HomeMy WebLinkAbout2005 Apr 25 - BOH Minutes Re: Condo Variances
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1146 ROUTE 28 SOUTH YARMOUTH MASSACHUSETTS 02664-4451
Telephone (508) 398-2231, Ext. 241 — Fax (508) 760-3472
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BOARD OF HEALTH
APRIL 25, 2005
MINUTES
Benjamin Gordon, MD, Chairman
Patrick McDermott, Vice Chairman
Robert Brown, Ph.D, Clerk
Helen Shah, DNSc
Ann Greenbaum, RN
OTHERS: Bruce G. Murphy, MPH, Health Director
Amy vonHone, Assistant Health Director
David Flaherty, Health Inspector
Charles Lufkin, Pilgrim Acres Condominium Trust
Edward Kelley, registered land surveyor, 298 Weir Road,
Yarmouth Port
Mark Robinson, owner, 298 Weir Road, Yarmouth Port
Charles Estus, abutter, 298 Weir Road, Yarmouth Port
Peter Daigle, attorney for owner, 1750 House, 281 Route
28, West Yarmouth
Jodie Becal, wife of owner, 1750 House, 281 Route 28,
West Yarmouth
Andrew Arnault, Building Inspector, Town of Yarmouth
Peggy Rose, Board Secretary
I. Approval of Minutes of Meeting of April 4, 2005
Under III. Hearing — 1750 House, 281 Route 28, West Yarmouth — Operating
Without Lodging House License, page 3, first paragraph, second sentence to read:
Mr. Arnault replied that new ceilings have been installed and kitchens and
bathrooms were renovated. Page 3, second paragraph, second sentence to read:
Mr. Becal has not responded to any of his calls.
Under IV. Hearing — Application for Tattoo License — Ralph Nicotra, page 4,
third paragraph, second sentence to read: The Board had previously approved a
tattoo license to a person who had a much longer "rap sheet".
Under V. Other, page 4, first paragraph, second sentence to read: The Health
Director advised the Board of a new magazine entitled Cape Cod Home &
Remodeling.
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II. Variance Request - Pilgrim Acres Condominium Trust, 90 Seaview Avenue,
South Yarmeuth
The Health Director advised that swimming pool regulations require someone with
CPR and first aid training be on the premises. The pool at Pilgrim Acres operated
under the regulation last summer because of a late start in requesting the variance.
Because of low usage of swimming pools at condominiums, the Board has granted a
variance from that regulation. Pilgrim Acres may be the last condominium with
owners mostly onsite to request this variance. Other motel condos on Route 28 will
probably not be considered for this type of variance as these have rooms for rent.
Health Inspector David Flaherty advised that the condominium has never had a
problem with their pool inspection. Oceanside Pool is their certified pool operator.
Dr. Shah asked about rentals of the units. Charles Lufkin advised that there are 24
cottages and rentals are done by the individual owners. He would guess that no more
than 15 to 20 percent are rented.
Ms. Greeenbaum asked about an emergency telephone. Mr. Lufkin stated that there
was one specifically for 911 calls located in the laundry room across from the pool.
There is a sign posted that states "NO LIFEGUARD ON DUTY" as required by the
state.
Dr. Shah stated that she thought this was a reasonable request noting that the Board
had granted the same variance to other condominiums and some of those have a
larger number of units. Mr. Lufkin stated that the units are private residences and the
owners want to be able to treat the swimming pool in the same manner.
Mr. McDermott did not see a good reason to grant the variance since they were able
to operate under the regulation last year. Mr. Lufkin stated that the pool was closed
quite a bit because the certified people were not on the premises. The association
received calls last summer from renters who complained about the pool being closed.
The Health Director asked Mr. Lufkin what safety precautions the association will be
undertaking concerning the pool. Mr. Lufkin advised that each owner has a key to
the pool gate which cannot be duplicated. Anyone using the pool must sign the pool
log. Three of the trustees have the residences surrounding the pool.
Mr. McDermott stated he still was not convinced of the need for the variance. Dr.
Shah replied that as long as safety was being maintained, she would be in favor of
granting the variance.
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MOTION: (Dr. Shah) To approve the swimming pool regulation variance to the
Pilgrim Acres Condominium Trust with the conditions that no, one can swim alone,
there must be at least two people at the pool when it is in use and non owners must
sign document stating they understand the pool regulations.
Seconded: Ms. Greenbaum
Discussion: None
Vote: Carried by a 4 -1 vote with Mr. McDermott voting in the negative.
III. Variance Reguest - 298 Weir Road, Yarmouth Port - Construction of New
House and Septic System
Land surveyor Ed Kelley advised that registered sanitarian Stetson Hall, who
drew the plans for the septic system, could not attend the meeting due to a family
medical emergency. The Health Director advised that the normal procedure is to
have the person who drew the plans attend the meeting, but because these were
setback variances being requested, he, did not feel it was necessary for Mr. Hall to
attend due to the circumstances.
Mr. Kelley advised that the Conservation Commission had approved the plan.
Board of Health approval is needed next so that the applicant can appear before
the Planning Board in order to create two lots out of the parcel.
Mr. McDermott asked about house plans which are usually submitted along with
the septic plan. Owner Mark Robinson advised that because the Conservation
Commission requested a change in the location of the house, the plans will have
to be revised. He stated that it will be a 3 bedroom house and the Health
Department will have to sign off on the building permit which will include the
house plans. He did show the Board a preliminary floor plan for a 3 bedroom
house.
The Health Director asked what kind of wetlands surrounded the property. Mr.
Kelley replied that there were old cranberry bogs and a vegetated wetland. Mill
Pond is a distance from the proposed house.
Mr. McDermott asked what the applicant was giving the Board in exchange for
approval of the variances. He noted that an alternative system was not being
proposed. Mr. Kelley replied that there will not be much disturbance of the site.
The soil conditions found were much better than are normally found in that area.
The Health Director advised that the septic system will be 7 feet above
groundwater and will provide better filtration. Five feet above groundwater is the
required distance.
Abutter Charles Estus was concerned that failure of the septic system would cause
damage to the wetlands. Mr. Kelley replied that the septic system should not fail
if it is maintained properly. Dr. Brown recalled that the Board had required other
applicants to install a liner between the road and the septic system to prevent
septage from escaping.
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