Present: Richard Willecke, Chair; Lezli Rowell, Anne White, Alex Hay, Health Agent Hillary Greenberg, and Christine Bates, Committee Secretary
Regrets: Ken Granlund
Chair Willecke called the meeting to order at 7:00 p.m. The meeting was tape-recorded.
Meeting Minutes
Lezlie Rowell moved to approve the meeting minutes of May 11 as presented; seconded by Richard Willecke; passed 4-0.
Variance Request
William Kelley, 419 Nellie Road, Assessor’s Map 30, Parcel 622. Robert Perry of Cape Cod Engineering, Inc. represented the applicant. He stated the nitrate level is significant and proposes to use an Advantex Model AX20 treatment system. The ground water flow direction is Southeast to an easterly gradient. This is a two bedroom dwelling. Rowell stated she is pleased he looked at the water flow indicating that the well is upgradient
and is comfortable with the specs referred to in the product literature. Abutter notification was sent to the National Seashore with no response. Willecke stated he is aware the parcels are small. Rowell moved to approve the May 5, 2005 plan as presented and grant the 5 variances requested in the letter from Cape Cod Engineering, Inc. dated May 12, 2005 for the upgrade of the septic system to serve a two bedroom structure, a grandfathered, non-conforming dwelling (with respect to the Nitrogen Loading Limitations) employing an Advantex Model AX20 under the General Use approval category subject to the following conditions:
1. Design flow is to be limited to 227.9 gpd.
2. Property bounds to be marked permanently with concrete corner flags.
3. No increase in habitable area without Board of Health review.
4. The well water shall be tested and found potable, with results copied to the Health Department, prior to issuance of the Disposal Works Permit.
5. Any restriction in design flow and all conditions shall be recorded against the deed for the property at the Registry in Barnstable, and proof of deed recording shall be submitted to the Health Department prior to the issuance of the Disposal Works Permit.
6. A copy of a 3 year operation and maintenance contract with a certified wastewater operator shall be submitted to the Health Department prior to issuance of the Disposal Works Permit. Monitoring shall include testing the effluent for the following parameters: temperature, pH, nitrate, ammonia and TKN. The influent shall be sampled for these parameters once annually. The schedule for monitoring shall be quarterly for the first 2 years of operation, semi-annually for the next 2 years, and 1 sample annually from then on. Upon transfer of deed this schedule shall be restarted. All results copied to the Health
Department and the Barnstable County Department of Health and the Environment, with data provided in what format is acceptable to those agents. Any other sampling per DEP approval.
Motion seconded by Alex Hay; passed 4-0.
Frank Turpin, 393 Bound Brook Way, Map 6, Parcel 10. Per a request from the applicant, this hearing is continued to June 8, 2005
Discussion:
Jason Ellis requested an opportunity to discuss Susan Tiholiz property located at 22 East Commercial Street. He stated the nitrate levels for several area wells were over 5 mg/L, and proposes to retrofit the existing septic system by replacing existing tank with an Advantex treatment system. Property across the street needs to have the water tested for nitrates. Willecke and White stated they were glad to see the remedial plan. Rowell reminded the Board of the Kemper property regarding the retrofit permitted instead of full upgrade with reduced number of bedrooms on the property, and considered the possibility of negotiating down the number of bedrooms. She would like to see the design flow limited to 440 gpd or see the applicant go with a full upgrade. Ellis stated the property
is in the process of being sold as a five (5) bedroom dwelling. The septic system was designed in 1992 to full design flow, which Rowell agreed was distinct from the Kemper case. Agent Greenberg felt it would be a good idea if the applicant would reduce the number of bedrooms. Ellis stated he did not think it would be fair to the seller or buyer. Rowell thanked Ellis for sharing the information regarding the property and moved to accept the plans for Tiholiz; seconded by Willecke; passed 4-0.
Other Business:
Agent Greenberg reported she went to Barnstable County Health Department and received computer training for the new I/A tracking program. She stated we will have the ability to run compliance and O & M reports, sort reports, and have access to information regarding Wellfleet installations, as well as request information from other towns. She distributed a draft of a proposed regulation entitled “Monitoring of Innovative/Alternative on-site sewage treatment systems”. It was determined the Board would hold a public hearing on June 22, 2005, and legal ads would be placed in the Cape Codder June 10 and June 17, 2005.
Agent Greenberg reported she went to a rabies clinic, and the Town Administrator gave approval to dispense vaccines in the town.
Agent Greenberg reported there was a misunderstanding regarding the court hearing date for the Danforth enforcement case. No one from town showed up for the hearing and the fines were dropped by the judge. Town Counsel stated the costs involved in appealing the case would be more than the fines. The civil case is scheduled for June 7. Rowell moved to request Town Counsel reopen the Danforth case regarding the need for compliance and to have the town stand behind the regulations; seconded by Willecke, passed 4-0. Rowell moved to proceed with condemning the property based on 105 CMR 410: The State Sanitary Code minimum stand for fitness for human habitation; seconded by Willecke; passed 4-0.
Alex Hay proposed there be a discussion at the next meeting regarding a bathhouse at Mayo Beach in the Shellfish building. He states the marina restroom is too far away from those people at the beach and several people chose not to utilize the outhouses at the park. He stated he has been receiving phone calls. Willecke concerned there is no funding for this project. A study was done several years ago. Rowell stated she felt Mayo Beach was utilized as a swimming beach only at high tide. White felt there were enough facilities available and this project would not be a priority for the town. Hay referred to architectural plans available with a septic system included, and Baker’s deed stated there would be a bathhouse. White does not feel a shower would be appropriate. Agent Greenberg stated she would want to see scientific information on pollution claims before making any decision. Hay feels we should accommodate the public’s request. Willecke feels it is not the BOH’s
position to propose this and it should go to the Board of Selectmen. Discussion took place regarding Baker’s Field and the fact that a tight tank is already in place. White suggested a composting system. The item will be placed on the next agenda for discussion.
Licenses
Wellfleet Harbor Actor’s Theater – (tent). Willecke stated the hearing is not scheduled until June 9 and didn’t advise signing off on something that isn’t approved as yet by the ZBA.
MISC.
Agent Greenberg stated she spoke with Mike Quink of DEP regarding WHAT. He reported they are not prepared to sign off on the well. She also stated she has had no contact with anyone from WHAT. Willecke stated he is concerned about the burial grounds on the church’s property. Agent Greenberg will contact the church for further information. Agent Greenberg stated DEP required data on the easements for water supply area and water quality testing results to process PWS application and determine protective radius.
It was agreed the Board would pick up BOH packages after 12:00 on Fridays without receiving any phone calls. Anne White and Alex Hay requested their packages be placed in envelopes outside the door. In the event the packages are not ready, phone calls will be made.
Willecke moved to adjourn the meeting at 8:10 pm; seconded by Rowell, passed 4-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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