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HomeMy WebLinkAboutBOH Minutes of Meeting 5/7/84 • • 4� /�,,` TOWN O F YARMOUTH SOUTH YARMOUTH MASSACHU SET TS 02664 ,'!CA- ESE ' °4PORAtt9\5 ' BOARD OF HEALTH BOARD OF HEALTH - MINUTES OF MEETING - May 7, 1984 MEMBERS PRESENT: Chairman Gerald Garnick, Vice-Chairman Virginia Rob- inson, Dr. Harold Gursha, Dr. Benson Charif, Mr. Leo Decoteau ALSO PRESENT: Bruce Murphy, Health Agent Carol Ziokowski, Recording Secretary Gordon Clark, Jr. , Chairman, Cemetery Commissioner Joe Poole, Cemetery Commissioner Albert White, Cemetery Commissioner DeWitt Davenport, Davenport Realty Trust Will Joy, Coastal Engineering Dan Speakiaan John Gilligan, Mgr. Riviera Beach Motor Inn Peter Gavin, P.E. Atty. Michael Stusse Arne Ojala, Engineer Ross Joly Richard Olson, abuttor to Lot 4, Flintlock Way Barnard Lenahan, abuttor to Lot 4 , Flintlock Way Maureen Lenahan, abuttor to Lot 4, Flintlock Way Bryce Bundall, abuttor to Lot 4, Flintlock Way William Weller, Weller & Lowe faulCocharan, owner, Condominium, Seaview & Howes Rd. Doug & Harry Botsivales , Lobster Hut Restaurant Chairman Gerald Garnick called the meeting to order at 7: 02 PM. Dr. Charif was welcomed back from his vacation. MOTION: (Mrs. Robinson) To accept the minutes of April 2 , 1984 . (Dr. Gursha) SECOND ( as amended Vote : Unanimous (5 Yes, 0 No, 1 Absent) II . Discussion/Decision: Site Approval: Chandler Grey Cemetery The cemetery commissioners were present by invitation to discuss the proposed cenetery. The cemetery commissioners had requested, through their engineer, Thomas Kelley, site approval from the Board of Health as required by state statute. There is a letter dated April 3, 1984 from DI;QE giving their approval of the site with certain provisions : each site will use a water tight burial vault a minimum of 3" thick; monitoring wells will be tested annually; fertilizer must be approved by both the Board of Health and the Water Department prior to its application to ground in the cemetery. The Water Department has agreed BOARD OF HEALTH, Minutes of Meeting, May 7, 1984 Page Two with DEQE, and will be watching two monitoring wells of their own be- sides the two existing ones put on the parcel by the Cemetery Commis- sioners. Bill Clark of the County Extension service will be working with the Water Department to establish the best type of fertilizer to be used, and the Board of Health will defer to the county's opinion. Sealed vaults, according to Mr. Clark, will be waterproofed and used at every burial site except in the case of cremation. The in- dividual purchasing the plot will be paying for the vault; its cost will be included in the billing of the funeral director. The average cost of the vault will be $200 to $250.00. State law mandates that each town provide burial ground, and the vault system seems to be the only way to be able to use this site. A company in West Barnstable is manufacturing the vaults, which they are waterproofing to the satisfaction of the Cemetery Commissioners. They are the only onces approved by the DEQE. Some cemeteries are prevaulted with cement linings, but Chandler Grey will not be. The vaults are plastic lined, or lined with plywood. It was noted that there is a subdivision adjacent to the cemetery which is more hazar- dous than the proposed cemetery from a public health standpoint. Results from the monitoring wells will be easy to distinguish from the subdivision nearby. The ground water flow at the cemetery site is to the douth. The cemetery is downgradient to one of the municipal supply wells. This will pick up any contaminants from the property. The water department will place a monitoring well on their property near the subdivision, and any pollutants will be distinguish- able and measureable. There are two monitoring wells on the south side now. One is 17' above a clay strata and one is 58', below the clay. This will tell the water department if any pollutants are leaching through the clay. The possibility of substitution of equivilent types of vaults was discussed briefly. To date there is no indication of acceptable substitution from DEQE, and there are not other watertight vaults to choose from to date. There were no citizens present speaking for or against the pro- posed cemetery. MOTION: (Mr. Garnick) To approve the cite of the Chandler Grey Cemetery in compliance with plans described in the April 3 [1984] letter of the DEQE signed by Mr. Ander, Regional Environmental Engineer. (Mrs. Robinson) SECOND Vote: Unanimous (5 Yes, 0 No) III. Discussion/Decision: Riviera Beach Motor Inn Sewage Flow Design, New Addition Three years ago, it was planned to put an addition on this motel. It was necessary then to meet with the Site Plan Review Board; the Board of Appeals, because the motel is in a residential area, and the Conservation Commission for permits to build within 100' of a wetlands (ocean) . The Davenport company received permission 'from the Board of BOARD OF HEALTH, Minutes of Meeting, May 7, 1984 Page Three Appeals. The Conservation Commission gave them notice of intention with conditions. The DEQE intervened with M.E.P.A. , and required an environmental impact report (which cost the Davenport compay $30, 000) which report stated that the building be constructed on piles ra- ther than a foundation because the building is in a velocity zone; the seawall in front of the property was to be removed and the dunes vegetated; the parking lot should not be asphault but rather blue stone. All these items are address in the report which went to the M. E.P.A and ten other agencies, including the DEQE, the Coastal Zone Management, the State Clearing House, etc. It was ascertained that the addition will be added on the same lot to the motor inn; this was to establish a 15, 000 gallon water flow, and to determine lot lines - the property is made up of several small- er .lots. The Davenport company finally received permission from DEQE superseding orders from the Conservation Commission. In order to get the required sign off on the Building Permit, the Board of Health has to approve the variance request for a club license which states that the sewage flow is reduced to 10 gallons/ seat/day. A regular restaurant would require 35 gallons. Mr. Daven- port indicated the eating area is a coffee shop and will so remain. An upstairs section has a small bar for the convenience of the guests; there are several seats in this bar but they are strictly for the non-structured use of the motel guests. Letters from the abuttors have stated that they are not opposed to this variance. Mr. Davenport stated that his company merely wished to be .allowed to do what they had been doing for eleven years . The motel does not solicit outside business, because they cannot ac- comodate extra customers . The coffee shop has two bathrooms. The regular hours cease at 3PM. The motel is one of the few people in town to properly maintain their system. Mr. Murphy has noted the number of gallons used by the motel. Mr. Murphy had no further comments on the background of the motel. A club license does require a variance because of the change is septage usage; the club cannot be open to the public; any one using the club must be a member or guest. and the coffee shop is so restricted. A club license costs the same as a regular license, although the fees used to be reduced. Mr. Davenport keeps a ledger of every guest and is willing to continue to do so for the Board of Health. There is no sign outside to advertise the coffee shop. Each motel room is rated at 110/gallons/day. Originally when the motel was built the requirement was 100/gal./day. Pumping records show that this resort hasn 't had any history of problems with septage. The coffee shop is open daily 7 AM to 3 PM, but is closed between 11 and 12 AM for cleaning. The smaller section served liquor until 11 PM. The requirement for the club license will have no affect on the additional proposed 46 units, but it does allow them not to have a septic treatment plant on site. The club license flow (10/gal/seat/ day) means that with motel occupany, the gallonage will be 14, 700, 300 gallons under the amount which would require treatment facilities. Mr. Davenport indicated that only half the motel guests eat either lunch or breakfast at the coffee shop, mostly when there is a bus tour or large group in on a package plan. There is china BOARD OF HEALTH, Minutes of Meeting, May 7, 1984 Page Four service and stainless steel silverware. The addition of the new rooms will give the motel a total of 128 units, which comply with all regulations. The club license certification has been tolerated but never made official. Mr. Garnick read a letter into the minutes from an abuttor stating that he had no use of the property by his guests : "May 2, 1984 Mr. John Gilligan Riviera Beach Motor Inn South Shore Drive South Yarmouth, MA 02664 Dear Mr. Gilligan: In regards to your question as to the usage of the Riviera Beach restaurant by our guests , we believe that very few frequent your dining facility. As you know, most of our units contain kitchens, and there- fore many of our guests do not dine out. Sincerely, Jim [sig] James L. Johnson" [owner] Edge of the Sea Motel South Shore Drive South Yarmouth Mass 02664 The motel would also like to have outside cafe dining during July and August. A cafe license would be required. Seating would not be changed, just rearranged. Mr. Davenport indicated he was fam- iliar with the cafe license requirements. A letter from the Smuggler' s Beach Motor Lodge next door, contained in this week' s Board packet, indicated that the owners did not object to a cafe style outdoor seating, but did voice concern over the possibility of disturbance, and/or live entertainment. There were no abuttors for or against this request. MOTION: (Dr. Gursha) That the variance be granted as requested to change the requirement to 10 gallons per seat for the restaurant. (Mrs. Robinson) SECOND Vote: Unanimous (5 Yes, 0 No) Mr. Davenport must reapply to the Board for a Cafe License, but will not have to reappear in front of the Board unless there is a problem with it. IV. Variance: (continued from March 12, 1984) Lot 244 Newbury Street, West Yarmouth Town Amendments: . Section 307 ,._,. r•v• Lala► iiizuLS twe uweiiing to two bed rooms as the term "bedroom" is defined in 310 CMR 15.002 A home office or home retail business whose only employees reside in the home, where no additional wastewater is generated other than toilet and hand washing waste, is not considered a change in the type of establishment and does not require the addition of flow for the purpose of designing the system. *** The number of bedrooms in a condominium shall be as specified in the Master Deed.Establishment of bedrooms in excess of the specified number shall be considered an increase in design flow. A home office or home retail business whose only employees reside in the home, where no additional • wastewater is generated other than toilet and hand washing waste, is not considered a change in the type of establishment and does not require the addition of flow for the purpose of designing the system. **** Housing for the elderly exceeding two bedrooms per unit shall be designed based on 110 gallons per day per bedroom. 1. (3) COMMERCIAL Airport per passenger 5 150 Barber Shop/Beauty Salon per chair 100 Bowling Alley per alley 100 Country Club. dining room per seat 10 Country Club, snack bar or lunch room per seat 10 Country_Club, Iockers and showers per locker 20 Doctor Office per doctor 250 Dentist Office per dentist 200 4/21/06 . 310 CMR - 509 ***** Plus flows for bays, if any f i. Kennel/Veterinary Office per kennel 50 Lounge, Tavern per seat 20 Marina per slip 10 500 Movie Theater per seat 5 • Non-single family/ per washing 400 machine automatic clothes washer Office building per 1000 sq.ft. 75 200 Y1. Retail Store (except supermarkets) per 1000 sq.ft. 50 200 Restaurant per seat 35 1000 1000 Restaurant, thruway per seat 150 service area Restaurant, Fast Food per seat 20 1000 Restaurant, kitchen flow per seat IS [for sizing of grease -1."..:::'':::,- trap only] Service Station per bay 150 450 • f` [no gas] . .. per seat 5 3000 ., Skating Rink p Supermarkets • per 1000 sq.ft. 97 Swimming Pool per person 10 Tennis Club per court 250 ' Theater, Auditorium per seat 3 Trailer, dump station per trailer 75 • (4) INSTITUTIONAL Place of worship without kitchen per seat 3 • with kitchen per seat 6 Correctional-Facility per bed 200 Function Hall per seat 15 Gymnasium per participant 25 Gymnasium per spectator 3 • Hospital per bed 200 Nursing Home/Rest Home per bed 150 Public Park, toilet per person 5 waste only - ��, BOARDS OF ,..aF :4ro TOWN OF YARMOUTH SELECTMEN C ASSESSORS ti SOUTH YARMOUI7I MASSACIIUSLTIs 02664 - HEALTH MA°.ros LSE _',x EX ECUTIVr SECRETARY April 24, 1984 BOARD OF HEALTH MEETING AGENDA May 7, 1984 7:00 p.m. Town Office Building South Yarmouth MA' 02664 AGENDA: H c_6 1. Approval of Minutes: Board Of Health Meeting: (- 4 .. April 2, 1984 2. Discussion/Decision: Site Approval: Chandler Grey Cemeteryir - 3. Discussion/decision: Riviera Beach Motor Inn: NI Sewage Flaw Design, New Addition 4. Variance Request: Lot 244, Newbury Street, (continued from 3/12/84) Town Amendments: Section 307 5. Variance Request: Lot 4, Flintlock Way, Yarmouthport: Town Amendments: Section 3.7 6. Variance Request: Condominiums - Seaview Ave & Howes $d. : Title 5, Section 15.03: (7) 7. Cafe License Request: Lobster Hut Restaurant: Route 28, West Yarmouth MA 1 4 8. Discussion/Decision: Nursing Contract Other Business Public Adjournment cc: Town Clerk Board of Selectmen Board of Health f n .!; cl..��_ Water Department i- .. I - 1 s!!.1 file BM/mr