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Wellfleet Board of Health
Minutes of Meeting of March 13, 2002
Senior Center, Long Pond Room
Present: David Breen, Chair; Lezli Rowell, Betty Kimball, Geoffrey Karlson,
Zel Levin
Chair Breen convened the meeting at 7:00 p.m. and introduced and welcomed new member Zel Levin to the Board of Health.
William P. Nicholson, 105 Old Pier Road, Map #22, Parcel #30, appeal of Health Agenton 11/5/96, a Certificate of Compliance for Title 5 septic system with 672 gallon design flow on 11/8/96. He further explained that the property contiguous to the subject property was donated by his family to be undeveloped in perpetuity (the subject property retains the right to take water from this contiguous lot if ever necessary). Nicholson offered a letter of legal opinion from Attorney Duane Landreth in support of his request, as well as letters concerning similar cases from Brian Dudley of the DEP and Ms. Susan Rask, Health Agent for Truro.
Chair Breen requested analysis of the problem from Ms. Beebe; she stated that when Nicholson requested her determiniation, she was given no documentation from the Land Court of the contiguous lot placed in a perpetual conservation restriction and that Brian Dudley of the DEP had told her that the permit application for 3 bedrooms was the grandfathering piece. She added that if she had been aware of the information presented tonight, she would not have made the same decision and that it was clear that the Board could permit the 6 bedrooms based on this recent information.
Lezlie Rowell asked whether the system was leach pit or leachfield (ans. leachfield) and why, if the design flow were for 6 bedrooms, the permit was issued for 3. Discussion followed concerning the difference between the leach areas under the old and new codes.
Betty Kimball commented that the transition period between old and new Title 5 was confusing and had resulted in a number of hearings during that time with attorneys present before the BOH.
David Breen confirmed that the additional area of conservation restriction could allow the 6 bedrooms.
Lezli Rowell moved approval for Mr. NicholsonDavid & Paula Schnare, 11 Railroad Avenue, Wellfleet, Map # 21, Parcels #79 & 80, continuance of variance request for septic. David LaJoie of Felco Engineering presented this request for 5 variances to install a new subsurface septic system. (Lezli Rowell recused herself from this and from the next hearing to avoid appearance of conflict of interest because of her husband David Rowellbecause of the variances to public water supply. He further stated that the proposal for the building addition contains no increase in the design flow based on bedrooms. Geoffrey Karlson commented that this building plan was an improvement over the earlier plan. Health Agent Beebe, noting that the Schnares plan to reside full-time, not just seasonally, recommended approval subject to that of the DEP. Karlson inquired about movement of the system to adjust the impact on the down-gradient well at Just Desserts; however, after discussion of the implications of such a move, decided to request no change in placement. Zel Levin posed a question about justifying the variance requests; Ms. Beebe replied that it was a question of balance; Karlson stated that for an existing situation, better scenario. Karlson moved and Levin seconded to approve Felco Engineering Plan #01203, as revised 2/22/02, and to grant five variances requested in the letter from Felco Engineering, as revised 1/25/02, for the upgrade of the septic system on the property cited above, subject to Department of Environmental Protection approval and to the following conditions:
no additional design flow
any material revisions in the building plan will return it to the Board of Health.
The motion passed, 4-0.
Laurence R. Berk, 180 Long Avenue, Wellfleet, Map #30, Parcel #127, continuation of request for septic variance. David LaJoie presented this proposal, which relocates the well to the NW corner of the lot, 100error. Ms. Beebe will check on whether this is on town records as a 3-bedroom dwelling. David Breen moved and Karlson seconded that the Board of Health approve Felco Engineering Plan #01776, as revised 2-20-02, and to grant two variances requested in the letter from Felco Engineering, as revised 2-27-02, for the upgrade of the septic system on the property cited above subject to confirmation that the property is listed on town records as a three-bedroom house and to the following conditions:
no increase in design flow
water quality test to be presented to Health Agent.
The motion passed, 4-0.
Wallace A. Pattyson, 21 Samoset Avenue, Map #28, Parcel #184, request for septic variance. David Lajoie presented this proposal for septic upgrade to an existing house with cesspools on a coastal bank. David Breen read the variance request letter of 2/5/02 into the record. Lajoie explained that the owners plan to upgrade from the existing cesspool located under the stairs to the water, that there is no proposed change to the building, that the present well will be relocated to the westerly side of the house to maintain a minimum of 75stated that she would be comfortable with the design as long as it was deed restricted. Geoffrey Karlson commented that if the water quality of the new well tested unacceptable and the project had to return to the existing well, it would be back in front of the BOH for variance. David Breen requested a revision in the wording of future variance requests from Felco of Mr. LaJoie. Lezli Rowell moved and Geoffrey Karlson seconded to approve Felco Engineering Plan #01173, as revised 2-18-02, and to grant seven variances requested in the letter from Felco Engineering, 2-5-02, for the upgrade of the septic system on the property cited above, subject to deed restriction holding the property to two bedrooms. The motion passed unanimously, 5-0.
Carolyn Nicholas, 246 Baker Avenue, Map #15, Parcel #86, Request for septic variance. John O100Karlson moved and Lezli Rowell seconded that the Board approve Bennett & Odeed restriction to two bedrooms
quarterly testing of septic system
periodic water quality testing
letter to Mr. Henry addressing his concerns.
The motion passed unanimously, 5-0.
Gift Property, 180 Commercial Street, Map #21, Parcel #86, continuation of July hearing, review of progress report on upgrade required for transfer of deed. John Oupon the high nitrate readings (12), the times when the readings were taken (September readings higher than May?), localized results for trends of rebound of good water, and moderation of results caused by clay soils. Betty Kimball asked if the abutters would be informed that the well was being drilled, and Mr. OProposed Subdivision #02-02, Nils W. Miner & Harriet Miller, 115 Aaron Rich Road & 105 Moses Hinckley Road, Map #29, Parcel #s 288.1 & 288, no new lots. Health Agent Beebe explained a request from the Planning Board that the BOH make a recommendation on the above named subdivision, which proposes to give frontage to Lot #288 by constructing a driveway and cul-de-sac to Aaron Rich Road through Lot 288.1. No new lots would be created. Geoffrey Karlson moved and Betty Kimball seconded approval of this plan; the motion passed unanimously, 5-0.
New Senior Center Well and Building Project. Richard Asmann, Inspector of Buildings, appeared before the BOH to discuss a current problem; he cannot issue a building permit to the new senior center project until assured of a potable water supply, and the water source will not be certified as a public water supply by the state until the fall. He suggested that the Wellfleet Board of Health give interim approval of the well as a public water supply. Health Agent Beebe outlined the history of the approval process so far:
East Cape Engineering had originally gotten site approval from the state as a public water supply
Coastal Engineering has been trying to determine adequate flow for this water supply
Maximum flow will be for design-assembly space
Ms. Beebe has requested water flow use numbers for similar centers: Dennis, Yarmouth & Orleans
Mr. Asmann stated that he was not asking for approval at this meeting; he assumed that the BOH would wish to set qualifications for this approval. It was agreed that Ms. Beebe would need criteria and discussion of flow estimates and that the state criteria would be followed. Ms. Beebe stated that she will get all necessary information on well site results; this will go on next meetingMinutes of February 13, 2002. Lezli Rowell moved and Betty Kimball seconded the approval of the minutes of 2/13/02 with amendment. Approved, 4-0.
Minutes of February 27, 2002. Lezli Rowell moved and Geoff Karlson seconded the approval of the minutes of 2/27/02 with amendment. Approved, 4-0.
Licensing. The Board signed licenses for businesses and services.
Approval of Warrant Articles. The Board of Selectmen requested the BOH recommendations for two articles on the Annual Town Meeting Warrant:
Article 16Article 32Health Agentbe taken to Town Meeting for vote. Betty Kimball asked Ms. Beebe the status of the Dog Bylaw; Beebe responded that it had been killed in committee, since revisions were submitted too late for the committee to act. Kimball also requested information on the horse stable; Beebe informed the Board that there would be a public hearing on the permitting of the stable at the first meeting in April. This will be one of two public hearings that evening: the other will be Bobby MartinFurther Welcome to Zel Levin. Chair Breen again greeted Mr. Levin, asking him for some background information about himself. Mr. Levin provided a brief autobiography and was welcomed by the rest of the Board.
Planning Board Public Hearing, April 20, 2002, Warrant Articles on Proposed Amendments to Zoning Bylaw
Geoffrey Karlson moved for adjournment; Lezli Rowell seconded. Meeting adjourned at 9:55 p.m.
Respectfully submitted,
____________________________________
Frances J. Castillo, Assistant to the Committee Secretary
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