Wellfleet Board of Health
Minutes of Meeting of May 24, 2006, 2006
Senior Center, Long Pond Room, 7:00 p.m.
Present: Chair Richard Willecke, Lezli Rowell, Anne White, Alex Hay, Health Agent Hillary Greenberg, Assistant Health Agent Andrew Petty, 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
Lezli Rowell moved to approve meeting minutes of 2February 8, 2006 as presented; seconded by Alex Hay, passed 4-0.
Lezli Rowell moved to approve May 10, 2006 meeting minutes as presented; seconded by Anne White; passed 3-0.
Variance Requests
1. Captain Higgins, 250 Commercial St., Map 21, Parcel 106: (Cont’d from 05/10/06). Tim Brady of East Cape Engineering, represented the applicant. He presented a revised plan dated 05/04/06. The restaurant is licensed for 215 people; therefore, the new treatment and disposal system components were designed to accommodate flows of 7,525 gallons per day, equal to the Title 5 design flow of 35 gallons per day per seat. He explained that the new system components will consist of a 3,500 gallon 2-compartment grease trap, two 8,000 gallon septic tanks in series: an 8000 gallon media tank, and 8,000 gallon Sept-Tech M3000HD processors. SAS is to be pressure dosed. The Remedial Use approval category will allow up to a 50% reduction in the subsurface
disposal area design requirements. Additionally, the plan utilizes the design credit to allow reduction from the 5’ vertical separation to groundwater requirement. With both credits requested, plans will need to be submitted to DEP after local approval.
Rowell and Willecke questioned whether the SAS could be reconfigured to bring the design up to 75% provided, as permitted under local approval. Brady explained the siting constraints with the location of the structure. Rowell commended the engineering and noted that the level of treatment will be superior to that which has been on site. Hay felt that the board should trust the technology to be employed.
Lezli Rowell moved to approve the East Cape Engineering plans dated revised 05/4/06 and grant the variances requested in the letter of 05/15/06 for the upgrade of septic system, employing Septi-Tech I/A nitrogen treatment under the Remedial Use Approval category, with the following conditions:
a) Design flow to be limited to 7525 GPD to serve the existing grandfathered 215 seat restaurant known as Captain Higgins. The 7525 GPD is specific to a restaurant use with 215 seats, any change in use on this lot will require a Wellfleet Board of Health or Health Department approval.
b) A variance has been granted to allow a 50% reduction in the size of the leach area provided, as allowed by DEP under Remedial Use with I/A technology, to 3762 GPD to be installed. Any functional or hydraulic failure will necessitate upgrade to at least 75% of the design flow to be installed. If installation of 75% required SAS area (5643 GPD) cannot be achievable due to configuration of lot and structures, a reduction in the number of seats will be required to match leaching capacity provided, per 310 CMR 15.203 (or 107 seats for 3762 flow installed.).
c) There is to be no increase in sewage flow to the newly upgraded subsurface sewage disposal system and no increase in square footage to the existing structure served by the sewage disposal system which will result in an increase in flow. This approval limits use to 7525 GPD for the specific use of facility as a restaurant. No conversion of use without Board of Health approval.
d) If the structure known as Captain Higgins is demolished or seriously altered (removal of outside walls) prior to installation of subsurface sewage disposal system, this condition set and granted variances shall be null and void.
e) If the structure known as Captain Higgins is demolished or seriously altered (removal of outside walls) post installation of subsurface sewage disposal system, a review of the site plans will take place by the Board of health to determine if a more compliant subsurface sewage disposal system is appropriate, prior to issuance of a building permit.
f) If the structure known as Captain Higgins is altered in such a way that requires a building permit, the plans must be submitted and approved by the Wellfleet Board of Health or Health Agent.
g) The property located at Map 21, Parcel 107 must be properly hooked up to town water and documents showing proof of this must be in the Health Department files prior to subsurface sewage disposal installation.
h) Sampling schedule per DEP remedial use category. If sampling data results are not at or below effluent discharge limits, a system modification may be required. The Board of Health will evaluate limits that are exceeded five (5) times in a year.
i) The shower on the plan is to be eliminated.
j) The system is to be equipped with a modem and auto dialer programmed to automatically call the maintenance company if alarm conditions occur.
k) Any restriction in design flow and all conditions shall be recorded against the deed for the property at the Registry in placeCityBarnstable, and proof of deed recording shall be submitted to the Health Department prior to the issuance of the Disposal Works Permit.
l) 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.
2. Frederick and Ethel Tyler, 10 Ione Road, Map 25, Parcel 51: Variances required for septic system upgrade. David Lajoie represented the applicant. This is an upgrade to an existing dwelling; there will be no change in use, no expansion or alteration. Lajoie stated the plan requires Conservation Commission approval as well.
Lezli Rowell moved to approve Felco, Inc. revised plan dated 06/05/06 and grant the one variance requested in the letter of 06/05/06 (revised) for the upgrade of a septic system to serve a three bedroom structure, a grandfathered, non-conforming dwelling (with respect to the Nitrogen Loading Limitation) subject to the following conditions:
a) Design flow is to be limited to 340.4 gpd to serve three bedrooms.
b) The well water shall be tested and found potable, with results copied to the Health Department, prior to issuance of the Disposal Works Permit
c) Any restriction in design flow and all conditions shall be recorded against the deed for the property at the Registry in placeCityBarnstable, and proof of deed recording shall be submitted to the Health Department prior to the issuance of the Disposal Works Permit.
Seconded by Anne White; passed 4-0.
New Business:
Agent Greenberg gave an update on the Danforth property. EZ Doze It was to contact Greenberg regarding septic installation and lowering of the house.
The Board will hold a public hearing on Tobacco permits and regulations on June 28, 2006. This will be posted at Town Hall, on the Web and advertised in the Cape Codder. The Board will determine what the fee will be at its June 14 meeting. It was recommended paperwork be sent to establishments selling tobacco products so they are aware of the future fee and regulations.
Agent Greenberg received a letter from Mark Vincent, Director of DPW regarding fees. He recommends a fee of $25.00 for the use of the scale by vendors. The Board would like to know the costs of calibration, etc. Agent Greenberg was requested to speak with Vincent and report back to the Board.
A “Choke Saver” course is scheduled to for 05/26/06 at the DPW building for business owners/associates.
The Planning Board requested the Board of Health sign off on a pre-subdivision Plan for Parkington. Rowell signed, noting adequacy of area to address well and septic needs.
Hazardous Waste Day is scheduled for June 3, 2006.
Greenberg reported there was a measles case at Nauset.
Licenses:
Alex Hay moved to adjourn the meeting at 8:15; seconded by Richard Willecke; passed 4-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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