notified before this meeting. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve with the following condition: (1) a two-bedroom Deed Restriction will be recorded at the Registry of Deeds, (2) a copy of the recorded Deed Restriction shall be submitted to the Health Division, (3) the installation shall be in accordance with the revised engineering plan dated January 3, 2008, and (4) a monitoring plan must be submitted. (Unanimously voted in favor.)

CONTINUE TO B. David Coughanowr representing William Gordon – 62 Point FEB 2008 BOH of Pines Avenue, Centerville, 9,930 square feet lot, MEETING requesting two variances for repair septic system.

Continued to Feb. 2008 BOH meeting because the Board has not received revised plans.

V. Septic Variances (New):

A. David Dadmun representing Karen and William Butler, owners - 465 Craigville Beach Rd, Hyannis, 15,000 square feet parcel, house addition, request for one variance.

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David Dadmun presented data. Mr. McKean stated the plan does not have a reserve area with the addition. Mr. Dadmun brought a revised plan which included a reserve area and uses a liner. There exists a discrepancy in the plans. It appears there is a discrepancy between what was supposed to be installed originally in 1990, and what actually was installed. The Board requested (1) a State inspection of the existing system, The engineer had recommended to Mr. Dadmun to use a different area to fit the system without a variance. The Board is interested in viewing a plan that is fully compliant. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve a Continuance to February 19, 2008, Board of Health Meeting to allow time for a revised plan. (Unanimously voted in favor).

B. Peter McEntee, P.E., Engineering Works, representing Timothy

Fulham and Lisa Olney, owner – 63 Blue Heron Drive, Osterville, 1.61 acre parcel, two variances requested for repair of septic system.

Peter McEntee presented his data. The leaching system is in hydraulic failure. They are interested in using the existing tank. The plan requests two variances: one for four feet of cover, in lieu of three feet, and a setback variance for the SAS from a coastal bank. There are four bedrooms (including the den). It was built in 1965. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve the two variances with no restrictions and shall be installed in accordance to the engineered plans dated December 21, 2007. (Unanimously voted in favor.)

C. Arthur Pacheco representing Janet Police, owner – 120 Third Avenue, Hyannis, 0.09 acre parcel, addition of a sunroom and a bulkhead to access basement, two variance requested.

Arthur Pacheco and Janet Police were present and discussed their plan. The house is a small three bedroom home. The deck will be converted to a sunroom which will not have heat, and the bulkhead will allow access into the basement. They are using two lots, so it is actually 0.188 acre parcel. Mr. McKean noted they are creating their own hardship by putting on the addition. There is not a full basement. There is only a dug-out area for the furnace. The Board needs the exact distances delineated: the distance from edge of the foundation to the tank, and the distance from the foundation to the leach field.

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Mr. Pacheco stated the distance is 18 feet from the leaching system to the foundation before the bulkhead is added. The Board also requests a floor plan. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to Continue until February 19, 2008, meeting to allow the applicant to present the following: 1) need exact distance from bulkhead to the tank, 2) the distance from the bulkhead to the leaching field, 3) floor plans (to view whether there are any other alternatives). (Unanimously voted in favor.)

D. Peter McEntee, P.E., Engineering Works, representing Michael Ashley, owner – 1063 Main Street, Osterville, 9,026 square feet parcel, three variances for repair of septic system.

Peter McEntee presented his plan. Currently, the property has two cesspools and they require frequent pumping. Mr. McEntee has not inspected it for hydraulic failure – this is a voluntary upgrade to eliminate the frequent pumping. There are five bedrooms. The plan is to put one five-bedroom system in. Mr. McEntee stated there is a correction on the plan; they do not require a variance to ground water. They have plenty of room. There are three separate living units at the location and they will be using a two-compartment septic tank. A variance is needed to place 5 feet of soil over the SAS, and two coastal setback variances are needed for the SAS and the septic tank. Mr. McKean stated it was a failed system and the plan meets the feasible criteria. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to approve the plan with the following condition: 1) a five-bedroom deed restriction is to be recorded at the Registry of Deeds, 2) a copy of the deed restriction shall be submitted to the Health Division, and 3) shall be installed according to the revised engineering plan dated December 21, 2007. (Unanimously voted in favor.)

E. Dan Ojala, P.E., Down Cape Engineering, representing George and Alice Fardy, Trustees for Ocean View Motel – 966 Craigville Beach Road, Centerville, 0.13 acre lot, four variances requested, repair of septic system.

Dan Ojala presented the plan for a FAST system and noted some revisions. The motel is a nine-room motel. The revisions included: taking out the D-box and putting in a pressure-dosing system, the groundwater is four feet which is why they are pressure-dosing, and it is calculated at 682 gallons projected per day, there is a variance from street to system, there is a crawl space/slab which the space is tight on, but they do not feel they need a liner. Their plan includes the monitoring for the first two years. The Board needs time for review of the revised plan and needs a monitoring plan. The Board also needs to know the type of failure so they may apply the correct requirement of time for completion. Dan expressed his client is interested in completing by spring. Dan submitted a page noting the monitoring plan.

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Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to approve a Continuance to February 19, 2008, Board of Health meeting. (Unanimously voted in favor.)

F. Stephen Wilson, Baxter Nye Engineering, representing Melvin Field, owner – 49 Main Street, Osterville, 1.1 acre parcel, two variances requested for a septic repair.

Stephen Wilson presented the plan for the four bedroom house (two up and two down). The system is not in hydraulic failure. The property is about to be sold and if the system is not put in before hand, it will be escrowed and put in after. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to approve with the following condition: 1) a four-bedroom deed restriction will be recorded at the Registry of Deeds, 2) a copy of the deed restriction will be submitted to the Health Division, and 3) installation shall be in compliance with the engineered plan dated December 7, 2007 and signed December 13, 2007. (Unanimously voted in favor.)

G. Stuart Bornstein, Stuborn Limited Partnership, owner – 276 Falmouth Road, Hyannis, 1.8 acre parcel, map and parcel 293-031, request exemption from connecting to town sewer.

Dan Ojala, Down Cape Engineering, was present with Stuart Bornstein. Dan gave a handout showing how a fresh water pond in the vicinity may actually clean the water of 75-80% of the nitrates. When they first installed their current system, the town was not ready for a hookup to sewer. The town gave a temporary variance in 1990 to install their current system but did deny a grease trap. There would be a large expense to hookup to the sewer. The staff is recommending hook up to sewer as this was only intended to be a temporary solution. Dale Saad, Town of Barnstable –Dept of Engineering, spoke of the current wastewater facility’s capacity has expanded and would want this connected. She also noted that research shows some ponds are actually nitrate-sensitive and it is unknown where the pond at this property is nitrate-sensitive or not. Therefore, she recommends hooking up to sewer as required by state. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted on the request for an exemption from a connection to town sewer. (The Board voted unanimously opposing the vote.) The Board will allow a one-year period to have the property connected to town sewer as it will require connecting across Route 28. VI. Six or More Bedrooms: Darren Meyer representing Jamison DaSilva, owner – 47 Suffolk Avenue, Hyannis, 11,000 square feet parcel.

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Some questions need to be addressed including a plan for how the property will accommodate the parking for all the proposed units.** Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted a Continuance to February 19, 2008, Board of Health Meeting. (Unanimously voted in favor.) VII. Nitrogen Aggregation Plan:

Matthew Eddy, Baxter Nye Engineering & Surveying, representing James Murphy, owner – 34 Ost-W. Barnstable Road, Map and Parcel 120-046-001, Osterville, obtaining “credit land” at 1322 Main Street, Map and Parcel 2119-079, Osterville.

Eliza and Matt Eddy, Baxter Nye Engineering, presented their plan. The building will be used by two dentists. Mr. Eddy discussed his proposal with Brian Dudley, MA DEP as well. The amount of “credit land” they require for their location is 2,700 square feet. They have arranged for a 3,000 square feet easement of the parcel at 1322 Main Street, Osterville. They are scheduled to go to the Site Plan Review Board but are looking for our comments before going further in the costs and time. Mr. McKean noted the use of the Fitness Center land, 1322 Main Street, is not a good choice. The land was already determined to be limited and the Board had restricted the Fitness Center from having showers as the land could not support it. The land falls into the 330 Rule. Therefore, the Board discussed that they do not believe the I/A system can prompt the use to be boosted up to 550 gallons per day. The Town does not allow variances to the 330 Rule and if it did, they would anticipate it would be a 25% increase not a 33% increase. The Board also mentioned that they would want him to use the minimum possible gallons for each use (which is higher), not their calculations of use. Matthew Eddy stated the current land also has a three-bedroom system on it. He had reviewed the presentation with Brian Dudley who acknowledged the proposal was feasible. Mr. McKean noted that 1.3 acres would be expected if a variance was permitted. Both parties agreed to do further research. The Board will check with the Town Attorney on the ability to issue a variance. Mr. Eddy mentioned that currently there is a use of 545 gallons per day from the three bedroom system now in place. Prior to this, the Board mentioned there is now a 330 restriction for this area and it can not be increased. Mr. Eddy is wondering whether the Board would grandfather the 545 gallon use above (and raises it to the 550 needed if no variance allowed). This would be an additional legal question they may research. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted on a Continuance until the February 19, 2008, Board of Health meeting. (Unanimously voted in favor.)

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VIII. Food Establishment Variance Requests: Aaron Webb, owner of The Daily Paper, requesting a variance to toilet facilities, Code 322. Aaron Webb presented his data. They had done a major renovation at the time they opened in Dec 2006 after their renovations. They were never aware that two additional bathrooms were required. He stated they were very diligent in meeting with the Health Division at the time of the purchase and they were never informed that the bathrooms were not up to code. They had the Health Inspector walk through the site with them to make sure all their renovations met the requirements of the Board. They do not own the building. They do not have the capacity to put the funds in to add toilet facilities. Mr. McKean mentioned there is a note in the file dated 6/01/82 stating to the Selectmen that the Health Division requires a total of four bathrooms. Once there is more than 50 seats, four bathrooms, allowing two for patrons and two for employees, are required. There have not been any complaints issued on this from patrons. Mr. and Mrs. Webb noted that there has never been a line for the restrooms. They are in their second year of a five-year lease. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to issue a variance from the toilet facilities requirement until one of the following three have occurred: 1) upon a renewal of the lease, 2) upon a change of lessee, or 3) upon major renovations. The applicant will submit documentation to Mr. McKean showing the current lease dates (expiring approximately 2010). (Unanimously voted in favor.) IX. Subdivision # 817 - Definitive Plan (Cont.): CONTINUE TO Cape & Islands Engineering representing Peter Jenkins, Jr., FEB 19, 2008 Definitive Plan at 361 Parker Road, West Barnstable, Map and BOH Meeting Parcel 176-021, on public water, on-site sewerage disposal system, continued from Oct 2007 meeting. X. Request to Reduce Monitoring of I/A System:

Joseph Sullivan, owner – 130 Short Beach Road, Centerville, eight test results.

Mr. Sullivan was not present. Test results submitted were good. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to reduce the monitoring plan to once a year with reporting to the Public Health Division. (Unanimously voted in favor.) XI. Old Business/New Business:

A. Ed Pesce, Pesce Engineering, and John Kenney, Attorney, representing 381 Old Falmouth Road, Marstons Mills –septic system discussion regarding failure (continued from BOH January and June 2007 Meeting).

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Ed Pesce discussed his calculations and how he came up with them. Glen Allen of American Tent, a current owner, was also present. Mr. Pesce has calculated less than 3,400 gallons use per day after researching with each tenant. Mr. Pesce will come back to the Board on February 19, 2008, with additional requested information. Two septic systems will be replaced before the next 12 months. The system which the American Tent is on will get prices for a GRD or a grease trap, and they will revise the use upwards. They are interested in replacing this system relatively quickly – in the next 12 months. Mr. Pesce will fine tune the calculations and will keep a goal of approximately 2,500 gallons per day with a maximum of 3,400 gallons per day.

B. Proposal to regulate high liquid levels in leaching pits.

Not discussed due to time constraint. XII. Updates:

A. Cynthia Cole- continued discussion of touchless faucets. Cynthia Cole wrote a proposal to the Health summarizing the meeting to date. They are proposing, as a compromise, to install touchless faucets by 2008 in their kitchens, including the option of knee operated faucets. Cynthia Cole will continue to do revisions and will return to the Board on February 19, 2008. Board voted to adjourn at 7:00pm.

B. Thomas McKean will work on a revision to Chapter 385-4 for February 19, 2008 meeting – changing the current regulations of submitting plans two days prior to the Board meeting to …10 days prior to the Board meetings unless approved by the Board of Health and the staff allowing proper time to mail to the Board members and review.

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BOARD OF HEALTH MEETING MINUTES Tuesday, March 11, 2008 at 3:00 PM

Town Hall, Hearing Room 367 Main Street, Hyannis, MA

A regularly scheduled and duly posted meeting of the Barnstable Board of Health was held on March 11, 2008. The meeting was called to order at 3:00 pm by Chairman Wayne Miller, M.D. Also attending were Board Members Paul Canniff, D.M.D. and Junichi Sawayanagi. Thomas McKean, Director of Public Health and Sharon Crocker, Division Assistant, were also present. OLD BUSINESS/NEW BUSINESS:

A. Joseph Dunn, Island Merchant regarding grease recovery device and testing.

Test done showed that the removal of grease is being done successfully. The results show 126 per meter. The Board brought up the desire to have the log maintained. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to change the grease trap variance condition. The new condition does not require any additional testing. The new conditions are (1) to maintain a daily log which lists the amount of grease removed from the grease recovery devise, and (2) the daily log will be kept easily accessible for the health inspectors to view. (Unanimously voted in favor.) I. Show- Cause Hearing – Housing (New):

Marilyn Higgins and Cindy Gold at 92 County Seat, Hyannis – Housing violations.

Ms. Higgins was not able to be present. It was reported by the Health Division that the property’s trash has been cleaned. The remaining antiques are being handled.

Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to dismiss the violation. (Unanimously voted in favor.)

II. Hearing – Housing

James Madru, Manager, Breakwater Condominiums, dumpster setback to property line.



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James Madru, Manager, explained that the dumpsters are not used much during the off-season and thus, are only dumped monthly (or as needed). A neighbor spoke against the dumpster often being open and that it is not large enough during the summer. Mr. McKean stated the property has three different locations to relocate the dumpster within 10 feet of the property line, however, it would require fencing all the way around. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to grant a six-month temporary allowance to have the dumpster 5 feet from the property line until the September 9, 2008 meeting, during which time they will consider new locations if necessary, and they will keep the dumpster properly emptied, and the area clean. (Unanimously voted in favor.) III. Discussion:

Stephen Wilson, Baxter Nye Engineering, representing Hyannisport Club – 2 Irving Avenue, 156 Acre parcel, pertaining to building closest to Merchant’s Mill Way, just west of Hall’s Creek.

Stephen Wilson presented his report. The total approved flow for the entire 156 acre parcel was 7,900 gallons. Five years ago, a pressure dose system was installed. With the proposed plan, it is estimated to bring the flow up to 8,500 gallons (spread over 156 acres would mean only 54 gallons per acre.) The Board said they would not have a problem with the proposed plan. The Title V would require a two-compartment tank and the Health Division would need floor plans. IV. Septic Variances:

A. Whitney Wright, owner – 4308 Main Street, Barnstable, 145,800 square feet parcel, one variance (postponed from Feb 2008 meeting).

Mr. Wright was not present. The Board needs corrected plans and variance request revising the map and parcel number, along with specifying the desired variance. They would appreciate the owner to be present at the April 8, 2008 meeting. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to Continue until the April 8, 2008 meeting. (Unanimously voted in favor.) V. Six or More Bedrooms (Cont.):

Darren Meyer representing Jamison DaSilva, owner – 47 Suffolk Avenue, Hyannis, 11,000 square feet parcel (continued from Jan 2008 BOH).

Mr. DaSilva was present. He had hoped his engineer would be present.

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The Board expressed that he has not met the requirements for 6 bedrooms. The obstacles he must overcome for approval would be: removing the two illegal bedrooms. They do not have proper egress. They must comply with the occupancy ordinance regarding the size of the parking (so it is not too wide). If they want a kitchen in the downstairs, Title V requires him to put in a two-compartment septic tank. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted on approval of the six bedroom application. (The vote was unanimously Denied). VI. Correspondence: Letter from William and Myrna Elkins regarding 47 Suffolk Avenue, Hyannis. Letter read opposing the application of 47 Suffolk Avenue, Hyannis. VII. Six or More Bedrooms (New):

A. Glen Harrington representing Paul Dauphinee, owner – 80 Evans Street, Osterville, 12,800 square feet parcel.

Glen Harrington and Paul Dauphinee were present. The Assessor’s list it as 4 bedrooms, and the septic plans in the file show it had been six bedrooms (4 plus two studies). The septic would be installed before the sale of the property. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve the six bedroom plan. (Unanimously voted in favor.)

B. Sullivan Engineering representing John and Ann Marie Cotton, owners

– 161 Marquand Drive, Marstons Mills, 5.08 acre parcel. Proposed seven bedrooms.

Peter Sullivan presented the plan. The staff did not have any problems with the plan. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to approve the seven bedroom plan. (Unanimously voted in favor.) VIII. Variance – Food (New):

John Kenney, Attorney, representing David Lancaster, owner of Nirvana Coffee Company, proposing to operate from 3206 Main Street, Barnstable, requesting one toilet facility variance and one grease trap variance.

CORRECTION to Agenda: Mr. Field and Ms. Bearse are the property owners. The owner of Nirvana Coffee is David Lancaster.

John Kenney and David Lancaster were present. The business is not a food preparation business. It is a food retail business. In order to install a grease trap

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outside, it would be required to be 50 feet out behind the property, however, that would be too close to the marsh land. The property has been on town sewer since approximately 1990. Mr. McKean said the present owner of the property itself must have the original grease trap removed. Two votes were taken: 1) Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to approve the variance of the grease trap with the following conditions: 1) it is approved with the menu filed, 2) they will use a grease recovery devise, and 3) they will maintain a daily log listing the amount of grease removed, and the daily logs will be easily accessible for the health inspectors. (Unanimously voted in favor.) The second issued discussed is the toilet facility issue. The total cost of an additional bathroom is $7,000 and is a difficult amount for a start up cost. There would be 8 seats (and 3 employees) not intended for eating but for drinking. The Board was concerned it would set a precedent that other food establishments would want to waiver the toilet facility requirement of two. The regulation has been on the books for over 20 years. Lynn Mederios owns the Barnstable General Store and spoke on the issue of the toilet facilities. The reason their store does not serve food is because the Board of Health has held her to the requirement of putting in a fourth bathroom which is not feasible to her (this is for 50 seats or more). She asked that the Board consider upholding the regulations to their competitors. 2) Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted on approval of the toilet facility variance. (The vote was unanimously DENIED). IX. Subdivision # 817 - Definitive Plan:

Cape & Islands Engineering representing Peter Jenkins, Jr., Definitive Plan at 361 Parker Road, West Barnstable, Map and Parcel 176-021, private wells, on-site sewerage disposal system, continued from Oct 2007 meeting (Postponed from Jan 2008 BOH).

John Slavinskv, Cape & Islands Engineering presented a summary of the plan’s development through to the present. On January 9 meeting with Steve Seymour and Joanne, they were asked to do many revisions. The plan lists the five well locations, each being 150 feet radius. They tried to maintain the rural-ness of the location. The Board had a question on Lot#1. This lot is over 400 feet away and is at a higher elevation through the lot.

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Arlene Wilson, A.M. Wilson Associates, spoke of her concerns including missing notations to indicate most recently revised plans. She questioned the water quality of the well water on the lot with wetlands on and near it. For Lot # 5, the entire road drainage is in the setback radius for that well. The southern lot is at a high elevation. The elevation given is 52 feet and it gets flooded every winter. The Bog across Parker Road is within 200 feet and will affect this property and it is not listed on the plan. The well on Lot# 1 doesn’t conform because the cart paths should be considered as a right-of-way. The well, also, is not 50 feet from utilities right-of-way. There was talk of a Fire Suppression System being installed and the reason was because of the lack of access to the furthest lot. This would put a larger strain on the well system and may pull in undesirable water from wetlands. Ms. Wilson recommended adding a test for herbicides and pesticides to the well water testing requirements. Ms. Wilson said the houses are three-bedroom houses and the 1650 rule would come into play. She believes the community septic system would be desirable. Dr. Miller commented that this property would be a good one to invoke the 1650 Rule and require a community septic system.

James Jenkins, a neighbor, spoke and explained he hired Arlene Wilson because of his concerns on the lots. He believes there are a lot more wetlands than are listed especially on Lot# 2. The Board of Health stated their role is not to approve or disapprove the plan. Their role is to make recommendations to the Planning Board. A well expert spoke for Cape & Islands Engineering. He stated the wetlands on plan are accurate and that Lot 4 has vegetation consistent with dry areas. Therefore, even though it is low elevation, it is not a wetland.

THE BOH will recommend to the Planning Board that the BOH wants to

invoke the 1650 Rule and use a shared system unless they reduce the flow. THE BOH will also state that if the total flow for the Subdivision is greater than 1650, a new plan showing a revised plan identifying where a shared system will be located.

THE BOH would add to the requirements of the well testing to include herbicide and pesticide. There are cranberry bog(s) nearby and seasonally the testing may differ.

Floor plans must be submitted to the Board of Health.

THE BOH would also note to the Planning Board that the Fire Department

wrote a letter stating their concern with the accessibility for Lot# 1.

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THE BOH will acknowledge the revised plan is the one where the five wells are shown with circles identifying the radius. The plan the Board reviewed is identified as “Revd Jan 14, 2008 40 Ft Wide Road and Dated Dec 6, 2007”.

X. Correspondence: Letter from A.M. Wilson Assoc. regarding proposed Subdivision# 817 XI. Old Business/New Business/Correspondence:

A. Joseph Dunn, Island Merchant regarding grease recovery device and testing.

The Board approved the continued use of the grease recovery device with the requirement that a log be kept with the dates and quantity of grease removed and the log will be kept in an easily accessible place for the health inspectors to view, similar to dishwashing logs.

B. Ed Pesce, Pesce Engineering, and John Kenney, Attorney,

representing 381 Old Falmouth Road, Marstons Mills –septic system discussion regarding failure (continued from BOH Jan. and June 2007, and Jan 2008).

Ed Pesce explained his plan is based on the calculations of January 6, 2008 letter and wherever there were 0 - 3 employees, it was assumed to have 3 employees in the space. Wherever there are less than 55.8 gallons, it is assumed to use a minimum of 55.8 gallons. There is an error on unit#1 and did not use the 70 gallons (thus, he is off by a couple of gallons). He will put a flow meter on the American Tent (Unit F) on Jun, Jul and Aug so they can see if they are correct in the estimate. Units B & E septic systems are to be repaired for now and they can hold off on the American Tent section until either: (1) it fails, or (2) it is reviewed after the summer flow meter readings. Per Ed, Units B & E showed evidence that it did not appear in failure. However, the inspection showed an old stain line on the top of the riser. The Board discussed the time frame and agreed on a deadline of January 1, 2009 to have Units B & E repaired. Unit F is not in failure. However, with the deadline of Jan 1, 2009, the owner may decide to do all three in September. Mr. Pesce will have a hydraulic inspection of the leaching system done in Mid- to- End July 2008. He will come to the September 9, 2008 meeting with the results. A Decision was decided by the Board on this property with the following conditions: 1) They will not invoke the 1650 rule - if the Unit F proves to be ok. 2) The design flow in the plan is dated 2/09/08.

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3) He will replace two systems Unit B & E by 1/1/09. 4) Further discussion will be done at the Sep 2009 Board of Health meeting. 5) The Board will waive the need for a percolation test before the permit is issued

because there are already percolation tests done on the lot. The percolation is to be witnessed at the time of the inspection.

6) Mr. Pesce amended Units 1 & 14 to 2,988 gallons per day.

On Next Month’s Agenda - 226 Long Beach Road, Centerville, a follow-up on the Jan 2008 BOH meeting. Action: Mr. McKean will email the BOH members of the availability of the Hearing Room in Mid-April for the estuary project and revise draft.

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BOARD OF HEALTH MEETING MINUTES Tuesday, April 8, 2008 at 3:00 PM


A regularly scheduled and duly posted meeting of the Barnstable Board of Health was held on April 8, 2008. The meeting was called to order at 3:00 pm by Chairman Wayne Miller, M.D. Also attending were Board Members Paul Canniff, D.M.D. and Junichi Sawayanagi. Thomas McKean, Director of Public Health and Sharon Crocker, Division Assistant, were also present.

I. Hearing- Tobacco: Tobacco violations as reported by Bob Collette of Barnstable County Tobacco Control. A. Hearing:

1. CVS # 2322, 176 North Street, Hyannis – First Offense, tobacco products sold to a minor.

Jennifer Drowski, General Manager and Store Manager Christine were present and acknowledged they were interested to have the hearing proceeding today without the presence of Mr. Collette. They stated that the employee was fired and they reviewed the requirements with employees and had them sign the regulation sheet again. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to issue a warning as the First Offense. (Unanimously voted in favor.)

2. Christy’s #610, 317 Falmouth Road, Hyannis – First Offense (in six

years), tobacco products sold to a minor.

Jennifer Daritol, Manager of Operations, was present and acknowledged she was interested to have the hearing proceeding today without the presence of Mr. Collette. She noted the employee was suspended for a week without pay and reviewed the requirements with all employees again. They noted they have sold 24,000 cigarettes without a violation. Upon a motion duly made by Junichi Sawayanagi, seconded by Dr. Canniff, the Board voted to issue a warning as the First Offense. (Unanimously voted in favor.)




3. Sav-On, 590 Iyannough Rd (Rte 132), Hyannis – First Offense, tobacco products sold to a minor and smoking inside building.

Jay Imad was present and acknowledged he was interested to have the hearing proceeding today without the presence of Mr. Collette. Upon a motion duly made by Junichi Sawayanagi, seconded by Dr. Canniff, the Board voted to issue a warning as the First Offense. (Unanimously voted in favor.)

Requested 4. Big Daddy’s Pizza (formerly Cotuit Pantry), 4120 Falmouth Postpone to May 13 Road, Hyannis – Second Offense, tobacco products sold to a minor.

5. Hess Express, 149 North Street, Hyannis – Second Offense,

tobacco products sold to a minor.

Mr. Pat Dudley was present and acknowledged he was interested to have the hearing proceeding today without the presence of Mr. Collette. His company policy required termination of the employee and she was terminated. Mr. Dudley spoke of their new incentive program. Employees are given the opportunity to answer the tobacco regulation questions daily and the first to answer correctly receives $20 which goes into a pool to be rewarded to the employee that has the most correct answers per month. *The Board also mentioned in general that businesses might consider not terminating people on their first error. They might have good success by adjusting the policy to possibly suspend an employee for a week without pay as seen above (Christy’s), or something in that fashion. This would allow a business to keep a good employee and the employee would be careful to avoid the consequences again. Upon a motion duly made by Dr. Canniff, seconded by Junichi Sawayanagi, the Board voted to issue a $100 Fine as the Second Offense. (Unanimously voted in favor.) II. Hearing – Housing (Cont.):

Can not Attend Deborah Packard, owner – 226 Long Beach Road, Centerville, MA – Sent Status. housing violation(s).

S. Crocker, Division Assistant, stated Deborah Packard stated she would not be able to attend (she is out of town). Ms. Packard faxed a statement saying that two bedrooms have been eliminated and the work is complete.

Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to Continue to the May Board of Health Meeting and have an inspection by the Health Division to verify the work is complete. (Unanimously voted in favor.) III. Septic Variances:

Postponed until A. Whitney Wright, owner – 4308 Main Street, Barnstable, 145,800


May 13 MTG square feet parcel, one variance (postponed from Feb 2008 meeting). B. Lisa Lyons representing James and Valerie Lane, owners – 86

Summerbell Avenue, Centerville, 0.11 acre parcel, 4 variances for septic repair.

Lisa Lyons and James Lane were present. They presented their data. The original system was a 2 bedroom. Then in 1991, a septic permit 91-446 was issued for a remodel of dormers, etc. the permit was to add three infiltrators to the cesspool. The Board states that the system was never built for four bedrooms as three Infiltrators would work for four bedrooms. At this time, the system is in failure and the number of bedrooms is four. The owner is firm on his belief that he had done everything appropriate to have the four bedrooms years ago, and they are not interested in eliminating a bedroom. If they can get an I/A system (which allows for a reduction in SAS field), then they may be able to have enough space to improve the situation. Bob Silva spoke for his technology, White Night Treatment System (which will be presented later in the meeting). His technology allows for a 50% reduction for SAS. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to 1) allow Thomas McKean to allow a septic permit to proceed with a plan that allows only setback variances without a reduction in SAS size, or 2) that allows the currently proposed reduction in size SAS system, or an I/A system with setback variances, or to put in a standard system for three bedrooms and adjust the fourth bedroom to eliminate it as a bedroom. (Unanimously voted in favor.)

C. Peter McEntee, Engineering Works, representing Harold Gramse, Trustee – 98 Vanduzer Road, Barnstable, 22,280 square feet parcel, seven variances due to site constraints.

Peter McEntee presented his plan which included a sieve analysis. They had dug down 36 feet and put in pipes to judge the elevations. The elevation maximum level was at 12.03 feet. The cellar floor is at 14.25 feet. There is only a couple feet difference. Currently the ground water is above the invert to the tank, however, it still flushes out the septic. He is interested in digging down to 12 feet and have four feet to Infiltrators. Peter McEntee said he has shown the plan to Brian Dudley, DEP, who also recommended some items, ie, pressure dosing. This is a failed system. There are six bedrooms. He interprets Title V to read that the two-compartment tank required with two kitchens applies only when there are 1) multi-users and 2) when more than 1000 gallons of water is used daily. His plan does not contain two-compartment, however, he did choose the tank size with this in mind and met the requirements of the top tank (1,500 gallon pump


chamber) to handle 48 hrs of use (660 gal x 2 days= 1300), along with the second tank (1,000 gallon storage) to handle 24 hr (660 gallons) Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to Continue to the May 13, 2008 Board of Heatlh meeting to allow time for the Board to discuss the plan with Brian Dudley, DEP. (Unanimously voted in favor.)

D. Peter McEntee, Engineering Works, representing Ernest and Dianna

Bovi, owners – 14 Briarcliff Lane, Centerville, 11,000 square feet parcel, M/P 208-105, I/A system with five variances due to site constraints.

Peter McEntee presented his plan and reviewed the sieve analysis on this high elevation. He had revised plans with minor variations. There is now a retaining wall where the shed is and the shed will be moved to another location. He proposes a timber wall around the outside of the mound. Susan Simon spoke for her aunt, an abutter. Ms. Simon spoke of concern of whether heavy equipment will drive over her septic as the lots are small. Mr. McEntee said the dog’s chain link fence will be removed and they will access through there. Ms. Simon explained the only concern her aunt will have is the looks of the mound and appreciates vegetation being placed above the timber wall. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve the revised plan dated 4/08/08 with four variances: 1) variance for sieve analysis in lieu of percolation test, 2) a reduction to the requirement of a 12” separation between inlet and outlet pipes servicing the septic tank/pump chamber and high groundwater, and 3) a setback variance from the 100 feet to 66 feet from SAS to wetlands, and 4) a setback variance from 100 feet to 84 feet from septic tank to wetlands, with the following conditions: 1) a two-bedroom deed restriction will be recorded at the Registry of Deeds, 2) a proper copy will be submitted to the Health Division, and 3) vegetation will be planted along the top of the timber wall to high the mound which will be planted every three feet or according to the nursery instructions. (Unanimously voted in favor.)

E. David Coughanowr, R.S., representing Elisabeth Margaret Ricci,

owners – 8-10 Sunset Avenue, Centerville, 5,800 square feet parcel, four variances requested.

David Coughanowr and Mr. Ricci presented the plans. David used a more restrictive determination of the groundwater. Mr. McKean would recommend a monitoring of the groundwater or the use of high tide as the tool for groundwater. This would reduce the size of the retaining was of 4.35 feet. A two-compartment tank will be needed.


Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve the plan pending the final Growth Management Determination based on a test well for the height of the foundation and wall., 2) a revised plan be submitted to show a two-compartment tank. (Unanimously voted in favor.)

F. Patrick Page, Trustee - 21 Buttonwood Lane, West Barnstable, 41,300 square feet parcel, Map/Parcel 217-031, variance for percolation test.

Patrick Page presented his plan. Dave Linsell spoke to the Board. He has been a state inspector and witnessed over 200 percolation tests. Dr. Miller said he will go to the DEP and review the case for Mr. Page and see what the DEP’s opinion is before Mr. Page spends any more money. Mr. Munsell is someone Mr. Page would accept being involved with the processs. IV. Variance – Food (New):

Withdrew A. Elizabeth Wurfbain representing Hyannis Farmers Market – change in Request location to Village Green next to the School Building, same schedule

as prior years: weekly on Wednesdays in summer. B. John Cotellessa, owner, Original Gourmet Brunch at 517 Main Street,

Hyannis, requesting grease trap variance and expansion in seating from 70 to 94. Also,a variance request from toilet facilities from 4 to 3 toilets.

John Cotellessa presented the issue that the restaurant does not have any additional space which would be needed to put a grease recovery device as a supplement to the 1,000 gallon grease trap outside. Normally, it would be required for the additional seating. Mr. Cotellessa is proposing that the Board grant the variance with the condition that the restaurant pump the outside grease trap more often to meet its needs. Mr. McKean read the regulations which states that prior approval by the DEP is required in this situation, whenever the person is not capable of expanding the grease trap. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted on the toilet facility variance. (Unanimously voted in favor.) The Board will continue the variance for a grease trap to allow the owner to speak with DEP.

C. Peter Sullivan, Sullivan Engineering, representing Hyannis Harbor

Tours (HyLine Cruises), 230 Ocean Street, Hyannis, requesting toilet facility variance.


Peter Sullivan and Hy-Line owner presented the plan. A discussion took place regarding an additional double-compartment sink needed. This will be dealt with at a later time once the owner is able to review. On the first floor is the kitchen preparation and the employees will be required to go upstairs. They will be using touchless faucets. One unisex toilet will be used upstairs. All the toilets are handicap and an outside 1,000 gallon grease trap is in place. The second floor outside dining area must be separated by a partition and screening / air curtain from the raw bar food preparation area to prevent the entrance of insects and rodents from entering into the parent establishment. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve the plans with three toilet facilities with the condition that the raw bar and outside dining area must be separated by proper screening to prevent entrance of insects and rodents. (Unanimously voted in favor.)

D. Hal Choubah, Choubah Engineering Group, representing Khalil Naoum of West Main Gas, 577 West Main Street, Hyannis, requesting toilet facility variance and grease trap variance.

Hal Choubah represented the variance request. A 50 pound grease trap was installed. The food is all pre-packed except for the hot dogs (approximately 200 sold per year.) The main business is not the food. The store is 1,170 square feet. The regulation states that a business with less than 1,200 square feet

E. Nancy Magnuson representing Paul Mazzeo of Kandy Korner Gifts, 474 Main Street, Hyannis, map and parcel 308-078, requests a grease trap variance.

No grease trap or GRD required. Only an interceptor. V. Disposal Works Installer Applicants:

A. James Zarella, Marshfield, MA

Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve James Zarella as a Disposal Works Installer. (Unanimously voted in favor.)

B. Christian D. Turner, Sagamore Beach, MA

Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve Christin Turner as a Disposal Works Installer. (Unanimously voted in favor.)

Meeting Room change:


6:45pm The Board of Health announced that the Hearing Room is not available to continue the meeting. There were no objections to continue the meeting in the Selectmen’s Room without the taping of the meeting. The clerk will record the minutes.

VI. Subdivision # 817 - Definitive Plan:

Michael Dunning, Attorney representing Peter Jenkins, Jr., Definitive Plan at 361 Parker Road, West Barnstable, Map and Parcel 176-021, private wells, on-site sewerage disposal system, requesting a variance from the Board of Health’s Decision of March 11, 2008 to individual I/A systems on each lot.

Michael Dunning said he seeks reconsideration from 1650 Ruling and prefers individual I/A systems instead of a Shared I/A System for the development. Lot 5 has an existing house which will be required to change the septic to an I/A system only once the system has failed or if the owner wants to increase the flow. Mr. Dunning stated there are only four empty lots to be developed and they are not expected to be developed simultaneously, along with the fact that the number of bedrooms may vary. Mr. Dunning proposed the developer will put wording in the deeds and in the government of the group of properties and in the plan that each property desiring more than two bedrooms will require an I/A system. A quitclaim deed will be recorded with each lot to reflect this. Arlene Wilson spoke of her concern and asks that the Board of Health also require the system(s) be fully compliant to Title V and fully compliant to all town regulations as well to ensure it would require more setback to the wetlands. Ms. Wilson stated the Planning Board has not been given any percolation information and the plan designer has been asking for all waivers from everything pertaining to the percolations. The engineer spoke and said the above statements are not correct. All percolation information has been given and all waivers have been dropped. The question arose “How is the owner of the cranberry bog allowed to flood the bogs and impact Lot 1”? The Board explained there are long-existing agricultural farm rights that are granted more rights than ordinary land holders. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to make the following recommendation to the Planning Board with the following conditions:

• Prior to obtaining a disposal works construction permit, the applicant shall obtain a well construction permit for each lot. Each well shall be sampled and analyzed for pH, coli form bacteria, nitrate-nitrogen, VOC’s, and all the other parameters required per Board of Health standards.

• Each septic system shall be designed and constructed in compliance with Title 5,

the State Environmental Code, and all local Health Regulations.


• Innovative-alternative (I/A) nitrogen reduction technology, such as sand filter

systems, shall be incorporated into the design and construction of the septic systems on Lots 1, 2, 3, and 4. However, I/A technology will not be required on any specified lot(s) which will contain two (2) bedrooms or less.

• Wastewater effluent testing shall be conducted at each I/A testing port in

accordance with the established standards of the Board of Health.

• The existing septic system located on Lot #5 may be used and maintained as it currently exists. However, when/if this system fails and/or when/if an increase in flow is proposed at this particular lot, innovative/alternative (I/A) nitrogen reduction technology shall be incorporated into the design and construction of the new or upgraded septic system on this Lot.

• A quitclaim deed shall be recorded for each lot individually identifying the fact

that innovative/alternative technology was incorporated into the septic system construction, requiring proper operation and additional maintenance and testing.

• Each lawn area created must be covered by at least four (4) inches of loam. • All tree stumps, brush and building debris removed when clearing lots or roads

must be disposed of at a licensed solid waste disposal facility. Chipping brush and tree stumps is an acceptable alternative. Burial on site is prohibited.

• The Board of Health recommends that all drainage be contained onsite at each lot. • The applicant must receive an Order of Conditions from the Conservation

Commission, where applicable. (Unanimously, voted in favor.) The Board voted unanimously to adjourn. Adjourned at 7:30pm.

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Tuesday, May 13, 2008 at 3:00 PM Town Hall, Hearing Room

367 Main Street, Hyannis, MA

A regularly scheduled and duly posted meeting of the Barnstable Board of Health was held on May 13, 2008. The meeting was called to order at 3:00 pm by Chairman Wayne Miller, M.D. Also attending were Board Members Paul Canniff, D.M.D. and Junichi Sawayanagi. Thomas McKean, Director of Public Health and Sharon Crocker, Division Assistant, were also present. I. Tobacco Hearing: Hearing- Tobacco:

Tobacco violations as reported by Bob Collette of Barnstable County Tobacco Control. A. Big Daddy’s Pizza (formerly Cotuit Pantry), 4120 Falmouth Road,

Hyannis – Second Offense, tobacco products sold to a minor.

This is the second consecutive meeting the owner has not been able to show up for. The Board will consider suspension of license if called before the Board and not attending.

Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to issue a $100 fine for the second offense.

II. Hearing – Housing (Cont.): Deborah Packard, owner – 226 Long Beach Road, Centerville, MA – housing violation(s). CONTINUED to June 10, 2008 meeting. The Health Inspector is scheduled

to inspect the premises for the removal of two bedrooms on May 31, 2008. Provided everything is in order, the issue will be closed. However, if any

unresolved issues, the owner MUST attend the next meeting.

III. Septic Variances (Cont): A. Patrick Page, Trustee - 21 Buttonwood Lane, West Barnstable, 41,300

square feet parcel, Map/Parcel 217-031, variance for percolation test. Mr. Patrick Page was present. There was much discussion. Mr. Page withdrew his request for a variance for the percolation test. and Mr. Page asked the following letter be read into the minutes:

May 5, 2008



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Mr. Patrick Paige 1780 Main Street West Barnstable, Massachusetts 02668 Re: 21 Buttonwood Lane West Barnstable, MA Dear Mr. Paige: This letter will confirm the results of a discussion that was held on May 2 between Brian Dudley of DEP, myself, Dr. Miller and Tom Geiler. You submitted an application on March 24 asking for a variance from 310 CMR 15.104 to substitute a sieve analysis for percolation tests in the C4 layer of test pit # 6 on your property. Brian Dudley was consulted as to the feasibility of this approach. After our first consultation with Brian and apparently at your request, he asked to meet with us to discuss it and we agreed. The outcome of that discussion was as follows. 1. A certified soil evaluator needs to schedule and perform a second percolation test at the above referenced site in the C2 layer (in undisturbed soil) as per Title V (310 CMR 15.104(4), witnessed by the Board of Health or agent(s) of the Board of Health. 2. If the C2 layer percolates satisfactorily again in a second location, and the Board is satisfied that the C2 and C4 layers are essentially the same, or the Board of Health would have to be satisfied by the soil evaluator that the C4 layer is less restrictive than the C2 layer. 3. If # 1 and 2 above pass, you could proceed with an application for a variance from the Town of Barnstable Marginal Lot Regulation as if the lot percolated satisfactorily: in other words, you would not need the sieve analysis variance you now have pending. For the Marginal Lot Variance, the Board requires submission of fully designed septic and site plans, designed by a professional engineer or registered sanitarian, which includes a strip out of the C3 layer. 4. If the Board of Health grants you the Marginal Lot Variance requested, you can then proceed with an application for a disposal works construction permit for this property. If you wish to undertake this approach, you should have your soil evaluator and/or registered sanitarian contact me to acknowledge and make arrangements. In that event, you would not need to continue seeking the variance for sieve analysis. If you do not wish to take this approach, you could proceed with your sieve analysis variance request, but it appears from all our conversations with Brian Dudley that DEP would not approve such a variance which would make any Board approval moot. Very truly yours, Thomas McKean, R.S., CHO Director of Public Health Mr. Page left.

B. Peter McEntee, Engineering Works, representing Harold Gramse,

Trustee – 98 Vanduzer Road, Barnstable, 22,280 square feet parcel, seven variances due to site constraints (continued from April meeting).

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Peter McEntee presented a revised plan with the only adjustment being a pressure-dosed plan with the same configurations and with 1 ¼ length laterals. The same variances apply to the revised plan. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve the variances on the plan revised and submitted at the Board meeting 5/13/08, with the following condition: a six-bedroom deed restriction recorded at the Registry of Deeds, and submitted to the Health Division. (Unanimously voted in favor.) IV. Septic Variances (New):

A. Mike Aucoin representing Bergenheim Trust, owner – 112 Nyes Neck Road East, Centerville, Map/Parcel 232-011-002, 1.0 acre parcel, repair of septic requesting four variances.

Mike Aucoin presented their revised plan and they have done test on the well. The current well is within 30-50 feet of the components of the owners septic. It is, however, over 150 feet away from the neighbor’s well. The current septic appears to be 20-25 years old. There is an old steel tank there which has been properly filled and abandoned. There is a leaching field beyond the septic tanks. The plan proposes to move the septic tank 100 feet away from their well. Mr. McKean said the staff comments included a need for another variance from Title V - a variance for the inlet tee as it will be within 12 inches of ground water. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to Continue until the June 10, 2008 Board of Health Meeting. (Unanimously voted in favor.)

B. John Lavelle, Coastal Engineering, representing Oyster Harbors Yacht

Basin Realty, owner, 122 Bridge Street, Osterville, Map/Parcel 093-009, 1.77 acre parcel, one variance request.

John Lavelle presented his plans. Mr. McKean mentioned the staff wanted to know the status of the moon when the test occurred. Mr. Lavelle said it was a full moon. Dr. Canniff. said he was out at the property. It’s a difficult piece of property not allowing many choices. The plans do show the pipes are waterproofed – as noted on page two. Dr. Canniff would like to made sure the pipes are sleeved Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve the variance to groundwater (from 12 inches to 11 inches) and with the plan dated November 30, 2007, revision date March 19, 2008. (Unanimously voted in favor.)

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C. Arlene Wilson representing Cotuit Oyster Company, owner, 26 Little River Road, Cotuit, Map/Parcel 053-009, 0.16 acres, requesting a modification of septic system variance issued 4/29/04.

Arlene Wilson presented the plan, along with Mary Leis Kelly, project manager at Cotuit Oyster Company. Cotuit Oyster has owned the property for a long time and had leased the property next door until recently. The Board had approved variances at an earlier date with the stipulations that they use an incinerating toilet and that they have a restriction on property not to use it for residential. Staff had asked for (another) copy of the floor plans and Ms. Wilson has brought them. Ms. Wilson mentioned the changes to be: it was 76 feet from BVW and now it is 69 feet from BVW, 2) it was 8+ feet from property line and now it will be 4 feet to property line, the pump chamber moved a little further away from the BVW. It was 94.5 feet from BVW and it is now 96.6 feet from BVW. There is no change in the number of employees, there will be no changes in flow Our town attorney, Charles McLaughlin, presented that they are within hours of resolving and he feels it will be a good solution. Mary Leis Kelly, Cotuit Oyster Company, said she is asking for a continuance on this. The new owner may want to reserve the right to change the plan. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to CONTINUE until June 10, 2008 BOH meeting. (Unanimously voted in favor.)

D. Whitney Wright, owner – 4308 Main Street, Barnstable, 145,800 square

feet parcel, one variance (postponed from Feb 2008 meeting). Mr. Whitney Wright presented his plan. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to accept the plan with the following condition: the water supply of the irrigation well shall be kept separate from the town supply of water. (Unanimously voted in favor.)

V. Variance – Food (Cont): John Cotellessa, owner, Original Gourmet Brunch at 517 Main Street, Hyannis, requesting grease trap variance and expansion in seating from 70 to 94.

John Cotellessa stated he spoke to Brian Dudley, DEP. Brian explained that because it is on town sewer and town water, he does not need to approve. John is short 47 gallons on the 94 seats for the grease trap and does not have any place to increase the grease trap.

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Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve a temporary variance to expire Oct 30, 2008 with the condition that two inspections will be done: in Jun 2008 and Aug 2008 showing the ratio of grease, then bring the results in to the Oct meeting and at that time the Board will use the data to evaluate the frequency needed for future pumping during their heavy season especially. (Unanimously voted in favor.)

VI. Variance – Food (New):

A. Felis Barreiro, owner of Alberto’s Restaurant, 356 Main Street, Hyannis, Map/Parcel 327-004, additional 32 seats with a grease trap variance request.

Mr. Barreiro presented his request to have additional seating. He currently has a 3,000 gallon grease trap and has a permit for 198 seats including a function room (which is not always used). Mike Macheras, Schooners, spoke stating his concern that the restaurant’s permit broken down by rooms adds up to 256 seats. He is already over the Health Division permit of 228 seats. Mike says Alberto’s actual seats are in violation of the permit. Mr. Barreiro said he is negotiating with the town for use of the parking spaces The maximum seats (inside and out) is 250 seats. He requests it be distributed so that he can have 32 seats in the front, 32 in the back, and 198 inside seating. Dr. M. said the seating can be worked out by the inspectors and the owner, but once determined it must stay as that breakout. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve a conditional variance with the condition that it be inspected monthly (Jun- Sep) through the summer showing the ratio of grease and then presented to the Board in Oct 2008 BOH meeting. (Unanimously voted in favor.)

B. Swan River Fish Market, 1600 Falmouth Rd – Unit# 12, Centerville,

request a toilet facility variance. Mr. Al Burns, Swan River Fish Market, said the menu will be basically the same as the Osterville Fish Market Too, and there will only be two employees and only a take-out menu and hopes to open in early Jun 2008. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve the toilet facility variance for one toilet. (Unanimously voted in favor.

VII. Variance –Temporary Food (New):

A. First annual maritime festival event “SeaCotuit” for May 24-25, 2008, on the Village Green, Main Street, Cotuit.

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Mr. Jim Power spoke of the first annual maritime festival event. A tent will be set up and four local food establishments will serve their food and the fifth table will be Cotuit Federated Church will have sodas/water. Two old-time trolleys will be available to keep the parking available at the school and ball park. Upon a motion duly made by Dr. Caniiff, seconded by Mr. Sawayanagi, the Board voted to approve the annual event of SeaCotuit with the condition that the two portable toilets be ordered with running water. (Unanimously voted in favor.)

B. Leticia Durham, Harry’s Cajun Restaurant, sponsoring “Spring Blues

Festival” on May 25, 2008, at 350 Stevens Street (outdoors), Hyannis as a fundraiser for the Duffy Health Center.

Leticia Durham and Alicia presented the event. The only supplier will be Harry’s Cajun Restaurant. They will prepare the food inside Harry’s and put into chaffing dishes. The event will be May 6 from 1-6 pm. They will have four portable toilets with water. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to approve the Spring Blues Festival event. (Unanimously voted in favor.)

C. John Rega representing “Taste of Cape Cod” to be held on May 26,

2008 at Resort & Conference Center, 35 Scudder Road, Hyannis as a fundraiser for the Family Food Pantry.

John Rega presented the event. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to approve the “Taste of Cape Cod” event. (Unanimously voted in favor.)

D. Cape Cod Life sponsoring a food event “Food and Wine Festival with a Taste of Culture on June 1, 2008 at Rectrix Aerodrome, Barnstable Road, Hyannis.

Mimi presented the events for Cape Cod Life. There will be a “dualling chefs event with six different chefs, and they will have a refrigerated truck outside the Rectrix and a truck with ice will be on site. There will be two coolers at each table.

E. Cape Cod Life sponsoring Food and Wine Festival on June, 4, 2008, at Cotuit Center for the Arts, Falmouth Road, Cotuit with two vendors, Siena and Regatta of Cotuit.

Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve with the contingency that it meets Mr. McKean and his staff

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F. Cape Cod Life sponsoring a “Boat Show” food event on June 14-15, 2008, at the harbor, Ocean Street, Hyannis.

Approved for one vendor, Mario. Upon a motion duly made by Mr. Sawayanagi, seconded by Mr.

G. BayBridge Clubhouse sponsoring “Local Fest” on June 20, 2008 on

Hyannis Village Green as fundraiser for Department of Mental Health.

VIII. Subdivision # 767 - Modification of Definitive Plan: Down Cape Engineering representing Penelope Hinckley, owner -

Modification of the Definitive Plan at 620 Main Street, West Barnstable, Map and Parcel 157-004, private wells, on-site sewerage disposal system, scheduled to be heard at the May 12, 2008 Planning Board Meeting.

No objections to the Subdivision# 767 as on the plan, originally dated 3/20/00 with revised date 2/8/08. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to send a letter to the Planning Board of approval of the proposed plan. (Unanimously voted in favor.)

IX. Correspondence/Updates:

A. Correspondence from John Lebica, Cape Cod Community College.

Correspondence read. B. Draft ordinance to permit absentee board members who participated in

adjudicatory hearings, to continue to participate. Dr. Miller suggests deferring the decision to accept the draft until after he has an opportunity to meet with the town attorney. He is concerned with using only audio recording as it sometimes is difficult to hear. He would be happier if the video is the criteria. Dr. Canniff said the Mullin Rule must be something that’s already been scrutinized. Dr. Canniff acknowledged that for a three member board it would be useful. The Board agreed with him and will wait to speak to the town attorney.

C. Letter from Lombardo Associates regarding Nitrex Nitrogen Removal Technology.

The Board acknowledged it is another alternative, but noted, it is a big cost for a short-term solution. They discussed the possibility of bringing Sue Rask in for a special meeting to discuss the alternative.

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X. Emergency Septic Repair: 245 Mitchell’s Way, Hyannis Mr. McKean presented the plan for an emergency plan for 245 Mitchell’s Way, Hyannis with setback variances. Upon a motion duly made by Dr. Canniff seconded by Mr. Sawayanagi, the Board voted to approve the setback variances. (Unanimously voted in favor.) Voted to Adjourn. 6:15 pm.

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Tuesday, June 10, 2008 at 3:00 PM Town Hall, Hearing Room


A regularly scheduled and duly posted meeting of the Barnstable Board of Health was held on June 10, 2008. The meeting was called to order at 3:00 pm by Chairman Wayne Miller, M.D. Also attending were Board Members Paul Canniff, D.M.D. and Junichi Sawayanagi. Thomas McKean, Director of Public Health, and Sharon Crocker, Division Assistant, were also present.

I. Hearing – Housing (Cont.):

Deborah Packard, owner – 226 Long Beach Road, Centerville, MA – housing violation(s).

Deborah Packard was not present. The Health Division Inspector’s recent inspection was read stating all work has been completed and additional bedrooms removed. No further action required. II. Hearing – Housing (New):

Donizete Ronfirm, owner – 83 Uncle Willies, Hyannis, removal of three bedrooms.

III. Septic Variances (Cont): A. Mike Aucoin representing Bergenheim Trust, owner – 112 Nyes Neck

Road East, Centerville, Map/Parcel 232-011-002, 1.0 acre parcel, repair of septic requesting four variances (continued from May 2008)

Mike Aucoin and Ed Stone presented their revised septic plans which included a change from a 1,000 gallon tank to a 1,500 gal two-compartment tank attached to a pump chamber then to the leaching field (which remains in the higher ground. The Board requested a monitoring plan be submitted which includes monitoring quarterly. After the second year, the applicant may come back to the Board for a review. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve five variances with the following conditions: 1) a monitoring plan must be submitted, (2) they must put a notice on the deed that the septic system is an I/A system which requires both testing and emptying on a regular basis, (3) a 4 Bedroom Deed Restriction must recorded at the Barnstable County Registry of Deeds and a copy submitted to the Health Division. (Unanimously voted in favor.)



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B. Arlene Wilson representing Cotuit Oyster Company, owner, 26 Little River Road, Cotuit, Map/Parcel 053-009, 0.16 acres, requesting a modification of septic system variance issued 4/29/04.

Revised plan was submitted to Mr. McKean with a comment to see note#18 which is changed now so the vent faces south toward the northly abutter. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve the variances with the following conditions: 1) The applicant must obtain variance approval(s) from the MA DEP prior to obtaining a disposal works construction permit, (2) record a deed restriction restricting the property to non-residential use signed by the owner. at the Barnstable County Registry of Deeds with a copy given to the Health Agent. It is to be noted that if there is a change of use to commercial, they must come before the Board of Health again, (3) The incinolet toilet shall be installed according to the State Plumbing Code, (4) The vent pipe shall be installed with the opening to the south, (5) The grey water disposal system shall be installed in strict accordance with the submitted plans with a revision date of May 27, 2008, (6) The designing engineer shall supervise the construction of the onsite sewage disposal system and shall certify in writing to the Board of Health that the system was installed in substantial compliance with the original plans dated August 12, 2003, with a revision date of May 27, 2008 and signed by Robert A. Drake, P.E. (Unanimously voted in favor.) IV. Septic Variances (New):

A. Joe Henderson, Horsley Witten Group, representing Mark Ellis, owner – 239 Iyannough Road, Hyannis, Map/Parcel 328-206, 0.66 acre lot, 5 variances requested.

Joe Henderson and Mark Ellis presented their plan. Both septic systems, the cottage’s and the Quarterdeck’s, have failed. In Quarterdeck has the leaching field failed. The cottage’s system is working –however, it is a single cesspool so it automatically fails. The cottage has two bedrooms. The restaurant has 42 seats and a grease trap. The Quarterdeck is mainly a bar which serves pizza on Monday nights but it was calculated in as a regular restaurant based on 42 seats. They installed three water monitoring wells and found no issue with ground water or soil. Dr. Miller was unclear of neighboring septic locations Mr. Henderson has looked into the cost of hooking up to the town sewer at Ridgewood Road and it could be possible. Dr. Miller noted the property is in a WP district. The total flow is about 3,000 gal/day for five buildings. Mr. Henderson stated the pump chamber is only for the cottage because gravity doesn’t work to bring it to the shared D-Box. The Board was concerned and proposed the following steps be done: Step 1 – The Board will send a letter and ask DPW to reconsider the rejection of

extending the sewer line which is 600 feet away with only the Radisson in between.

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Step 2 – If they do not extend the sewer, Dr. Miller would want to have advanced

treatment technology used. Joe said the difficulty is that there is very limited space available for that.

Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to send a letter to the Mark Ells and copy to Bob Burgmann, Town Engineer, to ask for reconsideration of the sewer extension and to continue this to the Board of Health Meeting on July 8, 2008. (Unanimously voted in favor.)

V. Application for Extension – Underground Tank:

Richard Boyle, Regional Sales Manager for Cumberland Farms # 2142 (a.k.a. # 2326)- 395 West Main Street, Hyannis, Map 269, Parcel 116, requesting extension on replacement date of four (4) fiberglass 8,000 gallon underground storage tanks with a scheduled replacement date.

Richard Boyle presented their plans of their intent is to remove the 4 underground storage tanks with a capacity of 32,000 gallons with 3 double-walled storage tanks with a capacity of two at 12,000 and one at 8,000 gallons for a total of 32,000 gallons in Oct 2008. Mr. Boyle said they do continue to maintain daily monitoring. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to extend the variance until Oct 31, 2008 at which time the tanks will be replaced. (Unanimously voted in favor.) VI. Variance – Food (New):

A. Theodore Schilling, Esquire, representing Tommy Doyle’s Irish Pub & Restaurant, Map/Parcel 327-090, grease trap variance.

Theodore Schilling and Allan O’Sullivan presented their plan. They stated their variance request to similar to the variance granted to the prior owner. The Board stipulation can be changed from testing the GRD by an outside firm monthly to having the applicant monitor and log it monthly. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to grant a conditional variance from the Board of Health “Revised Supplement to Minimum Sanitation Standards for Food Service Establishments” Regulation 10, which requires a minimum 1,000 gallon capacity grease interceptor at all food establishments. This variance will allow the applicant to operate grease recovery devices with the following conditions: (1) No more than 328 seats total are authorized. (2) Two grease recovery devices (GRD’s) shall be maintained in series at this establishment, one on the main level and one in the basement. (3) The applicant shall monitor monthly and a log of the quantity of grease discharged into the plumbing (influent) and the quantity of grease discharged out to the sewer line after being processed through the GRD device (effluent). (4) The menu is limited to the list of foods submitted by the prior owner, Hooters, on February 10, 2003. (5) This variance is not transferable and will be voided if this

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food establishment has a change of menu or is leased to a party other than the current tenant. (Unanimously voted in favor.)

B. Cynthia Cole representing Mid-Cape Farmer’s Market, 232 Main St

(Bank of Cape Cod parking lot), Hyannis. Cynthia Cole and Rick Bibeau proposed the new location and stated they will continue to operate in the same manner. Mr. McKean said the staff had no objections to the new location. The need to make sure there is adequate hand wash stations was reinforced by him. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve the new location of 232 Main Street, Hyannis. (Unanimously voted in favor.)

VII. Temporary Food Permit:

A. Les Hemmila, Barnstable SeaFarms, request to sell oysters and little-necks at the Farmer’s Market.

Les Hemmila and Sean Bowin, Dept of Agriculture were present. Mr. Hemmila will not be shucking any oysters at the market. He will only have oysters and little necks (quahogs) He will have the items already bagged and in a refrigerator truck. There will not be any hands touching the product at the Farmers Market. The product will be kept in the truck and the door will be opened to retrieve one bag at a time as consumers purchase. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve subject to the applicant obtaining his state licenses. (Unanimously voted in favor.)

B. Vito Marotta, Porky’s Bar-B-Que, for Fireworks Evening, July 5, 2008,

change of location to vacant lot, north side of South Street (across from Aselton Park.

Mr. Marotta said he would be operating in the same manner as previously approved at the Aselton Park but must move as the park will be in use that day. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve the change in location. (Unanimously voted in favor.) VIII. Disposal Works Installers:

A. Dennis Earle, Sandwich, MA

All references endorsed him as a good candidate and he received a passing grade on the exam. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to approve Dennis Earle as a licensed Disposal Works Installer. (Unanimously voted in favor.)

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B. Thomas Clancy, Middleboro, MA

All references endorsed him as a good candidate and he received a passing grade on the exam. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to approve Dennis Earle as a licensed Disposal Works Installer. (Unanimously voted in favor.) IX. INFORMAL DISCUSSION:

Gary James, James Engineering representing Dorothy White, owner – 332 Bone Hill Road, Barnstable, Map/Parcel 337-012, 0.88 acre lot, Gary James is interested in the Board of Health’s review and comments. Gary said he has not done work in the town before and was looking for input on what the Board. Dr. Miller said 50 feet is the minimum they will drop to, percolation tests must be done, and consideration would also be given to the number of variances applied for and the number of bedrooms requested for approval. The Board expressed difficulty in answering the request without a completed plan.

X. ADDITIONAL ITEM(S) Announcement: Next Monday, June 16 at 7pm is the second meeting Estuaries Regulation. In terms of the wording for the estuary ordinance: in lot or septic systems, it will be the septic systems within the lot and not the “lot”, itself. There will be 2 to 3 different phrasing for the flow to be discussed. And they are interested in changing the term “dwellings” to say “buildings” so that the ordinance will now cover commercial. Voted to adjourn.

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Tuesday, July 8, 2008 at 3:00 PM Town Hall, Hearing Room


A regularly scheduled and duly posted meeting of the Barnstable Board of Health was held on July 8, 2008. The meeting was called to order at 3:00 pm by Chairman Wayne Miller, M.D. Also attending were Board Members Paul Canniff, D.M.D. and Junichi Sawayanagi. Thomas McKean, Director of Public Health, and Sharon Crocker, Division Assistant, were also present.

I. Show-Cause Hearing – Housing (New):

Marilyn Higgins and Cindy Gold at 92 County Seat, Hyannis – Housing Violations.

Philomena Hurley, the neighbor, spoke of how this has continued for 10 years. It has been a continuous problem. As soon as they clean it up, they start tossing the trash outside all over again. Tim O’Connell, the Health Inspector, agreed with the neighbor. He has been working on these issues for the past year. Mrs. Higgins has now been received into housing and the house will be sold. She is moving her belonging by herself and had a difficult time estimating when she may be out. She has to depend on contractors schedules. She thanked the town and her neighbor for the patience they have shown. Mrs. Higgins said she will get all the trash out this Friday at 4pm. If it is not cleaned up by Friday, the Board of Health will hire someone at Mrs. Higgins’s expense. Everything else she will be sending to a flee market. She said the Veteran’s Association volunteered to help her. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to institute a deadline of Friday, July 11, 2008 at 4 p.m. to have all trash removed from the house and if it is not removed, a contractor will be hired at the owner’s expense. (Unanimously voted in favor.) We can re-implement the ruling if the garbage is cleaned up and the owner starts up all over again. If the daughter and other tenant’s continue the problem once the owner has moved, the tickets will be issued to them.

II. Hearing – Housing:

Sheila McNamara, owner – 294 Tobey Way, Hyannis, removal of one bedroom and upgrade the septic system.

Annellen and Sheila McNamara presented their situation. They purchased the house in 2001. The house is occasionally rented out in the summer for 4-8



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weeks during July – Aug. Last year the rental program approved the house (with 4 bedrooms) and the owners were unaware of any problem existing. This year it was identified that it is a three bedroom. They would like to keep the three bedrooms upstairs and not change any walls/doors. However, their handicap mother is interested in visiting and staying in the downstairs (dining room.) When she is there, they would like to not use one of the bedrooms upstairs to accommodate her downstairs. The options given are: to open up the dining room doorway to 5 feet (i.e. French doors), to open up a wall or doorway upstairs, or to request a variance for a septic tank to remain 1000 gallons and increase the leaching field to accommodate the fourth bedroom. Annellen McNamara expressed interest in getting quotes to see if they can increase the septic system which may only require one more infiltrator to the leaching system at this time.

Upon a motion by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to Continue until November 18, 2008 Board meeting. (Unanimously voted in favor).

III. Septic Variances (Cont): POSTPONED A. Joe Henderson, Horsley Witten Group, representing Mark UNTIL AUG 26, 2008 Ellis, owner – 239 Iyannough Road, Hyannis, Map/Parcel BOH MEETING 328-206, 0.66 acre lot, 5 variances requested.

III. Septic Variances (New):

A. Michael Pimentel, J.C. Engineering representing Donald and Susan

Shur Thompson, owner – 361 Woodside, West Barnstable, Map/Parcel 152-031, 35,300 square feet lot, four variances requested for a septic repair.

Michael Pimental presented the plan. The current drinking well has been there since 1973. Mr. Pimental is unfamiliar with the testing records of the well. Arlene Wilson represented the neighbor, Aneida Swanson, and mentioned the road is now a town road and asks that the Board consider UV protection required with the new system. The Board determined that due to the fact that the system is greater than 100 square feet away from the well, the expense is unnecessary. The Health Division is most concerned with the road run-off in winter. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve the plan with the following condition: the drinking well must have a standard Title V well test performed and if one has been done in the past year and is normal, that will be accepted. If the water test does not pass, the well will have to be relocated. (Unanimously voted in favor). (No Deed Restriction is required as the regulations do not allow an increase to four bedrooms due to the lot size.)

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B. Rich Capen, Capewide Enterprise, representing Grazina Pileika, owner

– 200 Horseshoe Lane, Centerville, Map/Parcel 207/133, 10,637 square feet lot, two variances for house addition.

David Flaherty, Down Cape Engineering, represented the property for the owner and Rich Capen. David will submit the green cards to Mr. McKean tomorrow morning. There is one variance missing: the septic is less than 100 feet from the wetlands with an increase in flow. Also, the setback variances are not correct for an increase in flow (only for a repaired system with the same flow) Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to Continue to Sep 9, 2008 Board of Health Meeting. (Unanimously voted in favor.) (COMMENT added in September: the final result: the applicant decided not to increase the flow, so no continuance was needed.)

C. John Schnaible, Coastal Engineering, representing Pamela and George Christodoulo, owner – 271 Pleasant Pines Avenue, Centerville, Map/Parcel 214-041-002, 0.57 acre parcel, four variances requested for house addition.

John Schnaible and Steve Cook presented the plan with a new type of an I/A system, Perc Right System. The system provides environmental protection and the leaching tubing is only 6 inches to grade. The setbacks are: SAS from wetlands are 82 feet (18 feet variance), the setback of tank from wetlands are 76 feet (24 feet variance), and the pump chamber setback from wetlands is 91 feet (9 feet variance) with no increase in flow. It will remain a three-bedroom system. The new study is wide open (currently it is an existing office.) Mr. McKean pointed out that there is an irrigation well and it should be marked on the plan. Mr. Schnaible was unaware of it and will insert it (It appears to be right at the new addition and if it is not to be used they will have it removed.) Upon a motion duly by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve the I/A septic plan with the following conditions: 1) a three-bedroom Deed Restriction must be properly recorded, 2) a copy of the Deed Restriction must be submitted to the Public Health Division, 3) the plan needs to be installed in accordance to the DEP approval requirements, 4) a maintenance agreement must be submitted, 5) the maintenance agreement is the responsibility of the owner and must be conveyed that the responsibility is conveyed to each new owner of the property, and 6) a monolithic tank will be used. (Unanimously voted in favor.)

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IV. Variance – Food (New): A. Dean Walton for Little Sandwich Shop, 223 (a.k.a. 263) Stevens

Street, Hyannis, grease trap variance.

Dr. Miller said they must keep a log of big dipper and Dean will see Mr. McKean for the sample document to be used for tracking the grease removal. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve the grease variance. (Unanimously voted in favor.)

V. Body Art License:

Heather Sequeira, Plymouth, MA.

The Board reviewed the applicant’s presentation. Heather will be working at PinCushion. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to approve Heather Sequeira as a Body Artist. (Unanimously voted in favor.)

VI. Updates:

Dr. Miller mentioned the Discussion for the Commercial portion of the Estuary Regulation will be held during the September 9, 2008 Board of Health meeting.

Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to adjourn. (Unanimously voted in favor.) Adjourned 4:30 p.m.

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Tuesday, August 26, 2008 at 3:00 PM Town Hall, Hearing Room


A regularly scheduled and duly posted meeting of the Barnstable Board of Health was held on August 26, 2008. The meeting was called to order at 3:00 pm by Chairman Wayne Miller, M.D. Also attending were Board Members Paul Canniff, D.M.D. and Junichi Sawayanagi. Thomas McKean, Director of Public Health, and Sharon Crocker, Division Assistant, were also present.

I. Hearing – Septic:

POSTPONED Celia Freitas, owner – 69 Wayland Road, Hyannis, UNTIL BOH Map/Parcel 271-229, 0.35 acre lot, requests an extension

SEP 9, 2008 on a repair of septic failure until October 31, 2008. II. Septic Variances (New):

A. Carmen Shay, representing Ann Tomacelli, owner – 262 Skunknet Road, Centerville, Map/Parcel 174-016, 17,760 square feet lot, one variance requested for a septic repair.

Carmen Shay and the owner’s son, Earnest, were present. The Board acknowledged that the process was underway before the Estuary Regulation went through and four bedrooms would be permitted. However, the owner’s son explained that with recent information of the current tenant’s moving out September 30, 2008, they would be content to widen one doorway to five feet and keep the house as a three bedroom. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve a 90-Day Extension to have the doorway expanded to five feet. (Unanimously voted in favor.)

B. Brian Yergatian, BSC Group, representing Mark Holmquist, owner – 59

Nyes Point Way, Centerville, Map/Parcel 233-018, 0.15 acre lot, multiple variances for repair of septic system.

Keirnan and Brian Yergatian, BSC Group, presented they data. They said they originally planned on using a tight tank. They presented their plan to Brian Dudley who said he thought the site was better suited for a conventional pressure-dosage system. Discussion ensued including the neighbor’s property is also a tight tank and that it is looking hopeful that the sewer lines will arrive soon in which case a tight tank would be a less expensive way to go. The Board does not often feel a tight tank is ideal but feels this is the right situation. A site visit will be arranged to include



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Brian Dudley and the Board and BSC (who will also bring the water test results of well), tentatively set for Wed, 9/3/08 at 3pm. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to approve a Continuance to September 9, 2008, Board of Health meeting. (Unanimously voted in favor.)

C. Stephen Wilson representing Alan Green, owner – 140 (and 128)

Conners Road, Centerville, Map/Parcel 251-014 and 015, 0.47 acre parcel, one variance requested for repair as a two bedroom.

Mr. Wilson presented the plan to the Board with the variance from wetlands. The house is a two-bedroom and will remain a two-bedroom. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve the variance with the following condition: a two-bedroom Deed Restriction will be filed with the Registry of Deeds and a proper copy given to the Health Division. (Unanimously voted in favor.)

D. Dan Ojala, Down Cape Engineering, representing Cornelia Austin,

owner – 14 Marshview Lane, Marstons Mills, Map/Parcel 076-006-002, 56, 638 square feet lot, multiple setback variances to coastal bank, BVW and property line.

Dan Ojala presented data. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve the variances with the following conditions: a two-bedroom deed restriction shall be recorded (they may insert a line with a possible future review of property for use as a three bedroom). (Unanimously voted in favor.)

E. Mike Pimentel, JC Engineering, representing Izabel Marrero and Thays Fernandes, owners – 4 Saint Francis Circle, Hyannis, Map/Parcel 291-221, a 0.30 acre lot, three variances requested for repair.

Mike Pimental presented data. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve the variances with the following conditions: a three-bedroom deed restriction shall be recorded at the Registry of Deeds. (Unanimously voted in favor.) II. Septic Variances (Cont): POSTPONED Joe Henderson, Horsley Witten Group, representing Mark Ellis, Until SEP 9, 2008 owner - 239 Iyannough Road, Hyannis, Map/Parcel 328-206, BOH MEETING 0.66 acre lot, five variances requested. III. Variance – Water Supply- School:

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Arthur Grohe, Jr,, Board Chairman, West Parish Family School, part of West Parish, 2049 Meetinghouse Way, West Barnstable, variance to use Pex piping to correct lead and copper levels in drinking water (well).

No one was present. The Board did not oppose the change in piping. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve. (Unanimously voted in favor.)

IV. Variance – Food Establishment:

A. Harry Grong for The British Beer Company, 412 Main Street, Hyannis, Map/Parcel 309-221, variances from insufficient size grease trap. Proposes outside dining, no air curtain, no hose bib and no air screen (proposes to keep one solid door closed and keep air conditioning on).

Jacqueline McCarthy, Manager, presented data for Harry. The Board said they need additional information on the pumping. The information simply shows it was pumped and the Board needs to know the quantity. It is pumped quarterly and is next due in September. They will get the quantity on that pump out and inform Mr. McKean. Dr. Miller said that regarding the air curtain, he feels it is needed and should not be eliminated. They are planning to put one in. Regarding the pressure hose: the sink is right in the center of the bar and the hose would run about 70 feet, straight through the restaurant and out. They feel the pressure hose works much better. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve a variance for outside dining of 14 seats with the requirement of an air curtain be installed on the door which will be a closed door, and a pressure hose will be used instead of a hose bib, and the amount of the grease removed from the grease traps during the quarterly pumping will be recorded and turned in to Mr. McKean for the following year. For the September pump out, the results will be given to Mr. McKean immediately and this will be continued until the October 14, 2008, meeting to review the results of test. (Unanimously voted in favor.)

B. David Lawley represented Vojin Vujoseic, owner of Pain D’ Avignon,

15 Hinckley Road, Hyannis, Map/Parcel 311-020, variance for bathroom facilities.

David Lawley and Mario were present for the owner. Two bathrooms already exist but require some additional work to make them accessible. The Board needs to review the permits of the Building department and the Common Victual License.

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Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve a Continuance until October 14, 2008, and the business will be allowed to continue operating in the café until then, as the other permits are in place by the other departments. (Unanimously voted in favor.) V. Variance – Food: Temporary Permit: Heather Donnelly for MSPCA Walk for Animals, food event to be at

Aselton Park, 135 South Street, Hyannis on Sunday, September 7, 2008.

Heather Donnelly presented the event information and it will be for 30 pizzas delivered. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to approve.

VI. Variance - Body Art License:

A. Josh Kuenne of South Yarmouth, MA to work at Spilt Milk Tattoo, Mark Corliss, owner, 540 Main Street, Suite # 4, Hyannis, requesting variance to allow Mr. Kuenne to perform body art without anatomy and physiology training.

B. Andrew Regan of Jamaica Plains, MA to work at Spilt Milk Tattoo,

Mark Corliss, owner, 540 Main Street, Suite # 4, Hyannis, requesting variance to allow Mr. Regan to perform body art without anatomy and physiology training.

Mark Corliss, owner of Spilt Milk Tattoo Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to approve a temporary body artist permit for both Josh Kuenne and Andrew Regan, provided their references submitted are good. Also, the Board will review the possibility of breaking out the Body Art from Body Piercing and creating separate regulations. The Anatomy and Physiology is more relevant for Body Piercing. Mark will bring Mr. McKean information on the Quincy state course given to Body Artists to review for a possible requirement for the permit in the future. VII. Old Business/New Business:

A. Regulations Recommended for Deletion. Mr. McKean discussed his interest in having the Board review and update a list of regulations. The Board suggested to handle some at each of the Board meetings.

B. Regulations Which Need To Be Amended.

Mr. McKean and the Board discussed the current status:

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1) Outside Dining: the wording is not clear. The BOH’s desire is to have both a door and an air curtain.

2) Fuel Tank Exemption – Cindy Cole is working on. 3) Increase in Ticket Citations – The town attorney is working on this. 4) Criminal Citations – keep working on. 5) Bury large animals in yard. (currently can bury dog and horse) 6) Screen Door and Air Curtains questions – yes, should come before the Board. 7) Touchless faucets – Discussed to handle violations similar to smoking

regulations. If not in compliance by 12/31/08, then they would first have a violation and must do within “xx” days, after that deadline, the second violation would bring a higher fine with a new deadline.

8) Screened Dumpster: The Board asked Thomas McKean to speak with Mr. Geiler to see whether he would agree to have the Building Division take on the regulation for dumpsters.

VIII. Additional Items:

Interim Regulations with a focus on Commercial will be discussed at the October 14, 2008 meeting. The Board’s concern is health and not economic. The Chairman was concerned with whether the Board of Health is allowed to differentiate the application of Interim Ordinance for specific classes/groups. Dr. Miller had met with James Crocker and the group heading up suggestions for commercial wording. The Commercial applies to 1 ½% of population in town. The Board stated there is a need for a comprehensive wastewater treatment plan. The town must get the Wastewater Subcommission in place and moving. Voted to Adjourn

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BOARD OF HEALTH MEETING RESULTS Tuesday, September 9, 2008 at 3:00 PM


A regularly scheduled and duly posted meeting of the Barnstable Board of Health was held on September 9, 2008. The meeting was called to order at 3:00 pm by Chairman Wayne Miller, M.D. Also attending were Board Members Paul Canniff, D.M.D. and Junichi Sawayanagi. Thomas McKean, Director of Public Health, and Sharon Crocker, Division Assistant, were also present.

I. Hearing – Septic:

Celia Freitas, owner – 69 Wayland Road, Hyannis, Map/Parcel 271-229, 0.35 acre lot, requests an extension on a repair of septic failure until October 31, 2008.

Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board approved the extension of septic repair until October 31, 2008. The Board requested a contact name and number at the mortgage company, who will be doing the repairs, be submitted.

II. Septic Variances (Cont.): A. Joe Henderson, Horsley Witten Group, representing Mark Ellis,

owner - 239 Iyannough Road, Hyannis, Map/Parcel 328-206, 0.66 acre lot, five variances requested.

No one was present. The Board is aware the owner indicated a willingness to hook up to town sewer which has been made available to them. Upon a motion made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted on the proposal to pass the variances requested. (Unanimously voted No) (Did not approve.)

B. Brian Yergatian, BSC Group, representing Mark Holmquist, owner - 59 Nyes Point Way, Centerville, Map/Parcel 233-018, 0.15 acre lot, multiple variances for repair of septic system.

Brian Yergatian, BSC Group, presented the plan and expressed it would most likely be done in two phases. The second phase would be done if sewer did not become available within the three years. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve the plan with the work to be done in two phases with two



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septic permits. One permit for two-compartment septic tank. The second permit will cover the installation of a pump chamber in the second compartment and the leaching field (second permit expected to be taken out within three years, if sewer not available.) with the following conditions: (1) Must have an alarm system on tank, (2) Two-Bedroom Deed Restriction recorded and copy to Health Division - prior

to issuance of certificate of compliance, (3) No tank shall be utilized - until the owner has submitted to the BOH written

certification by a MA Registered Professional Engineer or Registered Sanitarian that the tank has been constructed and installed in accordance with the approved plan,

(4) Must submit a copy of an executed two-year service contact with a septage hauler licensed in our community, which identifies the disposal location(s) of the tank contents,

(5) Within 30 days of a sewer becoming available to facility, owner shall connect to sewer and shall abandon tank properly,

(6) an O & M plan, shall be implemented which requires monitoring the system as a minimum of once every three months during periods which the property is occupied to ensure proper Operation and Maintenance, and

(7) owner shall submit to BOH copies of pumping records within 14 days of each pumping date.

(Unanimously voted in favor.)

III. Septic Variances (New): A. Peter Sullivan, Sullivan Engineering, representing C.M. Gregory and

Mary Wells, owners – 312 Smoke Valley Road, Osterville, Map/Parcel 096-003, 5.20 acre lot, variance for setback to coastal bank.

Mr. Sullivan presented the plans for the variance to setback of coastal bank. The size of the lot was, as well, taken into consideration. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve without conditions. (Unanimously voted in favor.) B. David Coughanowr representing Philip Noyce, owner –48 Harrison

Road, Centerville, Map/Parcel 229-072, 37,900 square feet lot, four variances from bordering vegetated wetlands due to lot limitations.

David Coughanowr presented the plans. The Board noted the plans need to show an F1 (effluent) filter. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve with the following conditions: (1) a revised plan must be submitted which shows an F1 (effluent) filter, and (2) a three-bedroom Deed Restriction must be properly recorded at the Registry of Deeds and a copy submitted to the Public Health Division. (Unanimously voted in favor.)

IV. Variance – Food Establishment:

A. Henry Blair, owner, Osterville Fish Too, 275 Millway Road, Barnstable, Map/Parcel 063-001, toilet facilities variance, for 66 seats outdoors with

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two on-site restrooms and multiple restrooms facilities at other businesses on the property.

The owner had the plans presented. Discussion took place regarding the extend of availability of toilet facilities on the same parcel, yet, in another building. Obviously, they would want to keep non-customer / beach traffic down as they are located near the beach. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve to maintain the 66 seats outdoors with the following conditions: (1) there are two bathrooms in food establishment and two in realty office on same property and they must have all restrooms available during all hours the food establishment is open (owner has option of how to make the toilet facilities available, i.e., hand out key to real estate office as needed, etc.), and (2) they must be very clear to patrons on how to gain access to restrooms in separate building (i.e., map directions on key chain) (Unanimously voted in favor.)

V. Variance – Temporary Food Permit:

Susan Beaudry for Member Appreciation BBQ, to be held at Willy’s Gym- outdoors, 865 Attucks Lane, Hyannis on September 23, 2008.

Susan Beaudry requested the Temporary Food Permit. The BBQ would be in back parking lot of Willy’s Gym. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to approve the permit as an annual event. (Unanimously voted in favor.)

VI. License: Disposal Works (Septic Installer) Ryan Smith, Oak Street, West Barnstable. All references endorsed him as a good candidate and he passed the exam for Disposal Works Installer. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to approve Dennis Earle as a licensed Disposal Works Installer. (Unanimously voted in favor.) Voted to Adjourn.

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MINUTES OF BOARD OF HEALTH MEETING

Tuesday, October 14, 2008 at 3:00 PM Town Hall, Hearing Room


A regularly scheduled and duly posted meeting of the Barnstable Board of Health was held on October 14, 2008. The meeting was called to order at 3:00 pm by Chairman Wayne Miller, M.D. Also attending were Board Members Paul Canniff, D.M.D. and Junichi Sawayanagi. Thomas McKean, Director of Public Health, and Sharon Crocker, Division Assistant, were also present.

I. Hearing – Estuary Ordinance - Postponed to Nov. 18 Board of Health Meeting.

II. Septic Variances (New):

A. Dan Ojala, Down Cape Engineering, representing Dr. Stanley Goldstone, owner - 223 Fifth Avenue, Hyannis, Map/Parcel 245-041,

8,000 square feet lot, three variances for repair. Dan Ojala presented plan. The Health Division staff did not have any issues. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve the variances with the following conditions: 1) a four bedroom deed restriction be recorded at the Barnstable County Registry of Deeds and a proper copy submitted to the Public Health Division and (2) use of an adequate vegetative screen or stone face from the front view. (Unanimously voted in favor.)

B. John O’Dea, Sullivan Engineering, representing Michael and Gisa Belanger, owner –100 Cross Street, Cotuit, Map/Parcel 033-032, 0.9 acre lot, four variances for repair.

John O’Dea (has returned green cards back from abutters and will submit to Mr. McKean tomorrow). Mr. O’Dea explained the septic location chosen allows the owner to save the two trees and avoid moving all the utilities. Mr. McKean said the staff found the parking area is quite close to the location of the tank and recommended H20 rating and that consideration be given for an innovative alternative system. Also, on reviewing the files, it looked as though the building was a two room facility when last permitted, and now appears to be a three bedroom. More documentation is desirable to make the determination. Given the quantity and severity of the variances, along with the lack of historical information, the Board would like to have the measurements of the bedrooms as



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they appear very close to 70 square feet or less. If it is to be used more than 4 or 5 months a year, then the Board would like an I/A system used. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve a Continuance to November 18, 2008 Board of Health Meeting. (Unanimously voted in favor.) III. Innovation/Alternative System: Robin Wilcox, Sweetser Engineering, representing Philip and Mary Ellen Nelson, Trustees – 90 Harbor Point Road, Barnstable, Map/Parcel 352-001, 15 acre lot, house renovation. Mr. Philip Nelson stated that the pocket door to the office was removed and the door opening enlarged to five feet to avoid the room being counted as a bedroom. Mr. Wilcox presented the plan and stated that Conservation requested them to use an I/A System. They chose a Singular System. The Board of Health expressed that as long as no variances are needed, the applicant can switch systems to a standard system if the applicant receives approval through Conservation. (Applicant will be meeting with Conservation this evening.) Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve the I/A system presented in the plan with the revised date of October 14, 2008, with the following conditions: the monitoring would only be required twice a year for two years with a review at the end of the two years. Also, the Board determined a standard system without any variances would meet the Board of Health regulations as well. (Unanimously voted in favor.) IV. Six Bedroom:

Glen Harrington representing Taylor Joyce, owner – 100 Oregon Road, Cotuit, Map/Parcel 016-012, 2.6 acre lot.

Glen Harrington was unable to attend the meeting. The plan had a total of six bedrooms in the main house and one additional bedroom in a separate dwelling with two separate systems for each building. The plan did not require any variances.

Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve the submitted plan for seven bedrooms. (Unanimously voted in favor.)

V. Variance – Temporary Food Permit:

John Rega for Taste of Cape Cod Festival, to be held at Resort & Conference Center, Scudder Ave, Hyannis, on November 23, 2008.

John Rega applied for two temporary food permits twice during each year to be run in the same fashion as this past year. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted on approval for two temporary food permits per year to be run in a

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similar fashion to the Taste of Cape Cod Festival 2008. The specific dates are not required in advance of the year. (Unanimously voted in favor.) VI. Old Business / New Business:

A. Dumpster Update -James Madru, Manager, Breakwater Condominiums, dumpster setback to property line.

A letter from an abutter, Richard Marino was read. He expressed gratitude for the cleanliness of the dumpster area this summer and asks that the dumpster will be emptied once a month in the off-season to avoid any problems. Mr. Madru stated the dumpster would be on a monthly schedule in the off-season. No action was required.

B. Rainwater standing on top of septic – 70 Thoreau Drive, Centerville.

Victor Muravyov, owner, said there was wetness above his new septic system for two days after it rained. Mr. Muravyov said he is unable to resolve his situation between the engineer, Lisa Lyons, and the installer, Bortolotti. The septic was installed last year and he has been trying to resolve it since May of this year. The Board listened and said they do not have jurisdiction to require anyone to do the repair for free. The issue is a civil issue which is set up to be heard in court.

C. Number of Bedrooms to be verified –Ralph Mahoney, owner- 58 Mockingbird Lane, Marstons Mills.

Ralph Mahoney purchased the house in 1993. It was a two bedroom downstairs. Then the owner took out a permit to dorm the upstairs (for three more bedrooms and a bath) and it was approved, giving him a total of five bedrooms. He later took out another permit to add a bedroom above the garage and removed one elsewhere, and the inspector referenced the original permit in 1979 and signed off on approval as a five bedroom stating it as a five bedroom non-conforming house due to changes in rules. The property is in the GP area. The Board feels that given the confusion, the Board must allow the five bedrooms. However, as a new septic is needed at this time, the Board states that an I/A system will be needed. Dr. Canniff suggested the idea of allowing the Health Division Inspectors to receive septic permit requests, allow more time to review them, and return them in the future, i.e. 48 hours later. The hope would be to take pressure off the inspectors in reviewing the plans on the spot. Upon a motion duly made by Mr. Sawayanagi, seconded to Dr. Canniff, the Board voted to approve two options: 1) the owner can put in a standard system for a four bedroom without an I/A system, or (2) the owner can keep the 5 bedrooms and install an I/A system. (Unanimously voted in favor.)

D. Jaqueline McCarthy / Harry Grong for The British Beer Company, 412

Main Street, Hyannis, (continued from Aug. 2008), with results of grease trap log.

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Jacqueline McCarthy was present and gave the Board the results from Johnny Flo. It only listed that 2,000 gallons of grease was pumped out. She said that the contractor was three weeks late in pumping it and she was told it was full. As the trap can be full of liquid and grease, the Board needs additional information similar to reporting received from Alberto’s Restaurant. The contractor did not breakdown the percentage of solids and sludge. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to Continue to the January 2009 to allow another grease trap pumping to be done in its normal quarterly cycle and the Board requests the quantity in trap be broken down to the percentage of solid grease and percentage of sludge. (Unanimously voted in favor.)

E. Felis Barreiro, owner, Alberto’s Restaurant, Main Street, Hyannis (continued from May 2008) with results of grease trap log to determine frequency of grease trap pumping with additional seats.

Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to approve the 3,000 gallon grease trap for 250 seats. The Board is still interested in seeing the pumped information each time it is pumped; however, they do not need to come before the Board again. (Unanimously voted in favor.)

F. Original Gourmet Brunch,Main Street, Hyannis (from May 2008), results of grease trap log to determine frequency of grease trap pumping, seating.

Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve the 1,000 grease trap for 94 seats. The Board is still interested in seeing the pumped information each time it is pumped; however, they do not need to come before the Board again. (Unanimously voted in favor.)

G. Pain D’Avignon - Status of toilet facilities, seats and permits.

Mario stated that the original bathrooms are now accessible to the restaurant. The wall was removed. This brings the total amount of bathrooms to three (including one for handicap) and meets the requirements. No further issue.

H. Status – Regulations Revisions

Each month the Board will review a new section of the group of regulations to be reviewed. Motion to Adjoin (Mr. Sawayanagi) 5:20pm

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BOARD OF HEALTH MEETING MINUTES Tuesday, November 18, 2008 at 3:00 PM


A regularly scheduled and duly posted meeting of the Barnstable Board of Health was held on November 18, 2008. The meeting was called to order at 3:00 pm by Chairman Wayne Miller, M.D. Also attending were Board Members Paul Canniff, D.M.D. and Junichi Sawayanagi. Thomas McKean, Director of Public Health, and Sharon Crocker, Administrative Assistant, were also present.

I. Hearing – Proposed Revision to the Saltwater Estuary Protection

Ordinance, Section 360-45.

Liza Cox, Nutter, McClellan & Fish, spoke of community impact is great, yet the economic and minimal amount of benefit. Phil Boudreau, Centerville resident, he is opposed to it. Small benefit. He wonders whether it would even be a measurable impact. Most are already developed. It would impact the number of chairs in a restaurant, whether a dentist can add a dentist to the practice. Commercial, many have high loads, but it is not necessarily high contaminated loads, it often is just water (as in a dentist office). He feels it is not a true comparison and recommends leaving the word residential. Matthew Eddy, Baxter, Nye Engineering, who did a comparison to residential and commercial loading at the request of Councilor Crocker. STE effect that could happen. They did make some broad assumptions. The GP and WP already restrict the area. The Town’s GIS department gave him the necessary data. They calculated that 252 acres of commercial zone compared to 15,758 acres of residential zone (98.8%). They further broke it down to see the parcels within just the AP zoning district. They compared commercial sampling of 16 different parcels and provided the Board with detailed analysis. Tony Shepley, Shepley Wood Products, stated the amount of commercial property located in the Saltwater Estuary amounted to only 1.6% of the total property in the estuary and the calculations do not show a measurable difference. He stated the total amount of commercial property in the entire town is only 9% which experts outside the town agree is very low. He feels we have a big balance problem in the town between commercial and residential and it sends a terrible message to anyone starting or running a business in our town. Mr. Shepley knows from experience how hard it is to work with serious




restrictions as he had a cap placed on the number of employees he could hire in the mid-80’s because he was not hooked up to the sewer at that time. He said there is no measurable benefit; however, there is a lot of detriment. Every town needs a careful balance between commercial and residential to be healthy. Olive Chase, Casual Gourmet, said she is one of the 1.6% who own commercial. She said it took her literally years to find a building in the community that she could buy for her business. At the time she purchased the building, it was permitted as a114 seat restaurant. Mrs. Chase operates a 24 seat catering business and she couldn’t find the words of what it would mean to her if the Board decreased the value of her business by not allowing her to grow and expand, unable to add bathrooms or add employees, especially knowing it wouldn’t make a difference in the quality of our water as the study shows its negligible. Mrs. Chase said she lives in the community, she employed a lot of people, pays employees as well as she can, and gives the employees benefits. She feels the Board does not place a value on her business if they put the proposed restriction on her business which she bought in good faith and all for a regulation which has negligible difference in water quality. Olive said the town needs jobs right now more than anything else. Ron Mycock, Cotuit, stated he is involved in many commercial properties in Cotuit and many properties contain dentists, etc, who would be very affected if they needed to move. Marcel Poyant, Osterville, feels including the commercial is very detrimental to the community. He owns many commercial property and he has been working with the Growth Management Department who agreed to reconsider changes and he hopes the Board of Health will reconsider the wording and at minimum, change the wording from “shall” to “should” leaving an option. David Chase, Casual Gourmet, said he understands the BOH task is to take care of the public health. He asks that the Board of Health also look at the global results as well. It will have a tremendous effort on commercial. When he had worked on Boards, their procedure had been to meet with small groups and see how everyone was affected. He would like the Board to see how they might minimize the effects on the business. Deborah Cumberson, CEO of the Hyannis Chamber of Commerce, stated there are 670 businesses in Hyannis, many will be impacted by this proposal. She agrees we must protect our estuaries but because the 1.6% commercial is a negligible amount of an impact, she requests to wait on the proposal until there is something in place to mitigate the losses. The community needs to take care of economic engine that drives our economy. She urges the Board to hold off at this time until we can extend the town sewer to these businesses. John Pendergast, Jr, Cape Cod Package Store, said he was hoping to make some expansions there for his family of the third generation. The property has changed over the years from retail to retail, to restaurant, to retail to office to retail. If the regulation is imposed, it would further restrict the use of the property and he wonders what would happen if 10 years down the road, the family wants


to change the operations again. He wonders whether there has been a concern by the Water District on this. Mr. Pendergast feels we have too many regulations on businesses as it is. He feels very, very strongly that the Board should curtail this proposal on commercial. Arlene Wilson, she recommends adopting it as is. She stated that if there was a 40,000 sq. ft. lot, it would have 4,400 gallons in flow which would allow for a number of cars (30) which would contribute to the problem. She did acknowledge, though, that does not think there is any more of these size properties left in the town. James Crocker of Osterville and Precinct 5 Councilor expressed a vested interest in commercial property and pointed out that it is the only way to create new income for the town and new growth in the economy. The town has bought 30% of the land in the community and it leaves very little for commercial. New commercial is the only time the town has a chance to go over the 2 1/2 % proposition and create revenue stream. This revenue brought in $3 million ($1.7 million went to the schools and $1.3 million to the town operations) This is how the town managed to avoid a number of override requests of Prop.2 ½. Other towns around us have had to pursue overrides. He feels the regulation has a large impact on the potential uses of commercial property in the town as our communities are made up of mixed use – commercial. He would not like to see commercial included in the regulation and mentioned the Board also has the Review Planning Committee to view each business at a time and restrict as needed. Dr. Miller recommended closing the public portion of the hearing and allowing the Board members an opportunity to review the large amount of information especially the documents supplied by Matthew Eddy at Baxter Nye Engineering. The Board will take everything under advisement and will conclude the vote on December 9, 2008 Board of Health meeting. Dr. Miller stated he appreciated the turn out. Mr. McKean expressed that there had been many good comments that had come up and he agrees with the statement that the Health Division always has the opportunity to restrict the business at the Plan Review Committee one business at a time rather than to have the regulation. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to close the public comment and CONTINUE to December 9, 2009 Board of Health meeting. (Unanimously voted in favor.)

II. Appointment – Board of Health Agent Robert D. Collett and Patricia Lindauer, Agent for the Board of Health for the purposes of tobacco control and issuance of non-criminal ticket citations. The proposed would be that Bob Collett and Patricia Lindauer would be able to issue tickets right on the spot. It would allow them to issue tickets


for the Town. They will issue tickets which will be citations stating a violation has been made and request the business to come before the Board. (At this time, Mr. Collett and Ms. Lindauer do not have the number of violations per store which the health division has in their database.) Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to appoint Robert Collett and Patricia Lindauer agents of the Board of Health with respect to issuing tickets for tobacco violations. (Unanimously voted in favor.)

III. Hearing – Housing:

Allen White, President, Health Care Management Associates and Merrill Blum, Executive Director, Veteran’s Outreach Center, requested a hearing regarding a complaint from an occupant at 379 South Street, Hyannis. Mr. White was not present, nor was occupant. Voted to CONTINUE to Dec 9, 2009. Timothy O’Connell, Health Inspector, stated that the original plans showed that the square feet for rooms 3 and 5 were suppose to be 83 square feet or greater, which Timothy O’Connell stated is not accurate.

IV. Food Establishment: Paul Dean, Osterville Fish Market – requests reconsideration of grade received during an inspection on 10/21/08. The grade will be averaged in with other inspections. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve the request to reconsider the grade. (NO, Unanimously Denied.) (no reconsideration.)

V. Septic Variances (Cont): POSTPONED Michael Ford representing Michael and Gisa Belanger, UNTIL BOH owner –100 Cross Street, Cotuit, Map/Parcel 033-032, 0.9 DEC 9, 2009 acre lot, four variances for repair (cont. from Oct 14, 2008)

VI. Septic Variance (New):

A. Mike Aucoin, A & M Land Services, representing Roger & Richard Bergenheim, owners – 112 Nyes Neck Road East, Centerville, Map/ Parcel 232-011-002, 1 acre lot, one variance requested regarding setback of existing well to proposed septic tank (57 feet).

Mike Aucoin stated in June 2008 the Board of Health granted a few variances for the property above. One of the unknowns on this site was the situation of the well. It was planned to be 150 feet away. Desmond Drilling attempted to install the well and he did not receive good water at that distance. He moved it to a different location and he, again, did not receive good water (he had to go through a lot of peat and it had an odor.) He eventually tried a fourth location and it was 57 feet away from the tank and 154 feet from SAS.


He looked into moving the SAS; however, their invert would be too low for the lake. Also, they are dealing with a sloping piece of property. Mike said he has a FAST system and they don’t make a monolithic tank for it. Mike must correct the plan revised 11/6/08 as the distance listed of the SAS to the well is incorrect (reversed the information with the tank) It is proposed that the engineer put in a monolithic tank and pump up to the Fast System which is by the garage. The engineer can authorize both tanks will be tested for water proof and water tight. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to CONTINUE TO DEC 9, 2008, BOH with the revised plan. (Unanimously voted in favor.) B. (moved to end of meeting.)

VII. License: Disposal Works (Septic Installer) Michael Takach, Dennisport.

Health Division recommends it. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve Michael Takach as a Disposal Works Installer. (Unanimously voted in favor.)

VIII. Correspondence / Old Business / New Business: A. Cumberland Farms, 389 West Main, Hyannis – status of underground

storage tank.

Letter Read.

B. Review Regulation: 1) number of food safety handling certificates required at (a) Residential Kitchens, and (b) businesses operated by one person.

Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to approve one food safety handling certificate required at a Residential Kitchen operated by one person and a business operated by one person. (Unanimously voted in favor.) C. Review Regulation: Touchless faucet regulation with regards to

Residential Kitchens, churches, schools, and municipals.

Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to (a) exempt the Residential Kitchen from the touchless faucet regulation, and (b) churches, schools and municipals will be deferred until further notice once Mr. Sawayanagi and Mr. McKean have an opportunity to


categorize different situations which may be proposed to handle low use kitchens. (Unanimously voted in favor.)

D. Strategic Planning.

The Board will read for review.

E. Barnstable Agricultural Commission – “Right to Farm” Ordinance. Word change was recommended to say “Agriculture Commission shall review and expeditiously as possible report its recommendations to the Board.” More review is needed. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve the re-wording (above) AND (view video for any additional item(s) from Dr.M.) (Unanimously voted in favor.)

F. Regulations Recommended for Deletion: 1.) Criteria for determining System Repair or Replacement (Sections 360-19 through 360-24) The Board considered voting to delete all other sections above except for Section 360-20C which covers Separation of Ground Water. There are discrepancies in the wording of the above sections in comparison to Title V. Deleting the sections will clean up the town ordinances. Arlene Wilson recommends saving Section 360-21 pertaining to Variances. She also recommends putting it in as its own procedure. The Board will vote on them once the re-written items are created (above).

2.) Herbicide Regulations (Chapter 332, Sect.322-1 through 322-5) The inspectors stated that the pesticide applicants are licensed by the State and have already received permission from the State. The Board stated that the homeowner is currently allowed by the State to apply to property up to two feet before a well. The Board recommended that it could be updated to say that with respect to commercial use, the state regulations will be used. Mr. McKean will bring the revised wording back to the Board to voted on once it is composed. 3.) Marginal Lot Regulation (Sections 360-17 and 18) The Board determined to KEEP the regulation. We are more strict from the state in that we require four feet of soil be required and the state allows it to be IN the ground water level. 4.) Screening of Dumpsters Regulation (Section 353-5)


The inspectors are proposing again to drop the Dumpster Regulation as it is focused on appearances instead of actual health issues. The Board recommends drafting a letter to Growth Management s

V. (cont) Septic Variance (New): POSTPONED B. Michael Ford representing Sandra Tubman, Trustee of UNTIL DEC 9, 2009, Ruth Rusher Trust, owner - 111 Ocean Street, BOH Hyannis, Map/Parcel 326-045, 0.45 acre lot, variances

requested to 105 410.400 (C) for a proposed construction or reconstruction of dwelling into a youth hostel.

Dec 9, 2008 Page 1 of 4

BOARD OF HEALTH MEETING MINUTES Tuesday, December 9, 2008 at 3:00 PM


A regularly scheduled and duly posted meeting of the Barnstable Board of Health was held on December 9, 2008. The meeting was called to order at 3:00 pm by Chairman Wayne Miller, M.D. Also attending were Board Members Paul Canniff, D.M.D. and Junichi Sawayanagi. Thomas McKean, Director of Public Health and Lindsay Parvin, Division Assistant, were also present.

I. Saltwater Estuary Protection Ordinance, Section 360-45.

Postponed to February 10, 2009

II. Hearing – Housing: Allen White, President, Health Care Management Associates and Merrill Blum, Executive Director, Veteran’s Outreach Center, requested a hearing regarding a complaint from an occupant at 379 South Street, Hyannis Postponed to January 13, 2009

III. Septic Variances (Cont): A. Michael Ford representing Michael and Gisa Belanger, owner – 100

Cross Street, Cotuit, Map/Parcel 033-032, 0.9 acre lot, four variances for repair (cont. from Oct 14, 2008).

Attorney Michael Ford was present representing Michael and Gisa Belanger, owner – 100 Cross Street, Cotuit. Attorney Ford stated that the current owners purchased the property in 1978. Upon which time the owners renovated the dwelling which in turn created the existing bedroom count. Mr. Ford Presented the Board with rental certificates for 2007 and 2008 both of which allow for a three bedrooms. Current Title V provisions state that bedrooms must be a minimum of 60 square feet. Only one bedroom at dwelling meets such requirements. Mr. McKean stated that building department files indicate dwelling consists of two large rooms which would indicate any alterations of the property took place without a permit. Dr. Miller informed Attorney Ford that Board request the following before the next meeting: 1) Provide documentation of any building permits obtained for dwelling. 2) Provide Board history of use, documentation that dwelling has been a year-round residence. 3) After the Board comes to an agreement on the flow, the



Dec 9, 2008 Page 2 of 4

board recommends considering an alternative system. 4) Assuming the bedrooms are found to be legal they must be brought up to code. Ceiling height in third floor bedroom must be addressed. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to Continue to the January 13, 2009 Board of Health Meeting. (Unanimously, voted in favor.)

B. Mike Aucoin, A & M Land Services, representing Roger & Richard

Bergenheim, owners – 112 Nyes Neck Road East, Centerville, Map/ Parcel 232-011-002, 1 acre lot, one variance requested regarding setback of existing well to proposed septic tank (57 feet).

Mike Aucion presented the plan, dated 11/6/2008, and explained how the installation error of the well being placed too close to the septic occurred (as the state regulations are 50 feet and the local are 100 feet). Discussion covered the procedure of how the septic tank will be water-tight and will, in addition, protect the pond. Mr. Aucoin consulted with John Rowland, an expert with the Fast System, and Mr. Rowland agrees there is no other place to relocate the Fast System. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve the septic plan dated 11/6/2008 with the variance of the setback of the existing well to the proposed septic system of 57 feet (in lieu of 100 feet) with the following conditions: 1) the water-tight septic tank will be inspected for its integrity for water tightness on an annual basis by the Fast System inspector at the time of the annual Fast inspection, 2) the well water will be tested annually for the standard contaminants including PH bacteria, Nitrate, and Nitrogen, 3) the well test will continue until such time that the property is connect to town sewer, and 4) the Fast System will be monitored. Unanimously voted in favor.

C. Ed Pesce, Pesce Engineering, representing condo owners – 381 Old Falmouth Road, Marstons Mills, failed septic, (continued).

Ed Pesce, Pesce Engineering and Attorney Kenny were present representing the commercial condo owners of 381 Old Falmouth Road, Marstons Mills with a failed septic. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve variances at 381 Falmouth Road, Marstons Mills with the following conditions: 1) Increase to 3021.61 gallon per day design flow, 2) Put together a master plan of all systems, 3) Board chooses not to apply the 1650 rule contingent upon that fact that there is no increase in flow, 4) Use is 632 gallons per day, 200% of average water demand, and 5) American Tent Company must maintain daily log for grease removal. Board grants six month extension on repair for systems B & E which will be in effect until July 1, 2008. (Unanimously voted in favor.)

Dec 9, 2008 Page 3 of 4

IV. Septic Variance (New):

A. Michael Ford representing Sandra Tubman, Trustee of Ruth Rusher Trust, owner - 111 Ocean Street, Hyannis, Map/Parcel 326-045, 0.45 acre lot, variances requested to 105 410.400 (C) for a proposed construction or reconstruction of dwelling into a youth hostel.

Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve the reconstruction of dwelling at 111 Ocean Street, Hyannis into a youth hostel with the following conditions 1) Facility must adhere to the Hostelling International Hi USA-Hostel quality standards dated January 1, 2009. The standards include, but are not limited to, no television and no smoking. (2) Rooms with less that 60 square feet will require bunk beds. 3) Permanent staff must have adequate square footage. Any staff residing there for more than 14 days must have living quarters that adhere to standards of state sanitary code. (4) Health variance will be reviewed annually to ensure that it is incorporated into the town managers license agreement. Unanimously voted in favor.

B. JC Engineering representing Christian Camp Meeting Association,

owners – 915 Craigville Beach Road, Map/Parcel 225-001, Centerville, 2.5 acre parcel, three variances regarding setbacks.

Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve the following variances at 915 Craigville Beach Road, Centerville 1) 2.6 foot variance from property line to pump chamber. 2) 3.5 foot variance from leaching facility to front property line. 3) One foot variance for the groundwater separation. 4) Local variance from Article 2 Section 360-2 (soil stability) to allow for the upgrade of septic system. (Unanimously voted in favor.)

C. Mike Aucoin, A&M Land Services, representing Linda Childs, owner – 54 Circle Drive, Map/Parcel 228-036, Hyannis, 0.53 acre parcel, three variances regarding setbacks of SAS.

Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve the variance with the following conditions: 1) Replace both tank and pump chamber with watertight monolithic tank, 2) provide buoyancy calculations for both, and 3) Effluent filter must be shown on the plan. (Unanimously voted in favor.)

D. FOOD ESTABLISHMENT: David Lawler representing Adam Weiner, Trustee, Guaranteed Fresh Produce – 35 Iyannough Road, Map/Parcel 343-002, Hyannis, 0.67 acre, existing system is two feet above groundwater.

Board agrees that there is no need for a variance for groundwater separation as the original plan for the septic took into account the correct calculations to deal with the groundwater. V. SIX BEDROOMS:

Dec 9, 2008 Page 4 of 4

Sullivan Engineering representing Mary Kariotis, owner – 63 Pirates Cove, Osterville, Map/Parcel 051-007-003, 1.44 acre lot, six bedrooms.

John O’Day of Sullivan Engineering was present representing Mary Kariotis, owner. Mr. O’Day informed the board this property is not on the water. Mr. O’Day noted the ocean is 625 feet from the system. Although the property falls within the saltwater estuary, it meets all requirements and no variances will be required. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve six bedrooms at 63 Pirates Cove, Osterville. (Unanimously, voted in favor.)

VI. FOOD ESTABLISHMENT: Pam Foley, RPM Ventures-new owner for Auntie Anne’s Pretzels, Cape

Cod Mall, 769 Iyannough Road, Hyannis, no seating, toilet facilities variance and grease trap variance.

Thomas McKean recommends approval with same conditions granted by the Board in January of 2007. Upon a motion duly made by Dr. Canniff, seconded by Mr.Sawayanagi, the Board voted to approve the toilet facility variance and the grease trap variance with the same conditions as January 2007. (Unanimously, voted in favor.) VII. VARIANCE - BODY ART PRACTITIONER:

Taylor Stephen Lindley of East Falmouth to work at Spilt Milk Tattoo, Mark Corliss, owner, 540 Main Street, Suite # 4, Hyannis, requesting variance to allow Mr. Lindley to perform body art without anatomy and physiology training.

Mark Corliss was present and discussed the Board of Health’s requirements of Anatomy and Physiology. Mr. Corliss express that it is difficult to find people who are willing to take the prerequisites, as well as the actual course of Anatomy and Physiology. He suggested changing the regulations to require a skin course offered by the state. The Board is open to this. Both the Board and Mark Corliss expressed the desire to have requirements to restrict people without proper guidance from opening a Body Art establishment in the town. Mark will come back before the Board February 10, 2009, with more specifics on the course. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to approve a six-month temporary Body Artist Permit for Taylor S. Lindley to expire on June 9, 2009 with the following conditions: 1) all work performed by Taylor S. Lindley will be under the supervision of Mark Curliss at Spilt Milk Tattoo, 2) Taylor Lindley will take an anatomy course accredited by the New England Association of Schools and Colleges, or comparable accrediting entity, before the expiration of this variance, and 3) if the Board of Health approves a different course for qualifications of a Body Artist Permit within this six-month period, Taylor Lindley will take the necessary course before the expiration of this variance. (Unanimously voted in favor.)

January 13, 2009 Page 1 of 6


Tuesday, January 13, 2009 at 3:00 PM Town Hall, Hearing Room


A regularly scheduled and duly posted meeting of the Barnstable Board of Health was held on January 13, 2009. The meeting was called to order at 3:00 pm by Chairman Wayne Miller, M.D. Also attending were Board Members Paul Canniff, D.M.D. and Junichi Sawayanagi. Thomas McKean, Director of Public Health, and Sharon Crocker, Division Assistant, were also present.

I. Hearing – Housing:

Allen White, President, Health Care Management Associates and Merrill Blum, Executive Director, Veteran’s Outreach Center, requested a hearing regarding a complaint from an occupant at 379 South Street, Hyannis (continued from November)

Alan White, Merrill Bloom, Nam-Vet Association and Sandra Perry, Barnstable Housing Authority work together for the transitional housing. HUD keeps a strict scrutiny over the program which began in 1994 and has been run very successfully. It began as a 10 room facility. At all times, the Town divisions were involved in the project. Since inception, all were aware of the two rooms which were a bit undersize but had been accepted due to the need for housing. There is presently a trouble occupant who has begun complaints once they tried to evict him. The program hopes they can continue with the variance of the size of the two rooms. The program is a temporary occupancy program for transitional living for one day to one to two years. Mr. McKean said staff has not objections to continuing to keep the two existing size rooms (one is 60-67 square feet, the second one is 72 square feet). Mr. Bloom said they do have a program option where seniority can apply to move to a different size room when available. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve the variances of the two undersize rooms with the condition that it continue to be used for temporary occupancy. (Unanimously, voted in favor.)




II. Septic Variance (Cont.): POSTPONED Michael Ford representing Michael and Gisa Belanger, owner – 100 UNTIL FEB 2009 Cross Street, Cotuit, Map/Parcel 033-032, 0.9 acre lot, four variances for repair (continued from Oct and Dec 2008)

III. Adoption of Article – State Sanitary Code, Chapter II Proposed Regulation - State Sanitary Code, Chapter II (105 CMR 410.000 through 105 CMR 410.960 Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II)

Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve the regulation. (Unanimously, voted in favor.)

IV. Septic Variances (New): A. Daniel J. Ojala, Down Cape Engineering, representing Frank Tenaglia, owner - 5 Patricia Street, Hyannis, Map/Parcel 246-052, 9,849± sq. ft. three (3) variances from (a) SAS to foundation and catch basin and (b) setback, SAS to foundation.

Dave Flaherty, Down Cape Engineering, presented the plan and is requesting a one foot variance to ground water. They would like to avoid the mound above the ground. And it would be cost prohibited to build a wall around it and avoid traffic from hitting it. The plan consolidates the four septic systems currently on the lot into one system. The staff has no objections to the plan and believes the variance should be granted. One room on the plan is in question of being closed off. Rather than open the doorway to a six foot opening, the owner would like to keep as is so they can close the room and use the air conditioner in there for relief. They agreed to a three bedroom deed restriction. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to approve with the condition of a recorded three bedroom deed restriction. (Unanimously voted in favor.)

B. Randall Swetish (contractor) representing Joseph & Joyce Paradis, owners - 90 Cindy Lane, Barnstable, variance minimum setback distances (addition of a second bathroom.

Randall Swetish presented the plan. There will be a four foot crawl space. The staff had no objections.

Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to approve the plan with the condition of using 40 mil lining against the wall under existing house and line under the flooring of addition (bathroom) with 40 mil polyethylene lining. (Unanimously, voted in favor.)


V. IA Monitoring Plan Review : A. Stephen S. Dane, 195-D, Route 149, Marstons Mills, requesting discontinuance of testing of RSF system and he will continue quarterly Operation and Maintenance inspections.

*Yes, reduce to yearly. B. Normand Barclou, 195-C, Route 149, Marstons Mills, requesting discontinuance of testing of RSF system and he will continue quarterly Operation and Maintenance inspections.

Randy Cox represented him as he was not able to attend. The readings are lowering each time. However, the average (median is 42.) He will need to continue doing quarterly under the average readings have dropped. Randy said that there are possibly three more tests that they are awaiting results on. He will be able to bring it back for review.

C. Leonard H. Julius, 195-H, Route 149, Marstons Mills, requesting discontinuance of testing of RSF system and he will continue quarterly Operation and Maintenance inspections.

*Yes, reduce to yearly. D. Thomas Fehnel, 195-A, Route 149, Marstons Mills, requesting discontinuance of testing of RSF system and he will continue quarterly Operation and Maintenance inspections.

He is an out-of-town resident. Mr. Fehnel is only at the location for 4-6 weeks per year. There are two tests not reported at this time which should be available for the February meeting and it may be able to reduce to semi-annual. *Continued to Feb 2009 meeting.

E. Kimberly J. Straubing, 195-G, Route 149, Marstons Mills, requesting discontinuance of testing of RSF system and she will continue quarterly Operation and Maintenance inspections.

*Yes, reduce to yearly. F. Barbara A. Ryshavy, 195-F, Route 149, Marstons Mills, requesting discontinuance of testing of RSF system and she will continue quarterly Operation and Maintenance inspections.

*Yes, reduce to yearly. G. Randy Cox, 195-B, Route 149, Marstons Mills, requesting discontinuance of testing of RSF system and he will continue quarterly Operation and Maintenance inspections.


He has another test that has not been recorded yet. He has six good tests. The Board approved to change to semi-annual then if both of the next two are good, he would be able to have it reviewed again to see if it can change to annual. *Reduce to semi-annual.

H. David Walsh, 195-E, Route 149, Marstons Mills, requesting discontinuance of testing of RSF system and he will continue quarterly Operation and Maintenance inspections.

* Continued to Feb meeting for results on more tests. I. Carolyn Keating, 195-I, Route 149, Marstons Mills, requesting discontinuance of testing of RSF system and she will continue quarterly Operation and Maintenance inspections.

*Yes, reduce to yearly.

The Board reviewed the above items (A-I):

If the owner has 8 tests and the median value falls within the acceptable range, then the owner can reduce monitoring to a yearly testing. Otherwise, the owner must continue to do the quarterly testing until they do have 8 tests. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted on the above items: A-I with the results that: D, F, G, H and I are changed to an annual testing; also, B will change to a semi-annual monitoring, C will remain the same at this point and will have an option to request a review again once there are 8 results with a median value. A and E will be continued to the February 2009 meeting to bring additional test results. (Unanimously, voted in favor of stated results.)

J. Ellen Merritt 27 High Street, West Barnstable, requesting reduction in number of testing dates required in one year for her system.

She will send us the test results for the 6 tests done at this time. She will then, reapply for review once she has 8 good tests. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve a Continuance until she notices the Health Division that she has eight good tests on the monitoring. (Unanimously, voted in favor.)

K. Tom Gere, 88 Hilliards Hayway, West Barnstable, requesting discontinuance of monitoring of FAST system.

The Board reviewed the monitoring tests and were satisfied with the median value.


Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve the reduction of testing to annual testing on the monitoring plan. (Unanimously, voted in favor.)

VI. Food Establishments:

A. West Main Gas, 577 West Main Street, Hyannis, requesting expansion of items being sold at this establishment.

Khalid Naoum, owner, was present, and requested expanding food menu. The Board agreed. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to approve the menu submitted today, 1/13/09. (Unanimously, voted in favor.)

B. Hyannis Main Street Business Improvement District – Cynthia Cole requesting extension beyond the December 31, 2008 deadline for installation of touchless faucets in food establishments.

Cynthia Cole and David Columbo presented their views on postponing the implementation of the touchless faucet ruling. Mr. McKean recommends allowing a five year span as the Food Safety had allowed to update temperatures, etc. Mr. Sawayanagi stated he feels the food handlers are professionals and understand they must meet the standards of washing their hands and would not want to risk their business reputation on an illness. He feels the touchless faucet regulation should be revisited in its entirety and feels they would not be a necessary addition.

Dr. Miller asked Mr. Sawayanagi to consider presenting additional information

at a future time prior to the deadline of 2/28/11.

Upon a motion, motion to extend for a two year period making it a 5 year plan to improve. The expiration will be 2/28/2011. (Unanimously, voted in favor.)

C. Paul Dean, Osterville Fish Market, requesting discussion regarding the most recent grade for Osterville Fish Market.

Paul Dean asked to review the inspection as he has had three and more A’s and the last inspection in October the only issue he had was a missing servsafe certificate which was an oversight as someone was replacing a worker in a pinch. Since then, the person has received the servsafe certificate.


VII. License: Disposal Works (Septic Installer): A. David H. Fletcher, Plymouth, MA

Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve David Fletcher as a septic installer. (Unanimously, voted in favor.)

B. Joseph M. Martins, Dennis, MA

Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve Joseph Martins as a septic installer. (Unanimously, voted in favor.)

C. Adam Riker, Yarmouth, MA

Upon a motion duly made Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve Adam Riker as a septic installer on the condition that the references are good. (Unanimously, voted in favor.)

VIII. Old Business/New Business:

Harry Grong for The British Beer Company, 412 Main Street, Hyannis (continued from Oct. 2008 and Aug. 2008), with results of grease trap log.

The British Beer Company gave the results of the grease trap test. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve the restaurant be pumped quarterly for the grease trap for the British Beer company and the power wash for the outside tables is approved. (Unanimously voted in favor.)

Vote for Officers: Dr. Canniff nominated Dr. Miller as Chairman for the year. Mr. Sawayanagi seconded the motion. The Board voted to approve. Dr. Canniff nominated Mr. Sawayanagi as Vice Chairman for the year. Dr. Miller seconded the motion. The Board voted to approve. Notice announcement: Leah Curtis notified the Board that there will be an education meeting with the Town Attorney covering the State Open Meeting Laws on February 12, 2009, beginning at 7pm in the Hearing Room for the Board members who would like to attend. Voted to Adjourn. 4:50 pm.


Tuesday, March 10, 2009 at 3:00 PM Town Hall, Hearing Room


I. Hearings – Housing (New): A. Harry Reynolds representing Tim Maloney, owner – 104 Unit A & B

High School Road, Hyannis, one (1) variance from ceiling height.

Harry Reynolds was present and explained the house was built in the 1890’s. The house has the original ceiling and it does not meet the standard code. It is too low. Mr. McKean said the staff is comfortable with the approval of the ceiling height. The living area and the bedroom(s) have a ceiling height of 6’9” which is greater than the 6’8” state regulation. The bathroom ceiling is only 6’2”. Upon a motion duly made by Dr. Canniff, seconded by Dr. Miller, the Board voted to approve the variance of the ceiling height to accept the existing dwelling. (Unanimously, voted in favor.)

II. Septic Variance (Cont.):

POSTPONED A. Michael Ford representing Michael and Gisa Belanger, owner – 100 TO APRIL 14 Cross Street, Cotuit, Map/Parcel 033-032, 0.9 acre lot, four

(4) variances for repair (continued from Oct and Dec 2008)

The Board asked that Mr. Ford be informed to appear at the next meeting even if just to give the status. B. Stephen Haas, Eagle Surveying, representing Joyce Wheeler, Judith Deveney and Jeff Wheeler, owners – 120 Main Street, Centerville, M/P 208-058, 29,000 square foot lot - five (5) variances requested. (continued from February 2009) Stephen Haas said they have submitted the plan to MA DEP as it was determined that a separate approval from them is required. The revised plan specifies a 2-bedroom plan



versus the 3-bedroom to further note that they intent is to limit the use to a 2-bedroom parcel. Upon a motion duly made by Dr. Canniff, seconded by Dr. Miller, the Board voted to approve the variances on the plan dated 1/21/09 and signed 2/20/09 with the following condition: a two-bedroom deed restriction be recorded at the Registry of Deeds and a proper copy be supplied to the Public Health Division. (Unanimously, voted in favor.)

III. Old Business/New Business: A. Clarification of Requirements and Deadlines Regarding the Installation of

Touchless Faucets and /or Hands-free Sinks at all Food Service Establishments.

Mr. Columbo, Hyannis BID, was present. He did not recall a time frame of touchless faucets for public toilets having a deadline of 5 years. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff , the Board voted to approve the regulation as proposed by Mr. McKean. (Unanimously, voted in favor.) *Dr. Canniff commented he does not prefer to extend the deadline to the public toilets to be 5 yrs.

B. Variances for Septic Repairs Which May Be Immediately Granted by Board

of Health Agent or by a Health Inspector Dr. Miller suggests the removal of the word “immediately”. He suggests there be some type of protocol for how to handle difficult plans, i.e., having multiple people review the plan. All were in agreement to eliminate the word “immediate”. The current policy allows the Health Inspectors to approve variances at the counter in four situations. The proposal is to modify #1 to allow staff to approve setback variances from the foundation for new additions / construction as long as there is no increase in flow. Dr. Canniff and Dr. Miller both expressed a desire to have the inspectors be allotted more opportunity to review the plans. The policy is to have the inspectors approve at the counter the same day as much as possible. The Board requests, prior to the meetings, all septic applications being brought before the Board be processed against the 3-4 page checklist the inspectors now have. The Board is willing to change the requirement of all paperwork being submitted to the Board 10 days prior to meeting date to 15 days, if necessary. Dr. Miller suggested that Dr. Canniff, Thomas Geiler, Thomas McKean, and himself meet and have a discussion of the approval process.

Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve the proposed revisions, also with the adjustment to the name of the regulation “Variances for Septic Repairs Which May Be Granted by Board of Health Agent or by a Health Inspector”. (Unanimously, voted in favor.)

C. Proposed Fee Schedule Revisions

Propose $25 fee for multiple rental units in the same building by the same owner, increase to $45. The standard fee of $90 will continue to be in effect for the initial unit at the property by the owner. Dr. Miller suggests that we should notify the engineers of our complete list and state that plans will be rejected and charged an additional fee to resubmit for review of $50. The Board voted to approve all the fees.

March 10, 2009 Page 1 of 1

BOH April 14, 2009 Page 1 of 6


Tuesday, April 14, 2009 at 3:00 PM Town Hall, Hearing Room


A regularly scheduled and duly posted meeting of the Barnstable Board of Health was held on April 14, 2009. The meeting was called to order at 3:00 pm by Chairman Wayne Miller, M.D. Also attending was Junichi Sawayanagi. Paul Canniff, D.M.D. was unable to attend. Thomas McKean, Director of Public Health, and Sharon Crocker, Division Assistant, were also present.

I. Show-Cause Hearing:

Marilyn Higgins and Cindy Gold at 92 County Seat, Hyannis – Refuse Violations.

II. Hearing: Septic: A. Ronald Mycock, Mycock Real Estate, representing Diane Roper,

owner - 41 Shell Lane, Cotuit, requesting extension of septic repair deadline.

Ron Mycock represented the owner. The house is for sale and no one has lived there since last August 2008. They request an extension until a sale and will not have any occupants live in it. Currently, no furniture is in the house. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Miller, the Board voted to approve the extension for one year or 90 Days after the sale of the house whichever is sooner with the following condition: 1) no one shall occupy the house until the septic system is repaired and, 2) the owner’s agent will make sure the septic system area is safe and secured from anyone falling in. (Unanimously, voted in favor.)

POSTPONED B. Michael Picard, owner – 288 South Main St, Centerville, UNTIL requesting extension of septic repair deadline to March 14, 2010. MAY 12, 2009 Dr. Miller asked Mr. McKean for the date of the original flooding. Original flooding

was in Nov 2005 and there have not been any occupancy there since. The item


200 Main Street, Hyannis MA 02601 OFFICE: 508-862-4644 Wayne Miller, M.D. FAX: 508-790-6304 Paul Canniff, D.M.D. Junichi Sawayanagi


will be continued until May 12, 2009 and the Board will require no occupancy continue if the extension is granted.

III. Hearing – Housing:

Deborah and Ralph Krau, owners – 312 Compass Circle, Hyannis, -housing violation, bedroom count. Mr. and Mrs. Krau were present and reviewed the fact that they have followed our rental policies and limited the lease to five people. In 2008, the rental certificate stated it as a three bedroom and may have five adults in it. The issue is that the design of the house has an office which qualifies as a fourth bedroom. The basement has a bedroom and there are two bedrooms and an office on the top level. They have two options: 1) to extend the doorway to 4 feet in the office, or 2) to put a three-bedroom dead restriction. The Board and the owners can not prevent the occupants from actually sleeping there. However, the deed restriction will allow the Board and owners to be covered in meeting regulations. The owners will respond to the Health Division on their desired choice.

IV. Septic Variance (Cont.):

A. Michael Ford representing Michael and Gisa Belanger, owner – 100 Cross Street, Cotuit, Map/Parcel 033-032, 0.9 acre lot, four (4)

variances for repair (continued from Oct and Dec 2008) Mr. Ford presented the plans. The Board had indicated that they needed more information on how the three bedrooms were arrived at. Mr. Ford provided an affidavit from the owners stating they purchased the house in 1978. Prior to their acquisition, he had pictures showing windows existed in late 1977. In 1978, they made repairs to sea wall. And took out a building permit to do sill work and they did work on the three bedrooms (2 down and 1 up). Downstairs bedrooms used for children and parents used upstairs bedroom. Once children went to college, they rented it out as a three bedroom. They did obtain the necessary housing registration certificates. There was never a problem presented in the size of bedrooms or anything else through this time. The town is no longer interested in acquiring the property as they had been considering. Dr. Miller stated that the only paperwork available is the paperwork from the Building Department in ? 1976 which mentioned that there were 2 rooms (2 bedrooms are not mentioned) and it only calls for a repair of sills. Mr. Ford stated this is a 40,000 square feet lot and it leads us to believe it was intended to say “bed” rooms. This property is used year-round. Dr. Miller stated there are major


setbacks to wetlands areas. The Board will speak to the town attorney as to the use of an affidavit for the historical base. Mr. Peter Sullivan presented information on the groundwater of the property. There is a tidal pond which is also surrounded by BVW. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Miller, the Board voted to Continue until the May 12, 2009 Board of Health Meeting. (Unanimously voted in favor.)

B. Brian Grady, GAF Engineering, representing Joan Remmes-Foy, owner - 536 Shootflying Hill Road, Centerville, Map/Parcel 193-029, 17,420 square foot lot, four (4) variances requested on failed system, revised plan from the approved Feb 2009 plan.

Brian Grady presented the revised plan. There is a slight difference in the tanks as the new one is a shallower tank. Mr. McKean did not have any issues with the plan. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Miller, the Board voted to approve the revised plan signed and dated 3/26/09–with the following conditions: 1) a properly recorded three-bedroom Deed Restriction, and 2) a copy of the deed restriction will be supplied to the Public Health Division. (Unanimously, voted in favor.)

V. Septic Variance (New):

A. Stephen Wilson, Baxter Nye Engineering, representing Pittsburgh National Bank, owner – 129 Island Avenue, Hyannis, Map/Parcel 265-018-002, 9,080 square feet lot, repair of failed septic system, setback variance to coastal bank.

Stephen Wilson presented the new plan. The new plan has 1) removed the garbage disposal, 2) leach field measurement has been adjusted, 3) a riser was put on the D-Box, 4) the D-Box is 97 feet from the seawall in lieu of 100 feet, thus the variance for this was added, and 5) a locust map was added. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Miller, the Board voted to approve the revised plan dated 4/14/09 with the following conditions: 1) a properly recorded 2-Bedroom Deed Restriction, and 2) supply the Public Health Division with a proper copy of the Deed Restriction. (Unanimously, voted in favor.)

B. Dan Speakman representing Robert Booth and Trina Francesconi, owners –

30 Skating Rink Road, Hyannis, Map/Parcel 291-119, 0.29 acre parcel, three (3) variances for repair of septic system.

Dan Speakman presented the plan. He recently received the checklist for submitting plans and reviewed the checklist notes with the Board. The dwelling is currently a 2-bedroom and there is no increase in flow submitted. One item on the checklist which the Board will have Brian Dudley clarify what constitutes a vent needed, along with


which measurement of incline is used (ie, average, maximum or minimum.) Is the measurement started at the top of peat stone? Or at top of invert? Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Miller, the Board voted to approve the plan dated March 22, 2009 pending clarification from DEP of the need to vent the system, with the following conditions: 1) a 2-Bedroom Deed Restriction properly recorded, and 2) a copy be furnished to the Public Health Division. (Unanimously voted in favor.) (4/16/09 Mr. Speakman stated he will be installing a vent.)

C. Down Cape Engineering representing Carl and Stephen Syriala, owners – 1630 Main Street, West Barnstable, Map/Parcel 197-024, 0.88 acre lot, 4 setback variances for repair of system.

Dan Ojala was present and reviewed the submitted plan. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Miller, the Board voted to approve the plan dated 4/14/09 with the following conditions: 1) a three-bedroom deed restriction properly recorded, and 2) a proper copy of the deed restriction supplied to the Public Health Division. (Unanimously, voted in favor.)

VI. Variance – Food (New): A. Paulo Brandao Santos for PSPJ Ebenezer, 459 Main Street,

Hyannis, new owner, grease trap variance. Mr. Paulo Brandao Santos was present. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Miller, the Board voted to approve the grease trap variance for the same number of seats as prior owner, with the following condition: will use all disposable paper goods. (Unanimously voted in favor.)

B. Peter Scalata and William Achion, The Coffee Table Cafe, 230A

Ocean Street, Hyannis, increase in seating proposed, only three bathrooms provided.

Mr. Scalata and Mr. Achion were present. They stated that currently they use 100% paper and plastic. They do not use glass dishes. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Miller, the Board voted to approve 20 additional seats with the following condition: 1) Hyline is willing to present the Board with a letter stating patrons of the Raw Bar/Coffee Table building will be allowed to use the bathroom facilities in Hyline’s main building (at least two bathrooms may be used), 2) the Coffee Table Café’s restrooms in their building must have proper signage informing patrons that additional restrooms are available at HyLine’s main building. (Raw Bar will


remain at 59 seats and the Coffee Table Café will have 40 seats.), and 3) continue with the condition from the variance issued 4/8/08 requiring the Raw Bar and the outside dining area must be separated by proper screening to prevent the entrance of insects and rodents. (Unanimously, voted in favor.)

VII. Discussion: George “Skip” Simpson, Anchor-in, One South Street, Hyannis – discussion of qualified swimmers and lifeguard coverage at pools.

Skip Simpson spoke of the current status that other neighboring towns do not require lifeguard and/or qualified swimmers at all times. In the last 12 years, there have not been any drownings in any pools here and he proposed revisiting the requirements for pool supervision. The Town of Barnstable did experience drowning. Ideas passed around were that …there must be a person on the property who has CPR training, signage ..”swimming at your own risk” should be present, no swimming alone, the pool door can have a noise installed to go off once someone opens the door so all in vicinity are aware someone is entering the pool area. The area must be secured. No children alone. The Board is willing to research the other towns in the area and will Continue to the May 12, 2009 Board of Health meeting for a decision before the summer season.

VIII. Old Business/New Business:

A. Continental Breakfast at Motels and Hotels. Dr. Miller feels strongly in wanting to continue to restrict the foods. No eggs, pancakes, etc. Mr. McKean will write up a policy to allow Motels and Hotels included in the regulation for continental breakfasts.

B. H20 Loading of Chambers and Distribution Boxes Under Driveways. Dr. Miller believes the Board would want H20 under driveways. It must come before the Board for a variance. If there is an H20 component under the driveway which has never come before the Board to obtain a variance, then it must come before the Board for a variance. During an inspection, this situation came up and the inspector was unsure on our town’s ruling. The answer was determined that yes, if there is a component under the driveway, it would be a failed system for a real estate transfer until it applied for a variance and was granted.

C. Impervious Liners versus Spray Applied to Foundation.


More information must be gathered before the spray would be approved.

D. Farmers Market - State had prohibited selling raw shellfish in bulk but will now allow a temporary food permit.

The Board will allow the above food proposed to be sold at the farmers market will a temporary food permit. If it becomes a time-consuming task to check all the proper tags, etc, the Board may increase the fee for it. Motion to adjourn 5:15pm.

BOH May 12, 2009 Page 1 of 8




A regularly scheduled and duly posted meeting of the Barnstable Board of Health was held on May 12, 2009. The meeting was called to order at 3:00 pm by Chairman Wayne Miller, M.D. Also attending was Junichi Sawayanagi. Paul Canniff, D.M.D. and Thomas McKean, Director of Public Health were unable to attend. David Stanton, Health Inspector - Public Health Division, and Sharon Crocker, Division Assistant, were also present.


Marilyn Higgins and Cindy Gould at 92 County Seat, Hyannis – Refuse Violations.

Continued to the June 16, 2009 meeting. Mrs. Higgins and Ms. Gould were unable to attend. The Board of Health would like the owner to appear as this has been a repeat issue. The Board is informed the property has been cleaned up.

II. Hearing: Septic:

A. Michael Picard, owner – 288 South Main St, Centerville, requesting extension of septic repair deadline to March 14, 2010.

Michael Picard was present. He stated that the Public Health Division sent him a letter in Nov 2008 requesting him to fix the septic system. He was planning to sell the property. However, at that point, a neighbor had contractors working on the neighbor’s property and their error caused Mr. Picard’s house to be completed flooded. His attention has been on the repairs to the house and no one is able to live in it at this time. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Miller, the Board voted to approve the extension of the deadline for the septic repair to March 14, 2010, with the condition that the house is not occupied during that time.

III. Hearing – Underground Storage Tank: A. Bill Larmee, owner – 3625 Main Street, Barnstable.


200 Main Street, Hyannis MA 02601 OFFICE: 508-862-4644 Wayne Miller, M.D. FAX: 508-790-6304 Paul Canniff, D.M.D. Junichi Sawayanagi


Issue was resolved prior to the meeting. The Fire Department submitted the paperwork showing the tank was removed in 1998.

IV. Septic Variance (Cont.): Michael Ford representing Michael and Gisa Belanger, owner – 100 Cross Street, Cotuit, Map/Parcel 033-032, 0.9 acre lot, four (4) variances for repair (continued from Oct and Dec 2008)

Mr. Ford and Mr. Peter Sullivan attended. There have been three bedrooms at the site since 1987. In summary, 1) the BOH was going to seek some legal advice from the legal department as to whether the BOH should accept an affidavit stating the bedrooms have been in existence for the past 20 years in lieu of historical paperwork not available in the files, and 2) this case is also complicated in that the size of the bedrooms and their ceiling heights do not conform with a standard bedroom. Mr. Ford stated the owners would consider revising the plan. Dr. Miller said the biggest source of confusion is the difference between the Public Health Division and the BOH. The Public Health does accept affidavits with two conditions: 1) that no action is required by the Board of Health on the application, and (2) there are no existing documents in the town files to show what the flow should be. The Board of Health has only received an affidavit in a few rare cases over the nine years Dr. Miller has been on the Board. These times have been when there is a conflict in the paperwork in the file with contradictory information, i.e., flow amounts, and (2) the affidavits are from either the original installer or the original owner. This property is a very sensitive environmental property and extensive variances are being requested. The paperwork on file says, “it was a two room house”. Dr. Miller accepts that it has been a three bedroom for a very long time. The Board proposed a compromise that the sleeping loft can stay provided it meets the definition of a loft which does not qualify as a bedroom and the Board would then allow the two bedrooms with the sleeping loft. Mr. Ford suggests that we table the matter until later in the meeting so he can discuss it with his clients. The current design of the septic system is not providing much protection to the environment. The new Innovative Alternative (I/A) septic system would improve the environment and is a good compromise. ------------------------- Mr. Ford came back in after speaking with his clients and stated they are interested in the approval of the 2 bedrooms and a loft. Mr. Ford volunteered to draw up a draft decision of the agreement discussed.


Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Miller, the Board voted to continue this to the June 16, 2009 Board of Health meeting where Mr. Ford will have a draft decision of the two bedroom with a loft provided the loft is not designed to meet the qualifications of a bedroom. (Unanimously, voted in favor.)

V. Septic Variance (New):

A. Stephen Wilson, Baxter Nye Engineering, representing John Spargo – 178 and 188 Merchant Mill Way, repair of failed system, Map/Parcels 266-024 and 266-037, 1.1 acres (upland), variance to reg. 360-1; setback requirement of pump chamber to BVW to 82 feet in lieu of 100 feet.

Steve Wilson presented plan. The parcels are 2.1 acres. Upon a motion duly made by Mr. Sawayanagi, duly made by Dr. Miller, the Board voted to approve the plan submitted with the condition of a three-bedroom deed restriction properly recorded at the Barnstable Registry of Deeds, and 2) a proper copy of the deed restriction be submitted to the Public Health Division. (Unanimously, voted in favor.)

B. Brian Yergatian, BSC Group, representing Timothy and Eila Desrocher,

owners – 3072 Falmouth Road, Marstons Mills, Map/Parcel 099-029, 2.2 acre parcel, requesting variance from 310 CMR 15.203 (4) to vary the design flow rate for the daycare facility.

Brian Yergatian presented the plan for the daycare facility. BSC Group based the part-time children at a rate of 0.75 Full Time Equivalent (FTE). Also, they will be using all low flow plumbing fixtures. Currently, the owners, Building Blocks water usage falls much below the standard. The owner, Tim Desrocher said he believes it is because of their diligence on responsible hand washing. They use 1.6 gallons/child/day. They have a new (2 year old) leaching system and they would like to use the current leaching system. Brian does believe the Building Block’s numbers are accurate and he did compare them to the other facilities in town. They compared the water flow rate with Stepping Stones. The standard state usage numbers is lower than the amount Stepping Stones uses and they feel this is due to the irrigation system they have. Mr. Desrocher said his water use is 4,300-4,400 gallons/year. David Stanton, Health Inspector, said he spoke with Brian Dudley who stated the state had recently reviewed the flow numbers for daycare facilities and Brian feels they are pretty accurate. Mr. Stanton also noted that if the applicant is approved, they would need to submit a revised plan listing the dimension of the reserve area so that setbacks can be


evaluated. Prior to this, the property was used as a doctor’s office (250 gal/day) and a three bedroom home (330 gal/day). Thus, this lot which is less than 2 acres, is grandfathered in at a daily flow of 580 gallons/day. Mr. Stanton said he is concerned using the low number of 1.6 gal/child/day. This does not seem to be a reasonable amount of use. Dr. Miller had the same concern of using the low rate for the daycare facility. This property is in a well protection zone as well. Dr. Miller suggests using the average of the three facilities. This would come out to 4.8 gal/day, then the state requires the number to be doubled, bringing it up to 9.6 gal/day. The flow rate proposed here is 6 gal/day and that would mean you would have to have 3.0 gal/day of use. Dr. Miller stated another concern is that once the Board grants the flow, it becomes available to all at that location and others may not be so diligent in conservation. Mr. Desrocher suggested using a stipulation in the approval that low flow fixtures must be used to receive the flow rate. Dr. Miller suggested (1) the applicant obtain additional numbers from daycare facilities in the area/region, and (2) The Board discuss with the Town Attorney what wording might work for the Board to restrict the lot and yet, approve this. Mr. Desrocher pointed out that it is a low nitrate situation because many children are in diapers and not using the toilet facilities. There are three classrooms in diapers and the facility is open 7:30-5:00pm five days/week. Dr. Miller suggested that if the Board accepted the low flows, there should be a stipulation to revisit the flow rate annually and the applicant must keep in mind, that it may result in the allowable number of children attending the daycare. Brian Yergatian, BSC Group, asked Dr. Miller if it would be acceptable to apply a local regulation from Zoning to this. Dr. Miller was given a copy of the regulation (Chapter 48 zoning exempt for daycare) and will check into it. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Miller, the Board voted to Continue this to the June 16, 2009 Board of Health meeting. (Unanimously, voted in favor.) VI. I/A - Monitoring Plan Review : Mary Hash (unable to attend), owner – 1199 Craigville Beach Rd, Centerville, requesting reduction of quarterly monitoring on Omni I/A System of seasonal property. Mrs. Hash lives out of town and wrote a letter with the request.


Dr. Miller acknowledged that the I/A system does not work well when they are only used seasonally and suggests the monitoring be changed to once yearly. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Miller, the Board voted to approve the I/A system to an annual monitoring while it is a seasonal rental. (Unanimously, voted in favor.) VII. Variance – Pool:

Jill Gulden, Trustee and Manager, Captain Gosnold Village – 230 Gosnold Street, Hyannis, requesting variance to continue operation of pool without a main drain, (pool drain/grate covers must conform to the American National Standard ASME A112.19.8).

Jill Gulden said the condominium association obtained a quote for the work of a main drain to comply with the recent state regulation and received an estimate for the work was over $16,000. She is requesting they be allowed to operate without a main drain. The new regulation was put through to avoid accidents in being pulled in to the main drain. The state has come up with requiring a cover over the main drain. As an alternative, the Federal government had suggested filling in the main drain to avoid being trapped in it. David Stanton, Inspector, stated he has inspected the property in the past and they always have had good inspections with crystal clear water and proper care has been demonstrated. Mr. Stanton said there is latitude in the state regulation to issue a variance provided minimum standards are met and cost manifests injustice. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Miller, the Board voted to approve the variance be granted to Captain Gosnold Village to operate the pool without a main drain as they have demonstrated proper care of their pool facility, the water quality has always been good, and the cost of the drain manifests injustice. (Unanimously, voted in favor.) VIII. Variance – Food (New):

A. Edgar Gevorgyan, Erica’s Café – 640 Main St, Hyannis, Map/Parcel 308-053, new food establishment location, request for variance from regulation 322-3, grease trap.

Edgar Gevorgyan withdrew request – deciding not to open a food establishment at that location.

B. Richard Bibeault, Farmers Market, Hyannis, and vendor, Valerie

Brown, Women and Infant Care (WIC) –new food items to host food demonstrations.


Richard Bibeault and Valerie Brown were present. David Stanton, Health Inspector, had Valerie break down in more detail how much handling would be done with the cereal, etc. Also, Valerie explained the salad would all be pre-washed. The State Public Health requires WIC to perform a demonstration once a year. Mr. Stanton said the staff does not have an issue with this request. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Miller, the Board voted to approve the addition of the following food items: salad and cereal - provided the preparation of salad and cereal is made in approved facility with a servsafe certified person. They may then mix the products at the Farmer’s Market as a demonstration of the WIC program. (Unanimously, voted in favor.)

C. Farmers Market, Hyannis, proposed vendors, Jenifer Holloman and Jason Beetz of Ocean Song Farm, interested in selling pork and lamb.

CONTINUED to June 2009 BOH. They were not present.

D. David Lawler, representing British Beer Company – 412 Main Street, Hyannis, Map/Parcel 309-221, variance from the grease trap with additional seating.

David Lawler, Attorney, and John Liberty of Bluewaters were present. The new Bluewater trucks are separators so they can tell how much of the product pumped from the grease trap is going to treatment and how much is not grease, but water. There is a gauge right on the truck which the septic plant can view before dumping to see the percentage of grease. David Lawler proposed that they receive approval for 193 seats (158 in, 15 Bar, and 20 out). The current grease trap is 2,000 gallons (normally approved for 133 seats) The cost of a grease recovery device would be $3,500 to $4,000. He also proposes that they pump the grease trap four months in a row (June 15th, July 15th, August 15th and September 15th) to attain the actual grease during their busy season. To date, Bluewaters pumped them in Nov 2009, Jan 2, 2009, and April 2, 2009. The grease has only been 22 percent, however, this was not during their busy season. David Stanton stated the applicant should confirm with Peter Doyle at our Water Pollution Control plant that he is all right with the 25% grease factor as it is the sewer treatment plant’s pipes which are affected. The Board agreed. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Miller, the Board voted to approve a temporary increase in seating to 193 seats (173 inside, 20


outside) until the permit of September 30, 2009, with the following conditions: (1) the grease trap will be pumped out monthly on Jun 15, Jul 15, Aug 15 and Sep 15, (2) if there is more than 25% grease removed during the pumping, the pumping requirements will be increased beginning at every 3 week interval, (3) they will come back to the Board at the August meeting and submit the reports for Jun 15 and Jul 15, provided the applicant has received confirmation from Peter Doyle, Water Pollution Control that the 25% grease level is acceptable to him. The Board will continue to review. (Unanimously, voted in favor.)

E. Royden Richardson representing one day event, Great Hyannis Road Race / Chips House, requesting a temporary food permit for May 24, 2009.

Mr. McKean had spoken to Dr. Miller and expressed he did not have a problem with the temporary permit. They are serving hot dogs. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Miller, the Board voted to approve the temporary permit for an annual event with the submitted menu. (Unanimously, voted in favor.) IX. Subdivision(s):

Dan Ojala, Down Cape Engineering, representing Bush-Brown, Frances W. Estate of and Gimbel, Leslie, Trustee – 138 & -0- Pine Lane, Barnstable, Definitive Plan Subdivision, # 818 Map 278, Parcel 47 & 48, 2 lots on 4.75 acres, on-site septic systems, (Definitive Plan-Planning Board is May 11, 2009).

Dan Ojala attended the meeting and presented his plan. Dr. Miller asked Dan about the location of the septic on Lot# 8 as part of the lot falls in the Well Protection Zone. Dan said he can easily place the septic outside the zone on the lot. The Subdivision has public water. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Miller, the Board voted to approve the Definitive Plan Subdivision# 818, with the following conditions: 1) all septic will be outside the Well Protection Zone, if at all possible, and 2) the standard basic conditions of subdivisions (i.e., no burying of stumps, etc.) are met. (Unanimously, voted in favor.)

IX. Old Business/New Business:

A. Letter from Mr. Simpson, Anchor Inn: The health staff had found that there is such a difference in the numbers of accidents when swimmers are in the presence of a lifeguard and not.


Dr. Miller asked David Stanton, Health Inspector, to have information submitted as to the staff’s suggestions on what may be a course of action to take for swimming protection. He suggested three scenarios: (1) no coverage and base it on the size of the pool (i.e., whether a shepherd’s crook can reach a person in the pool), (2) using Qualified Swimmers, and (3) Using lifeguards. Potential items to include in consideration would be if the pool had additional items in/on it as in diving boards, or whether it is a wave pool. Currently, we are the only town on the Cape who require lifeguard/qualified swimmers. David mentioned the shepherd’s crook is required by the state for outdoor pools at this time. The Board determined that the topic will be tabled until more information can be gathered to determine the best course of action. The Board does not think they will be able to make a decision before the summer session.

B. Deborah Watson, Hot Dog Boat She was under the understanding that she was to be on the agenda today. She is interested in having a Boat with cooked food and motoring up to other boats and selling take-go food. The Board expressed apology for any mix up in the agenda. However, they said they will need a proper amount of time to consider this. They also explained that there is an established town requirement that prohibits temporary food permits on repeated, regular occasions without a proper food preparation kitchen. Dr. Miller suggested meeting with Thomas McKean first to obtain his input. Motion to Agenda 4:30.

BOH June 16, 2009 Page 1 of 6




A regularly scheduled and duly posted meeting of the Barnstable Board of Health was held on June 16, 2009. The meeting was called to order at 3:00 pm by Chairman Wayne Miller, M.D. Also attending was Junichi Sawayanagi. Paul Canniff, D.M.D. was unable to attend. Thomas McKean, Director of Public Health, and Sharon Crocker, Division Assistant, were also present.


Marilyn Higgins and Cindy Gould at 92 County Seat, Hyannis – Refuse Violations.

No one was present. The Board requested a letter be sent to the owner to remind them that there is still an open issue with the Board and if there is no attendance at the July 14, 2009 Board of Health meeting, then the Board will take action without any future input.

II. Show-Cause Hearing: Septic

WITHDRAWN - A. Maurice and Flora Curtis, owners – 364 Mitchell’s Way, REPAIRING SEPTIC Hyannis, septic failure.

A. Bruce Dion, owner – 692 Wakeby Road, Marstons Mills, septic issue.

August 9, 2006, a septic inspection was turned in saying the system failed. There have been order letters sent : Aug 2006, Oct 2006, and Feb 2009. The leaching pit was full at the time of inspection. Bruce Dion said he had put his house up for sale and later had to take it off the market. Since then, he moved to Florida and has now moved back in the past 5 weeks. Bruce Dion is now in the process getting bids to repair the septic. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Miller, the Board voted to approve an extension of the repair deadline to October, 2009 with the following condition: the system will be checked and will be regularly pumped as needed. If the repair is not completed by October 13, 2009 Board of Health


200 Main Street, Hyannis MA 02601 OFFICE: 508-862-4644 Wayne Miller, M.D. FAX: 508-790-6304 Junichi Sawayanagi Paul Canniff, D.M.D.


meeting, then Mr. Dion must come before the Board. (Unanimously, voted in favor.)

WITHDRAWN - C. Alan Curtis and Gail Egan, owners – 8 East Avenue, REPAIRING SEPTIC Osterville, septic issue.

D. Elizabeth Miller, owner – 1610 Main St, West Barnstable, septic issue.

No one was present for the owner. Karen Malkus, Coastal Resources-Public Health Division, spoke of her communications with Elizabeth Miller. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Miller, the Board voted to allow an extension of 60 Days from today, June 16, 2009, to (1) fix the septic system, or (2) provide the Board of Health with proof definite that it is not in failure and owner will appear at the August 4 Board of Health Meeting. (Unanimously, voted in favor)

III. Hearing – Housing: Kimberly Wolfe, owner – 12 Old School House Road, Hyannis, housing/rental issue. Kimberly Wolfe and Lori Evans were present. Kimberly said she has removed the bed in the basement as there is not a second means of egress. There is only a sofa there, which is acceptable. Ms. Wolfe was looking for clarification on whether as a owner and not a renter, whether she would be allowed to have a bed in basement. The Board informed her it is not permitted for either type party due to safety reasons. No action is needed. IV. Hearing – Underground Storage Tank:

WITHDRAWN - Collette and Allan Goodman, owners – 20 Cross OWNER REMOVING TANK Street, Cotuit, older underground storage tank.

V. Septic Variance (Cont.):

A. Michael Ford representing Michael and Gisa Belanger, owner – 100 Cross Street, Cotuit, Map/Parcel 033-032, 0.9 acre lot, four (4) variances for repair (continued from Oct and Dec 2008)

Michael Ford presented his draft of the agreement from the May meeting. He stated the compromise of the owners being allowed to use their loft to sleep was the whole reason why the owners agreed to the compromise and he had concern of it not being written into the variance letter. Much discussion went back and forth.


Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Miller, the Board voted to approve the structure as a two bedroom with the following wording (1) “No more than two bedrooms may be allowed in the dwelling”. In addition to the two bedrooms, the loft may be used for sleeping purposes. Nothing contained herein shall be construed to mean that the loft is to be considered as a designated bedroom.” With the following conditions: A) the two bedrooms will be brought up to code in room size, and B) a two bedroom deed restriction be recorded at the Barnstable County Registry of Deeds with the same wording as (1) above, and C) a proper copy of deed restriction be supplied to the Public Health Division. (Unanimously, voted in favor.)

B. Brian Yergatian, BSC Group, representing Timothy and Eila Desrocher,

owners – 3072 Falmouth Road, Marstons Mills, Map/Parcel 099-029, 2.2 acre parcel, requesting variance from 310 CMR 15.203 (4) to vary the design flow rate for the daycare facility.

Brian Yergatian and Tim Desrocher were present. The calculations they offered for the rate of flow per child will be reviewed by the Public Health Division and they will review it with Brian Dudley. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Miller, the Board voted to Continue to July 14, 2009. (Unanimously, voted in favor.)


A. George Heufelder, Barnstable County Health Director, regarding 91 Juniper Lane, Centerville, minor septic system modification.

George Heufelder presented a remediation plan for hydraulic failures by aerating the leach field to rejuvenate the field and extend its life. The technology is recommended as a temporary remedy for properties which have sewer coming to their area soon. Further research will be needed to determine whether it is good as a permanent solution. The method is to force air through the leach field. By doing this, carbon dioxide is displaced and oxygen is added which breaks down the waste as efficiently as it can. It eventually eats organic waste matters of the leach field and rejuvenates the field. George said that careful monitoring and reporting back to the Board is not a problem. In answer to the Board’s inquiry into how long a waiting period should be given to verify whether the aeration worked, Mr. Heufelder stated a 30-Day period would be appropriate. In lieu of a septic permit being issued for this type of an emergency repair, a form letter will be composed for the remediation plan. The remediation plan letter will be issued similar to an emergency septic repair (the repair will be permitted to correct the problem and then it will be brought to the Board to keep them informed.


The Board asked Mr. McKean and Mr. Heufelder to compose a form letter to be for granting the use of the aerating system. The letter will cover the following items: 1) the specific intervals at which the monitoring will occur, 2) it will list the criteria(s) of recognizing when the remediation plan is not functioning successfully, and 3) it will state that if there is no marked improvement within 30 days, it will be deemed a failure and a standard repair will be necessary. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Miller, the Board voted to approve George Heufelder’s remediation program for 91 Juniper Lane, Centerville, with the conditions: 1) a 30-day time period is allowed after the aerating of the system to determine whether it was successful, and 2) the results will be reported to the Board of Health. (Unanimously, voted in favor.)

B. Sullivan Engineering representing J. Robert Casey, Trustee – 71 Ocean View Avenue, Cotuit, Map/Parcel 034-045, 4.66 acre parcel, two setback variances and variance for soil suitability.

Peter Sullivan presented the plan. All buildings on the plan currently exist. There are two septics which failed and will be replaced. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Miller, the Board voted to approve the plan dated 5/01/09. (Unanimously, voted in favor.)

C. Dan Ojala, Down Cape Engineering representing Patricia Hammel-Murphy, owner – 7 Great Hill Road, Centerville, and -0- Old Stage Road, Marstons Mills (2 adjoining parcels on village lines: Map/Parcel 173-078 and 173-005, 15+ acre parcel (total), four setback variances, new construction of two bedroom.

Dan Ojala presented the plan. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Miller, the Board voted to approve plan with the following conditions: 1) the plan will be revised to show an effluent filter on the outlet of the tank, 2) the two lots will be combined to one lot prior to a permit being issued, 3) a two-bedroom Deed Restriction will be recorded at the Barnstable County Registry of Deeds, 4) a proper copy of the Deed Restriction be filed with the Public Health Division, 5) a compost or incinerator toilet will be used, and 6) only grey water will be used in the system. (Unanimously, voted in favor.)

VII. Variance – Food (Cont.): WITHDRAWN Farmers Market, Hyannis, proposed vendors, Jenifer Holloman

and Jason Beetz of Ocean Song Farm, interested in selling pork and lamb.

VIII. Variance – Food (New):


A. Raymond Roy, Five Eighty Six Bistro & Bar – 586 Main Street, Hyannis, Map/Parcel 308-130, 2,000 gallon grease trap, grease trap variance, would like additional seating outside for a total of 179 seats.

Raymond Roy presented his request for an increased number of seats. He expects the increase in seats will be in place by the end of July. The Board, as a rule, have allowed an increase of 25% which would be 167 seats. The Board is comfortable that 179 is close to that. The Board would like to see monthly grease pumping with a break out of the % of grease. The monthly pumpings will be approximately Aug 30, Sep 30, and Oct 30. The results will be submitted to the Public Health Division when it is pumped and the applicant will come back before the Board at the November 10, 2009. Raymond also brought up that his establishment has a vestibule at the entrance and believes the air door would not be necessary- as a pocket of air already exists to catch any bugs prior to the serving area. The Board agreed this would serve the same purpose. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Miller, the Board voted to approve the additional seating to bring the total to 179 seats with the following conditions: 1) the grease trap will be pumped in 30, 60 and 90 days after the increased use, 2) the monthly reports will include the breakout of percentage of grease removed, 3) the monthly reports will be submitted to the Public Health Division monthly, and 4) the applicant will return to the Board of Health for a review of results on November 10, 2009. (Unanimously, voted in favor.)

B. Don Cox, Harborside – 159 Ocean Street, Hyannis, Map/Parcel 326-

039, toilet facility variance. Don Cox was present. The property has one unisex, handicap toilet on the porch. The prior owner was permitted to have 30 seats because the Harbor Master has a two toilet facility across the street and is open late. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Miller, the Board agreed to approve the toilet facility variance with the following conditions: 1) the seating will be 30 seats, and 2) the applicant will remove all seating whenever the toilet facility at the Harbor Master is closed. (Unanimously, voted in favor.)

C. Robert Anderson and Chris Gistis, Comfort Inn – 1470 Iyannough Road, Hyannis, Breakfast menu reheating product only, grease trap variance.

Robert Anderson and Chris Gistis, Comfort Inn, were present.


Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Miller, the Board voted to approve the variance of a food permit for breakfast menu as listed on the submitted menu dated 6/16/09. (Unanimously, voted in favor.)

D. Bruce Wallin representing Historical Society of Cotuit – temporary food application for annual event “A Taste of Cotuit”.

Bruce Wallin was present and answered all inquiries by the Board of the proper preparations for the temporary food event. This year it is scheduled for July 18th for two hours. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Miller, the Board voted to approve an annual temporary permit for “A Taste of Cotuit” with the proposed menu. (Unanimously, voted in favor.)

E. Carol Eklund representing Cape Cod Pet Emergency Network (CCPEN) – 1415 Osterville-Barnstable Road, Marstons Mills, temporary food application for annual event “Country Shindig” benefit August.

Carol Eklund was present. Her operation is also a 100% charitable event. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Miller, the Board voted to approve an annual temporary food event with the submitted menu for “Country Shindig” benefit for Cape Cod Pet Emergency Network (CCPEN). (Unanimously, voted in favor.)

IX. Old Business/New Business: A. Discussion with Town Attorney.

Will go into Executive Session at the end of the meeting to discuss litigation strategies.

B. Discussion of air curtains at service windows.

Mr. McKean presented to the Board the discussion of alternatives for air curtains at food service windows. There are small establishments resisting the installation of air curtains due to the expense. The Board stated they will consider accepting variances for the air curtains at food service windows if a mechanism is put in place that would cause the screen to return to the closed position after the window service is complete. An example of which would be a spring-type mechanism. The Board would not favor something that would allow the screen to be propped open for an undetermined amount of time.


**** Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Miller, the Board voted on a motion to go into Executive Session and not to reconvene afterwards. (Unanimously, voted in favor.) Public Meeting closed – 5:40pm.

Board of Health Minutes – July 14, 2009 Page 1 of 4




A regularly scheduled and duly posted meeting of the Barnstable Board of Health was held on July 14, 2009. The meeting was called to order at 3:00 pm by Chairman Wayne Miller, M.D. Also attending was Junichi Sawayanagi. Paul Canniff, D.M.D. was unable to attend. Thomas McKean, Director of Public Health, and Sharon Crocker, Division Assistant, were also present.

I. George Heufelder – Performance of I/A systems. George Heufelder presented a Power Point Presentation. The presentation analyzed the current I/A systems in the Town of Barnstable and on the Cape. The presentation discussed the pluses and minuses of the various systems in our town: Fast System, Bioclere, Recirculating Sand Filters, Singular, Ruck, and Single Family Septi-Tech. In George’s analysis, I/A generally cost an additional $10K above the standard Title V system for the system itself. Costs: Operating and Maintenance Contract $ 1,200/yr Electric Cost $ 350/yr Effluent Sampling 400 (included in the O&M Contract) Total Annual $ $ 1,550 Assumptions: $10K for additional cost - I/A portion of system 20 year life expectance of system 5% interest rate Total present value of I/A system = $ 35,000* *this does not include the cost of someone to monitor the systems at the County to ensure systems are in compliance. Mr. Heufelder discussed alternatives available among which included composting toilets, urine diversions and composting. One alternative he mentioned which has consistent results is Nitrex and can get its nitrate readings as low as 5 mg/L instead of the required 19 mg/L. The State has approved the use of 50 Nitrex systems. Currently four systems exist in MA including one in Mashpee for a




cluster of homes and one in Eastham. Nitrex has 15 units installed across the country. *The Board of Health will schedule a series of meetings apart from the regular Board of Health monthly meetings to determine whether Innovative Alternative Systems can offer an alternative to sewer treatment. (also see last item – Lombardo Associates.)

II. Hearing – Housing: Jason Ethier, owner – 15 Highland Street, Hyannis, ceiling height. Jason Ethier and Ken (father) Ethier were present. He purchased the house with a 6’8” ceiling. He added a drop-down ceiling himself, not aware of the ceiling height regulation. The house was built in 1945-1950. Mr. McKean read the violation letter which has 10 violations, one of which is the ceiling height. Tim O’Connell, Health Inspector, wrote that he does not believe the owner ever intended to have anyone sleep in the basement. The hearing today is only for the ceiling height. The room is about 10 x 15ft. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Miller, the Board voted to Continue to the September 8, 2009 Board of Health meeting and will measure the ceiling boards to verify whether they can get 6’8” from it. (Unanimously, voted in favor.) III. Septic Variance (Cont.):

A. Brian Yergatian, BSC Group, representing Timothy and Eila Desrocher, owners – 3072 Falmouth Road, Marstons Mills, Map/Parcel 099-029, 2.2 acre parcel, requesting variance from 310 CMR 15.203 (4) to vary the design flow rate for the daycare facility.

Withdrew.

IV. Septic Variance (New):

A. Darren Meyer representing Robert Hallett, owner – 20 Tree Top Circle Marstons Mills, Map/Parcel 150-035, 0.91 acre parcel, four setback to wetlands variances.

Darren Meyer and Robert Hallett were present and discussed the plans. Dr. Miller noted there is an issue with the entrance to the bedroom over the garage. The Building code does not allow the only entrance to a bedroom to be from the garage. (The septic has been repaired as it was an emergency repair.)


Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Miller, the Board of Health voted to approve the variances with the following conditions: approval of the plan’s entrance to the bedroom from garage must be received by the Building Commissioner. (Unanimously, voted in favor.) V. Variance – Food (New):

A. Karl Keppler, Keppler Mgt Co d/b/a McDonald’s – (three locations: Rte 132, 175 North St, Cape Cod Mall), Hyannis, temperature of foods.

Karl Keppler was not present. Thomas McKean read the code and stated there is a variance needed from the federal 1999 Food Code of 3-501.19 to accept the prepackaged Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Miller, the Board of Health duly made a motion to approve a variance from the federal 1999 Food Code 3-501.19 adopted by the State of Massachusetts. (Unanimously, voted in favor.)

B. Kenneth Foster representing Cape Cod Community Education

Foundation – temporary food application for July 17 annual event with hamburgers and hot dogs at Cape Cod Community College.

Ken Foster was present and Liz Lewis. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Miller, the Board of Health voted to approve the annual temporary food permit with the menu of hamburgers and hot dogs. (Unanimously, voted in favor.)

VI. INFORMAL REVIEW:

A. Robert Anderson, owner - 71 Midway Drive, Hyannis, Map/Parcel 252- 069, 0.26 acre parcel, installing a White Knight treatment system. Robert Anderson was present and explained that his house was built in 1966 as a 2 bedroom with an unfinished upstairs. The septic was not increased at the time the additional bedrooms were built in. Dr. Miller stated there are issues to be resolve: 1) need a septic system designed for four bedrooms provided they are not in a restricted zone, or if the property is limited to expansion, Mr. Anderson will have to convince the Board of Health historically that the bedrooms upstairs were put with proper permits even though the size of the septic was an oversight by the town. With the small system, the owner is aware that he will most likely need to replace the whole system. Mr. Anderson said the Building Division has the proper permit in their file. He also mentioned that he is interested in using his property for the White Knight System since he needs to change his entire system.


The Board stated that Mr. Anderson will have to have his engineer look into the MA DEP’s approvals for the White Knight. The MA DEP must approve it before the product is permitted to be used in our town.

B. John Whiteley - septic treatment products including digestase. John Whiteley has contracted with Athea to distribute their products. There are no chemicals, only enzymes. The Board stated the company’s product must appear on the list of Mass DEP’s list (currently of 64 additives approved to be used in this state). Mr. Whiteley will obtain the necessary paperwork. VII. ADDITIONAL ITEM – DISCUSSION: Pio Lombardo, PE, , Lombardo Associates, spoke on the Nitrex System. He had recently done a big presentation to Mashpee Board of Health. He spoke of the Nitrex systems results. The longest functioning Nitrex Sysem has been in the ground for 17 years, and a product designed quite similar to Nitrex has been in use for 25 years. Mr. Lombardo stated he expects the system to last 40-50 years. Parts which need replenishing are the wood chips as they are actually consumed in the process. Every ten years, the owner should add to the wood chip supply. Mr. Lombardo said George Heufelder, Barnstable County Board of Health, tested the Nitrex for three years at his test center and results were very consistent. Mr. Lombardo stated the Nitrex can save money from the cost of hooking up to sewer treatments. The cost of the home’s hook up is included in his analysis. Dr. Miller pointed out that the cost of hooking up to our town’s sewer is not as high as his analysis because we already have room in our sewer system to expand. The cost benefit would be smaller, however, Mr. Lombardo estimates a 25% savings can be acquired and more if a cluster of homes are used. Dr. Miller stated that today’s discussions are the first steps in the Board’s desire to find alternatives to sewer treatment. He said he is interested in gathering people together including Mark Ells, along with the Town Wastewater Subcommittee and Brian Dudley, MA DEP, to discuss the alternatives. Voted to adjourn 4:45pm.


Tuesday, August 4, 2009 at 3:00 PM Town Hall, Hearing Room


A regularly scheduled and duly posted meeting of the Barnstable Board of Health was held on August 4, 2009. The meeting was called to order at 3:00 pm by Chairman Wayne Miller, M.D. Also in attendance was Junichi Sawayanagi. Paul Canniff, D.M.D. was unable to attend. Thomas McKean, Director of Public Health, and Sharon Crocker, Division Assistant, were also present.

I. Hearing - Septic:

POSTPONED Francis and Barbara Ferguson, owners – 512 Whistleberry UNTIL SEP 8, 2009 Drive Marstons Mills – bedroom count. II. Hearing – Housing: POSTPONED Francis Wurzburg - 140 Willimantic Drive, Marstons Mills- UNTIL SEP 8, 2009 ceiling height.

III. Septic Variance (New):

A. Peter McEntee, Engineering Works representing The 699 Main Street, LLC - Fancy’s Market – 699 Main Street, Osterville, Map/Parcel 141-011, 0.17 acre parcel, approval requested for I/A Soil Air System on failed septic.

Peter McEntee presented the observations with the failure of the septic installed one year ago. George Heufelder, Barnstable County, worked with Mr. McEntee on the situation. He told the owners to put an interceptor grease trap inside as well and stressed to scrap all food off items before washing. The solution proposed is to use the I/A Soil Air System. Mr. McEntee expects the system can be installed in September and would come to the Ocober 13, 2009, Board of Health meeting if a 30-day period has passed. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Miller, the Board voted on an emergency installation of the I/A Soil Air System, pending state approval, with the following conditions: 1) if the DEP denies approval, the Board of Health must be notified immediately and the Soil Air System



must be discontinued within 24 hours, 3) must monitor the ponding level two times a week and appear before the Board after the first month to then determine the monitoring after that time, and 4) if pumping is needed or any high water alarms go off, this must be reported to the Board of Health within 24 hours - one working day. (Unanimously, voted in favor.)

III-B. Variance – Food (Cont.): David Lawler representing British Beer Company, 412 Main Street, Hyannis – grease log results.

David Lawler and John LaLiberte, Bluewater, presented the results of the grease trap pumpings. It was pumped on June 16 and July. Each pumping only had a quantity of 1,000 gallons in the 2,000 tank and the percentage of grease was less than 25%. John recommends pumping one more time at the end of August and then change to a three month pumping. Upon a motion duly made by Junichi Sawayanagi, seconded by Dr. Miller, the Board voted to approve the grease pumping schedule of every three months except during the busy summer months of July and Aug. July and August will each be pumped at the end of the month. (Unanimously, voted in favor.)

IV. Variance – Food (New):

Caffe Gelato Bertini, 20 Pearl Street, Hyannis, new owner, two variances requested - toilet facility (1 provided) and grease trap variance, same menu as previous, no indoor seating.

Cynthia and Tom Duby were present. They are interested in running the Business in the same fashion as prior owner with gelato (ice cream) and coffee (expresso). They said the grease recovery device (GRD) was installed by the prior owner as required. The prior owner had a picnic table outside. The Board requested that be changed to a bench and/or chairs. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Miller, the Board voted to approve the grease trap variance and the toilet facilty variance with the following conditions: 1) an under-the-sink grease interceptor (GRD) must be used, 2) the menu is restricted to gelato (ice cream) and expresso (coffee) only 3) only paper plates and plastic utensils shall be utilized. 4) seating for patrons is not authorized, 5) the variances are not transferable, and 6) the decision letter shall be posted on a wall adjacent to the food service permit easily accessible to a health inspector. (Unanimously, voted in favor.)

V. Informal Discussion:

Peter Sullivan, Sullivan Engineering representing Ruth Wells, owner – 35 Navigation Road, West Barnstable, Map/Parcel 156 – 056.

Peter Sullivan and John O’Dea discussed the potential plans for the 5 acre parcel. They have run into clay while trying to replacing the septic system for the 3 bedroom house (currently vacant). They are also interested in setting up a tent for short-term use for a project. Included in the discussion were ideas on composting toilet(s) and self-contained chemical toilet(s). Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Miller, the Board voted to approve the use of a self-contained chemical toilet for a 60 Day period between December 2009 and January 2010. (Unanimously, voted in favor.)


Glenn Harrington representing Steven and Nancy Costello – 255 Scudder Road, Osterville, Map/Parcel 139-014, 045 acre parcel, two, non-environmental variances. Glenn Harrington presented the plan and noted he will be doing a revised plan to fix a type error. The size of septic tank is 1,500 gallons, not 1,000. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Miller, the Board voted to approve the two variances: 1) a setback from foundation to 14 feet in lieu of 20, and 2) depth to grade will be 3 feet 9 inches in lieu of 3 feet with the following condition: a revised plan showing the septic tank as 1,500 gallon. (Unanimously, voted in favor.)

VII. Proposed Revision to Variance Procedure: Proposed Revision, below:

Variances for Septic System Repairs Which May Be Granted by the Board of Health Agent or by a Health Inspector

Paperwork and Hearing Reduction Proposals Approved by the

Board of Health, Revised During a Public Hearing Held on August 4, 2009

1) FOR ALL SYSTEMS THAT HAVE NO INCREASE IN FLOW - Septic system component to

foundation setback (but in no case less than a 50% reduction in the required separation distance), if an impervious liner is designed and installed.

2) FOR ALL SYSTEMS THAT HAVE NO INCREASE IN FLOW- System component installations

proposed more than three feet below grade with proper venting (piped to the atmosphere) and with H-20 loading, but in no case shall the SAS be located more than six feet below grade.

3) FAILED SYSTEMS ONLY – SAS to private onsite well separation distance variances, if located

in the same general location as the old SAS and more than 100 feet separation is proposed, both from the on-site well and any and all wells on adjacent and neighboring parcels.*

4) FAILED SYSTEMS ONLY – Septic tank or pump chamber proposed to be located less than 100

feet but more than 75 feet away from wetlands or a water course.*

5) Additional seating at food establishments, if no more than 25% above the maximum grease trap capacity.

6) Proposals for six or more bedrooms, without any variances, are no longer reviewed by the Board.

*NOTE: If there are two or more variances requested from #3 and/or #4 listed above, the applicant shall instead seek variances from the Board of Health at a public meeting. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Miller, the Board voted to accept the revisions (above) in procedure of approval of variances. (Unanimously, voted in favor.)

VIII. Correspondence:

A. Concerned neighbors of Stewart Creek Letter mentioned a concern of shared septic systems. The Board reviewed and noted the property was permitted for a shared system. No current issues noted.

B. Christine Tuck, 379 South Street, Hyannis- Veteran’s Outreach Center

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Tuesday, September 8, 2009 at 4:00 PM Town Hall, Hearing Room


A regularly scheduled and duly posted meeting of the Barnstable Board of Health was held on September 8, 2009. The meeting was called to order at 4:00 pm by Chairman Wayne Miller, M.D. Also in attendance was Junichi Sawayanagi and Susan Rask, Alternate Board Member. Paul Canniff, D.M.D. was unable to attend. Thomas McKean, Director of Public Health, and Sharon Crocker, Division Assistant, were also present.

I. Hearing – Housing (New):

A. John Boyle, Boyle Realty Trust – 8A Seabrook Road, Hyannis –violations.

Tom McKean gave a summary of the multiple housing violations. John Boyle was present. Mr. Boyle explained the tenant moved in and everything was in working order. The husband was deported for drug violations. The tenant has a two year old who breaks the windows. Mr. Boyle had stated he had been at the address with a contractor trying to do repairs and the situation became volatile and the tenant then created more damages. Mr. Boyle stated he would not go back in to correct the violations until the tenant leaves. The tenant had a translater to assist her. The translater stated the inspections done before and done after she moved in showed similar violations. Upon a motion duly made by Mr. Sawayanagi, seconded by Ms. Rask, the Board voted to levy a $100/day fine until the critical violations are repaired. (Unanimously, voted in favor.)

B. Robert Souza – 63 Chestnut Street, Hyannis – bedrooms and

egress. Robert Souza explained he was unaware of the tenants sleeping in the basement and agreed that is dangerous with only the one egress. He has now explained to the tenants that they are not allowed to sleep in the basement.




Mr. Souza proposed that the Board consider the number of occupants in the house versus the number of bedrooms for their regulation. He is interested in renting to three individuals and stated that using three bedrooms with only three people is less taxing on the septic than having four people in a two bedroom. Mr. McKean noted that they are not in any specially zoned areas and, therefore, has the option to increase the septic to allow more bedrooms. Dr. Miller explained that the only enforceable way, at this time, is to evaluate the number of bedrooms. Upon a motion duly made by Mr. Sawayanagi, seconded by Ms. Rask, the Board voted to uphold the findings of the Public Health Division. (Unanimously, voted in favor.)

C. Daniel Levesque – 25A River Road, Marstons Mills – ceiling height.

Mr. McKean gave a summary of the Public Health Division. Daniel Levesque stated that the complaints were all taken care of before the Public Health Division became involved. The only issue remaining is the ceiling heights. Mr. Levesque does not see any way to remedy the ceiling heights. The living room ceiling is at least 6’ 8”. However, there is only one bedroom where the ceiling is less than this and it is an antique house. Upon a motion duly made by Ms. Rask, seconded by Mr. Sawayanagi, the Board voted to allow the ceiling height given the age of the house. (Unanimously, voted in favor.)

D. John Kowalkski, Attorney, representing Linda Peterson, owner – 38 Rosewood Lane, Cotuit – violations and extension.

John Kowalkski (not speaking as an attorney) but as a friend for the owner who is out of state spoke on the matter. They bought the house in 1987. They took all the permits properly and the septic was designed as a four bedroom. It was purchased brand new and was always intending to be a four bedroom and there was an error on the initial permit stating three bedroom. Mr. Kowalkski is willing to increase the door opening in the room above the kitchen to five feet. Upon a motion duly made by Ms. Rask, seconded by Mr. Sawayanagi, the Board determined the house was originally built as a four bedroom, the owner will increase the door opening in the room above the kitchen to five feet, and will record a four-bedroom deed restriction at the Barnstable County Registry


of Deeds and supply the proper copy to the Public Health Division. (Unanimously, voted in favor.) II. Hearing – Septic:

John Morin, representing Betsy Miller, owner – 1610 Main Street, West Barnstable, request for an extension on deadline of repair.

No one was present. Mr. Dan Ojala spoke stating that the owner’s contractors were working on it and had recently called to get assistance on the property lines. Upon a motion duly made by Ms. Rask, seconded by Mr. Sawayanagi, the Board voted to extend the deadline for an additional 60 Days. (Unanimously, voted in favor.)

III. Septic Variance (New):

A. Dan Ojala, Down Cape Engineering, representing Helen Marvill, owner – 1636 Main Street, West Barnstable, Map/Parcel 197-025, 0.34 acre parcel, four variances requested.

Mr. Dan Ojala presented the septic plan. The Board noted there are additional variances, setbacks to neighboring wells which are slightly less than 150 feet away with the water flowing in the opposite direction. Upon a motion duly made by Mr. Sawayanagi, seconded by Ms. Rask, the Board voted to approve a total of six variances with the following condition: a revised plan will be submitted to show the additional two variances to neighboring wells. (Unanimously, voted in favor.)

B. Michael Perrault, P.M.P. Associates, representing Joyce Haseotes,

owner - 293 Long Beach Road, Centerville, proposed addition, approval requested for I/A Fast System monitoring plan.

Michael Perrault presented the plan and noted the Cape Cod Commission requested an I/A Fast System be used even though the property did not necessitate it according to Title V. The Board did not agree with the ground water elevation used. Other properties on the street used ground water levels much lower than 3.5 ngvd. Upon reviewing the files on the street, the Board felt a 2.0 ground water elevation would be more accurate. Mr. Sawayanagi asked if the reserve area could be moved to the side of the house. Mr. Perrault explained the Cape Cod Commission had preferred the location of the reserve on the plan.


Upon a motion duly made by Mr. Sawayanagi, seconded by Ms. Rask, the Board voted to approve the I/A Fast System with the following conditions: 1) redesign based on a 2.0 elevation, 2) change the plan to state a standby power source will be provided, and 3) six bedroom deed restriction be recorded at the Registry of Deeds and a proper copy be provided to the Public Health Division. (Unanimously voted in favor.)

IV. I/A Monitoring Plan Review: David Walsh, 195-E, Route 149, Marstons Mills, requesting discontinuance of monitoring the RSF system and he will continue quarterly Maintenance Inspections-Herring Run Place Condo. Mrs. Walsh was present. The Board explained that due to the fact that 50% of the testing does not have testing up to the desired levels, they will request the monitoring to continue as is. Upon a motion duly made by Dr. Miller, seconded by Mr. Sawayanagi, the Board voted to grant the discontinuance of the quarterly monitoring. (two voted DENIED and Ms. Rask had recused herself). V. Variance – Food (New):

Mary DeBartolo representing Cape Land and Sea Harvest (Clash) – Temporary Food Permit applications for annual event “Farm to Table”, on September 27 at Cape Cod Organics Farm, 3675 Main Street, Barnstable.

Mary Lee Kylee was present. The meats will be cooked on the grill. The Board would like a diagram of the layout of prep area and the facilities necessary. Upon a motion duly made by Mr. Sawayanagi, seconded by Ms. Rask, the Board voted to approve the annual temporary food permit for CLASH with the following conditions: 1) a schematic diagram showing the set-up with the preparation area, eating area, and handwash sinks labeled, and 2) the proper signage be used when serving raw shellfish. (Unanimously, voted in favor.) Additional: Mr. McKean mentioned there was an additional request to have cheese at the event. The Board determined no cheese would be allowed as this is a potentially hazardous food and more information is needed regarding the pasteurization of their cheese, etc. VI. Hearing – Septic:

Francis and Barbara Ferguson, owners – 512 Whistleberry Drive, Marstons Mills – bedroom count.


Mr. Ferguson and the Board discussed the situation. Upon a motion duly made by Mr. Sawayanagi, seconded by Ms. Rask, the Board voted to extend the deadline to 60 days, at which time, Mr. Ferguson will enlarge one of the bedroom doorways to 5 feet. (Unanimously, voted in favor.)

VII. Hearing – Housing:

Francis Wurzburg - 140 Willimantic Drive, Marstons Mills- ceiling height.

Bill Silver, Kinlin Grover realtor, represented the owner, Francis “Ted” Wurzburg who is out of town. The septic is adequate and working. It is not possible to get the ceilings higher. Mr. McKean recommends granting the ceiling height of 6’6”. Upon a motion duly made by Mr. Sawayanagi, seconded by Ms. Rask, the Board voted to approve the ceiling height of the house. (Unanimously, voted in favor.)

VIII. Updates: Jason Ethier, 15 Highland Street, Hyannis - ceiling height, continued from July 14, 2009 board meeting. Jason has decided to keep the area with the low ceiling height as a non-habitable living section. The inspection of this will be necessary.

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Revised 10/9/09


Tuesday, October 13, 2009 at 4:00 PM School Administrative Building, Conference Room

230 South Street, Basement Level, Hyannis, MA

A regularly scheduled and duly posted meeting of the Barnstable Board of Health was held on October 13, 2009. The meeting was called to order at 4:00 pm by Chairman Wayne Miller, M.D. Also in attendance was Junichi Sawayanagi and Susan Rask, Alternate Board Member. Paul Canniff, D.M.D. sat in on the meeting. Thomas McKean, Director of Public Health, and Sharon Crocker, Division Assistant, were also present.

I. Hearing – Underground Storage Tanks: Peter Doyle and Dale Saad, Water Pollution Control Division, Town of Barnstable, owner– 382 Falmouth Road (a.k.a. 617 Bearse’s Way), Hyannis, Map/Parcel 293-001, request for a year extension. Peter Doyle explained that the tanks are in a self contained vault and only six inches of them are actually below ground. The replacement of the tanks is very costly. The Board would consider this tank an above ground tank. Upon a motion duly made by Junichi Sawayanagi, seconded by Sue Rask, the Board voted to approve a one year extension. (Unanimously, voted in favor.)

II. Septic Variance:

Thomas McLellan, Bass River Engineering, representing Barnstable Housing Authority, owner – 2439 Meetinghouse Way (Rte. 149), West Barnstable, Map/Parcel 155-038, 0.41 acre lot, requesting setback variances from wells.

Thomas McLellan, P.E. was present and reviewed his plans with the Board. The leach pits have failed and due to the well locations in the vicinity, variances are requested. Mr. McLellan said distance to the neighbor’s well is 109 feet from the SAS (which is further than the current system) and is down gradient. Mrs. Parris, neighbor, had some questions. It was explained that ground water flow moves away from her well and this variance does not put her

/Town of Barnstable Board of Health


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well in jeopardy. The proposed system is an improvement from the current one. Upon a motion duly made by Mr. Sawayanagi, seconded by Sue Rask, the Board voted to approve the three setback variances to wells with the following conditions: 1) revised plans will be submitted showing a two-compartment tank and must show the water line from the well to the house, and 2) must test the water before receiving a septic permit. (Unanimously, voted in favor.) III. Variance – Food (New):

A. Neia Moore, owner, Neia’s Appetizers – 459 (rear unit)/461 Main Street, Hyannis, grease trap variance.

Neia Moore was present and presented her proposed menu. The location has a grease recovery device, Big Dipper. Upon a motion duly made by Junichi Sawayanagi, seconded by Sue Rask, the Board voted to approve a grease trap variance with the menu dated 10/13/09 with the following conditions: 1) it passes a health inspector’s inspection to operate, and 2) a grease trap log of weekly cleaning must be kept. (Unanimously, voted in favor.)

B. Sonny Apotheker, Richie’s Italian Ice – Cape Cod Mall, 793

Iyannough Road, Hyannis, three variances. push-cart style. Sonny Apotheker and Leo Fein were present and discussed the proposed operation. The Italian Ice comes in 7 ½ gallon buckets. There are no dairy products in the product, only water sugar and flavoring. He will have a Handy Dandy sink which holds 7 gallons and will be at the push-cart. The operation will be in a good location close to the public restrooms and has permission to sterilize scoops at the Casual Gourmet next to him. There will be only one operator on location at a time. He will operate with a box of scoops which will contain enough scoops for a full day’s operation (even using one per customer). Upon a motion duly made by Junichi Sawayanagi, seconded by Sue Rask the Board voted to approve seven variances: toilet facility variance, push-cart regulation variance, mop sink variance, hard plumbing variance, 3-bay sink variance, one servsafe at a time, and touchless faucets variance, with the condition that if the Handy Dandy sink is available with elbow operated handle, he will obtain on. (Unanimously, voted in favor.) C. Jenifer L. Holloman representing Long Pasture First Annual Farm Fair – Temporary Food Permit applications for annual event “Long Pasture Farm Fair”, on October 24 at Long Pasture Farm, 345 Bone Hill Road, Barnstable.

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Jenifer Holloman and Rick Bibeault discussed the function and had a list of the final six vendors who will be participating and specified fish pate will not be present. There will be handwash stations and the vendors have inside faucets also available to them. Upon a motion duly made by Junichi Sawayanagi, seconded by Sue Rask, the Board voted to approve the annual temporary food event, Long Pasture Annual Farm Fair, to be held October 24, 2009, with the following food items: coffee, tea, ice drinks, bottled water, live lobsters (in cooler in ice), raw fruits and vegetables, and raw eggs with the following condition: the final review and approval will be given by Thomas McKean once he has all documents in hand. (Unanimously, voted in favor.) . IV. Old Business/New Business: Septic upgrades within areas where public sewer is proposed. Sue Rask brought to the Board that there is at least one house in septic failure in the Stewart Creek area. Regulation CMR 310 305.1B covers this type of situation where a full upgrade may be postponed when sewer will be available within a five year period. Ms. Rask spoke to Brian Dudley, DEP, regarding this property and he said three feet separation to groundwater is fine. The Board of Health and the home owner should come to an agreement on an escrow to have funds available for repair in case the sewer is not available in the proper time frame. The DEP does not need to approve this as long as there is an agreement between the owner and the town. DEP suggests having an escrow account of $20,000. Sue Rask estimated there may be only 3 to 5 septic systems in failure per year in the proposed sewer areas. The Board needs to give clear instructions to engineers so they can design a minimal septic system (not fully Title V compliant) to handle the septic until the sewer arrives. The Board discussed the desire to do everything possible to approve temporary, safe resolutions for failed septic systems in these areas and the Board hopes the Town Council will now approve a part-time position to manage the escrow accounts needed for these properties. Ms. Rask said the Barnstable County Health Department is able to assist the Town by tracking the pumping for these properties. However, they can not track the escrows for us.

A. Septic failure at 33 Stetson Street, Hyannis.

Ms. Rask said the septic failure in the Stewart Creek area is at 33 Stetson Street, Hyannis. Sue said the cost to repair it with a mounted septic would be in the range of $20,000. However, the sewer system will be available to

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the property in two years. A percolation test showed 11 feet to groundwater, thus, groundwater is not an issue. The engineer thinks the failure may be due to over-occupancy at the property. There are a number of buildings on the property and which may have rental units.

B. Flu Clinics. Sue Rask said the County may have some MRC nurse volunteers available to the town to assist in the flu vaccine distribution.

C. State Conflict of Interest Law Dr. Miller stated upon review of the recent Conflict of Interest Law, he understands it to be very limiting to all especially the volunteers for committees such as Board of Health. It appears people are not able to be employed in any businesses which touched on Board of Health issues. This could mean every business in the town. Further discussion is requested.


Tuesday, November 10, 2009 at 4:00 PM Town Hall, Hearing Room

367 Main Street, Hyannis, MA A regularly scheduled and duly posted meeting of the Barnstable Board of Health was held on November 10, 2009. The meeting was called to order at 4:00 pm by Chairman Wayne Miller, M.D. Also in attendance was Junichi Sawayanagi and Susan Rask, Alternate Board Member. Paul Canniff, D.M.D. sat in on the meeting. Thomas McKean, Director of Public Health, and Sharon Crocker, Division Assistant, were also present.

I. Executive Session II. Monitoring (Cont.): Peter McEntee, Engineering Works representing The 699 Main Street,

LLC – Fancy’s Market – 699 Main Street, Osterville, Map/Parcel 141-011, 0.17 acre parcel, discuss results of aerating. Peter McEntee gave results to the Board. The level was a 68” which is at or about the invert level when running properly. The SAS was pumped by putting a hose down the pipe. Initial measurement was 68” and initial pressures were 30 (which is high) Over the next couple days it dropped dramatically to a very low pressure. Pump Upon a motion duly made by Mr. Sawayanagi, seconded by Susan Rask, the Board voted to approve a reduction

III. Hearing – Underground Storage Tanks (Cont): Peter Doyle and Dale Saad, Water Pollution Control Division, Town of Barnstable, owner– 382 Falmouth Road (a.k.a. 617 Bearse’s Way), Hyannis, Map/Parcel 293-001. Peter Doyle said last week, the DEP compliance was done and the tank did not pass the overfill and containment part. The Tank will be scheduled for replacing next year. Peter said they are in the same predicament with the Chlorine Tank. It did not pass the DEP compliance and they also learned that the Chlorine does attack the fiberglass. The funds for this replacement will not be available for two years.



Upon a motion duly made by Susan Rask, seconded by Mr. Sawayanagi, the Board voted to approve a two year extension for the replacement for the Chlorine tank and one year extension for the Fuel Tank. (Unanimously, voted in favor.)

IV. Hearing – Tobacco: Tobacco violations as reported by Bob Collette of Barnstable County Tobacco Control.

A. Sav-On Service Station, 590 Iyannough Road, Hyannis –Observed Violation of Smoke-Free Workplace Law.

Bob Collete stated the fact that one was seen smoking inside the business. No one was present from Sav-On Service Station. Upon a motion duly made by Susan Rask, seconded by Mr. Sawayanagi, the Board voted to approve a $100 fine for the first offense. (Unanimously, voted in favor.)

B. Barnstable Road Getty, 112 Barnstable Road, Hyannis – Observed

Violation of Smoke-Free Workplace Law. Picard Camarid of Barnstable Road Getty and the Board discussed the situation that customers tend to go right outside the garage bay doors and smoke drifts in or staff may be smoking outside and be approached with a question and walk too close to bay doors which are open often. Options were discussed and agreed the owner will use signage for smoking area and have a cigarette disposal container available in area. Upon a motion duly made by Ms. Rask, seconded by Mr. Sawayanagi, the Board voted to issue a warning. (Unanimously, voted in favor.)

V. Hearing – Septic Failure:

A. Lili Seely, owner– 33 Candlewick Lane, Hyannis, Map/Parcel 268-242, septic failure.

Lily Seely summarized that when she bought the house she had the garbage disposal taken out as it harms septic. Septic worked fine. She was out of time for 5 years and when processing refinancing, they incorrectly required her to do a septic inspection. At that time, the system appeared to fail. She questioned whether that was accurate because the refinance company then decided to waive their fees etc.

For the past four years, only three people have lived there. The inspection at the time of the refinance showed a failure. Now there is a new inspection in 2009 which again shows a failure. This failure is of the leaching chambers. The leaching had been connected to flow into the leach pit (which is what had originally failed.). Upon a motion duly made by Susan Rask, seconded by Mr. Sawayanagi, the Board voted to request a septic replacement within a two year period , monitoring by the homeowner, notify the Health Dept within 24 hrs, and have the system pumped and then replace the system at this point within 60 Days. (Unanimously, voted in favor.)

B. Michael Santos, owner – 26 Bishops Terrace, Hyannis,

Map/Parcel 251-215, septic failure. Michael Santos, owner, summarized. The owners had not disclosed the septic inspection at the time of the closing. He received notice two months ago from the Health Division and this was the first he had heard of it. The house was abandoned in Jan 2008 and water was not shut off and the pipes burst and Mr. Santos believes this caused the failure. Mr. McKean reviewed the files and found there is an earlier report in 2004 showed the level was getting higher. Upon a motion duly made by Junichi Sawayanagi, seconded by Susan Rask, the Board voted to Continue until DEC 8, 2009 meeting and Mr. Santos will have an inspection report done prior to that for the Board to evaluate. (Unanimously, voted in favor.)

C. Rosanie Joseph and Severe Philogene, owners – 33 Stetson Street, Hyannis, Map/Parcel 306-055, septic failure.

Rosanie Joseph and Severe Philogene, owners, said there are seven people living there. She had the septic worked on (cost $2,000). After one year, water was coming up again and BlueWater inspected it for her and informed her it is in failure and needs $20,000 new system. However, the sewer is scheduled to arrive in two years. There is an apartment in the main house and one person lives in apartment and six people live in the main part of house. BlueWater will work with Barnstable County Health (Sue Rask and Kendall Ayers) to find a minimal repair plan. Upon a motion duly made by Ms. Rask, seconded by Mr. Sawayanagi, the Board voted to Continue to the December 8 meeting for final approval. (Unanimously, voted in favor.)

VI. Septic Variance: Adam Hostetter representing John and Shama Fulham, owners – 76 Nelson Lane, Hyannis, Map/Parcel 125-072, existing 1,000 gallon tank (undersized per Title V), proposal to add additional bathroom with sewer injector pump.

No one was present. Mr. McKean had asked Mr. Hostetter to speak to the DEP prior to meeting to clarify new/old construction limitation. Upon a motion duly made by Ms. Rask, seconded by Mr. Sawayanagi, the Board voted to approve the system. DENIED – Unanimously. (person may resubmit in the future.)

VII. Old Business/New Business:

A. Regulation Revision - Septic Repair Deadlines for potential sewer hook-ups.

1. Sue Rask and Dr. Miller suggests sending letters out to the homeowners (124 homeowners/condo owners) and Installers and Engineers to contact the Health Division if they have a client who lives in the Stewart Creek Sewer Hookup Area. Suggested letter would be:

Your house is within the area for hookup. If within that time, if you experience a septic failure or problem, Please contact the Public Health Division prior to spending money on repairs. (suggest postcards, and printed labels.)

2. A revision of the Regulation listing Deadlines for Failed Septic Repairs suggested be done to adjust the areas of upcoming sewer connections. The Town will approve of an extension of the repair time.

B. Change in Board of Health meeting time.

The Board announced the meeting times for the Board will change in December 2009 and forward to 3pm. C. Flu Clinic(s) Announced upcoming flu clinics and requested citizens to direct questions to the Public Health Division at 508-862-4644, and not call the Church as they do not have the staff to receive the abundance of calls for our clinic. Dr. Miller said he and John Klimm discussed and would like to ask for voluntary donation of $3 for H1N1 and ask if people are willing to donate more than $3 for the Seasonal flu clinic.

Almost every town hires the VNA to do their flu clinic and the VNA bills the Medicare and makes money. We are the only town that Sue Rask is aware of who does their own clinic. Sue said she may have heard somewhere that the State would stop giving vaccine to the Town(s) which do not bill Medicare. Mr. McKean suggested meeting with the Town Attorney and Mr. Geiler to discuss further. Motion to Adjourn. 5:40 pm.

Board of Health Minutes 12/08/09 Page 1 of 5

BOARD OF HEALTH MEETING MINUTES Tuesday, December 8, 2009 at 4:00 PM

Town Hall, Selectmen’s Conference Room 367 Main Street, Hyannis, MA

A regularly scheduled and duly posted meeting of the Barnstable Board of Health was held on December 8, 2009. The meeting was called to order at 4:00 pm by Chairman Wayne Miller, M.D. Also attending were Board Members Junichi Sawayanagi and Paul Canniff, D.M.D. Thomas McKean, Director of Public Health, and Sharon Crocker, Division Assistant, were also present.

I. Hearing – Housing: A. Scott Crosby and James Peacock, owners - 257 Pond Street, Unit C, Osterville, Map/Parcel 119/032, variance from ceiling height. Mr. Crosby and Mr. Peacock were unable to make it and asked for a postponement. The building is a one floor, one bedroom cottage. As the building existed in 1940, prior to the building codes of ceiling requirements, the Board determined an approval for the variance. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve the ceiling height for the bedroom. (Unanimously, voted in favor.) B. Gary Caruso, owner of 24 Pen Lane, Centerville, Map/Parcel 193-205, hearing requested by owner in regards to violation letter dated October 13, 2009 – POSTPONED Until January 12, 2010. The Board will postpone until January 12, 2010, as requested. The Board expressed concern of continued use of too many bedrooms for the design of the septic and are anxious to resolve as soon as possible. C. John Rodrigues, Trustee, owner - 36 Oak Neck Road, Hyannis, Map/Parcel 308/203, requesting 3 variances from ceiling height. Mr. John Rodrigues was present. He explained the dwelling has been re-inspected by the health inspector and all other items on the violation letter have been corrected and he has received an occupancy permit for all units.




The dwelling was built in 1900, pre-dating the 1950’s building codes for ceiling heights. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve three variances for ceiling heights. (Unanimously, voted in favor.)

D. Dawn M. Burt, owner - 4741 Falmouth Road, Cotuit, Map/Parcel 009/020, requesting variance from ceiling height.

Mr. Alan Burt was present. His house dates back to 1941, prior to the building code on ceiling heights. He currently is caring for the house for Manual Sylvia, an elderly gentleman who has lived there in the one-bedroom for over 40 years. They have done some major repairs to the house and Mr. Sylvia has decided to rent it out to recover some of the repair costs. The bedroom has a ceiling height of 5ft 9 inches. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve the ceiling height variance. (Unanimously, voted in favor.)

II. Hearing – Septic Failed (Cont.): Michael Santos, owner – 26 Bishops Terrace, Hyannis, Map/Parcel 251-215, septic failure. Mr. Michael Santos was unable to make the meeting and hoped for a continuance. The Board had requested a septic inspection be done. The recent inspection was reviewed at the meeting. It stated the system passed. A prior inspection in 2004 had showed the level in the leaching pit was at 4 feet and the pit is 6 feet in total. Mr. McKean expressed concern that the system was showing signs of age at that time. Dr. Miller requested it continue to be pumped and would like the following information: 1) what is the zone the lot is in, 2) what is the anticipated use of the building, 3) is sewer anticipated in the area soon. If the unit is to be used for rental, the septic may likely endure heavy use. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to Continue to the January 12, 2010, Board of Health meeting. (Unanimously, voted in favor.) III. Variance – Septic (New): Dan Ojala, Down Cape Engineering, representing Mark Fazio, owner, 36 Deacon Court, Barnstable, Map/Parcel 300-054, 1.73 acre lot, (4) variances, reduction in set backs to wetlands, new construction.


Dan Ojala and Marie Fazio were present. Dan reviewed the plan and summarized there is an isolated wetland, currently,a sharp pitch down towards the wetland which will be leveled off. There is blue clay down to 12 feet, then good sand. The Conservation Commission approved the plan last week. Dr. Miller recused himself. Mr. McKean noted the plan does not show 10 feet separation on the leaching facility (infiltrators). Mr. Ojala noted the type error on the plan and will have a proper one submitted. The plan should show 42.5 as the bottom of the leaching system. There are no issues with the floor plans. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to approve the four variances of setbacks to wetlands with the following conditions: 1) a revised plan be submitted with the correct of the base of the leaching system to 42.5, and 2) a 3-Bedroom Deed Restriction be properly recorded at the Barnstable County Registry of Deeds, and 3) a proper copy of the Deed Restriction be submitted to the Public Health Division. (Unanimously - 2 voted in favor, Dr. Miller had recused himself.)

IV. Variance – Food (New): Louis Capolino, Caffe “E” Dolci – 430 Main Street, Hyannis, grease trap variance previously granted, addition to menu. Mr. Louis Capolino was present and had the most recent grease recovery device inspection (August 4, 2009) with him and his current expanded menu. He requested an increase in his restricted menu to include additional types of lasagna and more meatball dishes. He has currently been operating with the extended menu. The Board reviewed the prior variance approval and stated the applicant was restricted to the submitted menu of 2007 with the one grease recovery device (GRD) in place. The GRD is not designed to handle the expanded menu. Upon review of the grease trap inspection report, it appeared the level of grease going into the sewer is 4.0 instead of the required maximum of 1.0. The Board receives a clearer picture of the situation when a daily log is kept of the amount of grease actually removed and requests this to be done using the Health Division’s Log form. The Daily log must be by the GRD and easily accessible to the Health Inspector. The dual sink/refrigerator equipment was discussed. The sink is used to dispense water and is not as a prep sink. Mr. Capolino said the equipment was purchased in Italy and came as a complete unit, along with the PVC pipe used to drain sink.


Dr. Miller and Mr. Sawayanagi stated the piping does not meet the plumbing codes which require a trap plumbed with copper for the drinking water. Provided the applicant properly blocks off the waste pipes under sink and brings the plumbing up to code, the Board will allow the left side of the refrigerator unit to be used for storage. For the increased menu: 1) the applicant will need a second Grease Recovery Device (GRD), and 2) instead of the independent test every six months, the Board would want a log maintained of the amount of grease removed. For the refrigerator/sink unit, either 1) remove the entire refrigerator/sink unit or 2) the refrigerator located under the sink must be rendered unuseable, 3) the Plumbing Inspector must approve the plumbing of the sink and the section of the refrigerator that the waste pipes are above must be blocked off, then the refrigerator section without waste pipes may be used as food storage. The Board said the pictures the Health Inspector provided showed inadequate cleaning. Mr. Sawayanagi noted the pictures show a leak in the ceiling. Mr. Capolino said it was due to the air-conditioner and is not over the food prep area. The Board stated the approval of an extended menu will be based on satisfactory inspections by the Health Inspector over the next two years. The Board will give the applicant one month to clean up the establishment before any license suspension. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted on the approval of the extended menu. (Unanimously, voted to DENY with the following requirements to avoid suspension: 1) Caffe “E” Dolci must return to the original approved menu, 2) clean up health inspection violations, 3) repair leak in ceiling and replace ceiling tiles, 3) bring waste pipe up to code and block off front section of refrigerator with piping, or close off refrigerator entirely, and 4) return to the Board at the January 12, 2010 meeting. If all items are satisfactory, the Board will approve the increased menu provided an additional GRD is installed. V. License: Disposal Works (Septic Installer): Jeffrey K. Morse, Marshfield, MA Jeffrey Morse was unable to attend. The Board reviewed his passing grade on the septic exam and his references as an exemplary contractor. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to approve Jeffrey Morse as a septic installer. (Unanimously, voted in favor.)


VI. Proposed 18 bedroom Development: Stage Coach Residence – 70 Stage Coach Road and 151 Oak Street, Centerville –Sandee Perry, Barnstable Housing Authority, determination of whether a shared IA system shall be required. No one was present from the Barnstable Housing Authority, nor the engineer for the project. The Board reviewed the project which is an 18 bedroom affordable housing project (6 one bedroom and 6 two bedroom) with 4+acres dedicated to Conservation. It is not in a ground water protection zone and does not require a septic variance and has town water. Lot# 151 has a two-bedroom home and shed which will be demolished and removed. This project is a single-owner renting out units. It is categorized as a multi-family unit. There are three separate building and the code considers it a shared system. MA State Code 301 requires the septic system to be inspected at least once every three years. (If there were five or more buildings, the regulation would have required inspection every year.) Mr. Traczyk said the basements will not be available for use by the tenants. Art Traczyk, Regulartory/Design Review Planning for Growth Management Department Service to assist the Zoning Board of Appeals, participated in the discussion with the Board. It was determined an Innovative/Alternative System was not required and determined the engineer must identify any private wells within 150 feet of the septic components. In addition to the Board of Health’s November 27 email correspondence to ZBA, the Board of Health will add: 1) the attic space under the roof line is not habitable, and 2) provide screening at the vent pipes to the septic system, the seven page checklist must be completed by the engineer at the time of the septic permit, VII. Old Business/New Business: A. Budget – submitted request for additional funds to manage an escrow

account for septic repairs. B. Flu Vaccine Clinics – final Seasonal Flu Vaccine Clinic will be Wed

December 9, 2009 at the Senior Center. The H1N1 Vaccine continues to be distributed as quantities are received in.

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A regularly scheduled and duly posted meeting of the Barnstable Board of Health was held on May 11, 2010. The meeting was called to order at 3:00 pm by Chairman Wayne Miller, M.D. Also attending were Board Members Junichi Sawayanagi and Paul J. Canniff, D.M.D. Thomas McKean, Director of Public Health, and Sharon Crocker, Administrative Assistant, were also present.

I. Hearing (Cont):

Requested by motel owner, George “Skip” Simpson, Anchor-in, One South Street, Hyannis – discussion of qualified swimmers and lifeguard requirements at pools.

George Simpson was present. Dr. Miller said the State allows each Health Inspector to accept a change in the requirement of lifeguards directly. Dr. Miller expressed that, if the rest of Board was accepting of changing regulations, he would use the following criteria: no swimming alone, key-access to pool when no lifeguard working, not to be applied to wave pools, appliances, slides, etc, and he would not want this to apply where there are types of activities in pools. Dr. Miller also suggested that the Health Inspectors do not want all this responsibility placed on them. He thought they might value spending time with the State Inspectors to aid in the discretionary choice. The Board discussed a possible two-level agreement (Health Inspector, then Board) based on normal activity at each particular pool Dr. Canniff would like the Fire Dept. invited to the next meeting to share information on the history of drownings in the area, if any. Mr. McKean relayed that the Fire Dept. said that now people are more distracted than in the past while they are in the vicinity of a pool, i.e.. many are texting on cell phones, using the internet, etc. Dr. Canniff feels even one drowning during the past 30 years would warrant the need to have lifeguards. The drowning at Heritage House 30 years ago, had a lifeguard on duty who had just stepped inside for a moment to get something. Other drownings included Craigville Motel and Heritage House (near drowning) and the current Holiday Inn.


200 Main Street, Hyannis MA 02601 Wayne Miller, M.D. OFFICE: 508-862-4644 Junichi Sawayanagi FAX: 508-790-6304 Paul Canniff, D.M.D.

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In Yarmouth, someone stumbled into the pool. Another had the lifeguard reading a book and someone “nearly” died. Mr. Sawayanagi feels it is the responsibility of the property owner to safely maintain the safety of their pool and a regulation is unnecessary. He feels it is only common sense to hire someone to watch the pool whenever they have 25+ people using it, as well as hiring lifeguards when there are a lot of children in it. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to continue to the June 8, 2010 Board meeting and request the Fire Dept come to speak. Also, a draft will be written by the Board and the Health Inspectors views will be obtained.

II. Hearing – Tobacco:

Tobacco violations as reported by Bob Collette of Barnstable County Tobacco Control.

A. Luke’s Liquors, 395 Barnstable Road, Hyannis – First Offense, tobacco products sold to a minor.

Two people from Luke’s Liquors were present. They have a strict policy and they will be giving the employee a warning as well. Upon a Motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to issue a Warning Letter. (Unanimously, voted in favor.)

B. North Street Automotive, 240 North Street, Hyannis – First Offense, tobacco products sold to a minor.

David Thornton was present. He has spoken with all the employees and this is the first time in his 10 years, he has had anyone from his Falmouth business or his Hyannis location.

Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, a Warning Letter will be issued. (Unanimously, voted in favor.)

III. Show-Cause Hearing: Food Establishment: WITHDRAWN Hyannis Food Mart, 18 Center Street, Hyannis, food

violations. IV. Variance – Septic (New Item):

Mike Aucoin representing Ernest and Marjorie Whitman, owner – 329 South Main Street, Centerville, Map/Parcel 207-082, 1.4 acre lot, multiple variances requested.

Mike Aucoin and Linda Pinto, Engineer, were present.

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Mr. McKean has concern with (1) the small amount of footing to hold up the wall, and (2) the affects of the frost line to the wall. Mr. McKean also has a question on the property line shown. Mark McKenzie, engineer, wrote a letter to the Board offering two style options of the Keystone Block System. The wall is made up of a commonly used interlocking block system called Keystone Block System and will be installed strictly according to the specification of the product. The wall will then be reinforced with fabric. Mike said the ground at the bottom of the retaining wall has 10 feet of soil and there is an additional 4.3 feet of soil sloping up to the upper wall at 14.3 feet, so the 1.3 feet of footing should be sufficient to hold the banking of the four foot slope. Dr. Miller shared Mr. McKean’s concern of frost heaving occurring. Mr. Aucoin said the block system is designed to handle that. There is also a discrepancy between the GIS Assessor’s Map and the engineered plan. With regards to the property line: Mike Aucoin stated the correct property lines are on the engineer’s plan of Map 207-082 shows on the Assessor’s Map that there is a jog out of it from M/P 207-083. That Jog is part of a Land Court property. The depiction of the size on the Assessor’s is not correct. Mr. Aucion said the draftsman for the Assessor’s apparently had put the Land Court Property into the Assessor’s map incorrectly. The GIS does not show there is a jog on the 329 South Main property 21 feet away and another jog on the northerly side of land is also not included in the GIS map. On an additional note, Mr. Aucoin informed the Board that mathematically between the subdivision plan of West Terrace and the Land Court Plan, there is a five foot difference in distance. That difference is in the subdivision, not the Land Court property. Mike Aucoin brought the information from the Registry of Deeds and the Land Court information, further showing Assessor’s Map is in error. Mr. Aucoin said the proposed plan stipulates they will stake the property line to the North prior to installation. The Board wants it stipulated on the plan which of the two choices for a retaining wall they decide to do. In the family room, there is an open stairway going up. Dr. Miller requested that one of the doorways be opened to 4 feet and remove the door. Frank Donavan, North Bay Construction, explained the family room has been there ‘forever’. With the four foot doorway in the living, the property will remain a four bedroom including the new configuration of the upstairs. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to approve the plan submitted with the following conditions: 1)

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delineation on plans of the method of construction to be used on the retaining wall, 2) the opening of the door between the family room and living room to a four foot opening, 3) need a description of the adequacy of keystone block wall and its base explaining why the engineer feels it’ll be adequate for the frost line, and 4) a four-bedroom Deed Restriction. (Unanimously, voted in favor.) Later, Mr. Aucoin explained the system of the interlocking blocks allows a give and take in the event of frost, thus preventing the integrity of the wall to be harmed by frost. V. Innovative / Alternative System:

Linda Pinto representing Justin and Martina Larhette, owner – 10 Flowing Pond Circle, Osterville, Map/Parcel 146-066, 0.36 acre lot, septic failure, expand system to a 2-bedroom capacity using I/A system. WITHDRAWN. They will resubmit with a new plan for a 2 bedroom with new variances.

VI. Variance – Food (New):

A. Roger Ghanem, Barnacle – 988 Craigville Beach Road, Centerville, Map/Parcel 226-005, toilet facility variance.

The 2001 variance approved for prior owner will apply to this new owner Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to approve the variances (same as prior owner-2001). (Unanimously, voted in favor.)

B. Temporary Food Event: Alexandra Hynes for Cape Cod Entertaining

Expo to be held at the Hyannis Youth Community Center, 141 Bassett Lane, Hyannis, on May 29, 2010

Rebecca Hynes was present. Alexandra Hynes was unable to make the meeting. Dr. Miller asked who has given them the approval to hold the event. Rebecca said two weeks ago a hearing was held and she believes it was the Town Manager who issued a license to hold the event. Montilio Bakery has a long list and does not say how it will be kept cool. Rebecca thought all of theirs can be kept at room temperature. The Board stated the cheese cake and cannoli will need refrigeration to keep cool. Cape Cod Entertaining Expo is being established as an annual event to allow vendors to advertise to the public their wares. They will have 25 vendors, of which only 5 will have food.

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Upon a motion duly made by Mr. S., Dr. Canniff seconded, the Board voted to approve the temporary food event with the condition that they meet Thomas McKean’s concerns prior to the event. (Unanimously, voted in favor.)

C. Richard Bibeault representing Mid-Cape Farmers Market, Hyannis, applying for a change of venue from Main Street, Hyannis to the Hyannis Youth and Community Center, Bassett Lane, Hyannis.

Richard Bibeault was present. They are simply looking for a change of venue for the 13 week temporary food permit. The only item needing refrigeration is the smoked fish. They have the truck with the electric refrigeration in it. Also, Richard has been told there are outdoor electrical outlets at the poles (up in the air), and if problems with this, they can always plug into the building as well.

VII. Body Art Variance (Cont.): Continue discussion of requirements for Body Artists. A course for Body Artists is offered off-Cape and the woman is willing to offer the course free of charge to the Board of Health members. There are no prerequisites for the course. It is based on a pass/fail with a 70 % as a passing grade. Then, to get a permit, need yearly blood pathology, need 18 months in the town under an approved practitioner, or 2 yrs from another town. Dr. Miller suggests the Board accept the course on a case-by-case basis, in lieu of the Anatomy / Physiology course. The Board agreed to approve the substitution of the course on a case-by-case basis. Dr. Miller is interested in taking the course prior to implementing.

VIII. Subdivision:

Dan Ojala, Down Cape Engineering, representing Susan Maki, Trustee, Maki Family Trust –‘0’ Oak Street (off Oak Street), Barnstable, Preliminary Plan Subdivision# 819 in Historical District, Map 215, Parcel 014-001, 3 lots on 6.94 acres, within the Resource Protection Overlay District.

Arnie Ojala presented the plan. The Board was informed of the Subdivision plans and had no issues. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to approve the plan submitted. (Unanimously, in favor.)

IX. Old/New Business: A. ACO: Administrative Consent Order –Draft given to Board from

David Houghton, Legal . Any questions, the Board should get right back to David Houghton.

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As the ACO does pertain to septic, it is wise to give the mandatory two public notices, thus, may not be able to install until the July meeting.

B. 130 Center Lane, Centerville – yes, the tight tank has been

pumped. Dr. Canniff recommends contacting the Department of Environmental Protection (DEP) for the list of all holding tanks in our town as each one must receive a permit from the DEP before installing them. MOTION TO ADJOURN - 4:43pm.

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367 Main Street, Hyannis, MA A regularly scheduled and duly posted meeting of the Barnstable Board of Health was held on June 8, 2010. The meeting was called to order at 3:00 pm by Chairman Wayne Miller, M.D. Also attending were Board Members Junichi Sawayanagi and Paul J. Canniff, D.M.D. Thomas McKean, Director of Public Health, and Sharon Crocker, Administrative Assistant, were also present. I. Hearing (Cont.):

Requested by motel owner, George “Skip” Simpson, Anchor-in, One South Street, Hyannis – continued discussion of qualified swimmers and lifeguard requirements at pools. Dean Melanson, Deputy Fire Chief – Hyannis Fire Dept., said that he pulled the data available from all the Fire Departments in the town. In the past five years, there was one reported near-drowning which was in Hyannis in August 2007. The one rescue was a lifeguard who pulled an unconscious person (48 yrs old) from the deep end of pool and began reviving the person. There were five other calls which were all hot tub related – people who had overused the hot tub along with sauna/steam room all at once. Deputy Melanson mentioned that a lot of distractions exist when watching people at the pool and now, added to it, are texting, internet use, IPods, etc. Dean stated that lifeguards are trained in observation skills to prevent people from overdoing it and becoming a risk. Lifeguards are strong swimmers and are trained in preventing a victim from pulling them down and risking their lives as well. There is no data available of near-drownings which were avoided by lifeguards. Dr. Miller brought up the public beaches where the Town allows swimming at one’s own risk after hours.



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He suggests we create a regulation which applies to everyone fairly so that there is proper signage, rescue equipment, etc. Dr. Canniff supports the requirement of qualified swimmers be increased. The Board will review more in-depth and will speak to the Legal Department as well (for potentiality of lawsuits).

II. Hearing - Proposed Regulation: Tight Tanks at Beauty Salons and Barber Shops.

Levine Klur, Roots Hair Salon, to be opened at Windmill Square, Cotuit, spoke of his industry. He stated that the professional salons have good products and the home products bring a higher percentage of chemicals to the groundwater. The past studies done on chemicals from hair salons were found to be inconclusive. Upon a motion duly made by Dr. Canniff, seconded by Junichi Sawayanagi, the Board voted to continue with the current policy and to include the require to add a Holding Tank to a Hair Salon with the following conditions: 1) if the septic fails, 2) if there is a change in ownership, or 3) an increase in flow. (Unanimously, voted in favor.)

III. Hearing – Septic:

Sullivan Engineering representing J. Robert Casey, Trustee, Pickwick Realty Trust, owner – 71 Ocean View Avenue, Cotuit, Map/Parcel 034-045, 4.7 acre parcel, Re-circulating Sand Filter System. Mike Ford, Attorney, spoke on the matter. John O’Dea, Sullivan Engineering, went through the septic plan with the Board. The septic will be designed for >1650 gallons/day. The property will continue to be used for single family use. There are multiple properties and multiple kitchens with a total of 27 bedrooms on the parcel. In January 28, 2008, the Planning Board endorsed the house plan. This was a pre-existing lot. They filed a “Perimeter Plan which is an Approval-Not-Required Plan (meaning it was not a Sub-Division, however, the plan allows protection under the State Code Chapter 111 Section 127P to allow them a three year period to freeze the regulations. Therefore, they do not fall under the Feb 2009 regulation until January 28, 2011. Mr. Thomas McKean stated a quarterly monitoring plan must be submitted.

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Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve the plan dated May 3, 2010, pending the submission of (1) Quarterly Monitoring Plan and (2) Operating and Maintenance Agreement for the system. (Unanimously, voted in favor.)

IV. Hearing – Septic Failed (Cont.): Michael Santos, owner – 26 Bishops Terrace, Hyannis, Map/Parcel 251-215, septic failure. Mr. Santos was not present. Dr. Miller mentioned there were apparently certain situations which caused the flowing of the system. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to allow Mr. Santos to continue with the current system with the following conditions: 1) the septic must be inspected yearly for the next three years and the reports will be submitted to the Health Division, 2) if the property is sold within five years from today (June 8, 2013), then Mr. Santos must replace the septic system at his own costs or he must inform the buyer of the Board of Health’s concerns and the buyer must sign off on such a statement, and 3) prior to renting, Mr. Santos must undergo a rental inspection and register it as a rental to meet regulations. (Unanimously, voted in favor.)

V. Variance – Septic (New Item):

A. Linda Pinto representing Marsha Alibrandi, owner – 4093 Route 6A, Barnstable, Map/Parcel 335-028, 15.0 acre lot, 2 setback variances requested.

Approved without any additional conditions from the plan. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve the proposed plan dated 05/07/10 with the two variances: 1) setback of 124 feet of SAS from a drinking water well (26 foot variance), and 2) setback of 88 feet of SAS from the edge of wetlands (12 foot variance). (Unanimously, voted in favor.)

B. Peter McEntee, Engineering Works, representing Mary Schoebel,

owner – 11 Nyes Point Way, Centerville, Map/Parcel 233-069, 0.5 acre parcel, multiple setback variances.

Peter McEntee presented plan with six variance requests for setbacks. House is currently occupied and is a rental. The property is in the Weaquaquet Lake area.

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Dr. Miller expressed that he would prefer an enhanced nitrogen removal due to the wetlands. The Board asked the engineer to rework the plan and see if some of the distances of the setbacks can be improved on – trying to maintain as a minimum, the distance of the current setback of 70 feet. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to Continue it to the July 13, 2010 Board of Health meeting. (Unanimously, voted in favor.) ADDITIONAL NOTE ON A SEPARATE TOPIC: Peter McEntee gave the Board an update on the situation at Fancy’s Market, Main Street, Osterville, at the aerated system. The system is working well.

C. Linda Pinto representing Justin and Martina Larhette, owner – 10 Flowing Pond Circle, Osterville, Map/Parcel 146-066, 0.36 acre lot, septic failure, one-bedroom deed restriction, increase flow to 2 bedroom capacity using I/A system.

Linda Pinto and person from Ready Rooter were present and reviewed the proposed plan. There are constraints of a tight lot. The proposed plan asks for two variances: 1) variance of 4 feet from abutting property line (road), and 2) does not have a reserve area – this needs to be approved by DEP as well. Dr. Miller stated that by increasing the septic to a two-bedroom, it now falls under a requirement to have a reserve area. Linda disputed that Title V states that if the system provides a better environment than the increase in flow is approved. She feels the variance requested is very minor in comparison to the great improvement of the system. The original system failed within eight years and without an increase in size of the system, Ms. Pinto believes it will fail in less time than eight more years. Dr. Miller asked Ms. Pinto to work out some numbers to prove, statistically, that it will be more beneficial to the environment with the I/A system. Staff comments were (1) the lot needs a reserve area, (2) the Deed Restriction currently is for a one-bedroom and the plan proposes two, and (3) the plan originally did not show a leach pit – This has been adjusted with the plans the Board has now. The staff recommended non-approval. Dr. Miller also suggested Ms. Pinto contacting Brian Dudley at DEP for suggestions also, keeping in mind that DEP will have to approve the final plan.

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Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to Continue to July 13, 2010 Board of Health meeting. (Unanimously, voted in favor.)

VII. Variance – Pool:

A. Allyn Hall representing Sandy Terraces Trust – 570 Wakeby Road, Marstons Mills, MA, variance to pool requirements of specific ladder/stairs, and variance to lifeguard requirement.

Tom Kearns, Anchor Pools, spoke of the pool. The pool is 20 feet wide at the steps and there is currently a hand-railing in the center which is 10 from the sides. Tom Kearns, pool contractor, said he had received a verbal Cease and Desist the construction of the pool from the Health Division. The Board gave the contractor the approval to continue with the pool construction without opening the pool until a pool permit is issued. Dr. Miller stated he was in agreement with the Health Inspectors’ interpretation of the wording of the regulation. Two conditions should be met to receive a variance approval: 1) they prove manifest injustice, and 2) the situation will be just as safe as if the regulation was met. 1) Upon a motion duly made by Dr. Canniff, seconded by Junichi

Sawayanagi, the Board voted to approve with the following conditions: the applicant receive in writing from the pool installer that he certifies the pool will now afford the same amount of safety as recessed stairs – both in structural stability and in safety. The pool contractor will install additional hand-railings and whatever else he deems necessary to satisfy the certification he signs. (Unanimously, voted in favor.)

2) Upon a motion duly made by Dr. Canniff, seconded by Junichi

Sawayanagi, the Board voted to approve the applicant for qualified swimmers (a variance to the lifeguard requirement) with the condition that all requirements for qualified swimmers are met. (Unanimously, voted in favor.)

VIII. Variance – Food (New):

A. Temporary Food Event: David Kuehn for Rhythm and Roots Festival to be held at the Cotuit Center for the Arts, 4404 Falmouth Road (Route 28), Cotuit, on July 10, 2010.

Sara Edick spoke for the Cotuit Center for the Arts. The Board suggested she may be able to use a handwash station from Richard Bibeault of the Mid-Cape Farmers Market or from Spanky’s, if having difficulty getting one.

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There will be three different sandwiches: Hot Panini Sandwiches (1) Roast Beef, Cheddar Cheese and Tomato Sandwiches, and (2) Portabella Mushroom, and cold wrap sandwiches. The equipment of handwash station, cooler, electric grill must be brought in the day before (or thereabouts), to the Health Division for inspection. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve with the use of a handwash station and the submission of the specific menu. (Unanimously, voted in favor.)

B. Temporary Food Event: George Soars, Barnstable Youth Hockey,

for Cotuit Fourth of July Event to be held at 140 Old Oyster Road, Cotuit, on July 4, 2010.

No one was present. Upon a motion duly made by Dr. Canniff, seconded by Dr. Miller, the Board voted to approve the permit provided the applicant discuss the event with Mr. McKean and satisfy any concerns Mr. McKean may have regarding it. (Unanimously, voted in favor – Mr. Sawayanagi was not present for the vote.)

C. Arif Yilmaz, Sweets Garden – Kiosk at Cape Cod Mall, 793 Iyannough Road, Hyannis, 5 variances.

Arif Yilmaz spoke about their strategy. Mr. McKean spoke of the concern of the scoops being unprotected. Mr. Sawayanagi said the design of this display is designed to be self-serve food and he shares Dr. Miller’s concern that the scoops are exposed and do not afford the protection of people in mall. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted on the application for variances, as presented, on the food permit. (DENIED, unanimously.) With further discussion, the Board specified two concerns are to protect the public from the air contaminants and from contaminants through touch. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to approve with the following conditions: 1) they provide a satisfactory cover for each section, meeting Mr. McKean’s approval, 2) disposable scoops are used, and 3) the handwash portable sink shown to the Board is used at the location. Mr. McKean must be satisfied with the products mentioned in the conditions or the applicant can revisit the Board. (Unanimously, voted in favor.) IX. Old/New Business:

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367 Main Street, Hyannis, MA A regularly scheduled and duly posted meeting of the Barnstable Board of Health was held on July 13, 2010. The meeting was called to order at 3:00 pm by Chairman Wayne Miller, M.D. Also attending were Board Members Junichi Sawayanagi and Paul J. Canniff, D.M.D. Thomas McKean, Director of Public Health, and Sharon Crocker, Administrative Assistant, were also present.

I. Hearing – Tobacco:

Tobacco violations as reported by Bob Collette of Barnstable County Tobacco Control.

A. Rite Aid Pharmacy, 530 West Main Street, Hyannis – First Offense, tobacco products sold to a minor.

Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to issue a written Warning. (Unanimously, voted in favor.)

B. Hess, 50 Ocean Street, Hyannis – First Offense, tobacco

products sold to a minor.

Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to issue a written Warning. (Unanimously, voted in favor.)

II. Hearing – Septic: A. Joseph & Inessa Katsman, owner – 45 Straightway, Hyannis, failed

septic system.

No one was present. Staff was unable to reach Mr. and Mrs. Katsman to confirm the meeting date. Will send written confirmation that they will be on the August 10, 2010, Board of Health meeting. The Board voted to Continue to the August 10, 2010 meeting. (Unanimously, voted in favor.)



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B. Carol Carson, Executrix – 19 Old Stage Road, Centerville, failed system, requesting a one-year extension to the repair deadline, unoccupied and water turned off.

Applicant withdrew request. Property was sold on July 9, 2010. New owner, Edward Lennon, is aware of requirement for new septic. III. Variance – Septic (Cont.):

A. Peter McEntee, Engineering Works, representing Mary Schoebel, owner – 11 Nyes Point Way, Centerville, Map/Parcel 233-069, 0.5 acre parcel, multiple setback variances, continued from Jun 2010 meeting.

Peter McEntee discussed the examination given to locate the septic elsewhere. After reviewing all possibilities, Mr. McEntee feels the most comfortable with his original location. He does not feel comfortable getting closer to the neighboring well-currently 101 feet. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve the septic plan pending the following conditions: 1) the owner will meet the requirements of the regulation by registering a note on the Deed at the Registry of Deeds that there is an Innovative Alternative Septic System and it requires a monitoring plan, and (2) this will be Continued to the August 10, 2010 meeting to review the monitoring plan to be submitted. (Unanimously, voted in favor.)

B. Linda Pinto representing Justin and Martina Larhette, owner – 10

Flowing Pond Circle, Osterville, Map/Parcel 146-066, 0.36 acre lot, septic failure, one-bedroom deed restriction, proposed increase in flow to a 2 bedroom capacity using I/A system.

Applicant applied for a Continuation to August 10, 2010 meeting.

IV. Variance – Septic (New):

A. Daniel Ojala, Down Cape Engineering, representing Dennis and Susan Ausiello, owners – 80 Cross Street, Cotuit, Map/Parcel 033-029, 0.50 acre lot, 5 variances, upgrade in system, new construction – expansion of habitable space.

Dan Ojala presented the plan. Mr. Ojala had the property as an existing four bedroom. However, there are two applications in the Health records showing the property as a three bedroom. The Board views it as an increase in flow from a three bedroom to a four bedroom. The property has only one corner of parcel in the Estuary Zone. The septic system is located outside the zone and, therefore, has the ability to be increased. As an increase in flow, the plan must also show a full reserve area and have four test holes done.

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Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to continue to the August 10, 2010 meeting to have a revised plan submitted with a full reserve area and four test holes. (Unanimously, voted in favor.)

B. Peter McEntee, Engineering Works, representing Kathleen Logan, owner – 20 Sunset Avenue (duplex), Centerville, Map/Parcel 226-171, 6,230 square feet parcel, failed septic system, multiple variances due to site constraints.

Peter McEntee presented the plan. After discussion of options, the Board felt the plan offered the best protection. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to approve the plan with the following condition: (1) pending the Continuance to the August 10, 2010 meeting for approval by the Board of the monitoring plan, and (2) a four-bedroom Deed Restriction will be submitted to the Registry of Deeds and a proper copy will be submitted to the Board of Health. (Unanimously, voted in favor.)

C. F.P. Lee, Horsley Witten Group, representing Town of Barnstable – 425 Sandy Neck Road, West Barnstable, Map/Parcel 263-001, 1,188 acres, upgrading septic system, building renovation – bathhouse/ concession building, using existing grease trap with a proposed grease trap variance, and one septic variance.

Mark Nelson, Horsley Witten Group, presented the plan to the Board. The Presby System is being used for leaching, not for the treatment of water. Therefore, no monitoring plan is required. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve the plan without additional conditions. (Unanimously, voted in favor.)

V. Variance – Food (New):

Temporary Food Event: Michael Regan, Irish Festival to be held at the Melody Tent, 21 West Main Street, Hyannis, on Tuesday, July 27, 2010.

Bob Bag was present for the Irish Festival. There will be three food vendors. The Board did not have the full package of the vendors. Bob Bag did not bring the full package with him. Mr. Bag stated the scheduled time of the event is from 3pm to 10 pm. The Board explained that normally the events are limited to a four hour period without addition cooling.

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There were three vendors reviewed: (1) Captain Parker’s – bringing chili and clam chowder, (2) Tommy Doyle – Irish stew, and (3) Chapin’s Fish and Chips – Lobster Rolls. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to approve the event with the following conditions: (1) the applicant will provide copies of the package with the three vendors and their servsafe certificates, along with a diagram of the locations of the food and hand wash stations. (Unanimously, voted in favor).

VI. License: Disposal Works (Septic Installer): Brian Reyenger, Crowell Road, East Falmouth, MA The Board reviewed the application for Brian Revenger. His references had many good comments to say in support of the issuance of a septic permit. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to approve Brian Revenger for a Septic Installer’s Permit. VII. Body Art Practitioner Permit: Rebecca Marona, Centerville, MA, to work at Oottat Tattoo, 599 Main Street, Hyannis. The applicant withdrew her application at this time. VIII. Old/New Business:

A. Follow up from June 8, 2010 meeting: Safety adjustments made to existing swimming pool at Sandy Terrace – 570 Wakeby Road, Marstons Mills.

The Board discussed a temporary solution for the end of the year. The temporary solution involved additional screen walls, coming out at a right angle from the recently installed ones and reaching approx. 6 feet towards the direction of the railing in the pool. It was recommended (however, not required), that they attach the additional screening to the other recently-installed screening to provide additional strength. This will leave an eight feet opening to enter into the pool and a railing will be in the center of that opening. The Board expects to see the situation resolved next year so the pool properly meets the standard requirements. Upon a motion duly made, and seconded, the Board voted to approve the temporary solution for the pool until Sandy Terrace’s season ends this year, 2010. (Unanimously, voted in favor.)

B. Letter – Albert Colton, owner, 94 Holly Point Rd, Centerville – septic

replacement deadline (wants to reserve the right for a hearing).

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Mr. McKean contacted Mr. Colton. He is expected to request a hearing, possibly for the August 10, 2010 meeting.

C. Food Service Permit Fees for schools and churches. The Board of Health must ask the Town Council for clarification of whether we want $100 fee from these non-profit or whether they want the non-profit and other governmental agencies. The schools are required to offer the food to the children. This is one consideration to keep in mind. (Currently, the other town departments also pay for Hazardous Materials Permits, as well.)

D. Lifeguards at pools. George “Skip” Simpson, Anchor In, suggests three tiers considered for lifeguard requirements depending on the use of the pool, etc. He suggests this would be similar to not requiring all intersections to have a red light, or a blinking red light, etc. Deborah Comera said she knows that Skip has looked into this variance thoroughly during this past year and she is in agreement with his proposal. She has spoken to 20 pool owners who are also in support of this. Peter Martino, Heritage House, has two pools and favors reducing the requirements for lifeguard coverage. Mr. Martino stated that without the regulation, the motels still are held as responsible to provide safety to all their customers whether it is in the room or pool or restaurant, etc. Junichi Sawayanagi feels it is not necessary to regulate the coverage of pools. The Board discussed the possibility of relaxing the lifeguard requirements, starting with condominium pools. The hotel owners brought up the fact that there are more people milling around a hotel pool versus a condominium pool and thus, they feel the condo setting would not be as safe a place to start as some of the other pools. The hotel pool managers were anxious to have an opportunity to have fewer requirements. The Board voted to continue the discussion to a later meeting.

E. Smoking Bar – Changes in the Mass General Law. Discussed the proposed changes by the State and the possible veto. Voted to Adjourn. 6:05 pm

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Board of Health Meeting July 18, 2010

List of Attachments Presented at the Meeting

1) Variance – Septic (New): Property: 80 Cross Street, Cotuit, Map/Parcel 033-029 Item: Engineered Septic Plan done by Down Cape Engineering -with Floor Plan- plan dated 6/01/10 and seal dated 6/1/10. 2) Variance – Septic (New): Property: 18 - 20 Sunset Avenue (duplex), Centerville, Map/Parcel 226-171 Item: Engineered Septic Plan done by Engineering Works -with Floor Plan- plan dated 6/28/10 and seal dated 6/28/10.

3) Variance – Septic (New): Property: 425 Sandy Neck Road, West Barnstable, Map/Parcel 263-001 Item: Engineered Septic Plan done by Horsley Witten Group, Inc for Sandy Neck new bathhouse and garage – plan dated 6/25/10 and seal dated 7/9/10. 4) Letter from Albert H. Colton, Longmont, CO regarding the property at 94 Holly Point Road, Centerville, Map/Parcel 232-042.

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