Wellfleet Board of Health
Minutes of Meeting of January 22, 2003
Senior Center, Long Pond Room
Present: David Breen, Chair; Lezli Rowell, Zel Levin; Emily Beebe, Health Agent
Excused: Betty Kimball, Geoffrey Karlson
Chair David Breen called the meeting to order at 7:02 p.m. He noted for the record that he wished to encourage Assistant to the Health Agent Erik Mitchell to pursue his RS credentialization, which would add to his stature in the Town of Wellfleet. He added that he had study materials to offer to Mr. Mitchell.
Variance Request: Hutchison and Kennedy, 161 Commercial Street, Assessor's Map #21, Parcel #119. David Lajoie of Felco Engineering presented this proposal for an upgrade to a Title 5 system pursuant to a transfer of deed. Chair Breen read into the record the 12/24/02 letter from Felco requesting 3 septic variances. Lajoie explained the proposal for this 5-bedroom structure on a small lot with at least three cesspools (which will be eliminated) and a new well which is 100 feet from the leach area. Because the system will be located too close to a wetland, the plan proposes to include a Bioclere unit.
Health Agent Beebe commented that the Bioclere system would provide denitrification, advanced treatment for wastewater going toward the wetland; she added that the system is located in the best place possible.
Discussion from the Board:
approbation that there are no well variances on the parcel and that the 5-bedroom house is a single family dwelling
determination that the tree to be removed would be an apple tree and that the project would be reviewed by ConsCom on 2/19
comment that ground water separation looks accurate
question of reason for silt fence, explained by Lajoie as a ConsCom requirement to prevent construction silting toward wetland and having no impact on the septic system
question on adjustment of ground water elevation--is well identified on plan? Lajoie pointed out that this was included on the Soil Evaluator form. Further comment that it is preferable to observe a similar soil rather than a near well.
Audience questions: Mrs. Glucksman, an abutter, inquired concerning the location of the system in reference to her property and well; she also asked further explanation of the silt fence. Lajoie answered both queries.
Lezli Rowell moved to approve Felco Engineering Plan #02106, dated 11/7/02, and to grant three variances requested in the letter from Felco Engineering, dated 12/24/02, for the upgrade of the septic system on the Hutchison-Kennedy property at 161 Commercial Street, subject to the following conditions:
Use of alternative technology will be deed recorded
There is to be no increase in habitable area without Board of Health review
There is to be no conversion of use without Board of Health review.
David Breen seconded; the motion passed unanimously, 3-0.
Variance Request: Seeger, 165 Indian Neck Road, Assessor's Map #28, Parcel #133. David Lajoie of Felco presented this proposal for a septic upgrade pursuant to transfer of deed; this plan represents a change from one approved for the former owners (William and Rita Connelly) by the BOH on 8/22/01. The new owner, Mr. Jeremy Seeger, was also present. The Chair read into the record the 12/24/02 Felco letter requesting 3 variances. Lajoie noted that Mr. Seeger had asked that the location of the system be changed from that in the previous plan and that there would be a new well for the locus property; he added that the only trade-off was not providing separation to the well on Parcel 134. Health Agent Beebe then provided background from the previous approval; her concerns were the water quality
issues of the immediate area, and she recommended that the owner pursue alternative technology. Because of the closeness of a freshwater wetland, she noted that the Board has the right to require additional treatment. In subsequent discussion, the following points were made:
Zel Levin stated that if the variances pose no threat to the health and welfare and are approved by the Health Agent, he would approve the request; otherwise, he was withholding judgment.
Lezli Rowell saw improvement in this plan, since the septic system has been placed up-gradient of the well rather than down-gradient as was the case in the Connelly plan. She added the following points: the well on Parcel 134 is up-gradient; the septic system is out of the 50-foot buffer zone; while this is certainly not an ideal neighborhood, the plan has optimized well distances; although this triggers the alternative technology requirement, the BOH has the ability to allow a variance; the septic location of the earlier plan would have required a well variance. She concluded that she was pleased to see this plan as a better solution for this property and for the neighborhood and requested that the Health Agent inspect the house to determine a 4-bedroom design
flow.
Beebe repeated her concern that pushing the system towards the fresh water wetland needed to be considered; she agreed that receptors down-gradient are better but cautioned the BOH with going forward with well variances without further consideration of organic loading. Rowell asked if the state would overturn use of a FAST system; Beebe replied that this was town jurisdiction, not state, and that FAST could be used under general approval.
Rowell stated she saw the plan on a lateral course with the well up-gradient from the septic system and a driveway down-gradient; she leaned toward approving the plan as presented.
Chair Breen asked for audience comment:
Anne Becker, an abutter at Parcel 132, voiced her concern about pollution: her well is at the bottom of the drive and the wetland contains living things. Lajoie explained the plan configuration to her.
The Health Agent encouraged the Board to "do a little bit extra here," commending Lezli Rowell's points concerning improved groundwater flow in this plan but emphasizing that the little freshwater wetlands is significant. Chair Breen asked Mr. Seeger his opinion of his plan as compared to the older plan; Seeger stated that his first concern with the old plan had been the necessity for removing trees but he was most impressed by the fact that the new plan changed the gradient between well and septic from down to up-gradient. Ms. Rowell explained to him that the BOH was being asked by the Health Agent to consider a FAST system to treat wastewater which might flow toward the wetland; David Lajoie requested a continuance of the hearing for further consideration of the problem. Lezli Rowell moved to continue the Seeger hearing to allow the applicant to consider his interest in FAST technology; David Breen seconded. Mr. Seeger asked about the time frame for continuation; the Health
Agent replied that she needed to inspect the house for design flow and that the continuation could be scheduled for February 12, 2003. The vote was called and the motion passed, 3-0.
Proposed Project Review: Suzanne and Dan Calota (Cabins 4 & 7) and Leonard Croteau (Cabin 8), Brownie's Cabin Condominiums, State Highway, Assessor's Map #29, Parcel #269. Both the Calotas and Mr. Croteau were present for this discussion of their requests to construct additions to their respective properties.
The Calotas asked permission to square Cabin #4 off at the corner (for a kitchen table space, approximately 8 x 6 feet) and to add an 18 x 20 foot addition to "overnighter" Cabin #7.
Mr. Croteau asked permission to add a 8 foot 11 inch x 11 foot 6 inch sun porch to the side of Cabin #8.
The Health Agent pointed out that when Brownies' Cabins was approved as a condominium, it was approved "as is" and that any request for addition comes back to the BOH; she then read the March 1, 2002 memo regarding Brownie's coversion sent by the BOH to the ZBA. Ms. Beebe also noted that the change to the non-conforming water supply Zone 1 requires DEP approval and that the applicants would need to forward a letter from the BOH to the ZBA and to Mike Quink of the DEP.
Zel Levin inquired who was responsible for the water, since there are 2 wells for 8 units; the Health Agent replied that Whitewater is the operator, that the wells are on a monitoring program with protocol being followed, and that both wells appear to be testing adequately. David Breen commented that the septic is essentially a cluster system.
Discussion turned to the structures, which at present do not meet minimum square footage for the habitation code. Lezli Rowell noted that undersized structures should be allowed to come up to the minimum square footage of 250 square feet and asked if the condo association had approved construction of additions. Mrs. Calota stated that the ability to request variances had been approved. Rowell then determined that the proposed additions would bring each of the units up to minimum standard, noted that more detailed floor plans were needed for Units #7 and #8 to understand the proposed additions clearly, and suggested that the Board should limit additions to the cabins to the minimum area conformable with the sanitation code.
Further discussion covered exclusion of kitchen area from habitable area, no walls included in additions, and request of use of an EPA-suggested alternative rather than arsenic-containing pressure-treated wood considering the public water supply. Health Agent Beebe added the suggestion that every condo should be required to have a systems inspection every three years.
Lezli Rowell moved that a memo be sent to the Zoning Board of Appeals stating that the Board of Health had voted to allow the Calota and Croteau additions (Brownie's Cabin Condominiums, Cabins #4, #7, and #8) in order that each cabin achieve 250 square feet of habitable area in compliance with minimum standards for habitation per the sanitary code, with the following conditions:
There shall be septic monitoring and maintenance immediately and every three years per Title 5 Regulations.
Chromated copper arsenate will be excluded from any exterior decking material.
David Breen seconded the motion. Ms. Beebe read aloud the section of the condominium regulations for Brownies' which stated that owners were not allowed to add bedrooms. David Breen asked the Health Agent if the BOH had the authority to determine lumber to be used; the Health Agent agreed that pressure-treated wood could be excluded. The motion passed unanimously, 3-0.
Discussion: Proposed Changes for Flying Fish Café, Briar Lane (Map 14, Parcel 26). Health Agent Beebe directed the Board's attention to the Application for Disposal Works Permit (dated 3-29-95) for the Flying Fish Café, a restaurant with bedrooms upstairs. No bedrooms were listed in this permit; however, the owner now wishes to add two bedrooms upstairs and wants a determination from the BOH of number of seats to be allowed in the restaurant, an important marketing question. Ms. Beebe recommended sticking with the design flow of 1200 gallons per day; this would determine maximum seating capacity of 28 along with the 2 bedrooms. David Breen moved and Lezli Rowell seconded that the Board of Health require the Flying Fish Café retain design flow of 1200
gallons per day as maximum; unanimously passed, 3-0.
Minutes of January 8, 2003. Lezli Rowell moved and David Breen seconded the approval of the 1/8/03 minutes as amended; passed, 3-0.
New Business:
The Health Agent wishes to put together a draft for a warrant article on potassium iodide stocking; this needs to be submitted to the Administrator's office by 1/24/03.
Chair Breen determined from the Health Agent that Wellfleet has a high-speed internet access (in case of emergency).
Chair Breen suggested including a form for construction reports in a proposed letter to engineering firms setting forth suggested wording on plan submissions. He volunteered to draft a letter for the BOH's review.
In a discussion of sending water samples to 3 different labs for analysis, Ms. Beebe explained that she planned to used 2 commercial labs and the National Park lab. Chair Breen discussed methodology for drawing samples--1 homogeneous sample then divided in 3.
Referring to Helen Miranda Wilson's document on affordable housing, Lezli Rowell suggested that BOH insert language for public well and shared septic criteria. The Health Agent agreed that BOH should develop such criteria.
Lezli Rowell distributed her latest draft of the BOH regulation revisions for study and discussion prior to the public hearing.
Rowell moved and Levin seconded adjournment of the meeting; the meeting closed at 9:15 p.m.
Respectfully submitted,
_______________________________
Frances J. Castillo, Assistant to the Committee Secretary
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