Board of Health Results 2008

Page 1 of 5

BOARD OF HEALTH MEETING RESULTS

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

367 Main Street, Hyannis, MA I. Proposed Revisions to Solid Waste Regulation:

Glen Santos, Supervisor, Solid Waste Division.

The Board voted to approve the revision of the regulations for multiple (more than two) stickers per household. Also, an update was given regarding the proposed recycling of horse manure at the transfer station. Glenn is in discussion with the State Dept of Environmental Protection.

II. Hearing (Cont.):

CONTINUED Deborah Packard, owner – 226 Long Beach Road, Centerville, UNTIL APR 2008 MA – housing violation(s).

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.

III. Show-Cause Hearing:

GRANTED John Lebica, Cape Cod Community College, grease traps. 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.

IV. Continued Items from Previous Meeting Septic Variances:

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

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.

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

Page 2 of 5

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

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

V. Septic Variances (New):

CONTINUED A. David Dadmun representing Karen and William Butler, owners UNTIL - 465 Craigville Beach Rd, Hyannis, 15,000 square feet parcel, FEB 19, 2008 house addition, request for one variance.

The Board voted to approve a Continuance to February 19, 2008, Board of Health Meeting to allow time for a revised plan which is fully compliant.

GRANTED A. Peter McEntee, P.E., Engineering Works, representing Timothy WITHOUT Fulham and Lisa Olney, owner – 63 Blue Heron Drive, Osterville, CONDITIONS 1.61 acre parcel, two variances requested for repair of septic system.

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. The existing tank will be used.There are four bedrooms (including the den). 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.

CONTINUED B. Arthur Pacheco representing Janet Police, owner – 120 Third UNTIL Avenue, Hyannis, 0.09 acre parcel, addition of a sunroom and a FEB 19, 2008 bulkhead to access basement, two variance requested.

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).

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

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. 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.

Page 3 of 5

CONTINUED D. Dan Ojala, P.E., Down Cape Engineering, representing George UNTIL and Alice Fardy, Trustees for Ocean View Motel – 966 Craigville FEB 19, 2009 Beach Road, Centerville, 0.13 acre lot, four variances requested, repair of septic system.

The Board needs time for review of the revised plan and needs a monitoring plan. The Board voted to approve a Continuance to February 19, 2008, Board of Health meeting.

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

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. 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.

DENIED F. 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. 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:

CONTINUED Darren Meyer representing Jamison DaSilva, owner – 47 Suffolk UNTIL Avenue, Hyannis, 11,000 square feet parcel. FEB 19, 2008

Some questions need to be addressed including a plan for how the property will accommodate the parking for all the proposed units. The Board voted a Continuance to February 19, 2008, Board of Health Meeting. VII. Nitrogen Aggregation Plan:

CONTINUED Matthew Eddy, Baxter Nye Engineering & Surveying, representing UNTIL James Murphy, owner – 34 Ost-W. Barnstable Road, Map and FEB 19, 2008 Parcel 120-046-001, Osterville, obtaining “credit land” at 1322 Main Street, Map and Parcel 2119-079, Osterville.

Page 4 of 5

Mr. Eddy discussed his proposal with Brian Dudley, MA DEP. 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 the Board comments before going further with the costs and time. The Board voted on a Continuance until the February 19, 2008, Board of Health meeting to research some legal questions raised.

VIII. Food Establishment Variance Requests:

GRANTED Aaron Webb, owner of The Daily Paper, requesting a variance to WITH toilet facilities, Code 322. CONDITIONS

The Board voted to issue a variance from the toilet facilities requirement until one of the following three occurs: 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). The variance will allow the restaurant to operate with 2 toilet facilities instead of 4. IX. Subdivision # 817 - Definitive Plan (Cont.):

POSPONED Cape & Islands Engineering representing Peter Jenkins, Jr., Definitive UNTIL Plan at 361 Parker Road, West Barnstable, Map and Parcel 176-021, FEB 19, 2008 on public water, on-site sewerage disposal system, continued from Oct 2007 meeting.

X. Request to Reduce Monitoring of I/A System:

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

Test results submitted were good and the Board voted to reduce the monitoring plan to once a year with reporting to the Public Health Division. XI. Old Business/New Business:

CONTINUED A. Ed Pesce, Pesce Engineering, and John Kenney, Attorney, representing UNTIL 381 Old Falmouth Road, Marstons Mills –septic system discussion FEB 19, 2008 regarding failure (continued from BOH January and June 2007 Meeting).

Mr. Pesce will come back to the Board on February 19, 2008, with additional requested information. 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.

XI. Updates: CONTINUED A. Cynthia Cole- Continued discussion of touchless faucets. UNTIL

Page 5 of 5

FEB 19, 2008 Cynthia Cole wrote a proposal to the Health summarizing the meetings to date. The Hyannis Business District is 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.

CONTINUED B. Thomas McKean will work on a revision to Chapter 385-4 for UNTIL February 19, 2008 meeting – changing the current regulations of FEB 19, 2008 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.

Board voted to adjourn at 7:00pm.

Page 1 of 3

RESULTS OF BOARD OF HEALTH MEETING

Tuesday, February 19, 2008 at 3:00 PM Town Hall, Selectmen’s Conference Room

367 Main Street, Hyannis, MA

I. HEARINGS: A. Proposal to regulate high liquid levels in leaching pits.

Approved.

B. Proposal requiring applicants to file revised plans a minimum of ten

days prior to scheduled hearing.

Approved.

II. Show- Cause Hearing – Housing (New): Marilyn Higgins and Cindy Gold at 92 County Seat, Hyannis – Housing violations.

Ordered to clean up by March 1, 2008. (2) (3) Tim (4) Legal Dept. III. Septic Variances (Cont.):

A. David Coughanowr representing William Gordon – 62 Point of Pines Avenue, Centerville, 9,930 square feet lot, requesting two variances for repair septic system (continued from Jan 2008 BOH)

Granted with the following conditions: (1) three-bedroom Deed Restriction recorded at Registry of Deeds and filed with the Health Division, and (2) DEP approval.

WITHDRAWN B. David Dadmun representing Karen and William Butler,

owners - 465 Craigville Beach Rd, Hyannis, 15,000 square feet parcel, house addition, request for one variance (continued from Jan 2008 BOH) 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, one variance requested (continued from Jan 2008 BOH).

Granted with the following condition: a liner is required.



Page 2 of 3

D. 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 (continued from Jan 2008 BOH).

Granted with the following conditions: (1) a ten-bedroom Deed Restriction be recorded at the Registry of Deeds and filed with the Health Division.

IV. Septic Variances (New):

A. Peter McEntee, Engineering Works, representing Paul Soares, owner – 25 Blantyre Avenue, Centerville, 20,000 square feet parcel, emergency repair of septic with one setback variance.

Granted with the following conditions: (1) a three-bedroom Deed Restriction be recorded at the Registry of Deeds and filed with the Health Division. (2) a two-year monitoring plan be submitted.

POSTPONED B. Whitney Wright, owner – 4308 Main Street, To MARCH 11, 2008 Barnstable, 145,800 square feet parcel, one variance. 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). CONTINUED TO The Health Division will (1) get reports on the two inspections BOH MEETING done by the Building Division, (2) a site visit will be done, and MARCH 11, 2008 (3) the owner must be present at the BOH meeting March 11, 2008.

Need Parking Information from the owner. VI. Correspondence: Letter from William and Myrna Elkins regarding 47 Suffolk Avenue, Hyannis. VII. Six or More Bedrooms (New):

A. Stephen Wilson, Baxter Nye Engineering, representing J. Brian O’Neill, owner – 85 Ocean Avenue, Hyannis, 1.3 acre lot.

GRANTED – Six Bedroom B. Sullivan Engineering representing Richard Brand – 80 Edgehill Rd,

Hyannis, 26,700 square feet parcel, house addition, 9 bedrooms. GRANTED – Nine Bedroom

VIII. Nitrogen Aggregation Plan (Cont.): PROJECT Matthew Eddy, Baxter Nye Engineering & Surveying, representing CANCELLED 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 (continued from Jan 2008 BOH).

Page 3 of 3

IX. Variance – Food (New): Ed Pesce representing Allen Sylvester, American Tent – 381 Old Falmouth Road, Unit#41, Marstons Mills, variance for grease trap. GRANTED with the following conditions: (1) the Engineer must calculate for 3,400 gallons for all units in the septic system (American Tent is included in the 3,400 gallons), and (2) American Tent will do three monthly tests (May, Jun and Jul 2008) for measurement of grease removal.

X. Subdivision # 817 - Definitive Plan:

POSTPONE Cape & Islands Engineering representing Peter Jenkins, Jr., to MARCH 2008 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.)

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

A. Joseph Dunn, Island Merchant and Jeff Horn, Big Dipper, regarding grease recovery device and testing.

Continued to March 11, 2008. An additional grease removal test is required and Mr. Dunn must appear at the next meeting on March 11, 2008.

POSTPONE B. Ed Pesce, Pesce Engineering, and John Kenney, Attorney, To MARCH representing 381 Old Falmouth Road, Marstons Mills –septic 2008 system discussion regarding failure (continued from BOH Jan. and June 2007, and Jan 2008).

C. Commonwealth of Massachusetts letter regarding Massage Therapy. D. Craig Short, Engineer, response on 373 Scudder Avenue, Hyannis.

XIII. Updates:

A. Cynthia Cole- continued discussion of touchless faucets.

XIV. Executive Session.

Page 1 of 3


Tuesday, March 11, 2008 at 3:00 PM Town Hall, Hearing Room


I. Show- Cause Hearing – Housing (New): DISMISSED Marilyn Higgins and Cindy Gold at 92 County Seat, Hyannis

– Housing violations. Housing Violations Dismissed. Trash has been cleaned up and the pile of antiques are being handled.

II. Hearing – Housing CONTINUED UNTIL James Madru, Manager, Breakwater Condominiums, SEP 9, 2008 BOH dumpster setback to property line. MEETING

The Breakwater Condominiums was granted a temporary variance to continue the use of the dumpster 5 feet from property line until Sep 9, 2008 at which the Board will review whether it had been kept properly emptied and the area clean.

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. The Board acknowledged the proposed plan would be ok with a two-compartment septic and the Health Division would need floor plans. An I/A system would not be required.

IV. Septic Variances: POSTPONED A. Whitney Wright, owner – 4308 Main Street, Barnstable, UNTIL APRIL 8 145,800 square feet parcel, one variance (postponed from BOH Meeting Feb 2008 meeting). The Board needs corrected plans and variance request revising the map and parcel number, along with specifying the desired variance.

V. Six or More Bedrooms (Cont.): DENIED Darren Meyer representing Jamison DaSilva, owner – 47 Suffolk

Avenue, Hyannis, 11,000 square feet parcel (continued from Jan 2008 BOH).



Page 2 of 3

The obstacles the applicant 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.

VI. Correspondence:

READ Letter from William and Myrna Elkins regarding 47 Suffolk Avenue, Hyannis. VII. Six or More Bedrooms (New):

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

The septic would be installed before the sale of the property.

APPROVED B. Sullivan Engineering representing John and Ann Marie Cotton, owners – 161 Marquand Drive, Marstons Mills, 5.08 acre parcel. Proposed seven bedrooms. 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. TWO discussions were voted on. 1) APPROVED - Board approved the variance of the grease trap with the

following conditions: a) it is approved with the menu filed, b) they will use a grease recovery devise, and c) they will maintain a daily log listing the amount of grease removed, and the daily logs will be easily accessible for the health inspectors.

2) DENIED - Board voted to deny the allowance of a variance from the toilet facility requirement of two.

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).

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.

Page 3 of 3

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.

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:

READ 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).

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. 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.

Page 1 of 4

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

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

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

WARNING 1. CVS # 2322, 176 North Street, Hyannis – First Offense, tobacco ISSUED products sold to a minor. The Board voted to issue a warning as the First Offense.

WARNING 2. Christy’s #610, 317 Falmouth Road, Hyannis – First Offense (in ISSUED six years), tobacco products sold to a minor.

The Board voted to issue a warning as the First Offense. WARNING 3. Sav-On, 590 Iyannough Rd (Rte 132), Hyannis – First Offense, ISSUED tobacco products sold to a minor and smoking inside building.

The Board voted to issue a warning as the First Offense.

Requested 4. Big Daddy’s Pizza (formerly Cotuit Pantry), 4120 Falmouth POSTPONE UNTIL Road, Hyannis – Second Offense, tobacco products sold to a MAY BOH minor.

$100 FINE 5. Hess Express, 149 North Street, Hyannis – Second Offense, tobacco products sold to a minor.

The Board voted to issue a $100 Fine as the Second Offense. II. Hearing – Housing (Cont.):

CONTINUED Deborah Packard, owner – 226 Long Beach Road, Centerville, MA – MAY 13 BOH housing violation(s).



Page 2 of 4

The Board voted to Continue to the May Board of Health Meeting and to have an inspection done by the Health Division to verify the work is complete. III. Septic Variances:

POSTPONED UNTIL A. Whitney Wright, owner – 4308 Main Street, Barnstable, 145,800 MAY 13 BOH square feet parcel, one variance (postponed from Feb 2008 meeting).

GRANTED B. Lisa Lyons representing James and Valerie Lane, owners – 86 WITH CONDITIONS Summerbell Avenue, Centerville, 0.11 acre parcel, 4 variances for septic repair.

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.

CONTINUED C. Peter McEntee, Engineering Works, representing Harold Gramse, TO MAY 13 BOH Trustee – 98 Vanduzer Road, Barnstable, 22,280 square feet parcel, seven variances due to site constraints.

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.

GRANTED D. Peter McEntee, Engineering Works, representing Ernest and Dianna WITH CONDITIONS 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.

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.

GRANTED E. David Coughanowr, R.S., representing Elisabeth Margaret Ricci, PENDING owners – 8-10 Sunset Avenue, Centerville, 5,800 square feet parcel, four INFORMATION variances requested.

David had used a more restrictive determination of the groundwater. The Board will accept a less restricitive method i.e., the monitoring of the groundwater or the use of high tide as the tool for groundwater. This would reduce the size of the retaining wall of 4.35 feet. A two-compartment tank will be needed.

Page 3 of 4

The Board voted to approve the plan pending the final groundwater adjusted 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.

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

TWO VARIANCES: B. John Cotellessa, owner, Original Gourmet Brunch at 517 Main One= Continued May Street, Hyannis, requesting (1) grease trap variance and One = Approved (Toilet) expansion in seating from 70 to 94; and (2) a variance request from toilet facilities from 4 to 3 toilets.

Mr. Cotellessa would like a grease trap variance suggesting that the restaurant pump the outside grease trap more often to meet its needs. The regulations state that prior approval by the DEP is required in this situation- whenever the person is not capable of expanding the grease trap. Two variances were voted on with the results of:

1) The Board will continue the grease trap variance to allow the owner to speak with DEP before the Board vote on the request to approve existing grease trap with additional pump out schedule

2) The Board voted and approved the toilet facility variance-allowing 3 toilets.

APPROVED C. Peter Sullivan, Sullivan Engineering, representing Hyannis Harbor Tours (HyLine Cruises), 230 Ocean Street, Hyannis, requesting toilet facility variance. 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. 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. They will be using touchless faucets. The Board voted to approve the plans with three toilet facilities.

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

The Board approved both variances.

Page 4 of 4

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

The Board approved an interceptor. (No grease trap or GRD required.) V. Disposal Works Installer Applicants:

APPROVED A. James Zarella, Marshfield, MA The Board voted to approve.

APPROVED B. Christian D. Turner, Sagamore Beach, MA

The Board voted to approve.

VI. Subdivision # 817 - Definitive Plan:

CONTINUED 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 1, 2008 to individual I/A systems on each lot.

Page 1 of 5


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


I. Tobacco Hearing: Hearing- Tobacco:

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

FINE $100 A. Big Daddy’s Pizza (formerly Cotuit Pantry), 4120 Falmouth Road, Hyannis – Second Offense, tobacco products sold to a minor.

The Board voted to issue a $100 fine for the second offense.

II. Hearing – Housing (Cont.): CONT TO Deborah Packard, owner – 226 Long Beach Road, Centerville, MA – JUN 10 BOH housing violation(s).

CONTINUED to June 10, 2008 meeting. An Health Inspector will be scheduled

to inspect the premises to verify the removal of two bedrooms on Sat, 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): Withdrawn A. Patrick Page, Trustee - 21 Buttonwood Lane, West Barnstable, Request 41,300 square feet parcel, Map/Parcel 217-031, variance for percolation test.

Patrick Page withdrew his request for the variance.

APPROVED A. Peter McEntee, Engineering Works, representing Harold WITH CONDITIONS Gramse, Trustee – 98 Vanduzer Road, Barnstable, 22,280 square feet parcel, seven variances due to site constraints (continued from April meeting).

The Board voted to approve the variances on the plan revised and submitted at the Board meeting 5/13/08 (as a pressure-dosage plan), with



Page 2 of 5

the following condition: a six-bedroom deed restriction recorded at the Registry of Deeds, and submitted to the Health Division.

IV. Septic Variances (New):

CONTINUED A. Mike Aucoin representing Bergenheim Trust, owner – 112 Nyes TO JUN 10 BOH Neck Road East, Centerville, Map/Parcel 232-011-002, 1.0 acre parcel, repair of septic requesting four variances.

Unanimously voted to CONTINUE TO JUNE 10, 2008.

APPROVED B. John Lavelle, Coastal Engineering, representing Oyster Harbors WITHOUT Yacht Basin Realty, owner, 122 Bridge Street, Osterville, CONDITIONS Map/Parcel 093-009, 1.77 acre parcel, one variance request.

The Board voted to approve the plan dated November 30, 2007, revision date March 19, 2008. (It was a full moon when the test occurred. The plans do show the pipes are waterproofed (as noted on page two) and pipes will be sleeved as on plan. No additional conditions to the plan. CONTINUED C. Arlene Wilson representing Cotuit Oyster Company, owner, UNTIL Jun 10 26 Little River Road, Cotuit, Map/Parcel 053-009, 0.16 acres, BOH requesting a modification of septic system variance issued 4/29/04. CONTINUED until June 10, 2008 BOH meeting at the request of the applicant. APPROVED D. Whitney Wright, owner – 4308 Main Street, Barnstable, WITH CONDITIONS 145,800 square feet parcel, one variance (postponed from Feb 2008 meeting). 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.

V. Variance – Food (Cont): APPROVED A. John Cotellessa, owner, Original Gourmet Brunch at 517 TEMPORARY VARIANCE Main Street, Hyannis, requesting grease trap UNTIL OCT 31, 2008 variance and expansion in seating from 70 to 94. RETURN TO BOARD OCT 2008. The Board voted to approve a temporary variance to expire Oct 30, 2008 with the condition that the grease trap be inspected two times: in Jun 2008 and Aug 2008 and present a written report from inspector showing the ratio of grease and dates emptied during Jun to Oct- to the Oct 2008 meeting. At that time, the Board will use the data to evaluate the frequency needed for future pumping (especially during their heavy season).

VI. Variance – Food (New):

Page 3 of 5

APPROVED A. Felis Barreiro, owner of Alberto’s Restaurant, 356 Main TEMPORARY VARIANCE Street, Hyannis, Map/Parcel 327-004, additional UNTIL OCT 31, 2008 32 seats with a grease trap variance request. RETURN TO BOARD OCT 2008. 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. The seating can be worked out with the inspector and the owner, but once determined it is to stay as that breakout (inside/outside) to allow ease of enforcement. The Board voted to approve a conditional variance with the condition that it be inspected monthly (Jun- Sep) through the summer showing the amount of grease accumulated, if, removed, show amount of removal and dates, and then present written report from their inspector to the Board in Oct 2008 BOH meeting.

GRANTED 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. The Board voted to approve the toilet facility variance for one toilet.

VII. Variance –Temporary Food (New):

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

The Board voted to approve the annual event of SeaCotuit with the condition that the two portable toilets be ordered with running water.

GRANTED B. Leticia Durham, Harry’s Cajun Restaurant, sponsoring “Spring without Conditions 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. The Board voted to approve the Spring Blues Festival event.

GRANTED C. John Rega representing “Taste of Cape Cod” to be held on May WITHOUT 26, 2008 at Resort & Conference Center, 35 Scudder Road, CONDITIONS Hyannis as a fundraiser for the Family Food Pantry.

The Board voted to approve the “Taste of Cape Cod” event.

Page 4 of 5

GRANTED 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. She was unsure of all planned details and the Board approved with the contingency that it meets Mr. McKean’s approval upon review of all details. GRANTED 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.

The Board voted to approve with the contingency that it meets Mr. McKean approval once all details are reviewed. (Mimi did not have all details with her). GRANTED F. Cape Cod Life sponsoring a “Boat Show” food event on without Conditions June 14-15, 2008, at the harbor, Ocean Street, Hyannis. Approved (one vendor this year).

GRANTED G. BayBridge Clubhouse sponsoring “Local Fest” on June 20, WITHOUT CONDITIONS 2008 on Hyannis Village Green as fundraiser

for Department of Mental Health.

VIII. Subdivision # 767 - Modification of Definitive Plan: Down Cape Engineering representing Penelope Hinkley, 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. The Board voted to send a letter to the Planning Board of approval of the proposed plan.

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. The Board agreed to wait on approval until the Board had a chance to speak to the town attorney.

Page 5 of 5

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 solutions. They discussed the possibility of bringing Sue Rask in for a special meeting to discuss the alternative.

X. Emergency Septic Repair: 245 Mitchell’s Way, Hyannis

The Board was satisfied with the emergency repair permit and plan. Voted to Adjourn. 6:15 pm.

Page 1 of 3


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


I. Hearing – Housing (Cont.): REPAIRS DONE Deborah Packard, owner – 226 Long Beach Road, Centerville, No Further Issues housing violation(s).

All work has been completed and additional bedrooms removed according to health inspector. No further action required.

II. Hearing – Housing (New): Moved to Donizete Ronfirm, owner – 83 Uncle Willies, Hyannis, removal Criminal of three bedrooms.

Complaint Case will be deferred to Town Attorney for a criminal complaint. Partial

Condemnation with an Order to Vacate.

III. Septic Variances (Cont): GRANTED A. Mike Aucoin representing Bergenheim Trust, owner – 112 WITH Nyes Neck Road East, Centerville, Map/Parcel 232-011-002, CONDITIONS 1.0 acre parcel, repair of septic requesting four variances. Granted five variances with the following condition: 1) they must submit a monitoring plan, (2) they must put a notice on the deed that the septic system is an I/A system which requires testing and emptying on a regular basis, (3) a 4 Bedroom Deed Restriction must recorded.

GRANTED B. Arlene Wilson representing Cotuit Oyster Company, owner, WITH 26 Little River Road, Cotuit, Map/Parcel 053-009, 0.16 acres, CONDITIONS requesting a modification of septic system variance issued 4/29/04. Granted modification of septic system variance letter dated 2/26/08 with the following conditions; 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. and



Page 2 of 3

a copy given to the Health Agent-if there is a change of use to commercial, they must come before the Board of Health, (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. 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.

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.

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.

The Board voted to extend the variance until Oct 31, 2008 at which time the tanks will be replaced.


A. Theodore Schilling, Esq., representing Tommy Doyles Irish Pub & Restaurant, Map/Parcel 327-090, grease trap variance.

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 keep 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 food establishment has a change of menu or is leased to a party other than the current tenant.

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

(Bank of Cape Cod parking lot), Hyannis.

Page 3 of 3

Board voted to approve the new location for the Mid-Cape Farmer’s Market to 232 Main Street, Hyannis. VII. Temporary Food Permit:

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

The Board voted to approve the foods on the condition that the applicant obtain his state licenses. 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.

The Board voted to approve the change in location.

VIII. Disposal Works Installers:

A. Dennis Earle, Sandwich, MA Approved Dennis Earle. B. Thomas Clancy, Middleboro, MA

Approved Thomas Clancy. IX. INFORMAL DISCUSSION:

Gary James, James Engineering representing Dorothy White, owner – 332 Bone Hill Road, Barnstable, Map/Parcel 337-012, 0.88 acre lot,

The Board expressed difficulty in answering the request without a completed plan.

X. ADDITIONAL ITEM(S) Announcement: 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.

Page 1 of 2

RESULTS OF THE BOARD OF HEALTH MEETING

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


I. Show-Cause Hearing – Housing (New): DEADLINE Marilyn Higgins and Cindy Gold at 92 County Seat, Hyannis – GIVEN Housing Violations.

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.

II. Hearing – Housing: CONTINUED TO Sheila McNamara, owner – 294 Tobey Way, Hyannis, NOV 18, 2008 BOH removal of one bedroom and upgrade the septic system.

The applicants will review their options and come back on Nov 18, 2008.

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):

GRANTED A. Michael Pimentel, J.C. Engineering representing Donald WITH and Susan Shur Thompson, owner – 361 Woodside, West CONDITIONS Barnstable, Map/Parcel 152-031, 35,300 square feet lot, four variances requested for a septic repair.

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. (No Deed Restriction is required as the regulations do not allow an increase to four bedrooms due to the lot size.)



Page 2 of 2

CONTINUED B. Rich Capen, Capewide Enterprise, representing Grazina UNTIL Pileika, owner – 200 Horseshoe Lane, Centerville, Map/Parcel SEP 9, 2008 BOH 207/133, 10,637 square feet lot, two variances for house addition.

David Flaherty will bring the green cards-abutter notices to Mr. McKean and will review options with owner. The Board voted to Continue to Sep 9, 2008 Meeting.

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

The plan is a new type of an I/A system known as Perc Rite System. The system provides environmental protection and the leaching tubing is only 6 inches to grade. It will remain a three-bedroom system. 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) it must be conveyed to each new owner that the maintenance agreement must be maintained and is the responsibility of the owner, and 6) a monolithic tank will be used and 7) the irrigation well will be noted on the plan.

IV. Variance – Food (New): GRANTED A. Dean Walton for Little Sandwich Shop, 223 (a.k.a. 263) WITH CONDITION 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. The Board voted to approve the grease variance.

V. Body Art License: APPROVED Heather Sequeira, Plymouth, MA.

The Board voted to approve Heather Sequeira as a Body Artist. (She will be working at PinCushion.)

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.

Page 1 of 4


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


I. Hearing – Septic:

POSTPONED Celia Freitas, owner – 69 Wayland Road, Hyannis, Map/Parcel UNTIL BOH 271-229, 0.35 acre lot, requests an extension on a repair of SEP 9, 2008 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.

The Board voted to approve a 90-Day Extension to have the doorway expanded to five feet and keep the house a 3-bedroom. (The Board did ok the 4 bedroom, however, the owner said they are content with 3 bedrooms.)

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.

The Board voted to approve a Continuance to September 9, 2008, Board of Health meeting.

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.

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.

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.



Page 2 of 4

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).

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.

The Board voted to approve the variances with the following conditions: a three-bedroom deed restriction shall be recorded at the Registry of Deeds. 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:

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).

The Board voted to approve the submitted plan with the change which had a change in piping material.

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).

Approved 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 be used instead of a hose bibe, 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.

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

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

The Board granted a Continuance until October 14, 2008, and they will be allowed to continue operating in café until then as the other permits are in place by the other departments. 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.

Page 3 of 4

The Board voted to approve the annual temporary food permit which will have pizzas delivered.

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.

The Board voted to approve a temporary body artist permit for both Josh Kuenne and Andrew Regan, provided that their references submitted are good. (Both applicants had good references.) 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. VII. Old Business/New Business:

A. Regulations Recommended for Deletion. The items before were presented as items to take into consideration: It was proposed that wherever the town regulations are in agreement will the state regulations, they can eliminate them. 316.17 If bottom of elevation… Criteria for Inspection 301. Failures of Septic Inspections: 322-1 If in the future, it is found that herbicide is hurting the water, one of the regulations suggested to delete is recommended to keep because it would allow the Board to act if the herbicide became a problem. Dr. Miller requested a copy of 322-1 for the next meeting before they can go further on the above items. Reg: 360-17 and -18 would only be used for vacant lots and for increases in flows. Reg: Screening of Dumpsters: It doesn’t really apply to the health division but we do not anticipate another division to stand up and volunteer to take over this and regulate it.

B. Regulations Which Need To Be Amended and the status.

Page 4 of 4

Outside Dining: the reading is not clear. The BOH’s desire is to have both a door and an air curtain. Information from health inspectors will be sought out.

Screen Door and Air Curtains questions – Response: yes, should come before

the Board. Fuel Tank Exemption – Cindy Cole is working on it. Increase in Ticket Citations – Town Attorney is working on it. Criminal Citations – Continue to be worked on. Bury large animals in yard. (currently can bury dog and horse)-no activity. Touchless faucets. Handle similar to smoking regulations. If not in compliance

by 12/31/08, then they would first have a violation and must do within a certain number of days: then, more fines and deadline for second violation.

Screened Dumpster: BOH will have Mr. McKean speak to Mr. Geiler about

whether he agrees to have the Building Division take over the regulation. Interim Regulations: Commercial. It will go on the October meeting.

The Board’s concern was health and not economic. The Chairman was concerned of whether the BOH can even be allowed to differentiate the application of Interim for specific classes (i.e. residential/commercial) Dr. Miller had met with Mr. Crocker and the group of people heading up suggestions for commercial wording. Commercial only applies to 1 ½% of population in town.

Comments on the commercial side of Interim regulation will be heard on October 14, 2008 Board of Health Meeting.

Feedback from the Interim Regulation:

Dr. Canniff said he received feedback that it was necessary and the Bay (which one was not specified) is worst than ever.

Dr. Miller feels the town needs a comprehensive wastewater treatment plan and the town must get the Wastewater Subcommission in place and moving.

Adjourned.

Page 1 of 2

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


I. Hearing – Septic:

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

DEADLINE to 10/31/08. Board approved extension of septic repair until October 31, 2007 and the

Board would like to obtain the name and contact of mortgage company who will be taking over ownership for repair.

II. Septic Variances (Cont.): DENIED A. Joe Henderson, Horsley Witten Group, representing Mark Ellis, VARIANCE owner - 239 Iyannough Road, Hyannis, Map/Parcel 328-206, -W/B Town Sewer. 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. GRANTED B. Brian Yergatian, BSC Group, representing Mark Holmquist, owner WITH – 59 Nyes Point Way, Centerville, Map/Parcel 233-018, 0.15 acre CONDITIONS lot, multiple variances for repair of septic system.

Work to be done in two phases with two septic permits. One for two-

compartment septic tank. Second, will install 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.)

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



Page 2 of 2

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.

III. Septic Variances (New): GRANTED A. Peter Sullivan, Sullivan Engineering, representing C.M. Gregory and WITHOUT Mary Wells, owners – 312 Smoke Valley Road, Osterville, Map/Parcel CONDITIONS 096-003, 5.20 acre lot, variance for setback to coastal bank. Granted without conditions.

GRANTED B. David Coughanowr representing Philip Noyce, owner –48 Harrison WITH Road, Centerville, Map/Parcel 229-072, 37,900 square feet lot, CONDITIONS four variances from bordering vegetated wetlands due to lot limitations. Revised plans need to show an F1 (effluent) filter and to record a three-bedroom Deed Restriction.

IV. Variance – Food Establishment: GRANTED A. Henry Blair, owner, Osterville Fish Too, 275 Millway Road, WITH Barnstable, Map/Parcel 063-001, toilet facilities variance, for 66 CONDITIONS seats outdoors with two on-site restrooms and multiple restrooms facilities at other businesses on the property.

Approved to keep 66 seats with conditions. There are two bathrooms in food establishment and two in realty office on same property. Conditions: Must have all restrooms available at all hours food establishment. is open (owner has option of how to make available, ie, hand out key to real estate office as needed, etc.) (Obviously, they want to keep non-customer / beach traffic down. Also, they must be very clear to patrons how to gain access to restrooms in separate building (ie, map directions on key chain is possibility.)

V. Variance – Temporary Food Permit: GRANTED Susan Beaudry for Member Appreciation BBQ, to be held at WITHOUT Willy’s Gym- outdoors, 865 Attucks Lane, Hyannis CONDITIONS on September 23, 2008.

Granted. It will be in back parking lot.

VI. License: Disposal Works (Septic Installer) GRANTED Ryan Smith, Oak Street, West Barnstable.

Page 1 of 3


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


I. Hearing – Estuary Ordinance - Postponed to Nov. 18 Board of Health Meeting. POSTPONED UNTIL NOVEMBER 18, 2008

II. Septic Variances (New): GRANTED A. Dan Ojala, Down Cape Engineering, representing Dr. Stanley WITH Goldstone, owner - 223 Fifth Avenue, Hyannis, Map/Parcel 245-041, CONDITIONS 8,000 square feet lot, three variances for repair.

The Board voted to approve the variances with the following conditions: 1) a four bedroom deed restriction shall 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.

CONTINUE B. John O’Dea, Sullivan Engineering, representing Michael and Gisa UNTIL Belanger, owner –100 Cross Street, Cotuit, Map/Parcel 033-032, NOV 18, 2008 0.9 acre lot, four variances for repair.

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 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. The Board voted to approve a Continuance to November 18, 2008 Board of Health Meeting.

III. Innovation/Alternative System: GRANTED WITH Robin Wilcox, Sweetser Engineering, representing Philip and EITHER OF TWO Mary Ellen Nelson, Trustees – 90 Harbor Point Road, SCENARIOS Barnstable, Map/Parcel 352-001, 15 acre lot, house renovation.

The pocket door to the office was removed and the door opening enlarged to five feet. Conservation Division had requested the use of an I/A System and a Singular System was chosen. 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.



Page 2 of 3

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.

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

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. The Board voted to approve the submitted plan for seven bedrooms.

V. Variance – Temporary Food Permit: APPROVED FOR John Rega for Taste of Cape Cod Festival, to be held at TWO ANNUAL Resort & Conference Center, Scudder Ave, Hyannis, on FOOD EVENTS November 23, 2008.

The Board voted on approval for two temporary food permits per year to be run in a similar fashion to the Taste of Cape Cod Festival 2008. The specific dates are not required in advance of the year.

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. The dumpster will be on a monthly schedule in the off-season. No action was required.

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

The Board listened to owner and stated they do not have jurisdiction to require anyone to do the repair for free. The issue is a civil issue (which has already been set up to be heard in court).

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

The Board decided that given the confusion, the Board must allow the five bedrooms. As a new septic is needed at this time, the Board states that an I/A system will be needed for five bedrooms. 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.

Additional Item: 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.

Page 3 of 3

CONTINUED D. Jaqueline McCarthy / Harry Grong for The British Beer UNTIL Company, 412 Main Street, Hyannis, (continued from Aug. JAN. 13, 2009 2008), with results of grease trap log.

Continued 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.

GRANTED 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.

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.

GRANTED F. Original Gourmet Brunch,Main Street, Hyannis (from May 2008),

results of grease trap log to determine frequency of grease trap pumping, seating.

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.

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.

Page 1 of 3


Tuesday, November 18, 2008 at 3:00 PM Town Hall, Hearing Room


CONTINUED I. Hearing – Proposed Revision to the Saltwater Estuary UNTIL Protection Ordinance, Section 360-45. DEC 9, 2008

Many citizens spoke regarding their view on the subject matter. The Board voted to close the public comment and CONTINUE until December 9, 2008 Board of Health meeting to review the information.

II. Appointment – Board of Health Agent APPOINTED Robert D. Collett and Patricia Lindauer - Agents for the Board of

Health for the purposes of tobacco control and issuance of non-criminal ticket citations.

The Board voted to appoint Robert Collett and Patricia Lindauer agents of the Board of Health with respect to issuing tickets for tobacco violations. (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.)

III. Hearing – Housing: CONTINUED Allen White, President, Health Care Management Associates UNTIL and Merrill Blum, Executive Director, Veteran’s Outreach Center, DEC 9, 2009 requested a hearing regarding a complaint from an occupant at 379 South Street, Hyannis.

Mr. White was not present, nor was occupant.

IV. Food Establishment: DENIED. 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. The Board voted to approve the request to reconsider the grade. (No, Unanimously Denied.) (see Jan 2009 – readdressed)

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)



Page 2 of 3

VI. Septic Variance (New): CONTINUED A. Mike Aucoin, A & M Land Services, representing Roger & UNTIL Richard Bergenheim, owners – 112 Nyes Neck Road East, DEC 9, 2009 Cent., Map/ Parcel 232-011-002, 1 acre lot, one variance requested regarding setback of existing well to proposed septic tank (57 feet).

The Board voted to CONTINUE TO DEC 9, 2008, BOH with the revised plan with the correct distance from SAS to the well.

POSTPONED B. Michael Ford representing Sandra Tubman, Trustee of UNTIL Ruth Rusher Trust, owner - 111 Ocean Street, Hyannis, DEC 9, 2009 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.

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

The Board voted to approve Michael Takach as a Disposal Works Installer.

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.

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.

C. Review Regulation: Touchless faucet regulation with regards to

Residential Kitchens, churches, schools, and municipals.

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.

D. Strategic Planning.

The Board will read for review.

E. Barnstable Agricultural Commission – “Right to Farm” Ordinance.

Page 3 of 3

Word change was recommended to say “Agriculture Commission shall review and expeditiously as possible report its recommendations to the Board.” More review is needed. The Board voted to approve the re-wording (above) AND (view video for any additional item(s) from Dr. Miller.)

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 vote 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 as we require four feet of soil. 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.

Dec 9, 2008 Page 1 of 3


Tuesday, December 9, 2008 at 3:00 PM Town Hall, Hearing Room


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

II. Hearing – Housing: POSTPONED Allen White, President, Health Care Management Associates UNTIL JAN. ’09 and Merrill Blum, Executive Director, Veteran’s Outreach Center, requested a hearing regarding a complaint from an occupant at 379 South Street, Hyannis.

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).

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

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

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



Dec 9, 2008 Page 2 of 3

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. 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.

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.

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.

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.

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.

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.

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.

Dec 9, 2008 Page 3 of 3

V. SIX BEDROOMS: Sullivan Engineering representing Mary Kariotis, owner – 63 Pirates Cove,

Osterville, Map/Parcel 051-007-003, 1.44 acre lot, six bedrooms.

The Board voted to approve six bedrooms at 63 Pirates Cove, Osterville as presented. 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.

The Board voted to approve the toilet facility variance and the grease trap variance with the same conditions as January 2007. 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.

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.

January 13, 2009 Page 1 of 4

BOARD OF HEALTH MEETING MINUTES

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


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)

The Board voted to approve the variances of the two undersize rooms with the condition that it continue to be used for temporary occupancy

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)

The Board voted to approve the regulation.

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.

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.




The Board voted to approve with the condition of a recorded three bedroom deed restriction.

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

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.

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.

No, stay at quarterly. 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.

*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.

*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. 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.

CONTINUED J. Ellen Merritt 27 High Street, West Barnstable, requesting TO A DATE IN reduction in number of testing dates required in one year THE FUTURE for her system.

The Board voted to approve a Continuance until she notifies the Health Division that she has eight good tests on the monitoring.

K. Tom Gere, 88 Hilliards Hayway, West Barnstable, requesting discontinuance of monitoring of FAST system. *Yes, reduce to yearly.

The Board voted to approve the reduction of testing to annual testing on the monitoring plan.

VI. Food Establishments:

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

The Board voted to approve the expanded food menu submitted today, 1/13/09.


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.

The Board voted to extend for a two year period making it a 5 year plan to improve. The expiration will be 2/28/2011.

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

Board voted to approve. B. Joseph M. Martins, Dennis, MA

Board voted to approve. C. Adam Riker, Yarmouth, MA

Board voted to approve.

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. 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.

Vote for Officers: The Board voted Dr. Miller as Chairman again. The Board voted Mr. Sawayanagi as Vice Chairman.

February 10, 2009 Page 1 of 4


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


I. Hearing - Tobacco:

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

A. Mid-Way Garage, 981 Main Street, Osterville – First Offense, tobacco products sold to a minor.

The Board voted to issue a warning.

B. CVS #2322, 176 North Street, Hyannis – Second Offense, tobacco

products sold to a minor.

The Board voted to issue a $100 fine.

C. Additional Tobacco Item: The Board voted to approve the purchase of additional items when doing the tobacco checks.

II. Hearings – Property Owners Ordered to Upgrade Septic Systems: A. Christine A. Jenness, representing Carstensen Realty Trust, owner, 250 Smoke Valley Road, Osterville, Map/Parcel 097-002, requesting extension of time to repair failed septic system.

The Board voted to approve the extension of the deadline for the septic repair for one year or until the water to the property is turned back on, whichever is sooner.

B. John L. Kowalski, representing Linda Peterson, owner of 38 Rosewood Lane, Cotuit, Map/Parcel 025-048 requesting extension of time to eliminate two (2) bedrooms, septic system designed for three (3) bedroom, not five (5).

The Board voted to request two bedrooms be removed within six months and if the owner wants to appeal the Board’s decision, she must notify the Board of her request within 30 Days. As no letter was submitted asking for a




continuance, the meeting continued as scheduled (the Board would like this mentioned in their letter).

C. Roberta E. Mauch, owner – 80 Greenwood Avenue, Hyannis, Map/Parcel

289-139-001, inadequate septic system, requesting two year extension for completion of town sewer project.

The Board voted to approve the continued use of the house with the current septic system until the town sewer arrives there with the following conditions: 1) limited to two residence and any short-term visitors, 2) no washing machine be connected, and 3) the owner will inform Mr. McKean, Director of Public Health, each time the septic system is pumped. The septic is to be pumped as needed.

III. Hearings – Housing (New): John Lasota, representing Valeria Medeiros, owner - 572 Main Street,

Hyannis, one (1) variance from ceiling height (6’9” in lieu of 7‘). The Board voted to approve a variance for ceiling height due to the ceiling being above 6’8” and the high cost to raise the ceiling height.

IV. Septic Variance (Cont.): POSTPONED Michael Ford representing Michael and Gisa Belanger, owner – 100 UNTIL MARCH Cross Street, Cotuit, Map/Parcel 033-032, 0.9 acre lot, four (4) BOH MEETING variances for repair (continued from Oct and Dec 2008). Postponed until March Board of Health Meeting due to illness – M. Ford.

V. IA Monitoring Plan Review (continued): A. Thomas Fehnel, 195-A, Route 149, Marstons Mills, requesting discontinuance of testing of RSF system and he will continue quarterly Operation and Maintenance inspections. The Board agreed the Quarterly monitoring plan must remain in place and may be reviewed at a future time. B. David Walsh, 195-E, Route 149, Marstons Mills, requesting discontinuance of testing of RSF system and he will continue quarterly. The Board agreed the Quarterly monitoring plan must remain in place and may be reviewed at a future time. VI. Septic Variances (New): A. 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.

The Board voted to approve a Continuance until the March 10, 2009 meeting. B. John O’Dea, Sullivan Engineering, representing Oyster Harbors Club,


Inc., owner - 170 Grand Island Drive, Oyster Harbors, M/P 053-012-001, 9.44 acre lot, two (2) variances from (a) coastal bank and (b) tidal waters.

The Board voted to approve the variances including a variance for shifting sand with the following conditions: 1) the tank that services the cabanas and the bathhouses must be pumped when an impending catastrophic storm is expected.

C. Brian Grady, GAF Engineering, representing Joan Remmes-Foy, owner - 536 Shootflying Hill Road, Centerville, Map/Parcel 193-029, 17,420 square

foot lot, two (2) variances requested. The Board voted to approve the submitted plan and also approved an alternative septic system. The alternative system, if desired, would be to install a 3,000 gallon septic tank to be used as a tight tank and pumped regularly for a three year period. After three years, the situation must be reviewed and the original plan may be completed at that time or an extension may be granted for the tight tank.

VII. Six (6) or More Bedrooms

A. Michael Borselli, Falmouth Engineering, Inc., representing Miki and Steven Hirsch, owners - 149 Ocean View Avenue, Cotuit, 1.6± acre lot.

The Board voted to approve the plan for 8 bedrooms in the main dwelling (in addition to the three bedrooms previously permitted for a second dwelling) with the condition that a septic plan is submitted showing the septic will be outside the Estuary Zone.

B. Stephen A. Wilson, Baxter Nye Engineering, representing Vincent A. Wolfington, owner - 586 Scudder Avenue, Hyannis, 49,074 square foot lot.

The Board voted to approve the total of 11 bedrooms on the parcel of land (9 bedrooms in main house and 2 bedrooms in cottage

VIII. License: Disposal Works (Septic Installer): A. Manny Cabral, Mashpee, MA

The Board voted to approve Manny Cabral as a Disposal Works Installer.

B. Jason Edward Rogers, Orleans, MA The Board voted to approve Jason Rogers as a Disposal Works Installer provided all his references are positive.

IX. Old Business/New Business:

A. Brad Pfeifer, Director Hyannis Athletic Association, requesting permission to renovate and increase size of press box, not connected to public water or sewer system, 120 High School Road, Hyannis.

The Public Health Division may sign off on the building permit for the press box and the food permit renewal will be limited to a five-year maximum period until they bring in sewer/septic and water.


B. Mark Corliss, Spilt Milk, presenting information regarding degree requirements for body artists.

Mark Corliss was not present. Continued to the March 2009 meeting. C. Letter in support of Barnstable County Department of Health Innovative/Alternative On-site Treatment System Management Program.

The Board voted to approve the letter in support of the management program for our I/A systems. The fee will be phased in with a $25 fee per system for the initial year, then it will increase to $ 50 per system for each consecutive year.

X. Saltwater Estuary Protection Ordinance, Section 360-45 The Board voted to accept the Saltwater Estuary Protection Ordinance to include both residential and commercial property. XI. New Business/Old Business

A. Pools – Pool Drains.

The Public Health Division has taken excellent steps to see to it that the new federal regulation is met.

B. Prescription Pills in drinking water.

Dr. Miller asked Mr. McKean to contact the VNA and Hospice to obtain what their protocol is for disposing of medicine. This will establish what is happening out in the field. Then, the Board will check with Mark Ells, Water Pollution Control and see whether it is possible to have the medicine put in an incinerator as this is probably the best method for the waste. Desire to eliminate the disposal of medicine into the septic and sewer systems.

C. Touchless Faucets – use of elbow and wrist faucets.

The Board stated the elbow and wrist bars are acceptable as touchless faucets.

March 10, 2009 BOH Page 1 of 3

BOARD OF HEALTH MEETING RESULTS Tuesday, March 10, 2009 at 3:00 PM


I. Hearings – Housing (New):

GRANTED A. Harry Reynolds representing Tim Maloney, owner – 104 Unit A & B High School Road, Hyannis, one (1) variance from ceiling height.

The Board voted to approve the variance of the ceiling height to accept the existing dwelling.

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. GRANTED B. Stephen Haas, Eagle Surveying, representing Joyce Wheeler, WITH Judith Deveney and Jeff Wheeler, owners – 120 Main Street, CONDITIONS Centerville, Map/Parcel 208-058, 29,000 square foot lot - five (5) variances requested (continued from February 2009). 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. A separate approval by the MA DEP is also required.

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.

The Board voted to approve the regulation as proposed by Mr. McKean which included a deadline of 5 years for existing restaurant establishments to install the touchless or




hands-free sinks in their public restrooms as well. The new deadline will, therefore, be before February 1, 2011.

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

of Health Agent or by a Health Inspector 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. 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 The Board voted to approve the proposed revisions, along with eliminating the work “immediately” from the regulation and changing the name of the regulation “Variances for Septic Repairs Which May Be Granted by Board of Health Agent or by a Health Inspector”.

C. Proposed Fee Schedule Revisions

Increase Multiple Units Rental Fee. The standard fee of $90 will continue to be in effect for the initial unit at the property by the owner. Currently, there is a reduced fee of $25 for each multiple rental unit in the same building by the same owner. The Board voted to propose to the Town Council that an increase to $45 for each multiple unit be made. The Board voted to approve and will forward it to the Town Council for their approval. Approved. Disposal Works Construction Permit Plan Review Fee. New fee – an additional $50 will be charged each time a plan requires a revision due to failure t meet 310 CMR 15.220: Preparation of Plans and Specifications (two or more errors or omissions). The Board requested the engineers be notified of our complete checklist for septic plans and state in the correspondence that plans will be rejected and charged an additional fee of $50 for resubmit of review. Approved. Application Fee/Plan Review. New establishments or renovations (motel, food establishment, body art, camp, horse stable) remain at $100 for locations using 8,000 square feet. of floor space. For establishments with floor space larger than 8,000 square feet, the new application fee would be $200. Approved. Fees eliminated. No longer fees/permits for massage licenses, massage establishments, and wholesale food permits. These are handled by the State. Approved. Food Permit: Bed & Breakfast food permit will increase from $45 to $55. Approved.


Tobacco Sales Permit. Increase from $50 to $85. Approved. Variance request. Increase from $85 to $95. Approved. Meeting Adjourned 5:45pm.

BOH April 14, 2009 Page 1 of 4


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

367 Main Street, Hyannis, MA I. Show-Cause Hearing:

CONTINUED Marilyn Higgins and Cindy Gold at 92 County Seat, Hyannis – UNTIL Refuse Violations. MAY 12, 2009

Mrs. Higgins and Ms. Gold were not present (due to illness). Continued to May 12, 2009.

II. Hearing: Septic:

GRANTED A. Ronald Mycock, Mycock Real Estate, representing Diane WITH Roper, owner - 41 Shell Lane, Cotuit, requesting extension of CONDITIONS septic repair deadline.

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.

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

III. Hearing – Housing:

OPTIONS Deborah and Ralph Krau, owners – 312 Compass Circle, Hyannis, -WERE GIVEN - housing violation, bedroom count. AWAITING ANSWER.


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


The Board gave the owners 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 covered in meeting regulations for the future. The owners will respond to the Health Division on their desired choice.

IV. Septic Variance (Cont.):

CONTINUE A. Michael Ford representing Michael and Gisa Belanger, owner – 100 UNTIL Cross Street, Cotuit, Map/Parcel 033-032, 0.9 acre lot, four (4) MAY 12, 2009 variances for repair (continued from Oct and Dec 2008) The Board voted to Continue until the May 12, 2009 Board of Health Meeting. GRANTED B. Brian Grady, GAF Engineering, representing Joan Remmes-Foy, owner WITH - 536 Shootflying Hill Road, Centerville, Map/Parcel 193-029, 17,420 CONDITIONS square foot lot, four (4) variances requested on failed system, revised plan from the approved Feb 2009 plan.

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.

IV. Septic Variance (New):

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

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. The Board voted to approve the revised plan dated 4/14/09 with the following conditions: 1) record a 2-bedroom Deed Restriction, and 2) supply the Health Division with a proper copy of the Deed Restriction.

GRANTED B. Dan Speakman representing Robert Booth and Trina Francesconi, WITH owners – 30 Skating Rink Road, Hyannis, Map/Parcel 291-119, 0.29 CONDITIONS acre parcel, three (3) variances for repair of septic system.

The Board voted to approve the plan dated March 22, 2009 pending clarification from DEP of the need to vent the system, along with the following conditions: 1) a 2-Bedroom Deed Restriction properly recorded, and 2) a copy be furnished to the Public Health Division. (4/15 Dan Speakman stated he will install a vent)


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

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.

VI. Variance – Food (New): GRANTED A. Paulo Brandao Santos for PSPJ Ebenezer, 459 Main Street, WITH CONDITIONS Hyannis, new owner, grease trap variance.

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.

GRANTED B. Peter Scalata and William Achion, The Coffee Table Cafe, WITH 230A Ocean Street, Hyannis, increase in seating CONDITIONS proposed, only three bathrooms provided.

Currently, 100% paper and plastic. They do not use glass dishes. 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.

VII. Discussion: CONTINUED George “Skip” Simpson, Anchor-in, One South Street, Hyannis – UNTIL discussion of qualified swimmers and lifeguard coverage at pools. MAY 12, 2009

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 in its past. 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 continuing 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. The Board desires H20 used 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 which was not granted a variance, it would be a failed system until it applied for a variance and it 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 through a temporary food permit. If it becomes a time-consuming task to check all the proper tags, etc, the Board would consider increasing the fee. Motion to adjourn 5:20pm.

BOH May 12, 2009 Page 1 of 2




I. Show-Cause Hearing: CONTINUED Marilyn Higgins and Cindy Gould at 92 County Seat, Hyannis UNTIL JUN 16, 2009 – Refuse Violations. BOH

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:

GRANTED Michael Picard, owner – 288 South Main St, Centerville, EXTENSION requesting extension of septic repair deadline to March 14, 2010. 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: ISSUE Bill Larmee, owner – 3625 Main Street, Barnstable. RESOLVED Issue was resolved prior to the meeting. The Fire Department submitted the paperwork showing the tank was removed ~1998.

IV. Septic Variance (Cont.): CONTINUED Michael Ford representing Michael and Gisa Belanger, owner – 100 UNTIL JUN 16, 2009 Cross Street, Cotuit, Map/Parcel 033-032, 0.9 acre lot, four (4) BOH variances for repair (continued from Oct and Dec 2008)


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


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.

V. Septic Variance (New):

GRANTED A. Stephen Wilson, Baxter Nye Engineering, representing John Spargo – WITH 178 +188 Merchant Mill Way, repair of failed system, Map/Parcels CONDITIONS 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. 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.

CONTINUED B. Brian Yergatian, BSC Group, representing Timothy and Eila UNTIL Desrocher, owners – 3072 Falmouth Road, Marstons Mills, JUN 16, 2009 Map/Parcel 099-029, 2.2 acre parcel, requesting variance from BOH 310 CMR 15.203 (4) to vary the design flow rate for the daycare facility. The Board voted to continue this to the June 16, 2009 Board of Health meeting. 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. The Board voted to approve the I/A system to an annual monitoring while it is a seasonal rental. VII. Variance – Pool: GRANTED Jill Gulden, Trustee and Manager, Captain Gosnold Village – 230 WITHOUT Gosnold Street, Hyannis, requesting variance to continue operation of CONDITION pool without a main drain, (pool drain/grate covers must conform to the American National Standard ASME A112.19.8).

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. VIII. Variance – Food (New): WITHDRAWN 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.

APPROVED A. Richard Bibeault, Farmers Market, Hyannis, and vendor, Valerie Brown, Women and Infant Care (WIC) –new food items to host food demonstrations. 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. CONTINUED B. Farmers Market, Hyannis, proposed vendors, Jenifer UNTIL JUN 16, 2009 Holloman and Jason Beetz of Ocean Song Farm, BOH interested in selling pork and lamb. They were not present. GRANTED C. David Lawler, representing British Beer Company – 412 WITH Main Street, Hyannis, Map/Parcel 309-221, variance from CONDITIONS the grease trap with additional seating. 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. APPROVED D. Royden Richardson representing one day event, Great Hyannis Road Race / Chips House, requesting a temporary food permit for May 24, 2009. The Board voted to approve the temporary permit for an annual event with the submitted menu. IX. Subdivision(s): APPROVED Dan Ojala, Down Cape Engineering, representing Bush-Brown, WITH Frances W. Estate of and Gimbel, Leslie, Trustee – 138 & -0- CONDITIONS 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).


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.

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.

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 5




I. Show-Cause Hearing: 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.

GRANTED B. Bruce Dion, owner – 692 Wakeby Road, Marstons Mills, EXTENSION septic issue.

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 it is not completed by October 13, 2009 Board of Health meeting, then Mr. Dion must come before the Board.

WITHDRAWN - C. Alan Curtis and Gail Egan, owners – 8 East Avenue, REPAIRING SEPTIC Osterville, septic issue. GRANTED D. Elizabeth Miller, owner – 1610 Main St, West Barnstable, EXTENSION WITH CONDITION septic issue.

No one was present for the owner. 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.


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.


III. Hearing – Housing: DISCUSSION Kimberly Wolfe, owner – 12 Old School House Road, NO ACTION NECESSARY Hyannis, housing/rental issue. Kimberly Wolfe 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.

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.):

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

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 given to the Public Health Division.

CONTINUED B. Brian Yergatian, BSC Group, representing Timothy and Eila TO BOH MEETING Desrocher,owners – 3072 Falmouth Road, Marstons Mills, Map/ JULY 14, 2009 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. The Board voted to Continue to July 14, 2009.

VI. Septic Variance (New):

APPROVED A. George Heufelder, Barnstable County Health Director, regarding 91 Juniper Lane, Centerville, minor septic system modification. George Heufelder presented a remediation plan of aerating the septic to deal with systems in hydraulic failure. The technology is recommended for properties which have sewer coming to their area soon and it has a 30-day time period necessary to


verify whether the aeration worked. Careful monitoring and reporting back to the Board will occur. The Board voted to approve George Heufelder’s remediation program for 91 Juniper Lane, Centerville, with the condition that: 1) George Heufelder and Mr. McKean develop a form letter to use for the remediation program in lieu of a septic permit. 2) the remediation program may be instituted in a similar fashion as emergency repair permits and then brought to the Board after-the-fact to keep them informed.

APPROVED B. Sullivan Engineering representing J. Robert Casey, Trustee – 71 WITHOUT Ocean View Avenue, Cotuit, Map/Parcel 034-045, 4.66 acre CONDITIONS parcel, two setback variances and variance for soil suitability. All buildings on the plan currently exist. There are two of the septic systems which failed and will be replaced. The septic plan dated 5/01/09 was approved without any conditions. GRANTED C. Dan Ojala, Down Cape Engineering representing Patricia Hammel-WITH Murphy, owner – 7 Great Hill Road, Centerville, and -0- Old Stage CONDITIONS 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. 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.

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):

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

Raymond Roy expects the increase in seats will be in place by the end of July. 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.


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.

GRANTED B. Don Cox, Harborside – 159 Ocean Street, Hyannis, Map/ WITH Parcel 326-039, toilet facility variance. CONDITIONS

The property has one unisex, handicap toilet on the porch and, across the street, the Harbor Master has a two toilet facility available. 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 the all seating whenever the toilet facility at the Harbor Master is closed.

GRANTED C. Robert Anderson and Chris Gistis, Comfort Inn – 1470 Iyannough Road, Hyannis, Breakfast menu reheating product only, grease trap variance. The Board voted to approve the variance of a food permit for breakfast menu as listed on the submitted menu dated 6/16/09.

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

The event is scheduled for July 18th for two hours. The Board voted to approve an annual temporary for permit for “A Taste of Cotuit” with the proposed menu.

GRANTED 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.

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).

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. ----- Motion to go into Executive Session and not to reconvene afterwards. Approved. Public Meeting closed – 5:40pm.

Board of Health Minutes – July 14, 2009 Page 1 of 2


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


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. II. Hearing – Housing: CONTINUED UNTIL Jason Ethier, owner – 15 Highland Street, Hyannis, SEP 8, 2009 BOH ceiling height. MEETING The Board voted to Continue to the September 8, 2009 Board of Health meeting and Mr. Etheir will measure the ceiling boards to verify whether they can obtain a height of 6’8”. III. Septic Variance (Cont.): WITHDREW 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.

IV. Septic Variance (New): APPROVED Darren Meyer representing Robert Hallett, owner – 20 Tree Top WITH Circle Marstons Mills, Map/Parcel 150-035, 0.91 acre parcel, CONDITIONS four setback to wetlands variances.

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.)

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.

V. Variance – Food (New):

GRANTED A. Karl Keppler, Keppler Mgt Co d/b/a McDonald’s – (three



Board of Health Minutes – July 14, 2009 Page 2 of 2

WITHOUT locations: Rte 132, 175 North St, Cape Cod Mall), Hyannis, CONDITIONS temperature of foods.

The Board of Health voted to approve a variance from the federal 1999 Food Code 3-501.19 adopted by the State of Massachusetts.

GRANTED A. Kenneth Foster representing Cape Cod Community Education WITH Foundation – temporary food application for July 17 annual MENU event with hamburgers and hot dogs at Cape Cod Community College. The Board of Health voted to approve the annual temporary food permit with the menu of hamburgers and hot dogs.

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. Dr. Miller stated there are issues to be resolved: 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 in 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. The Board stated that Mr. Anderson will have to have his engineer look into the MA DEP’s approvals for the White Knight System. 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 - DISCUSSION:

Pio Lombardo, PE, Lombardo Associates, spoke on the Nitrex System. 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.


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


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.

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 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.

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

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 be pumped at the end of each month.



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.

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.

V. Informal Discussion:

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

The Board voted to approve the use of a self-contained chemical toilet for a 60 Day period between December 2009 and January 2010.

VI. Septic Variance (New):

Glenn Harrington representing Steven and Nancy Costello – 255 Scudder Road, Osterville, Map/Parcel 139-014, 045 acre parcel, two, non-environmental variances.

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.

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

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

Page 1 of 2 BOH Sep 8, 2009


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


I. Hearing – Housing (New): FINE A. John Boyle, Boyle Realty Trust – 8A Seabrook Road, –$100/Day Hyannis violations. The Board voted to levy a $100/day fine until the critical violations are repaired.

UPHELD B. Robert Souza – 63 Chestnut Street, Hyannis – PRIOR FINDING bedrooms egress. The Board voted to uphold the findings in the letter issued by the Public Health Division for violations. GRANTED C. Daniel Levesque – 25A River Road, Marstons Mills – ceiling height.

The Board voted to allow the ceiling height given the age of the house.

GRANTED D. John Kowalkski, Attorney, representing Linda WITH CONDITIONS Peterson, owner – 38 Rosewood Lane, Cotuit – violations and extension. The Board voted to acknowledge the house as a four bedroom, the room over the kitchen will widen the opening to the door to five feet, and the owner will record a four-bedroom deed restriction at the Barnstable County Registry of Deeds and will supply the proper copy to the Public Health Division. II. Hearing – Septic:

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

The Board voted to extend the deadline for an additional 60 Days.

III. Septic Variance (New): GRANTED A. Dan Ojala, Down Cape Engineering, representing Helen WITH Marvill, owner – 1636 Main Street, West Barnstable, Map/ CONDITIONS Parcel 197-025, 0.34 acre parcel, four variances requested.




The Board voted to approve a total of six variances with the following condition: 1) a revised plan will be submitted to show the additional variances to neighboring wells.

GRANTED B. Michael Perrault, P.M.P. Associates, representing Joyce WITH Haseotes, owner - 293 Long Beach Road, Centerville, CONDITIONS proposed addition, approval requested for I/A Fast System monitoring plan. The Board voted to approve the I/A Fast System with the following conditions: 1) redesign based on an elevation of 2.0, 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.

IV. I/A Monitoring Plan Review: DENIED 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. The Board determined the owners must continue with the maintenance program as is at this time. V. Variance – Food (New): GRANTED Mary DeBartolo representing Cape Land and Sea Harvest WITH (Clash) – Temporary Food Permit applications for annual CONDITIONS event “Farm to Table”, on September 27 at Cape Cod Organics Farm, 3675 Main Street, Barnstable.

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 be submitted and approved by Thomas McKean, and 2) the proper signage be used when serving raw shellfish. Additional: The request to serve cheese was denied as there was not enough information supplied.

VI. Hearing – Septic:

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

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.

VII. Hearing – Housing:

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

The Board voted to approve the ceiling height of the house.


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.

Page 1 of 3

BOARD OF HEALTH MEETING RESULTS Tuesday, October 13, 2009 at 4:00 PM

School Administrative Building, Conference Room 230 South Street, Basement Level, Hyannis, MA

I. Hearing – Underground Storage Tanks:

GRANTED Peter Doyle and Dale Saad, Water Pollution Control One Year Ext. 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.

The Board voted to approve a one year extension. The Board considers this an above-ground tank as only six inches of tanks are actually below ground.

II. Septic Variance:

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

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. III. Variance – Food (New):

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

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.



Page 2 of 3

GRANTED B. Sonny Apotheker, Richie’s Italian Ice – Cape Cod Mall, WITH 793 Iyannough Road, Hyannis, three variances. push-cart CONDITIONS style.

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. He will operate with a box of scoops which will contain enough scoops for a full day’s operation (using one per customer).

GRANTED C. Jenifer L. Holloman representing Long Pasture First Annual WITH Farm Fair – Temporary Food Permit applications for CONDITIONS annual event “Long Pasture Farm Fair”, on October 24 at Long Pasture Farm, 345 Bone Hill Road, Barnstable.

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. (For clarification, the vendor with fish pâté is not part of the final list of vendors.) . IV. Old Business/New Business: Septic upgrades within areas where public sewer is proposed. The discussion included the information that a full upgrade may be postponed in cases where sewer will be available within a five year period and the management of such a situation was discussed. With estimates of only 3 to 5 septic systems in failure per year in the proposed sewer areas, the Board will work on clear instructions for engineers when designing a minimal septic system (not fully Title V compliant) to handle the septic until the sewer arrives. A. Septic failure at 33 Stetson Street, Hyannis.

Discussion: 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 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 there.

B. Flu clinics.

Page 3 of 3

Sue Rask said the County may have some MRC nurse volunteers available to us.

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


I. Executive Session II. Monitoring (Cont.):

APPROVED 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.

The Board voted to approve a reduction in monitoring based on the results of aeration.

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. Board voted to approve a two-year extension for the replacement for the Chlorine tank and one year extension for the Fuel Tank.

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.

The Board voted to approve a $100 fine for the first offense.

B. Barnstable Road Getty, 112 Barnstable Road, Hyannis – Observed Violation of Smoke-Free Workplace Law.

The Board voted to issue a warning.



V. Hearing – Septic Failure:

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

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.

CONTINUED B. Michael Santos, owner – 26 Bishops Terrace, Hyannis, UNTIL DEC 8 Map/Parcel 251-215, septic failure. 2010 BOH

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.

CONTINUED C. Rosanie Joseph and Severe Philogene, owners – 33 UNTIL DEC 8 Stetson Street, Hyannis, Map/Parcel 306-055, septic 2010 BOH failure.

The sewer is scheduled to arrive in two years. The Board voted to Continue to the December 8 meeting for final approval.

VI. Septic Variance:

DENIED 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. 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. It is suggested a revision of the Regulation listing Deadlines for Failed Septic Repair is 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) Upcoming flu clinics were announced and requested citizens 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. Motion to Adjourn. 5:40 pm.


Tuesday, December 8, 2009 at 4:00 PM Town Hall, Selectmen’s Conference Room

367 Main Street, Hyannis, MA I. Hearing – Housing:

GRANTED A. Scott Crosby and James Peacock, owners - 257 Pond Street, Unit C, Osterville, Map/Parcel 119/032, variance from ceiling height. The Board voted to approve the ceiling height for the bedroom due to age of building. POSTPONED B. Gary Caruso, owner of 24 Pen Lane, Centerville, UNTIL Map/Parcel 193-205, hearing requested by owner in JANUARY 12, 2010 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 would like to resolve as soon as possible. GRANTED C. John Rodrigues, Trustee, owner - 36 Oak Neck Road, Hyannis, Map/Parcel 308/203, requesting 3 variances from ceiling height. The Board voted to approve three variances for ceiling heights due to age of building. GRANTED D. Dawn M. Burt, owner - 4741 Falmouth Road, Cotuit, Map/Parcel 009/020, requesting variance from ceiling height.

The Board voted to approve the ceiling height variance due to the age of the building.

II. Hearing – Septic Failed (Cont.): CONTINUED Michael Santos, owner – 26 Bishops Terrace, UNTIL Hyannis, Map/Parcel 251-215, septic failure. JANUARY 12, 2009



The Board requested the septic continue to be pumped as needed and would like the following information: 1) what 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. The Board voted to Continue to the January 12, 2010, Board of Health meeting.

III. Variance – Septic (New): GRANTED Dan Ojala, Down Cape Engineering, representing Mark WITH Fazio, owner, 36 Deacon Court, Barnstable, CONDITIONS Map/Parcel 300-054, 1.73 acre lot, (4) variances, reduction in setbacks to wetlands, new construction. 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. IV. Variance – Food (New): DENIED Louis Capolino, Caffe “E” Dolci – 430 Main Street, Hyannis, WITH grease trap variance previously granted, addition to menu.

CONDITIONS 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 consider the increased menu provided an additional GRD is installed. V. License: Disposal Works (Septic Installer): APPROVED Jeffrey K. Morse, Marshfield, MA The Board voted to approve Jeffrey Morse as a septic installer. 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.

The Board 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, and 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.

Page 1 of 5 BOH 5/11/10



367 Main Street, Hyannis, MA 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.

The following ideas were discussed as possibilities of policies if a reduction in personnel required at pools were to be accepted: no swimming alone, key-access to pool when no lifeguard working, none of this was suggested to the following type pools: wave pools, apparatuses in the pool, slides, or when a pool has a scheduled large event, etc. Support was shown if the Health Inspectors would find it valuable to meet State Inspectors to aid them in this discretionary choice of coverage per pool. The Board discussed a possible two-level agreement (Health Inspector, then Board) based on normal activity at each particular pool. Dr. Canniff asked that the Fire Dept. come to the next meeting and give information on the town’s history of drownings at pools, if any. 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 Dr. Miller) and the views of the Health Inspectors on this matter 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.

First Offense and will be issued a Warning Letter.

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


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.

Page 2 of 5 BOH 5/11/10

First Offense and will be issued a Warning Letter. 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.

The Board voted to approve the plan submitted with the following conditions: 1) 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. 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:

WITHDRAWN 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. They will resubmit with a new plan for a 2 bedroom with new variances.


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 The Board voted to approve the variances (same as prior owner-2001).

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

The Board voted to approve the temporary food event with the condition that they meet Thomas McKean’s concerns prior to the event.

Page 3 of 5 BOH 5/11/10

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 a 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. Ideas included: No prerequisites, with the State course issued as a Pass/Fail grade requiring 70 % correct to receive 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 we do it on a case-by-case basis. She offers the course free of charge to the BOH members. If the Board agrees to change the prerequisites to include this course, 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.

The Board voted to approve the plan submitted.

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.

As it has to do with 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 – Dr. Canniff recommends contacting the DEP for the list of all holding tanks in our town as each one must receive a permit from the DEP for them. MOTION TO ADJOURN -0 4:43pm

Page 1 of 4 BOH 5/11/10




I. Hearing (Cont.):

CONTINUED Requested by motel owner, George “Skip” Simpson, Anchor-in, One TO BOH South Street, Hyannis – continued discussion of qualified swimmers JUL 13, 2010 and lifeguard requirements at pools.

Dean Melanson, Deputy Fire Chief – Hyannis Fire Dept., 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. The Board will review more in-depth and will speak to the Legal Department as well (for potentiality of lawsuits). Continued to July 13, 2010 Board meeting.

II. Hearing - Proposed Regulation:

APPROVED Tight Tanks at Beauty Salons and Barber Shops. CONTINUANCE OF CURRENT POLICY 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 faills, 2) if there is a change in ownership, or 3) an increase in flow.

III. Hearing – Septic:

APPROVED Sullivan Engineering representing J. Robert Casey, Trustee, Pickwick WITH Realty Trust, owner – 71 Ocean View Avenue, Cotuit, Map/Parcel 034-CONDITIONS 045, 4.7 acre parcel, Recirculating Sand Filter System.

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.



Page 2 of 4 BOH 5/11/10

Therefore, it is their contention that they do not fall under the Feb 2009 regulation until January 28, 2011. The Board voted to approve the plan dated May 3, 2010, pending agreement with the legal department on extension of deadline, and with the following conditions: (1) Quarterly Monitoring Plan must be submitted and (2) Operating and Maintenance Agreement for the system must be submitted.

IV. Hearing – Septic Failed (Cont.): APPROVED Michael Santos, owner – 26 Bishops Terrace, Hyannis, Map/Parcel WITH 251-215, septic failure. CONDITIONS

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.

V. Variance – Septic (New Item):

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

Approved without any additional conditions to the plan. 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).

CONTINUED B. Peter McEntee, Engineering Works, representing Mary Schoebel, TO BOH owner – 11 Nyes Point Way, Centerville, Map/Parcel 233-069, 0.5 JUL 13, 2010 acre parcel, multiple setback variances.

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. The Board voted to Continue it to the July 13, 2010 Board of Health meeting. ADDITIONAL NOTE ON A SEPARATE TOPIC:

Page 3 of 4 BOH 5/11/10

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.

CONTINUE C. Linda Pinto representing Justin and Martina Larhette, owner – 10 TO BOH Flowing Pond Circle, Osterville, Map/Parcel 146-066, 0.36 acre lot, JUL 13, 2010 septic failure, one-bedroom deed restriction, increase flow to 2

bedroom capacity using I/A system. The Board 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. Dr. Miller also suggested Ms. Pinto contact Brian Dudley at DEP for suggestions, keeping in mind that DEP will have to approve the final plan. The Board voted to Continue to July 13, 2010 Board of Health meeting.

VII. Variance – Pool:

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

Tom Carin, Anchor Pools, spoke of the pool. Tom Carin, 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. 1) 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 railings and whatever else he deems necessary to satisfy the certification he signs.

2) 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.

VIII. Variance – Food (New):

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

Page 4 of 4 BOH 5/11/10

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. 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 Board request this be put in writing. The equipment of handwash station, cooler, electric grill must be brought in the day before (or thereabouts), to the Health Division for inspection. The Board voted to approve with the use of a handwash station and the submission in writing of the specific menu-descriptions of sandwiches (hot and cold).

A. 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.

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.

DENIED (1) C. Arif Yilmaz, Sweets Garden – Kiosk at Cape Cod Mall, 793 AND Iyannough Road, Hyannis, 5 variances. APPROVED (2) IF CONDITIONS ARE MET.

1) The Board voted on the application for variances, as presented, on the food permit. (DENIED) With further discussion, the Board specified two concerns are to protect the public from the air contaminants and from contaminants through touch. 2) The Board also 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.)

Date post:	11-Apr-2015
Category:	Documents
Upload:	barnbeat
View:	143 times
Download:	5 times

Board of Health Results 2008

Documents