Wellfleet Board of Health
Minutes of Meeting of February 12, 2003
Senior Center, Long Pond Room
Present: David Breen, Chair; Betty Kimball, Zel Levin; Emily Beebe, Health
Agent, Erik Mitchell, Assistant Health Agent
Excused: Lezli Rowell, Geoffrey Karlson
Chair Breen called the meeting to order at 7:00 p.m.
Variance Request--Bob Derow and Joe Wanco, 1878 State Highway, Assessor's Map #29, Parcel #51. Both Mr. Derow and Mr. Wanco were present to discuss this project, in which they had originally proposed to relocate a cottage to a foundation that would be built less than 20 feet from an existing leaching area. However, the owners explained that they had discussed their project with an engineer from Felco, Inc. who had advised them not to move the cottage to the foundation; they have subsequently decided not to do so and will take down the cottage and begin new construction in the fall. They further stated that it would be easier to build new and that this construction would be located outside of the leaching area. Mr. Wanco distributed copies of their new plan and inquired if the BOH needed
further information. Health Agent Beebe noted no issues with the new plan and pointed out that the Board need take no action since no variance was needed. Abutters attending the hearing stated their approval of the new plan.
Variance Request--Puritan of Cape Cod, 286 Main Street, Assessor's Map #15, Parcel #51. Matt Farrell of Bennett and O'Reilly presented this proposal (replacing an earlier plan; see minutes of 8/28 and 10/23/02) to upgrade an existing cesspool to a Title 5 compliant tight tank (1500 gallon capacity). The new proposal is due to a DEP denial of an earlier application for a shared sewage system to serve Parcels 50 (Cape Shores Realty) and 51. Chair Breen read Bennett & O'Reilly letter of 1/31/03 into the record. Discussion of the plan included the following points:
The state has indicated that the use of a tight tank is subject primarily to local approval, although Farrell will submit the locally-approved plan back to the DEP. He noted that the state, when denying the shared system, suggested the tight tank as the only option.
Alarm location--the Health Agent advised that the alarm be placed inside the building rather than on the outside NE corner; Farrell concurred. The alarm is on its own circuit.
The tank will be pumped every 10 to 13 days (although Farrell notes it may only require pumping every 24 days); pumping is noted in Reg. #7 on plan.
Farrell felt that odor should not be a problem and that soil horizons were not applicable to this plan.
Chair Breen asked a confirmation of the designation CF.
Betty Kimball moved and David Breen seconded that the Board of Health approve Bennett & O'Reilly Plan #B0023346 as presented and approve four variances requested in the Bennett & O'Reilly letter dated 1/31/03 for the upgrade of the septic system on the property cited above, subject to the following conditions:
Approval by the Department of Environmental Protection
Location of alarm inside of building
Contract with waste hauler to be submitted prior to issuance of permit
Installation of meter on well with three readings per year to be submitted to the Health Department
No change of use without Board of Health approval.
The motion passed unanimously, 3-0.
Variance request--Continued from 1/22/03--Jeremy Seeger, 165 Indian Neck Road, Assessor's Map #28, Parcel #133. In the absence of Felco engineer David Lajoie, who was ill, Allan Cabral presented this septic plan (Felco Job #01075); Mr. Seeger also attended the meeting. Mr. Cabral reviewed the history of the plan, which represented a change in placement of the leaching area from the previously approved Connelly plan (see minutes of 1/22). He stated that when Mr. Seeger's plan was taken to the Conservation Commission, the issue of the size of the fresh wetland (from which the plan asks a 50 foot variance) arose; the commissioners felt that current conditions indicate that the wetland is actually larger than shown in the Seeger plan and that the proposed leachfield might actually impinge upon the
50-foot buffer zone. The Conservation Commission wanted Felco Engineering to re-examine the size of the wetland; they also questioned the direction of the ground water flow. Anne Becker, abutter from Parcel 132, reiterated her concern that her well would be threatened by the groundwater flow. The main points of the ensuing discussion follow:
Evidence of wetland plant species on both sides of the driveway indicate that the fresh wetland is larger than depicted in the plan.
The Health Agent recommended that Innovative Alternative Technology (IA) be used in light of the fact that the wetland was significantly closer to the system than previously supposed..
Mr. Cabral supported David Lajoie's original delineation of the wetland and asked whether it was currently a requirement that IA be required for variance to a wetland area. He was answered affirmatively.
In further discussion of placement of the system--whether to use the new placement with more expensive alternative technology or to return to the old placement of the Connelly plan--Mr. Seeger stated that he felt he had improved the first proposal both environmentally and aesthetically but would have no problem taking his present plan off the table and using the previously approved plan.
The Health Agent noted that if he wished to withdraw the current application, the BOH's business with him was completed, but he had unfinished business with the Conservation Commission. Erik Mitchell added that it was possible for Seeger to withdraw his amendment from ConsCom and use the previously approved Order of Conditions.
Mr. Seeger agreed that he would go forward with the original Connelly plan and withdrew his proposal.
Variance requests--Garrison, 50 Cahoon Hollow Road, Assessor's Map #23, Parcel #601 and Pailler, 10 Bank Street, Assessor's Map #15, Parcel #84. These two hearings will be continued to a later date due to David Lajoie's illness.
Discussion of Proposed Regulatory Revision for Public Hearing of 2/26/03.
Definition of a bedroom clarified--Section 302. The Board turned to the 1/8/02 document prepared by Lezli Rowell for discussion of revision to the definition of bedroom; the complexity of defining a bedroom was noted, as was the pressure for having as many bedrooms as possible during the summer season for purposes of house sale or rental. Betty Kimball commended the addition of building code conforming egress to proceed "window" in 302(c). Ms. Beebe found some redundancy in part of the proposed addition; however, she noted that the concluding phrase, criteria will be applied in context of the vintage of construction, was helpful. Chair Breen suggested looking at bedroom definitions from other Cape towns; the Health Agent will bring
some to the Board. Betty Kimball moved and Chair Breen seconded to accept the amendment to Section 302 as proposed to be discussed at the public hearing. The motion passed, 3-0.
Requirement to connect to public water supply clarified--Section 508. The Board used the documents prepared by the Health Agent for this and succeeding discussion. Betty Kimball asked for some citation of authority to support the statement that groundwater contains substances injurious to human health; Ms. Beebe suggested deletion of the phrase in the judgement of the Board and the substitution of a more specific section on Cole's Neck (ATBS) to replace the final section of the regulation. Kimball moved and Zel Levin seconded that the Board go forward with the revised language for Section 508 as proposed to be discussed at the public hearing; the motion passed, 3-0.
Septic Inspection, clarifications and proposed revision--Section 603. The Health Agent explained the changes to the inspection regulations, most of which had already been discussed by the BOH. Betty Kimball moved and Zel Levin seconded that the Board accept the revised language for Section 603 as proposed to be discussed at the public hearing; the motion passed, 3-0.
Use of Nitrogen Reducing Systems, proposed revisions--Section 607(b). The Health Agent proposed an amendment to the end of part b, as determined hydrogeologically, and not estimated, if the BOH were to keep this section and not eliminate it altogether. Chair Breen stated objection to "hydrogeologically," noting that it was "mysterious stuff taken underground." Ms. Beebe noted that there was a need to be more precise if the Board was requiring Zone II, since putting people on IA was expensive and it was necessary to be certain that they needed it. Breen suggested continuing the discussion; Mrs. Kimball made the suggestion that George Heufelder might be able to give the BOH information on and language for 607(b); Ms. Beebe
concurred.
Requirement to record BOH approval of an alternative system on the deed at Barnstable County Registry--Proposed Section 607(d). There was agreement on this amendment to the regulations. Betty Kimball suggested that Town Counsel should be asked to look over the changes to the regulations before the Public Hearing; all agreed. Erik Mitchell suggested that members look at his copy of a CD on how to conduct a public hearing.
Design Flow calculations based on "upland"--Section 608 for public input. Noting that this offers a chance for public input on a regulation which already exists, the Health Agent suggested that fresh wetlands should be included in the language by the insertion of wetlands directly in front of coastal banks. Erik Mitchell added that an even more complete definition could be used (from Wetlands Protection Act). Kimball moved and Levin seconded that the Board of Health approve Section 608 as amended to be discussed at the Public Hearing; the motion passed, 3-0.
Upgrade Requirements specifically define "failed"systems--Proposed New Section 609. This section had been left out of the BOH packets; Ms. Beebe proposed to supply it to members for examination before the Public Hearing.
Nitrogen Sensitive Designation--Proposed New Section 610. The BOH examined the Health Agent's position paper Town of Wellfleet Nitrogen Loading Standard; the board commended the document. Zel Levin moved and Betty Kimball seconded approval of proposed New Section 610 to be discussed at the Public Hearing; the motion passed, 3-0.
Standards for new construction--Proposed New Section 611. This regulation reads No variances to Title 5 shall be allowed for new construction. Beebe noted that most people perceive this as already part of the regulations. Chair Breen moved and Betty Kimball seconded acceptance of Proposed New Section 611 to be discussed at the Public Hearing; the motion passed, 3-0.
Proposed Fees for partial septic inspections, reinspections, housing inspections. Ms Beebe stated that these fees, while not charged at present, might help in taking care of multiple inspections. She added that she has been asked by the Selectmen to look at departmental fees, that it was suggested that she double the price for new house inspection (from $75 to $150), and that housing inspections take a lot of time. She will provide information on proposed new fees in a packet for the Board.
Minutes of January 22, 2003. Zel Levin moved and David Breen seconded that the BOH approve the minutes of 1/22/03 as amended. Passed, 3-0.
Proposed Warrant Article re: Potassium Iodide Stockpiling and Distribution. Ms. Beebe explained the use of potassium iodide and the necessity for the warrant article to authorize its acceptance, development and distribution of educational materials to apprize the public of its use, and its storage and distribution by the Town of Wellfleet. Discussion touched upon the need for the Wellfleet Civil Defense program to become involved in the process; Ms. Beebe planned to follow up on this concern.
Other Business:
Signing of licenses and permits (see list below)
2/3/03 letter from Steven E. Phillips re: Dr. and Mrs. Ray Koff, Bayberry Lane; the Koffs have agreed to one condition proposed by the BOH on 9/25/02 but not the other. Ms. Beebe suggested that the Koffs should be scheduled for a future BOH meeting.
Comments from Board members:
David Breen asked concerning the progress in sending off water samples to three different labs for analysis, noted the memo on the 30 to 60 minute percolation rate from Alan D. Slater of the Mass DEP, and asked for BOH input on his draft memo to hydrogeologists and sanitarians.
Betty Kimball noted that animal permitting will come up in March and suggested a speaker be scheduled for that meeting. She also suggested discussion of the January joint board meeting and asked about the situation of BFI. The Health Agent informed the Board that she and DPW Director Mark Vincent have met with BFI and also with Don Horton, who has been tipping out-of-town garbage.
The meeting was adjourned at 9:40 p.m.
Respectfully submitted,
___________________________________
Frances J. Castillo, Assistant to the Committee Secretary
Licenses and Permits Signed
A & B Canco
Randy Williams d/b/a The Juice Gallery
Cappello's Cape Cod Country Store
Bayside Lobster Hutt, Inc.
Bayside Lobster Hutt d/b/a Just Desserts
Between the Tides
The Wellfleet Historical Society
Harborside Village Condominium Cooperative
Robert Walters Septic service -- disposal works permit
Robert L. Paine -- disposal works permit
Brady Construction Company -- disposal works permit
Iocaste, Inc. d/b/a Serena's Restaurant
Donald Horton d/b/a Cape Cod Disposal Service
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