Wellfleet Board of Health
Minutes of Meeting of January 8, 2003
Senior Center, Long Pond Room
Present: David Breen, Chair; Betty Kimball, Zel Levin, Lezli Rowell;
Emily Beebe, Health Agent, Erik Mitchell, Assistant Health Agent
Excused: Geoffrey Karlson
Chair David Breen called the meeting to order at 7:00 p.m.
Definitive SD #02-04; Dr. David Johnson; 130 Long Pond Road, Assessor's Map #15, Parcel # 148, 4 lots. Chet Lay of Slade Associates appeared before the Board to present the proposal for the above-referenced subdivision, for which Planning Board had requested BOH review prior to the scheduled Planning Board Hearing of 1/15/03. Lay noted that lot sizes for the 4 lots were two and one-half times the minimum lot requirement, that Dr. Johnson was restricting all lots to residential (although part of the parcel falls into the commercial zone), that all 4 lots will be accessed from a road to the right of the property, and that the proposed wells were clustered in a corner. He added that individual Title 5 plans would later be submitted to the BOH for each lot. Health Agent Beebe commended
the large lots and noted that access to Lots 2 and 3 would be through an easement. Lezli Rowell moved to approve the master plan and preliminary site and septic plan for the Johnson subdivision; Betty Kimball seconded. The motion passed unanimously, 4-0.
Request for Nitrogen Credit. Karamali, 44 Hidden Acres Lane, Assessor's Map #13, Parcel #161.6. David Lajoie of Felco Engineering brought this request concerning a proposed 5 bedroom dwelling on less than 50,000 square feet of upland to the BOH. Health Agent Beebe explained that although requests for nitrogen credits were not usually placed on the BOH agenda, she and Lajoie wanted the Board to decide whether the upland/lowland issue applied to this lot, which contains fresh water wetland (Herring River watershed), not the "coastal banks, salt marshes, filled wetlands and tidal areas" of #608 of the BOH Regulations, which deals with calculation of design flow. Betty Kimball stated that the regulation did not apply to this property; Lezli Rowell did not think it
defensible to hold this regulation against a fresh water wetland, that it did not need denitrification and it should be a straight Title 5; David Breen noted that if the wetland region was subtracted, the resulting 41,000 square feet would need alternative technology. Ms. Beebe declared herself comfortable with Ms. Rowell's assessment, feeling that the intent of the regulation was for marine resources. Rowell moved that Felco Engineering site and sewage plan #02211 (drawn up for Karamali/Pine Knolls Developers and dated 12/20/02) as proposed for a Title 5 system be approved for 5 bedrooms on the lot area of 50,884 square feet including wetlands. Kimball seconded. Chair Breen asked whether the Health Agent saw any problem with the plan's location of test holes and the leaching area; Ms. Beebe felt these should be decided upon a case-by-case basis. The Chair called for the vote; the motion passed unanimously, 4-0.
Continuation of Variance Request: Roger Cacchiotti (formerly Gift property), 180 Commercial Street, Assessor's Map #21, Parcel #91. In answer to Betty Kimball's question concerning the new set of plans on this septic upgrade, Lezli Rowell read the motion to continue this hearing from the minutes of 12/11/02 (see 12/11 minutes for background discussion). Matt Farrell of Bennett & O'Reilly again appeared to represent Mr. Cacchiotti, explaining that at the last meeting the Board had asked for several changes, including a system approved for remedial, in this case Bioclere, which he had substituted for the previously proposed Fast system. He also noted that he had moved the pump chamber, that the technology had changed, but that the leachfield had not been moved. Further, he had
corrected earlier errors which Board members had noticed on the plans.
Ms. Beebe noted that she had reviewed the plan with Farrell and approved of the overdig and switching of technology; she felt that Bioclere would work well for nitrogen removal. Her concern, however, was with the water quality, the well up front, and she advised that the BOH should make a decision on the septic system at this meeting and leave the well for further study. Stating that she wished to get into the house and take a water sample, she noted that since this is a rental house at present, the water quality must be improved. Beebe added that she did not approve using bottled water, that rental regulations are very tight, and that one solution might be to find another place for a well, exploring what land was available. Problems with the site include shallow
lens and clay layers, contaminated upper level, a tough location.
Discussion followed, including:
Water as biggest issue here; suggestion to condition the project for monitoring samples annually/biannually; State Sanitary Code's Standard for Human Habitation requires potable water, perhaps demanding a restriction against rental
Agreement to move forward on septic at this time, to continue the hearing, get water samples and talk with Mr. Cacchiotti
Discussion of Bioclere as satisfactory since it is in the DEP's General Use and Remedial Use approval categories.
Lezli Rowell moved and Betty Kimball seconded that the Board of Health approve Bennett & O'Reilly, Inc. Plan #B0002-3615, as revised 1/6/03, for an upgrade of the septic system on the Cacchiotti property using a Bioclere system approved for remedial use, to be deed-recorded; this approval is to be subject to the following conditions:
The Board return to this plan on January 22, 2003 to consider potability of the locus well and any conditions necessary for use of that well
There is to be no increase to habitable area
This restriction is to be recorded against the deed for the property at the Registry in Barnstable
There will be no conversion of use without Board of Health approval.
The motion passed unanimously, 4-0.
Betty Kimball requested that the BOH see the letter of approval for the above system from the DEP; Farrell will send a copy when it is received.
Matt Farrell informed the Board that he had discussed with Mr. Perkins (abutter to the north of the property) the possibility of connecting with his well; Perkins had told him that he was not interested in doing so. Kimball asked for a copy of the letter giving Mr. Perkins' permission for the construction easement across his land; Farrell stated that this would be sent to the Board along with the DEP letter. Discussion of the DEP's process of approval followed, including point-of-use and point-of-entry. As the hearing concluded, Ms. Beebe asked Mr. Farrell to ascertain the length of the leases for the Cacchiotti tenants.
New Business
Correspondence:
The memo of 12/10/03 from Assistant Town Administrator Rex Peterson concerning the upcoming joint meeting of the regulatory boards (1/14/03) was discussed. Major areas will be development on marginal lots and the "tear down" phenomena. Health Agent Beebe commended this idea, stating that discussing these topics among the four boards, considering recent case types concerning problems which have come before various boards, and learning the functions of the other boards should contribute to overall understanding. She advanced for the Board's consideration the fact that a replacement of a 2 bedroom home by "tear down" does not consitute a simple replacement but in fact adds increased water and septic use as well as increased square footage.
Ms. Beebe announced that on Monday, January 13, 2003, Brian Dudley will speak to the BOS at 7 p.m. on the Estuaries Project. Discussion of the project's use of a nitrogen-loading model customized to each watershed followed; surface water data from Wellfleet Harbor will be used. Lezli Rowell suggested requesting results up front in the form of a software program to use with Wellfleet's problems; Erik Mitchell explained that he has been working to get a GPS software program.
Minutes of December 11, 2002: Lezli Rowell and David Breen suggested corrections and amendments to the 12/11/02 minutes; the major corrections follow:
Page 2, j. addition after (. . . 1 large bedroom) "and condition of application to treat domestic water point of use rather than achieve potable well results would be a "no rental," as point of use does not satisfy the habitations code."
Page 2, j. addition at end of sentence: "to use as a single family residence rather than 2 apartments."
Page 3, #2 addition at end: "Rowell supported no variances to resource and well setbacks, vertical groundwater separation for new construction, but felt that disallowing lot line and cellar wall variances could constitute a taking of property."
Page 3, center of section Designation of Wellfleet as a Nitrogen Sensitive Area, after ". . . than those of 15.214." addition of "Rowell inquired of the Health Agent whether the intent of the state regulation for Nitrogen Sensitive Designation is to protect the well resource or the groundwater resouce, to which Ms. Beebe answered that it is the well resource. Rowell asked to be provided with more information regarding local adoption of Nitrogen Sensitive Designation as occurred in 1995 and history of Cole's Neck water system."
Page 2, change g to "comment on water that pH of 5.6 is extraordinarily acidic"
Correction of spelling of Erik Mitchell's name throughout
Page 1, first bullet, third line change to ". . . the well in the house was worse with 12.3 for nitrates" and second bullet, b, change "deeper levels" to "shallow horizon."
Betty Kimball moved to accept the minutes as amended; David Breen seconded; the motion passed 4-0.
Betty Kimball inquired if anyone had considered for discussion the document distributed to the Board by Helen Miranda Wilson at the 12/11 meeting (see minutes); it was decided that this should go on the next agenda.
David Breen announced that the Harbor and Estuarine Water Quality Report can be obtained at the Health Department office; he also added that a report from the DEP entitled "Title 5 Pressure Distribution Design Guidance" may be downloaded from the Internet.
Lezli Rowell distributed her January 8, 2003 revisions regarding proposed regulation changes (reflecting discussion of 12/11/03), asking that the BOH study it as a work in progress.
Business Licenses: The Board signed business licenses for the following:
Southfleet Motor Inn
E. F. Winslow Plumbing & Heating Company, Inc.
Massasoit Hills Trailer Park, Inc.
CC Construction, Inc.
Northeast Construction
Minot Reynolds
James J. Roderick, Inc.
Bouse House Enterprises, Inc.
Cape End Building
E-Z-Doze It Excavating, Inc. (2)
Lower Cape Sand & Gravel d/b/a Murphy-Nickerson
Wind River Environmental (2)
Daluze's Excavating Service
Crowell Construction, Inc.
Maurice's Campground (3)
Alfred Pickard, Jr. d/b/a Boathouse Fish Market
Wellfleet Marine Corporation
Ocean Reef Gift Shop, Inc. d/b/a Ocean Reef Gifts
Lezli Rowell moved that the meeting be adjourned; David Breen seconded. The meeting was adjourned at 8:50 p.m.
Respectfully submitted,
________________________________________
Frances J. Castillo, Assistant to the Committee Secretary
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