Present: Chairman Covell, Member Perrino, Member Bunce and Member Duffy

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1 BOARD OF HEALTH THURSDAY, JULY 14, 2011 DENNIS TOWN OFFICES LARGE HEARING ROOM Present: Chairman Covell, Member Perrino, Member Bunce and Member Duffy Absent: Member Chamberlain Staff: Health Director Terence Hayes, Secretary Jacqueline Hodgdon Mr. Covell called the meeting to order at 7:00 p.m. I. ACTION A. John & Sheilah Boghos Variance Application (New construction Raze & Re-build cont. from 6/9/11) 22 CAPT. KEAVY WAY, WEST DENNIS, M 9-4 Mr. Covell read the legal notice: A continued hearing for John & Sheilah Boghos, who seek variances from the regulations of the Mass. Department of Environmental Protection, Title 5, and the Town of Dennis Regulations for Subsurface Disposal of Sewage, for the property located at 22 Capt. Keavy Way, West Dennis, MA. EXHIBITS/DOCUMENTS: Staff memo dated 7/6/11, letter to John & Sheilah Boghos dated 6/14/11, letter from Mindy Parnes dated 5/12/2011 and completed application for Board of Health variances dated 3/21/2011. Documents are available for review in the Health Department Septic system File M 9-4. Robert Perry, Cape Cod Engineering, was present. Mr. Perry stated that he discussed the abutter s issues with the owner and they came up with a revised plan. The septic system was moved to the south, the retaining wall and leaching field were moved over approximately 2 1/2 and the number of variances requested was reduced. He also discussed vegetation. Mr. Don Monciewicz spoke on behalf of Mindy Parnes, the abutter to the north, saying the fundamental issue is twenty variances. Mr. Monciewicz said he understands that it s not unusual to get variances, but this plan requires a lot of variances. Mr. Monciewicz and Mindy Parnes feel the septic design should be for a three bedroom and that a four bedroom requires a larger tank size and leaching. Mr. Perry said that the lot line variances are non environmental variances and that because the design has I/A technology in it the tank size is not subject to Town of Dennis Regulations. Mr. Bunce moved to approve the variance request for John & Sheilah Boghos, 22 Capt. Keavy Way, West Dennis, MA, with the following conditions: 1. No garbage disposal. 2. Water-saving devices shall be installed and verified by the Dennis Plumbing Inspector.

2 Board of Health Meeting Thursday, July 14, of No alteration of the floor plan to the dwelling without further review by the Board of Health. 4. The exposed retaining wall shall have a soil, vegetative, or textured covering. 5. A signed maintenance agreement for the alternative system shall be submitted to the Health Department, prior to the release of the Disposal System Construction Permit. The O & M agreement for the alternative system shall include a requirement for testing. This testing shall be conducted four (4) times per year for TKN, TSS, BOD5, ph, nitrate, and temperature. After two (2) years of operation, the applicant shall return to the Board of Health for review of the alternative septic system. 6. A signed operation and maintenance agreement for the ultraviolet disinfection unit shall be submitted to the Health Department prior to the release of the Disposal System Construction Permit. The effluent shall be tested for fecal coliform four (4) times per year. B. The Hanlon Family Trust/James & Dian Hanlon, Trustee Variance Application (New Construction Raze & re-build 97 HORSEFOOT PATH, DENNIS, M Mr. Covell read the legal notice: Application by The Hanlon Family Trust/James & Dian Hanlon, Trustee, who seek a variance from The Town of Dennis Regulations for Subsurface Disposal of Sewage, for the property located at 97 Horsefoot Path, Dennis, MA. EXHIBITS/DOCUMENTS: Staff memo dated 7/6/2011 and completed variance application dated 6/24/2011. Documents are available for review in the Health Department Septic System File M Robert Perry, P.E., Cape Cod Engineering, was present and provided green cards. Mr. Perry stated the only variance applied for is a 16B. He also said they have already been before the Zoning Board of Appeals and the Conservation Commission. As per the memo dated July 6, 2011, the applicants propose to demolish the existing six-unit, fourteen-bedroom structure and replace it with a new three-unit, ten-bedroom structure. The property contains 19,805 square feet. The proposed septic system will consist of:a MicroFAST 1.50 FAST unit with a 3,000 gallon septic tank, an ultraviolet disinfection unit, pump chamber and soil absorption system. This property contains a dune deposit from an adjoining dune field, on the west side. The Conservation Commission issued an Order of Conditions for the project on 6/7/11.

3 Board of Health Meeting Thursday, July 14, of 17 Mr. Duffy moved to approve the variance request for The Hanlon Family Trust/James & Diane Hanlon, Trustees, 97 Horsefoot Path, Dennis, MA, with the following conditions: 1. No garbage disposal. 2. Water-saving devices shall be installed and verified by the Dennis Plumbing Inspector. 3. No alteration of the floor plan to the dwelling without further review by the Board of Health. 4. Record variances and conditions at the Registry of Deeds to run with the property with a COPY TO THE HEALTH DEPARTMENT. 5. The design engineer shall submit a certified as-built plan, with elevations, to the Health Department. 6. A signed maintenance agreement for the alternative system shall be submitted to the Health Department, prior to the release of the Disposal System Construction Permit. The O & M agreement for the alternative system shall include a requirement for testing. This testing shall be conducted four (4) times per year for TKN, TSS, BOD5, ph, nitrate, and temperature. After two (2) years of operation, the applicant shall return to the Board of Health for review of the alternative septic system. 7. A signed operation and maintenance agreement for the ultraviolet disinfection unit shall be submitted to the Health Department prior to the release of the Disposal System Construction Permit. The effluent shall be tested for fecal coliform four (4) times per year. Mr. Bunce seconded the motion. C. Town of Dennis Variance Application (New Construction Cont. from 6/9/11) 0 CORPORATION ROAD, CORPORATION BEACH, DENNIS, M Mr. Covell read the legal notice: Continued hearing for the Town of Dennis who seek a variance from the regulations of the Mass. Department of Environmental Protection, Title 5, and the Town of Dennis Regulations for Subsurface Disposal of Sewage, for the property located at 0 Corporation Road, Corporation Beach, Dennis, MA. EXHIBITS/DOCUMENTS: Letter from Down Cape Engineering, Inc. dated 7/13/11 with nitrogen loading form and revised septic plans, staff memo dated 7/8/2011, letter to Richard White dated 6/14/2011, excerpt from the 6/9/2011 Board of Health meeting, and completed variance application dated 5/25/2011. Documents are available for review in the Health Department Septic System File M Dan Ojala, P.E., Down Cape Engineering, Inc., was present. Mr. Ojala explained that conservation approved the project as an RDA with upgrade, there is greater than 20 separation to groundwater,

4 Board of Health Meeting Thursday, July 14, of 17 I/A technology was dropped due to the Board of Health s concerns, pressure dosing was added, bumped up the size of the leaching facility and eliminated all variances except 16B since the last meeting. Mr. Covell stated that Ms. Chamberlain was well satisfied that this is a dramatic improvement from the previous plan. Mr. Perrino asked what happens to the pump chambers in the winter. Mr. Ojala said there is a demand activated switch and it is well below the frost line. As per the memo dated July 8, 2011, the Town proposes to replace the existing snack bar at Corporation Beach within the existing footprint. The new structure will contain a Lifeguard Room, public bathroom facilities, a snack bar, and a basement for storage. The proposed septic system will consist of: a 1,000 gallon grease trap, a 4,000 and a 2,000 gallon septic tank; a 3,000 gallon septic tank with a FAST System, an Ultraviolet Disinfection Unit, and 54 Cultec Chambers, for the soil absorption system. There will be no increase in flow. The site is Environmentally Sensitive due to the proximity of an isolated wetland to the south of the snack bar, and the flood zones and coastal beach on the north side. The Conservation Commission has not met to review the project. At the June 9, 2011 hearing, the Board voted to postpone action for thirty (30) days to give the Board an opportunity to check with alternate sources. The project engineer, Dan Ojala, has reported that the proposed system will be relocated to the back field and; therefore, may only need a variance from Reg. 16.B. Mr. Bunce moved to approve the variance request for Town of Dennis, for the property located at 0 Corporation Road, Corporation Beach, Dennis, MA, with the following conditions: 1. No garbage disposal. 2. Water-saving devices shall be installed and verified by the Dennis Plumbing Inspector. 3. No alteration of the floor plan to the structure without further review by the Board of Health. 4. Record variances and conditions at the Registry of Deeds to run with the property with a COPY TO THE HEALTH DEPARTMENT. 5. The design engineer shall submit a certified as-built plan, with elevations, to the Health Department. D. Mark & Barbara Wetzel Variance Application (Addition/Alteration) 81 JERICHO ROAD, DENNIS, M

5 Board of Health Meeting Thursday, July 14, of 17 Mr. Covell read the legal notice: Application by Mark R & Barbara J Wetzel, who seek a variance from the Town of Dennis Regulations for Subsurface Disposal of sewage, for the property located at 81 Jericho Road, Dennis, MA. EXHIBITS/DOCUMENTS: Staff memo dated 7/7/2011 and completed variance application dated 6/27/2011. Documents are available for review in the Health Department Septic System File M Dan Ojala, Down Cape Engineering, was present. As per the memo dated 7/7/2011, the applicants propose to alter the habitable space of two (2) dwellings on their property. For the main house, the proposed first floor, the existing garage will be replaced with a new master bedroom/bath. The former bedroom will be replaced by a mud room/bathroom. The dining room will replace the laundry/bathroom area and the office will become a multi-purpose room. The proposed second floor will contain two (2) bedrooms, a study/office (low wall) and two (2) living area. There will be a total of three (3) bedrooms in the main house. The floor plan of the guest house will be altered to expand the laundry room in the heated bedroom and the bathroom will be expanded in the unheated bedroom. In addition, a screened porch will be added. The two-car garage will have storage area on the second floor. The number of bedrooms in the guest house will remain at two (2). The septic system will be upgraded to a 2500 gallon dual compartment septic tank and six (6), 500 gallon leaching chambers. The system has been designed for six (6) bedrooms and does not include I/A technology. The property contains 30,000 square feet (6,269 of wetland and 23,731 of upland) and directly abuts Cape Cod Bay to the north. The Conservation Commission approved the project on June 16, Mr. Bunce moved to approve the variance request for Mark & Barbara Wetzel, for the property located at 81 Jericho Road, Dennis, MA, with the following conditions: 1. No garbage disposal. 2. Water-saving devices shall be installed and verified by the Dennis Plumbing Inspector. 3. No alteration of the floor plan to the dwelling without further review by the Board of Health. 4. Record variances and conditions at the Registry of Deeds to run with the property with a COPY TO THE HEALTH DEPARTMENT. 5. The design engineer shall submit a certified as-built plan, with elevations, to the Health Department. IN FAVOR 3 OPPOSED 1 Mr. Duffy

6 Board of Health Meeting Thursday, July 14, of 17 E. New Welch Realty Trust/Richard Welch, Trustee Variance application (New construction) 9 MARK WAY, DENNIS, M Mr. Covell read the legal notice: Application by The New Welch Realty Trust, Richard Welch, Trustee, who seeks a variance from the Town of Dennis Regulations for Subsurface Disposal of Sewage, for the property located at 9 Mark Way, Dennis, MA EXHIBITS/DOCUMENTS: Staff memo dated 7/7/2011 and completed variance application dated 5/23/2011. Documents are available for review in the Health Department Septic File M Robin Wilcox, Sweetser Engineering, was present and provided green cards. As per the staff memo dated 7/7/2011, the applicants propose to construct a new, four-bedroom (4) dwelling on a 28,827 square foot lot. The first floor will contain a master bedroom, kitchen, solarium, mud room/laundry and a great room. The second floor will contain three (3) bedrooms, a loft and a storage room. The proposed septic system will include a 1500 gallon septic tank with a Singulair Treatment Plant, a catch and recirculating pump, an ultraviolet disinfection unit and six high capacity infiltrators, in a trench formation, for the soil absorption system. The property directly abuts Cape Cod Bay to the north. The conservation Commission issued an order of Conditions for the project on June 17, Abutter, Christine Bartley, 38 Hiram Pond, stated she would like the owner to consider how water will run into the street and prevent it. She and other neighbors had to pay to have drains put in and she is concerned about the size of the new house and the huge driveway. Mr. Wilcox said that Mr. Welch also contributed to the cost of drainage on this road and that he intends to put in a gravel/stone driveway. Mrs. Bartley said she had viewed the building permit application and it stated there will be an asphalt driveway. Mr. Wilcox responded saying that the building permit Mrs. Bartley referred to is under appeal and there will be a new building permit application with a gravel driveway. Mrs. Bartley said she will wait to see the new building permit application. Abutter, Mr. Gordon McGinnes (sp), said he believes the Board of Health is hearing this application prematurely. He also believes the house is overwhelming on this relatively small environmentally sensitive lot. Mr. Mcginnes also mentioned the litigation between the Town of Dennis and Mr. Ewing, another abutter, that has been going on for four years, and emphasized again, that he feels the Board should wait until the lawsuit is settled. Mr. Perrino said the Board understands Mr. McGinnes concerns, but that the septic sytem is a four bedroom design, if that changes as a result of a settlement or another board s decision then the applicant has to re-apply to the Board of Health with revised plans. That is the owner s responsibility. Mr. Duffy moved to approve the variance request for The New Welch Realty Trust, Richard Welch, Trustee, for the property located at 9 Mark Way, Dennis, MA, with the following conditions: 1. No garbage disposal. 2. Water-saving devices shall be installed and verified by the Dennis Plumbing Inspector.

7 Board of Health Meeting Thursday, July 14, of No alteration of the floor plan to the dwelling without further review by the Board of Health. 4. Record variances and conditions at the Registry of Deeds to run with the property with a COPY TO THE HEALTH DEPARTMENT. 5. The design engineer shall submit a certified as-built plan, with elevations, to the Health Department. 6. A signed maintenance agreement for the alternative system shall be submitted to the Health Department, prior to the release of the Disposal System Construction Permit. The O & M agreement for the alternative system shall include a requirement for testing. This testing shall be conducted four (4) times per year for TKN, TSS, BOD5, ph, nitrate, and temperature. After two (2) years of operation, the applicant shall return to the Board of Health for review of the alternative septic system. 7. A signed operation and maintenance agreement for the ultraviolet disinfection unit shall be submitted to the Health Department prior to the release of the Disposal System Construction Permit. The effluent shall be tested for fecal coliform four (4) times per year. Mr. Bunce seconded the motion. F. William & Donna Gottwald Variance application (New construction Raze & re-build) 28 MYRTLE ROAD, DENNISPORT, M Mr. Covell read the legal notice: Application by William E. & Donna M. Gottwald, who seek variances from the regulations of the Mass. Department of Environmental Protection, Title 5, and the Town of Dennis Regulations for Subsurface Disposal of Sewage for the property located at 28 Myrtle Road, Dennisport, MA. EXHIBITS/DOCUMENTS: Staff memo dated 7/7/2011 and completed variance application dated 6/16/2011. Documents are available for review in the Health Department Septic File M Mr. William Gottwald was present and provided green cards. Mr. Gottwald stated that he is the owner and engineer and his goal is to get approval of variances that were approved previously. As per the memo dated 7/7/2011, the applicants propose to raze the existing three-bedroom dwelling on their 5,042 square foot lot and replace it with a new three-bedroom dwelling. The first floor will contain one bedroom, and a combined living room, kitchen/dining room. The second floor will contain a bedroom and a family room/bedroom. The proposed septic system will consist of a 1500 gallon septic tank with a MicroFAST treatment unit and an infiltrator quick 4 standard chamber bed, for the soil absorption system. There are no abutting wetlands to the property; therefore, approval by the Conservation Commission is not required.

8 Board of Health Meeting Thursday, July 14, of 17 The Board granted variances for this property on December 27, 2007, subject to conditions (see staff memo of 7/711 for list of conditions). Mr. Bunce moved to approve the variance application for William & Donna Gottwald, for the property located at 28 Myrtle Road, Dennisport, MA, with the following conditions (1-6 were previous conditions): 1. No garbage disposal. 2. Water-saving devices shall be installed and verified by the Dennis Plumbing Inspector. 3. No alteration of the floor plan to the dwelling without further review by the Board of Health. 4. Record variances and conditions at the Registry of Deeds to run with the property with a COPY TO TE HEALTH DEPARTMENT. 5. The design engineer shall submit a certified as-built plan, with elevations to the Health Department. 6. A time-run meter shall be installed and hard-wired into the main electrical panel. 7. A signed maintenance agreement for the alternative system shall be submitted to the Health Department, prior to the release of the Disposal System Construction Permit. The O & M agreement for the alternative system shall include a requirement for testing. This testing shall be conducted four (4) times per year for TKN, TSS, BOD5, ph, nitrate, and temperature. After two (2) years of operation, the applicant shall return to the Board of Health for review of the alternative septic system. G. Jorge & Susan Fernandez Variance application (Addition/Alteration) 779 OLD BASS RIVER ROAD, DENNIS, M Mr. Covell read the legal notice: Application by Jorge I. & Susan Fernandez, who seek a variance from the Town of Dennis Regulations for Subsurface Disposal of Sewage, for the property located at 779 Old Bass River Road, Dennis, MA. EXHIBITS/DOCUMENTS: Staff memo dated 7/8/2011 and completed variance application dated 6/23/2011. Documents are available for review in the Health Department Septic File M George Davis, Builder, was present. As per the memo dated 7/8/11, the applicants propose to add a third bedroom to their dwelling and convert the garage into a new living room. The existing septic system that was installed in 1999 will be utilized. The system has two 1000 gallon septic tanks and a leaching gallery with a design flow

9 Board of Health Meeting Thursday, July 14, of 17 for three (3) bedrooms. The lot contains 20,000 square feet and is located in a Zone II. The contractor has met with Meggan Tierney, who informed him that I/A technology would have to be incorporated into the system design in order to have the third bedroom. Approval is not required by the Conservation Commission as there are no abutting wetlands to the property. The paperwork was incomplete which caused some confusion about whether or not the dwelling would remain a two bedroom or if a third bedroom was included in the design. Mr. Hayes urged Mr. Davis to request a continuance. Mr. Davis apologized saying the intent is to keep it a two bedroom dwelling. Mr. Covell suggested he withdraw without prejudice and re-submit the application so that it can be properly advertised. Mr. Bunce moved to withdraw the variance application without prejudice for Jorge & Susan Fernandez, for the property located at 779 Old Bass River Road, Dennis, MA, and to resubmit the variance application for the August 2011 Board of Health Meeting. H. Everett & Mary Beth Lowney-Boy. Variance application (New construction) 53/55 COVE ROAD, WEST DENNIS, M Mr. Covell read the legal notice: Application by Everett W. & Mary Beth Lowney-Boy, who seek variances from the Town of Dennis Regulations for Subsurface Disposal of Sewage, for the property located at 53/55 Cove Road, West Dennis, MA. EXHIBITS/DOCUMENTS: Staff memo dated 7/8/2011, letter to Dennis Board of Health dated 6/29/2011 and a completed variance application dated 5/24/2011. Documents are available for review in the Health Department Septic File M Matt Farrell, J.M. O Reilly & Assoc., and Mr. Everett Boy were present. Matt Farrell provided green cards. As per the memo dated July 8, 2011, the applicants propose to combine two parcels and replace the existing dwelling with a new six-bedroom dwelling. The first floor will contain a master suite, office, family room/kitchen, dining room, pantry, mud room and laundry. The second floor will contain five (5) bedrooms. A recreation room/bathroom is proposed for the second floor of the detached garage/poolhouse. The proposed septic system will consist of a 3000 gallon septic tank, a 1000 gallon pump chamber and a leaching chamber. The system has been designed for six (6) bedrooms and does not include I/A technology. Parcel 9 contains 43,560 square feet and parcel 10 contains 57, 499 square feet. The property directly abuts Horsefoot Cove. The Conservation Commission conducted an administrative review of the project on June 2, 2011 and the changes were approved administratively; therefore, an amended Order of Conditions is not required and the

10 Board of Health Meeting Thursday, July 14, of 17 original Order remains valid until June 7, The Board of Health approved variances for this property in 2006; however, the approval expired in Mr. Bunce moved to approve the variance request for Everett W. & Mary Beth Lowney-Boy, for the property located at 53/55 Cove Road, West Dennis, MA, with the following conditions: 1. No garbage disposal. 2. Water-saving devices shall be installed and verified by the Dennis Plumbing Inspector. 3. No alteration of the floor plan to the dwelling without further review by the Board of Health. 4. Record variances and conditions at the Registry of Deeds to run with the property with a COPY TO THE HEALTH DEPARTMENT. 5. The design engineer shall submit a certified as-built plan, with elevations, to the Health Department. I. Town of Dennis/Housing Assistance Corporation Variance application (New construction) 812 ROUTE 134, SOUTH DENNIS, M Mr. Covell read the legal notice: Application by the Town of Dennis/Housing Assistance Corporation, who seek variances from the regulations of the Mass. Department of Environmental Protection, Title 5, for the property located at 812 Route 134, South Dennis, MA. EXHIBITS/DOCUMENTS: Staff memo dated 7/8/11, letter to Dennis Board of Health dated 6/29/2011 and completed variance application dated 6/29/2011. Documents are available for review in the Health Department Septic File M Mr. Joe Henderson, Horsley Witten Group, was present and provided green cards. As per the memo dated 7/8/2011, the applicants propose to construct eight (8) buildings with 27 units (3 and 4 units per building) with a total of 52 bedrooms (6 one-bedroom units, 17 two-bedroom units, and 4 three-bedroom units), along with a community building (houses property management office), shared laundry facility and a common room. The proposed wastewater treatment system will consist of a 24,000 gallon two-compartment septic tank, a 2,500 gallon flow equalization tank, two Bioclere model 24/30 units with 1,600 gallon clarifiers and an 11,000 gallon effluent dosing chamber. Treated effluent will be pumped through a force main to the leaching field, which will consist of 24 trenches, 71 in length and 2 wide. The wastewater design flow is 7,698 gallons per day. The design flow includes an allotment of 225 gpd for the existing barn for future use. The property lies within an Interim Wellhead Protection Area.

11 Board of Health Meeting Thursday, July 14, of 17 Mr. Bunce moved to approve the variance application for the Town of Dennis/Housing Assistance Corporation, for the proposed property 812 Route 134, South Dennis, MA, with the following conditions: 1. No garbage disposal. 2. Water-saving devices shall be installed and verified by the Dennis Plumbing Inspector. 3. No alteration of the floor plan to the dwelling without further review by the Board of Health. 4. Record variances and conditions at the Registry of Deeds to run with the property with a COPY TO THE HEALTH DEPARTMENT. 5. The deign engineer shall submit a certified as-built plan, with elevations, to the Health Department. 6. A signed maintenance agreement for the alternative system shall be submitted to the Health Department, prior to the release of the Disposal System Construction Permit. The O & M agreement for the alternative system shall include a requirement for testing. This testing shall be conducted four (4) times per year for TKN, TSS, BOD5, ph, nitrate, and temperature. After two (2) years of operation, the applicant shall return to the Board of Health for review of the alternative septic system. J. Valerie J. Gould Progress Report for Correction of a Violation of 310 CMR , The State Environmental Code, Title 5 171A SEA STREET, DENNISPORT, M Mr. Covell read the legal notice: Continued hearing for Valerie J. Gould, for a progress report regarding the correction of a violation of 310 CMR , The State Environmental Code, Title 5, at 171A Sea Street, Dennisport, MA. EXHIBITS/DOCUMENTS: Staff memo dated 7/8/2011, letter to Noreen Dutson, Board of Health dated 7/7/2011, letter to Ms. Valerie J. Gould dated 6/29/2011, pumping record dated 3/15/2011, complaint dated 3/8/2011, copy of Disposal System Construction Permit BHP dated 6/9/2011 and a letter to Valerie J. Gould dated 4/3/2009. Documents are available for review in the Health Department Septic File M No one was present. Mr. Hayes recommended a continuance. Mr. Bunce moved to continue the hearing for Valerie J. Gould for the property located at 171A Sea Street, Dennisport, MA, until the August 11, 2011 Board of Health meeting.

12 Board of Health Meeting Thursday, July 14, of 17 K. Donald J. Haggerty Revocable Real Estate Trust Show Cause Hearing for Noncompliance with an Order to Correct a Violation of 310 CMR , The State Environmental Code, Title CARR ROAD, DENNISPORT, M Mr. Covell read the legal notice: Show cause hearing for the Donald J. Haggerty Revocable Real Estate Trust, for noncompliance with an order issued by the Health Department to correct a violation of 310 CMR , The State Environmental Code, Title 5, at 34 Carr Road, Dennisport, MA. EXHIBITS/DOCUMENTS: Letter to Donald J. Haggerty Revocable Real Estate Trust dated 6/20/2011, copy of Disposal Works Construction Permit dated 10/19/2010, letter to Donald J. Haggerty Revocable Real Estate Trust dated 4/4/2011 and Title 5 report dated 10/9/2010. Documents are available in the Health Department Septic File M No one was present. Mr. Hayes recommended the Board continue the hearing since the Health Deparment has received a septic application and has issued a permit to repair the tank. Mr. Bunce moved to continue the show cause hearing for Donald J. Haggerty Revocable Real Estate Trust, for the property located at 34 Carr Road, Dennisport, MA, until the August 11, 2011 Board of Health meeting. L. Ann Marie Lewis Request for a One-Year Extension to the Order Issued by the Health Department to Correct a Violation of 310 CMR , The State Environmental Code, Title 5 40 MOORING LANE, DENNIS, M Mr. Covell read the legal notice: Request by Anne Marie Lewis for an extension to the order issued by the health Department to correct a violation of 310 CMR , The State Environmental Code, Tile 5, at 40 Mooring Lane, Dennis, MA. EXHIBITS/DOCUMENTS: Letter to Ann Marie Lewis dated 7/1/2011, letter to Dennis Health Department dated 6/29/2011, letter to Ann Marie Lewis dated 6/10/2009 and a copy of a Disposal

13 Board of Health Meeting Thursday, July 14, of 17 System Construction Permit BHP dated 6/9/2009. Documents are available in the Health Department Septic File M Ann Marie Lewis was present and stated the house is only occupied for four months a year. She said she really needs an extension due to the fact there are family members who are very ill. No one is in the house now. Mr. Hayes said he has no issued with the progress. Mr. Duffy moved to grant the request for a one year extension for Ann Marie Lewis, for the property located at 40 Mooring Lane, Dennis, MA. Mr. Bunce seconded the motion. M. Pauline A. Gasek Variance Application from Habitable Space Requirements of The State Sanitary Code, 105 CMR , Chapter II: Minimum Standards of Fitness for Human Habitation 101 LOWER COUNTY ROAD, UNIT 2B, DENNISPORT, M Mr. Covell read the legal notice: Application by Pauline A. Gasek, who seeks a variance from the habitable space requirements of the State Sanitary Code, 105 CMR , Chapter II: Minimum Standards of Fitness for Human Habitation, for the property located at 101 Lower County Road, Unit 2B, Dennisport, MA. EXHIBITS/DOCUMENTS: Staff memo dated and 7/8/11 and from Pauline Gasek dated 6/30/2011. Documents are available for review in the Health Department Housing File M See request from owner to remove the item from the agenda. Mr. Perrino moved to take no action and to remove the variance request for Pauline A. Gasek for the property located at 101 Lower County Road, Dennisport, MA, from the agenda as per Pauline A. Gasek s request. N. Frank Signoniello Show Cause Hearing for Noncompliance with an Order to Correct Violations of The State Sanitary Code, 105 CMR : Minimum Standards of Fitness for Human Habitation

14 Board of Health Meeting Thursday, July 14, of ROBERT ARTHUR WAY, SOUTH DENNIS, M Mr. Covell read the legal notice: Show cause hearing for Frank Signoniello, for noncompliance with an order issued by the Health Department to correct violations of the State Sanitary Code, 105 CMR : Minimum Standards of Fitness for Human Habitation, for the property located at 27 Robert Arthur Way, South Dennis, MA. EXHIBITS/DOCUMENTS: Letter to Frank Signoniello dated 6/8/2011, letter to Frank Signoniello dated 5/24/2011, copy of Town of Dennis Rental Occupancy Permit Affidavit of Compliance dated 4/20/2011, letter to Frank Signoniello dated 4/20/2011 and copy of inspection report dated 4/19/2011. Documents are available for review in the Health Department Housing File M No one was present. Mr. Perrino moved to issue non criminal citations for Frank Signoniello, for the property located at 27 Robert Arthur Way, South Dennis, MA. O. Virginia A. Callahan Show Cause Hearing for Noncompliance with an Order to Correct a Violation of the Town of Dennis Housing Space & Use By-Law 42 CHRISTOPHER HALL DRIVE, DENNIS, M Mr. Covell read the legal notice: Show cause hearing for Virginia A. Callahan, for noncompliance with an order issued by the Health Department to correct a violation of the Town of Dennis Housing Space & Use By-Law, at the property located at 42 Christopher Hall Drive, Dennis, MA. EXHIBITS/DOCUMENTS: Letter to Jennifer Flood dated 7/7/2011, staff memo dated 7/8/2011, letter to Virginia A. Callahan dated 6/24/2011, application for rental occupancy permit dated 5/24/2011, letter to Virginia Callahan dated 4/17/2011and a copy of Cape Cod Rentals.com listing. Documents are available for review in the Health Department Housing File M See letter from Ms. Virginia A. Callahan stating she is unable to attend the July 14, 2011 Board of Health meeting. The letter states she has submitted an application for a rental permit and has scheduled an inspection for July 25, Mr. Perrino moved to continue the show cause hearing for Virginia A. Callahan, for the property located at 42 Christopher Hall Drive, Dennis, MA, until the August 11, 2011, Board of Health meeting. Mr. Bunce seconded the motion.

15 Board of Health Meeting Thursday, July 14, of 17 P. John F. Schoenfelder, Trustee/Timberlain Realty Trust appeal of Order to Correct a Violation of The State Sanitary Code, 105 CMR : Minimum Standards of Fitness for Human Habitation 25 TIMBER LANE, EAST DENNIS, M Mr. Covell read the legal notice: Appeal by John F. Schoenfelder, Trustee of Timberlain Realty Trust, of an order issued by the Health Department to correct a violation of The State Sanitary Code, 105 CMR : Minimum Standards of Fitness for Human Habitation, for the property located at 25 Timber Lane, East Dennis, MA. EXHIBITS/DOCUMENTS: Letter to Mr. John F. Schoenfelder, Trustee dated 6/21/2011, letter to Dennis Health Department dated 6/14/2011, letter to John F. Schoenfelder dated 6/8/2011, Town of Dennis Rental Occupancy Permit Affidavit of Compliance dated 6/8/2011 and a copy of housing inspection form dated 6/7/2011. Documents are available for review in the Health Department Housing File M Mr. John F. Schoenfelder was present and read the code referred to in the letter he received which cited violations for his rental property. Mr. Schoenfelder said he respectfully disagrees with the inspection finding and requested it be withdrawn. He went on to say peeling paint is not in the code he just read and he submitted photos for the board to review. Mr. Schoenfelder said any flaking or peeling paint is minor and can t be considered below minimum standards. The property is in good repair in every way for its intended use. He said the door has been installed and requested the order be withdrawn and a rental permit issued as soon as possible. Mr. Perrino moved to grant the appeal and issue the rental occupancy permit as soon as possible for John F. Schoenfelder, Trustee/Timberlain Realty Trust, for the property located at 25 Timber Lane, East Dennis, MA. Mr. Bunce seconded the motion. Q. Thomas Moss, Property Manager/Campers Haven RV Resort Variance Application from Requirements of The State Environmental Code, Title 5, to submit Sewage Pumping Records to the Local Authority on a Quarterly Basis 184 OLD WHARF ROAD, DENNISPORT, M 19-84

16 Board of Health Meeting Thursday, July 14, of 17 Mr. Covell read the legal notice: Application by Campers Haven, Ltd., 184 Old Wharf Road, Dennisport, who seeks a variance from the regulations of the Mass. Department of Environmental Protection, Title 5: Standard Requirements for the Siting, Construction, Inspection, Upgrade and Expansion of On-Site Sewage Treatment and Disposal Systems and for the Transport and Disposal of Septage, which requires sewage pumping records to be submitted to the local Approving Authority on a quarterly basis. EXHIBITS/DOCUMENTS: Letter to Mr. Thomas Moss, Property Manager dated 6/29/2011 and letter to Dennis Health Department dated 6/22/2011. Documents are available for review in the Health Department License File M Thomas Moss, Property Manager was present and explained that Camper s Haven is closed January through March, therefore they are not pumping during those months. Mr. Bunce moved to approve the variance request to submit pumping records only for the months Campers Haven is open, for Thomas Moss, Property Manager/Campers Haven RV Resort located at 184 Old Wharf Road, Dennisport, MA. II. AGENDA ITEMS William & Jayne Condon Request to Reduce Testing & Service Requirements for FAST Treatment System 101 COVE ROAD, SOUTH DENNIS, M Mr. Condon was present. Upon review of test results Agent Tierney recommended a reduction of testing to two times per year to be done in June and October. Mr. Hayes recommended reducing testing requirements to once per year to be done in October. Mr. Perrino moved to reduce the testing & service requirements for the FAST Treatment System for William & Jayne Condon for the property located at 101 Cove Road, South Dennis, MA, to once per year to be done in October.

17 Board of Health Meeting Thursday, July 14, of 17 Joseph & Janet Barako Request to Reduce Testing & Service Requirements for FAST Treatment System for Seasonal Use 69 CLIPPER LANE, DENNISPORT, M Janet Barako was present. Mr. Hayes recommended testing be done three times per year and when samples are consistently < 19 ppm for nitrogen, after two years testing can be reduced to once per year in October. Mr. Perrino moved to reduce the testing & service requirements for the FAST Treatment System for Joseph & Janet Barako for the property located at 69 Clipper Lane, Dennisport, MA, to once per year to be done in October. Mr. Bunce seconded the motion. OPOSED 0 DISCUSS TOBACCO CONTROL REGULATIONS The Board agreed they cannot support the Tobacco Control Regulations. III. MINUTES 1. Regular Meeting of June 9,2011 Mr. Bunce moved to approve the minutes of June 9, 2011 regular Board of Health meeting as printed. Mr. Bunce moved to adjourn the p.m. Motion carried 4-0. Meeting Adjourned at 8:56 p.m.