51 Ocean Avenue Basement Bathroom Blocked to Halt Potential Bedroom Expansion

Key Points

  • Basement renovation at 51 Ocean Avenue approved without a bathroom to prevent illegal bedroom expansion
  • Board researches mandatory PFAS testing for private wells following county laboratory consultation
  • $50 food service fee waived for the upcoming Roar Ride opioid recovery event
  • Terry Gino hired as new Senior Health Agent after serving as Bourne Health Director
  • Health Department schedules educational sessions for shellfish handling and service dog regulations

The Harwich Board of Health moved to protect the integrity of a constrained septic system this week, denying a homeowner’s request to install a full bathroom in a renovated basement. Annie Douly, the owner of 51 Ocean Avenue in Harwich Port, appeared before the board seeking a reconsideration of variance conditions imposed during a 2015 renovation. Douly proposed finishing a 19-by-10-foot basement area to include a laundry room, an arts and crafts space for her grandchildren, and a full bathroom.

The request hit a wall of resistance from board members concerned that the additions would effectively create a third bedroom on a lot only rated for two. Douly explained her intent, stating, I wanted to add a bathroom down there, a sink for laundry, and an arts and crafts area for my grandchildren. I think I would probably need an egress window if I did that. However, Health Director Katie O'Neill reminded the board that a 2015 condition explicitly required the basement to remain unfinished to prevent it from being used for sleeping. The space definitely meets our definition of a bedroom with the egress window, the full bathroom, and privacy, O'Neill noted.

Chair Sharon expressed deep reservations about the long-term implications for the property’s small septic system. To me, if this is just a family room and crafts, I have concerns that it's going to be made into a bedroom, she said. I wouldn't feel comfortable agreeing to this with a full bathroom. The septic system is really small. Adding another bedroom, even if you aren't calling it that, has great potential for that. While the board was comfortable with the laundry facilities and an egress window for safety, the bathroom remained the sticking point. The Chair emphasized that once it's approved, we can't unapprove it. If the property sells and becomes a rental, the system could be inundated.

Motion Made by U. Board Member to approve the reconsideration of previous variance conditions for 51 Ocean Avenue with the conditions that the dwelling is restricted to two bedrooms, no further increase in habitable space occurs without review, no garbage disposal is allowed, the bathroom is eliminated from the plans while allowing a utility sink, and the decision is recorded at the Registry of Deeds. Motion Passed 3-0

The board also continued its push toward a potential mandate for PFAS (per- and polyfluoroalkyl substances) testing for private wells. This initiative follows a broader town-wide trend of heightened water quality monitoring. O'Neill reported that the department is seeking guidance from the Barnstable County Laboratory regarding the costs and capabilities of such testing. We want to get advice from the lab and experts as to when they would recommend POS testing and reach out to Water/Wastewater to get more insight before you make a motion, O'Neill said. The board aims to determine which specific compounds have been detected in Harwich and what filtration systems are viable for private residents before drafting formal regulations.

Motion Made by S. Chair to continue the discussion on revisions to regulations for private wells until the May 20, 2025, meeting. Motion Passed 3-0

In financial business, the board addressed a request from the Roar Ride, an event supporting opioid addiction recovery scheduled for September 7. The organizers sought a waiver of the standard $50 food event service fee. Board members were supportive of the cause, quickly moving to grant the relief. Motion Made by S. Chair to approve the health permit fee waiver for the Roar Ride for opioid addiction recovery. Motion Passed 3-0

Personnel changes were also a highlight of the session, as O'Neill announced the hiring of Terry Gino as the town's new Senior Health Agent. Gino, who formerly served as the health director in Bourne, will begin her role next week as the assistant health director. Her arrival comes as the department ramps up its inspection schedule, which varies by risk level. O'Neill explained that while home kitchens may see one inspection, high-risk establishments with raw bars are inspected up to four times annually.

Finally, the department is launching two specialized training sessions in May. A shellfish handling session titled seed to plate is scheduled for May 21 for local food establishments. Additionally, the department has partnered with Animal Control to host a service dog training session on May 13 at the Community Center. This session aims to educate business owners on the legal distinctions between pets and service animals. Following these updates, the board moved to wrap up its administrative requirements. Motion Made by U. Board Member to accept all permits listed on the April 15, 2025, agenda, including the fee waiver for Roar Ride. Motion Passed 3-0