Wellfleet Board of Health
Wellfleet Board of Selectmen Acting as Water Commission
Minutes of Joint Meeting of April 9, 2003
Senior Center, Long Pond Room
Present: Board of Health--Betty Kimball, Acting Chair; Lezli Rowell,
Ken Granlund, Jr.; Emily Beebe, Health Agent, Erik Mitchell,
Assistant Health Agent
Excused: David Breen, Zel Levin
Acting Chair Betty Kimball convened the regular meeting of the Board of Health at 6:00 p.m., stating that this meeting would be interrupted by the Joint Meeting with the Water Commissioners from 6:30 to 8:00 p.m., after which the regular meeting would resume. Kimball welcomed new Board of Health member Kenneth Granlund, Jr. to the Board.
Minutes of 2/26/03, 3/12/03, 3/19/03 and 3/26/03. Because of absences of two Board members, resulting in a loss of quorum of those present at the above meetings, the Board postponed consideration of the above-cited minutes until the meeting of 4/23.
Application of Section 508, Wellfleet BOH Regulations. Lezli Rowell read aloud Regulation 508. She then read her proposed policy (explaining that it would be "hinged to" the regulation) for the ATBS for the Cole's Neck Water supply, enumerating the lots to be served; she added that several lots listed needed verification.
Ben Gitlow of the WIAC noted that Lot 25 had been subdivided into 25.1.
Rowell disagreed with the Health Agent's memo to the Board (4/2/03), which states that the proposal to name the ATBS exceeds BOH jurisdiction. Included among her reasons for the proposal was that "Boards of Health reserve statutory powers to develop, implement and enforce health policies" and that groundwater from the landfill provides substances injurious to human health of the community, in regard to which the Board has the responsibility of protecting the Public Water Supply availability for the Cole's Neck service area. She concluded by asking that the BOH adopt this policy and that the Water Commissioners consider adopting it as a regulation through a public hearing.
Health Agent Beebe noted that to add a policy to delineate 508's application made a lot of sense and that the reason for the ATBS delineation was to protect against groundwater contaminants; however, she contended that the proposed policy went beyond the scope of Regulation 508 by naming the Administrative Consent Order town facilities not impacted by the area of the landfill, exceeded the jurisdiction of the Board of Health, and was at cross-purposes with existing state laws. She added that the BOH members were not Water Commissioners, that the purpose of 508 was to prohibit private wells which would perhaps be contaminated, and that the BOH should stick with the reasons 508 was written.
The audience participated in the discussion which followed:
In response to a question from the audience on whether this proposal was one the Water Commissioners could put through, Betty Kimball replied that this would be a decision for Jerry Houk and the Water Commissioners.
Ben Gitlow noted that town-owned Lots 24 and 28 were not included in Rowell's list, presumably because they were not buildable.
Helen Wilson stated that she agreed with the Health Agent's comment on jurisdiction; however, she felt that in reference to 508 a clear delineation of lots was needed and should be listed wherever possible.
Ben Gitlow felt that there should be one listing of the ATBS, that the Board should come together with the Water Commissioners so that the two lists were consistent.
Betty Kimball, noting that 2 BOH members were missing from this meeting, stated that she was not in favor of taking action on this policy at this time. Also, having seen the receipt of conditions from the DEP on the Water Management Plan, she agreed with Gitlow that consistency was important here.
Lezli Rowell moved and Ken Granlund seconded that the Board table the proposal to be considered at a later time. The motion carried, 3-0.
OLD BUSINESS:
Stable Permits. The Health Agent turned to the question of Judy Tesson's stable, citing the minutes of 10/23/03, in which the Board had voted to continue the permit, to pursue best management practices through a presentation by Bill Clark of Mass Extension, to keep abutters advised of progress, and to review the permit at the end of March 2003. Ms. Beebe stated that she had scheduled a meeting with Bill Clark for next Tuesday; she invited the Board to attend this best management practices discussion.
Betty Kimball recalled that all stable owners were supposed to attend the meeting which featured Mr. Clark's presentation; Beebe replied that Clark had suggested a preliminary meeting in order to choose materials for his possible presentation at a later date. She asked that Board to grant a 6-8 week extension to the Tesson review period.
Lezli Rowell, ascertaining that there had been no further complaints from abutters, moved that the Board grant an 8-week extension for the Tesson stable permit. Granlund seconded; the motion passed, 3-0.
Betty Kimball announced that the Board of Health would recess in order to meet jointly with the Board of Selectmen as the Water Commission, after the Selectmen had held a short business meeting.
Wellfleet Board of Selectmen/Water Commissioners
Present: Board of Selectmen: Roger Putnam, Jerry Houk, Dale Donovan,
Michael May, Michael Parlante; Tim Smith, Town Administrator
The short business meeting was convened at 6:30 p.m. Dale Donovan moved and Michael May seconded the approval of seasonal liquor licenses for the following: Rookies, Inc., Chequessett Yacht & Country Club, Inc., Flying Fish Café, Eric's Seafood Restaurant, Inc., Captain Higgins' Seafood Restaurant, Inc., Joseph Lema & Son, Inc., Serena's Restaurant. Michael Parlante disclosed that he was a member of a corporation with a liquor license. The motion carried, 5-0. Donovan moved and May seconded adjournment; the business meeting adjourned at 6:32 p.m.
Board of Water Commissioners. Chairman Jerry Houk called the joint meeting to order, noting that septic system variance denials had been received from the DEP for Roger Cachiotti (who was represented at the meeting by engineer John O'Reilly of Bennett and O'Reilly) and for Trevor and Kathleen Glucksman. Both properties, located within the Zone 1 of 2 public water supplies, were denied variances for reduced setbacks "until the applicant has secured a decision from the Town of Wellfleet as to whether the Town will allow all water supplies, both public and private, affected by the location of the SAS to connect to the proposed municipal water supply system currently scheduled for construction in October, 2003." (DEP letters to Glucksman, March 17, and Cachiotti, February 26)
Health Agent Beebe noted that the meeting had been called to discuss the two letters within the time frame allowed by the state to the property owners to address deficiencies (60 days from date of letter) or to request a hearing to appeal the decision of the DEP (30 days from date of letter).
Jerry Houk inquired about the circumstances on the Cachiotti case; the Health Agent replied that Cachiotti must upgrade pursuant to transfer of title, adding that the local BOH regulation requires this upgrade within 6 months and that the Glucksman upgrade is voluntary.
To Houk's question concerning what would happen if the Water Commissioners denied the hookup, Beebe answered that perhaps a tight tank could be used; however, she referenced the DEP denial of this use in a system recently proposed by Puritan Clothing on Main Street.
Lezli Rowell noted that the DEP letter stated that the applicants could request a hearing to appeal the variance denials and suggested that the BOH could give them a strong motion to take with them if they pursued due process.
Dale Donovan asked how the DEP proposed that Cachiotti would get the named private property owners to request a public water supply hook-up; he added that the Water Commissioners could give a blanket denial to all private homeowners to hook up. John O'Reilly countered that if this denial was made, then Mr. Cachiotti could go back to the state DEP with this decision.
Chair Houk agreed with Donovan, stating that the town had voted for a water system for municipal buildings and that the Commission should respect the wishes of the town.
Roger Putnam said that he agreed with WIAC's recommendation to give the system as planned a year to ascertain how much water is available; Mike May concurred.
Lezli Rowell felt that the Board should not be reactive, that these were two unfortunate denials but that it is unprecedented that a maximum feasible compliance system be denied by the DEP.
Ben Gitlow, speaking to the history of the Cole's Neck regulations, noted that the town was obligated to reserve enough water for 46-48 lots in the area to be served, that there are currently still 11 undeveloped lots, and that at present time approximately 7000 gallons are available between peak usage and the 20,000 gallons/day ceiling mandated by the DEP to serve the Administrative Consent Order facilities with. Therefore, he advised waiting a year to examine the reserve.
To Roger Putnam's question on whether these figures were based on average usage, Helen Wilson replied that they considered peak usage to avoid "maxing out" the well and warned that if a redundant well were requested by the DEP, the old well could not provide backup for larger usage.
Putnam suggested denying the suggested request for hook-up and determining a one-year respite from hookup requests.
Dale Donovan put forward a motion that the Cole's Neck Extension, the proposed system beginning construction in October, be exclusively for town-owned public buildings as per DEP memo of March 20 restricting to 20,000 gallons per day.
Michael May asked Paul Gabriel of Environmental Partners if he, hypothetically, could hook up if a system containing adequate water for additional hook-ups ran by his home. Gabriel stated this was possible and, in discussing the matter, noted that the state might be flexible in terms of the 20,000-gallon limit.
Jean Schaefer noted that WIAC recommended that only three places (marina, DPW, and library) be hooked up to the system and inquired what would be done for hookups to other public buildings.
Donovan stated that his motion concerned only the two properties denied variance by the DEP and that after this, the Town had to address further expansions, having an obligation to make sure the October project was only for public buildings and also having an obligation to begin planning in a timely way for the Town's benefit.
To Jean Schaefer's question about why the two property owners' names were not specified in the motion, Donovan replied that neither Cachiotti nor Glucksman have asked to hook up and that the Commissioners could not deny a request which they have not received.
Ben Gitlow asked information of Paul Gabriel regarding plans for the municipal system, noting that it appeared from the DEP letter as if only three buildings were being considered, not including Town Hall, and it looked to WIAC as if the DEP would be requiring more water systems for the Town.
Lezli Rowell asked if an estimation of well use could be derived from Title 5 design flows.
Erik Mitchell, the Assistant Health Agent, answered in the affirmative Mike May's question regarding the possibility of hook-up to a water system running adjacent to his house. Mitchell cited case law (Clark vs. Water and Sewer Commissioners of Norwood), noting that this case established that May could hook up to his hypothetical system if capacity allowed it.
Helen Wilson noted that Town Meeting had voted to serve municipal systems but that the marina system includes private hook-ups; her impression was that the marina system would be relieved of the public buildings.
Dale Donovan replied that the Administrative Consent Order says the Town shall supply the DPW, the library, the marina, and any other non-conforming municipal building.
A question was posed from the audience as to whether a motion could be made to hold off from any hook-ups for a year, as suggested by Roger Putnam and the WIAC.
Betty Kimball noted that the Water System Management Plan has to be reviewed and approved by the DEP.
Chair Houk stated that articles for a sewer system and a water system had been taken to Town Meeting and voted down and that the Commissioners were not dealing with these topics at this meeting.
Lezli Rowell supported Donovan's motion as an interim step that might prevent applications for hookups from private properties.
Roger Putnam seconded Donovan's motion, taking the opportunity to clarify the marina water system by explaining that there are actually two systems: the system existing for wash-down and drawing its water from the Holbrook Avenue well and the system for potable water drawing from Cole's Neck.
Donovan amended his motion: …be exclusively for public buildings and the marina water system.
Rowell pointed out that the boldface explanation in the 10/22/01 Town Meeting Warrant mentions all public buildings and the impression of the voters did not include service to private restaurants.
John O'Reilly asked if the motion on the table would be exclusive to 180 Commercial Street or be a blanket motion? Donovan replied that when the motion was completed, it would be a blanket motion.
Health Agent Beebe inquired of Chair Houk if other requests for private hook-ups had been received and was answered affirmatively.
Ben Gitlow noted that for a long time, the Water Commissioners have insisted, regarding the marina, that non-municipal services remain served by the Holbrook Avenue well. He added that he felt the Commissioners should not delay action on the motion.
Houk wondered whether hooking up to those private entities in the marina system would open up the municipal system to other private entities.
Tim Smith stated that the Water Commissioners have no mechanism to develop a process with respect to capacity; he proposed that a motion be made to prevent hook-ups until such a mechanism is achieved.
Tom Flynn agreed, adding that such a motion should have a "sunset date."
Paul Gabriel discussed the DEP policy of the Administrative Consent Order, the possible "flexibility" which might be extended regarding the 20,000 gallons/day regulations, and the question of whether this was measured by considering "maximum days" or by averaging.
Helen Wilson, having done a quick calculation based on meter records of water use, noted that a rough daily use including the four properties (Town Hall, Library, DPW, and Marina) was approximately 2300 gallons/day, while without the four marina buildings it was 2100. Lezli Rowell noted that the numbers were close with the inclusion of the private marina members and cautioned against private users.
Donovan completed the formulation of his motion and moved that the Cole's Neck Water Main Extension be used for connections to town-owned buildings and the marina area water system. Roger Putnam seconded.
Helen Wilson stated that she perceived Donovan committing to four private hook-ups which was not what the town had voted for; Donovan replied that it had voted for a "municipal public water system."
Ashley Fawkes-Sylver, from the audience, contended that she had interpreted the boldface explanation from the Town Meeting Warrant to mean "municipal buildings" and asked: "Am I going to wake up some day and have no water come out?"
The vote was called; the motion carried, 4-0-1 (Parlante abstaining).
Dorothy Dolan commented that the water question had now come complete circle from "no problem in the Central District" to isolated problems.
Mac Hay, owner of Mac's Seafood, discussed his water problems, reminding the meeting that his restaurant (as well as Captain Higgins) had received deed rights to the marina system. He added that he needs potable water, whatever the source, and would prefer a year-round source.
Lezli Rowell distributed to the Commissioners a document containing two sets of motions that she proposed the BOH adopt; she suggested that the BOS/Water Commissioners might do likewise. Michael Parlante, noting that he needed time to study the motions, suggested that these be acted upon at a later time. Chair Jerry Houk agreed that they should be taken up at another Water Commission meeting.
Dale Donovan moved that the Town Administrator work with Environmental Partners on a master plan concerning elements which have been discussed regarding water and waste water in order to meet DEP requirements of the Administrative Consent Order. Michael Parlante seconded.
Ben Gitlow explained how WIAC had arrived at its water figures, which come close to exceeding the 20,000 gal/day unless the DEP will consider a yearly average.
Helen Wilson asked if Donovan's suggestion would fall within the scope of the current payment and whether it might not be a good idea to include in the contract the statement that the consultant would not do the engineering work.
Tim Smith stated that about $240,000 was left out of $1.4 million of the contract.
Donovan stated that his motion was to use the existing consulting firm, which does not do the engineering.
The motion carried, 5-0.
A Cole's Neck resident inquired about how the Town's connection to the Cole's Neck Water System would affect him, wondering about water quality, etc. Health Agent Beebe stated that the Town's connection would produce benefits to the existing system as to pressure, reduction of iron content, etc. Paul Gabriel added that the plan would replace pressure-speed pumps with variable-speed pumps and replace the control system with one which runs on radio signals.
Chair Houk questioned whether the private properties should remain in the marina water system; Gabriel responded that if they were left off, they would be on the system that DEP was targeting in the first place. Ben Gitlow added that if it were committed to two restaurants and two other private properties, then the Town would need a new well. He asked when the town would see an amended Consent Order; Gabriel replied that it would be soon.
Roger Putnam moved and Dale Donovan seconded the adjournment of the Board of Water Commissioners. The Board adjourned at 8:15 p.m.
Continuation of Board of Health Meeting, 8:20 p.m.
Variance Request: Abbott, 31 Chequessett Neck Road, Assessor's Map #14, Parcel #126, upgrade of septic system for three-bedroom dwelling. Alan Cabral of Felco Engineering was present to explain this request for variance to soil percolation testing procedures and policy. Lezli Rowell read into the record the Felco letter of 3/26/03. Cabral noted that this system meets all dimensional and setback requirements; the variance is requested for an alternative to perc test policy. Trying to conduct a perc test, Felco engineers had found the soil unusable except under 9 feet. They chose to investigate further back on the hill, did additional soil testing in that area and found suitable soil at a suitable depth. He added that the system would be a bit larger due to the Class II leach
field bottom area calculation figure of .56 than with a Class I medium sand.
Health Agent Beebe explained the perc testing from her experience, concluding that, based on sieve analysis, this was the only solution.
Cabral noted that DEP approval would be necessary.
Beebe asked that a note be placed on the plan verifying the soil analysis; she recommended the plan to the Board.
Cabral added that the soil would be removed to the depth of suitable soil and replaced with clean medium sand.
Ken Granlund gave his approval to the plan; Betty Kimball suggested that the variance letter needed clarification for the benefit of the abutters.
Lezli Rowell moved and Ken Granlund seconded that the Board approve Felco Engineering Plan #01088, as revised 4/5/03, and to grant one variance requested in the letter from Felco Engineering, dated 3/16/03, for the upgrade of the septic system on the property, subject to the following conditions:
Construction notes shall be followed precisely.
Approval for the plan shall be obtained from the DEP
There is to be no increase in design flow on the property.
This restriction is to be recorded against the deed for the property at the Registry in Barnstable.
Ashley Fawkes-Sylver inquired what would happen to the proposal at the DEP level; Cabral replied that with BOH approval, he expected the DEP to approve.
The motion carried unanimously, 3-0.
OLD BUSINESS:
Blue Willow, @South Wellfleet Post Office/Seaside Liquor Store, revisitation of water quality questions. (See minutes of 1/9/02) Health Agent Beebe reported on the progress of Lisa Whelan's water quality at the Blue Willow. Whelan has been using the high temp dishwasher and bottled water; the results of her water quality testing have been consistent: 15 parts sodium, 3.77 nitrates. Ms. Whelan's concern is with the BOH's condition of the continuing use of bottled water.
Lezli Rowell (noting the water quality testing record and the use of the high temp dishwasher) moved that that the Board of Health allow Whelan to discontinue the use of bottled water, continuing the condition of quarterly water testing with results copied to the Health Department. Ken Granlund seconded. The motion passed, 3-0.
The Board agreed that it would see Ms. Whelan concerning the water problem on an annual basis.
Rowell's Motions on Cachiotti and Glucksman. Lezli Rowell proposed that the Board consider approving her proposed motions on Cachiotti and Glucksman (see attachment) in order to support the applicants' request of adjudicatory hearing, if same were requested. Rowell noted that the motions were a summation from minutes of the BOH's original reasons for approval of the Cachiotti and Glucksman proposals; she then moved that the BOH adopt them. Ken Granlund seconded.
Erik Mitchell noted that if the owners were to appeal to DEP they would be able to take these reflections of the BOH minutes with them. The Health Agent Beebe felt this might be helpful.
The motion went to a vote and carried unanimously, 3-0.
Development of Criteria for Evaluation Town-Owned Land. The Board turned to a memo from the Health Agent (4/3/03)--Draft of Criteria for Evaluating Town-owned Property--which Ms. Beebe explained was based on Open Space criteria, containing categories to prompt discussion. Since the BOH will need to make recommendations on Town Meeting floor on the Housing Authority articles, it will need such criteria to apply in reaching a decision.
Lezli Rowell suggested two additional criteria: the possiblity of siting (1) cluster septic system, if there is areas sufficient to site a 6-bedroom design flow leach area, and (2) cluster well if there is area sufficient to site a compliant 100 foot Zone I well.
Eleanor Hazen voiced her hope that undersized (unbuildable) lots would never be used for development but hopefully for the benefit of the Town.
Helen Wilson noted that John Higgins had remarked on cluster systems that people did not mind sharing leach fields but had problems with other elements. She stated that she hoped that there would be only one Housing Authority article, that on the Gull Pond Lot, rather than the three previously proposed.
Rowell wondered if the HA would agree to a condition that a well be developed on the lot to include potential service of a renovated or expanded public safety facility if the need to the Town existed. Wilson replied that there was not enough room for a well radius and any other structures on the lot, only space for a compliant well for planned development.
Health Agent Beebe proposed scheduling a site visit to the Gull Pond site in order to consider the criteria listed in the memo and to have an informed decision ready for Town Meeting vote. To a question from Berry Kimball on how these criteria would be played into what the BOH will do, Beebe answered that they would help avoid a "land shopping spree" in evaluating town-owned property and that they would be used across the board in making standardized decisions.
Wilson read aloud the WIAC criteria to the Board.
The Health Agent added that another criterion should ask the proposed use of the property.
Eleanor Hazen suggested bringing in a realtor or assessor to get a property value on the parcel.
Further discussion of criteria was proposed for the agenda of the April 23rd meeting.
Ken Granlund moved and Betty Kimball seconded adjournment; the meeting closed at 9:15 p.m.
Respectfully submitted,
________________________________
Frances J. Castillo, Assistant to the Committee Secretary
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