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Home My WebLink About2002 Oct 10 - Faxed BOH Minutes to Best Inn AItMOUTiI EALTH EPARTMENT 114fi ROUTE 28 SOUTH YAR�VIOUTH, MA 02b64 (508) 398-2231, EXT. 241 F,AX: (508) 398-0836 FAX TRANSMITTAL �To: G��' FAX NUMBER ��' d J � FROM: �/A�{/!C �d^�y{� G -�u�1 � �SA�C�O� DATE• U� . �: (��S�` fNnl �c��- �C�� , PAGES INCLUDING COVER SHEET:�, �S S � ��e�il�f �-e , �^� �� , �� NOTES: l�ja� �� U � . `/ � The document and injormation submitted with this facsimile trunsmission may contain confidential information from the Yat'moath Health Department.I,f}'vu are not the intended recipient,p[ease be advised that utry disclosure or use of the contents of this fi�r transmission is prohibited if you have received this fax in error,please notify the Yarmouth Health Department immediately to permit tiris department to arrange for the retrieval of the original document and all copies. $°�.Y��'� TOWl�T OF YARMOUTH � _ : ° _ 0 `� 1146 ROUTE 28 SOUTH YARMOiJTH MASSACHUSETTS 02664-4451 N MATTACNEES � �,�,,��o�b�+� Telephone(508) 39R-2231, Ext. 241 — Fax(508) 398-2365 BOARD OF HEALTH BOARD OF HEALTH MEETING MINUTES MONDAY, SEPTEMBER 9,2002 MEMBERS PRESENT: Charles Kelliher, Chairman Robert Brown, Ph.D., Clerk Patrick McDermott Helen Shah, DNSc MEMBERS ABSENT: Benjamin Gordon, MD, Vice Chairman OTHERS: Bruce G. Murphy, MPH,Health Director Matt Farrell, project engineer, 13 Sagamore Road, West Yarmouth Leonard Gallagher, owner, 13 Sagamore Road, West Yarmouth Matthew Dupuy, attorney for owner, 14 Pheasant Cove Circle, Yarmouth Port Arne Ojala, project engineer, 14 Pheasant Cove Circle, Yarmouth Port David Patel, manager, Best Inn Suites Kevin Patel, owner, Best Inn Suites Peggy Rose, Board Secretary II. Aqproval of Minutes of Meetin� of August 19,2002 Under II. Hearing-Hydrological Study and Proposed Wastewater Treatment Plant-Mill Pond Village, Camp Street and Buck Island Road, page 1, first paragraph, last sentence to read: Therefore, there is no record of the treatment meeting a discharge of 7.2 ppm nitrogen. Page 3, first paragraph, first sentence to read: T'he deadline for submitting comments to DEP regarding the proposed treatment facility is on Friday. MOTION: (Ms. Shah) To approve the minutes of August 19, 2002 as corrected. ----- - -- -- __c��.,,....,ao.�. 71.. n..,�. ,... _,�..�._�_ - -, - .�.�+vliuGcc:'_"I7f-D'1v�Vi�-'_.__�-- . . . . ->.-- -.,..,. -----�--------. ...�— .. .. .. . . ._—._. --. . ----- ---- ------- -__.. _ .._. _ ._ Discussion: None Vote: Unanimous Page 1 of 5 �� Printed on ( Recycled S Paper III. Variance Repuest�,13 Sagamore Road,West Yarmouth Matt Farrell, project engineer from Bennett & O'Reilly, advised that the owner would like to upgrade the septic system and replace the e�sting dwelling. There will be a slight increase in the footprint of the house by 458 square feet making a total of 2,406 square feet overall. That averages out to an increase af 25' by 25' on the f�rst and second floors. The proposed street level floor will have no living space and no plumbing will be installed. A new Title 5 septic system wi11 be installed. The applicant is requesting a variance to have the leaching system 3 feet above adjusted high groundwater rather than the 5 foot separation required by th�state. The Health Director stated that when the habitable living space of a house is expanded or is demolished and rebuilt, the septic system is required to be to be 5 feet above adjusted groundwater. Mr. Fazrell advised that the project will need to be approved by the Boazd of Appeals. No date has been set for that heazing. The Conservation Commission has already given its approval. The Health Director asked if there would be a door on the den, Owner Leonard Gallagher replied that there would nat be one. T'he Health Director stated tha.t the house must remain a true 3 bedroom house. Mr. Kelliher stated that the house was e�anding from 1,948 square feet to 2,600 square feet. Mr. Farrell replied that 2,406 square feet would be living space. The Health Director asked about the location of the current septic system. Mr. Farrell advised that the current system consists of a septic tank and leach pit. It is located in front of the house mainly under the driveway. Mr. McDermott stated that when variances are granted by the Board, there is usua,lly some kind of accommodation by the applicant. He asked what was the Board receiving in return. Mr. Farrell replied that the proposed septic system will maintain the required 5 feet separation distance above groundwater. An alternative septic system would not provide that much treatment as this is a seasonal home. Mr. Fatrell advised that he would discuss installing an alternative system or raising the septic system with the owner. ___ The Health Director stated that if the septic system is raised, it will need a retaining wall. If an alternative system is installed, additional variances will be needed because of the size of the septic tank. Page 2 of 5 Because of the concerns of the Board, it was agreed to cantinue the hearing until Monday, September 16, 2002 at 3:45 PM. The engineer will present septic plans showing the septic systern 5 feet above groundwater. A second plan will be submitted showing an alternati�e septic system. VI. Variance Reqaest — 14 Pheasant Cove Circle. Yarmoath,Port — Eznired Variance Matthew Dupuy, attorney for the owner, advised that the real estate closing had been delayed until February of this year and the owner then had difficulty in hiring a septic installer. The footprint of the house has been slightly reduced and a bulkhead added. Arne Ojaia, project engineer, advised that there are no changes to the proposed septic system or the variances that were required. The variances previously approved by the Board were also approved by DEP. The Health Director stated tha.t the abutters had many questions at previous meetings about the septic system and its affect on the area. Mr. Ojala stated that he felt the fynal design of the septic system would not cause any problems for the neighborhood The Chairman stated he would like to see hay bales installed around the catch basin during construction. He asked if the property was for sale as he ha.d seen a for sale sign while on a visit to the area. Mr. Dupuy replied that he did not know if it was. MOTION: (Mr. McDermott) To approve the variance request for 14 Pheasant Cove Circle. The variance will expire 9U days from the date of this meeting, hay bales will be installed around the ca.tch basin prior to construction and the ca.tch basin will be cleaned at the end of construction. Seconded: Dr. Brown Discussion: None Vote: Unanimous The Board then took a five minute recess prior to the ne�heazing, IV. $est Inn Suites. West Yarmouth,— Violations of Minimum Standards, for Swimmin,gPools Health Inspector David Flaherty advisetl that an automatic chlorinator for the ___ _ ____ --�vhirl�o6� ��ri�sta��nc�safety equipment is now accessible. `�e outdoor pool has been closed and the owners are considering filling it and using the space for parking. In addition to the swimming pool violations, there have been trash complaints filed regarding mattresses and other debris. On August 6, 2002,the septic system servicing some of the rooms overflowed and 6 room were closed. Page 3 of 5 The Health Director advised that the owners had contacted BSC Engineering regarding a master septic plan for the property. The motel now has several septic systems. Each of them service a specific number of rooms and several of them are located under the pavement. The Health Director asked how the management of the motel let conditions get so bad. T'he owner and manager had no respons�e to the question. The Health Director then advised them that they needed to spend more time on the issues that caused the Board to schedule this hearing. He stated that they could have a big liability problem if they did not. Mr. McDermott suggested the Board close the pool facilities since the management was not doing their job. The Cha.irman advised that if another hearing is required, the Board can order the owners to hire a lifeguard in order to ensure that the swimming pool regulations are being followed. Mr. McDermott asked the Health DirectQr if the Board could close the motel. The I�ealth Director replied that if the department received complaints and upon investigation found that conditions warranted action by the Boazd, it could be closed. Mr. Flaherty advised tha.t the trash outside the dumpster azea had been picked up but some of it had just been moved into the fenced in area. This area still needs to be cleaned. Ms. Shah asked if the Best Inn company makes inspections of its franchises. Mr. Patel stated that they make an inspection in May and again in October. Several Board members e�ressed their displeasure at the conditions of the moteL The Chairman advised the owner that if the violations are not rectified, the Board could impose daily fines. He told the owners tha.t they could expect visits from the Board members to check on their progress. V. ther The Health Director advised the Boazd that he had received noticed from DPH that because of state budget cuts, the town will be receiving 19% less flu vaccine tha�last year. The department will try to buy additional vaccine. He has been informed by a bartender at the Moose lodge smoking has not been permitted at the lodge since the court ruled in favor of the Board. Several cigarette butt cans have been placed outside the front door. The lodge may be appealing the court decision. Page 4 of 5 Mr. Flaherty was asked about the letter he sent to Anthony's Cummaquid Inn regarding the swimming pool. Mr. Flaherty advised he had spoken with the management and was told that no rooms were being rented to the public and the pool is not open to the public. The pool is for the owner's use only. VI. Adiourn There being no further business,the Chairman adjourned the meeting at 5:00 PM. Respectfully submitted, Robert Brown, Ph.D., Clerk Minutes Taken by Peggy Rose Page 5 of 5