Wellfleet Board of Health
Minutes of Meeting of April 23, 2003
Senior Center, Long Pond Room
Present: Chair David Breen; Betty Kimball, Lezli Rowell, Kenneth Granlund, Jr.; Health Agent Emily Beebe
Chair Breen convened the meeting at 7:00 p.m., expressing his regret at the resignation from the Board of Zel Levin for health reasons.
Minutes:
Minutes of 2/26/03--After discussion, Betty Kimball moved and Lezli Rowell seconded the approval of the 2/26 minutes as amended. The motion carried, 3-0-1 (Ken Granlund abstaining).
Minutes of 3/12/03--Lezli Rowell moved and Betty Kimball seconded the approval of the 3/12 minutes as amended. The motion carried, 3-0-1 (Granlund).
Minutes of 3/19--Betty Kimball moved and David Breen seconded the approval of the 3/19/03 minutes. The motion carried, 2-0-2 (Granlund, Rowell).
Minutes of 3/26/03--Lezli Rowell moved and Betty Kimball seconded the approval of the 3/26 minutes as amended. The motion carried, 3-0-1 (Grandlund).
Minutes of 4/9/03--Lezli Rowell moved and Ken Granlund seconded the approval of the 4/9 minutes as amended. The motion carried, 3-0-1 (Breen).
Chair Breen requested a glossary of terms to the acronyms contained in the minutes.
Plan Review: Brownies Cabins
Suzanne and Dan Calota re: proposed addition to Cabin #7. The Calotas returned to the Board of Health regarding a misunderstanding of exactly what the BOH had approved for their proposed addition to #7 (see minutes of 1/22/03). Mrs. Calota, referring to the memo of approval from the BOH to the ZBA (1/23/03) and the stamped plans from the ZBA (3/27/03), noted that when their contractor, John Newman, went to the Health Agent to get these plans stamped, she indicated that the addition to #7 needed to be cut in half. The confusion stemmed from the fact that the Calotas believed that the BOH had approved the plan for an 18' by 20' addition while the Health Agent felt that what the BOH had approved was an addition limiting the structure to the 250 square feet
minimum standard for habitation in accordance with the housing code, CMR 410.400. After a review of the history of the unit, Mrs. Calota noted "two dilemmas": the Calotas needed the plan for the 18.20 by 20 foot addition stamped and the BOH needed to make a decision on whether the addition that the Calotas had proposed was what it had approved. Discussion followed:
Rowell contended that the BOH's purview was for adequacy of septic system and well and conformity to the state sanitary code but not for size of structure. She stated that the motion was not a limitation to 250 square feet, that caution as to size should be left to the ZBA, and that it would be improper for this Board to overturn a ZBA decision based on lot coverage and footprint. She moved: "The BOH supports the granting of Special Permit by the Zoning Board of Appeals on 3/27/03 for any habitable area of at least 250 square feet provided that cabin/condos #4, #7, and #8 are to remain one bedroom/two occupant units." The motion was later seconded by David Breen.
Breen noted that Brownies Cabins was an unusual situation--little ground with lots of cabins.
The Health Agent pointed out that Brownies' grandfathered water supply only allowed a little bit of "wiggle room" from the standpoint of expansion of units. Brownies has received a Notice of Noncompliance from the DEP (3/3/03) with which the condominium trust will have to deal. Beebe also noted the limitations of the septic plans, but stated that her concerns here were about water.
Rowell contended that it was not legal to disapprove what the BOH and another board had already approved.
The vote was called; the motion carried, 3-0-1 (Kimball abstained because she had not been in attendance during the original discussion or at the site visit.)
Rowell proposed a motion to support the applicants in their response to the Notice of Noncompliance (NON) from the DEP: "Water withdrawals in existence between 1981 and 1985 are not subject to Water Management Act permit requirements, and as such the PWS of Brownies Cabin Condominiums is recognized as a grandfathered supply well serving a use that the BOH permitted for condo conversion (2/28/01) and condo unit upgrade renovations per the Sanitary Code (1/9/03) that do not increase water usage to the non-conforming public water supply system, as the facility continues to operate on a seasonal basis. Although wellhead protection standards for new development do not apply, the BOH condition against the use of contaminant leaching CCA lumber has been imposed as a
construction performance standard, and there is benefit in the district 15% lot coverage objective and local permitting process governance on that lot coverage allowance." Granlund seconded for discussion purposes.
To Rowell's analogy of this situation to Evelyn Paine's condo conversion of Pilgrim Springs cottages, the Health Agent replied that they do not compare and that Brownies proposes to increase its season.
The Health Agent noted that she wished to go on record as recommending to the Board that they think carefully about sending a "letter of defiance" to the DEP.
David Breen asked what the DEP's position would be in reference to Brownies' NON; the Health Agent replied that it would consider the extension of the season and the transition from non-community transients to non-community residents, both changes in use.
Rowell stated that the issue was clear, that the Health Agent could sign off on the Calota's plans and that the Calotas could deal with their NON. She remarked that it seemed that correspondence with DEP always correlated with the Health Agent's disagreement with the Board; Ms. Beebe requested that this comment go into the record.
Mr. Calota suggested that a change could be made to his plans; Rowell stated that the plans marked "Approved" were the ones to be permitted.
Ken Granlund noted that a letter to the DEP containing the above statement might not be helpful to the Calotas. Rowell withdrew her motion; Granlund withdrew his second.
Carol and Jim Kenney re: proposed addition to Cabin #1. Mr. Kenney distributed a sketch of Cabin #1, which he described as a 2-bedroom cabin with an enclosed porch; the Kenneys proposed to lengthen the porch by 8 feet and extend the back of the cabin by 4 feet. The Health Agent pointed out that the septic plan, the condominium floor plan, and all documents in file indicated that this structure was a 1-bedroom cottage, not a 2-bedroom as the applicants believed. Discussion covered the following points:
the importance of not increasing the structure's design flow, which would require a septic system upgrade that would perhaps not be possible
the applicability of the DEP Notice of Noncompliance?
the desire of both the BOH and the condo association to avoid a change in the septic system
The Health Agent recommended that the Board go no further with this proposal until the situation with the DEP was resolved; it was the consensus of the Board that the request would be denied at this point. No action was taken on the matter.
Variance Request: Philbin, 235 Cove View Road, Assessor's Map #29, Parcel # 96. Mr. Philbin, the property owner, and Hollister Siegmund, representing Singulair, attended the meeting. The proposed plan from Ryder and Wilcox Engineering requested BOH approval to utilize 660 gallons per day technology for "nitrogen credit" in accordance with Title 5 regulations for a 4-bedroom dwelling on an existing 27,135 square foot lot. The plan, using the piloting technology of a Singulair Model 960 System for 660 gallons per day (which must be provided with a backup system), will need to gain approval from the DEP in Boston after receiving BOH approval.
Mr. Philbin related to the BOH the background of the lot and of his family's tenure of time in Wellfleet.
Hollister Siegmund explained the designation of the piloting technology system and the Singulair system; the following points were made:
the technology depends on extended aeration
the system is a unit of concrete of which the only moving part is the aerated motor
the system is gravity fed
the filter is cleaned twice a year
reports of site visits, inspections, repairs are provided to the Health office
it is not a new technology, just new to this part of the country
none of these systems has yet been seen to fail under the provisional use category; however, their performance depends upon what the system is fed (e.g., the use of antibacterial soap kills the bacteria in the system)--and not meeting requirements is not failure of the system
units in seasonal use are slow to start up; changing aeration times helps the problem.
Discussion followed of the backup system which could be used to replace the Singulair if it lost DEP approval; Siegmund did not consider the Ruck system effective; the Health Agent discussed Nitrex and noted that the BOH might want to sustitute the words "an appropriate technology" for the Bioclere system called for the on a plan note on page 2.
Lezli Rowell, noting that no variances were requested, moved to approve the Ryder and Wilcox plan, as revised February 26, 2003, for an on-site sewage treatment and disposal system (Singulaire 960N) for the Philbin property, under piloting use approval category for nitrogen credit rated for 660 gallons per day. The system would perform for a 440 gallon per day design flow. Approval is subject to the following conditions:
a 3-year operation and maintenance contract with documentation of contract copied to the Health Department
performance monitoring, in accordance with parameters established by the DEP, to occur quarterly for 3 years with results copied to the Health Department
revised plan dated April 24, 2003 reflecting a change in construction note: "appropriate technology" instead of Bioclere as to replacement technology
all conditions to be deed recorded, and a copy of the recording instrument sent to the Health Department
plan approval subject to DEP approval.
Betty Kimball seconded. After succeeding discussion of seasonal use efficiency of such systems and the lack of other systems developed for 660 GPD, the Chair called for the vote. The motion carried, 4-0.
Condominiumization Request: Kraft, 11 West Main Street, Assessor's Map #14, Parcel #145. Attorney James Falla represented Dr. Alfred R. Kraft, the owner of an 1850-vintage residence on West Main Street with a barn in retail use; the owner requested permission to convert the property to condominium form of ownership with no change in use contemplated. Falla explained that he was presenting this four-bedroom property (with a five-bedroom design flow) to the BOH for a change in ownership only and no changes in structures, etc.
The Health Agent reported that the septic system had passed inspection on 3/14/03 and that Bobby Waters had gone over the system for the whole area thoroughly.
Discussion followed concerning the method of adding into the 5-bedroom design flow additional flow for the gallery and studios; it was noted that under the old code (designed and approved in 1988) the breakdown was 153 gallons per day for retail space. It was determined that the total of studio, gallery and retail space totaled 2588 square feet and 703 gallons per day.
Discussion ensued of possible use of chemicals in the pottery. A clay trap was suggested for the pottery drain. Falla noted that the pottery was a pre-existing condition; he did not want to jeopardize its status. The Health Agent suggested an inspection of the pottery and obtaining language from Barnstable County for conditioning of the deed.
Lezli Rowell moved Board of Health approval for the requested condominium conversion, with the following conditions:
there should be no increase in septic design flow
best wastewater management practices for pottery and art design should be employed.
Betty Kimball seconded the motion, which carried, 4-0.
Discussion: Criteria for Evaluation of Town-Owned Property. The Board returned to discussion of the Health Agent's memo (4/3/03) on evaluation criteria for town-owned property (see minutes of April 9, 2003). Ms. Beebe reiterated the necessity for establishment of a process to replace the existing and generally random procedures; Boards with specific experience could establish criteria concerning what needed to be considered when looking at a specific property. She added that the process of buying open space and putting houses on it was unique to Wellfleet.
Betty Kimball suggested several additions to the memo: asking the purpose the land would serve, noting that developers and residents were not comfortable with shared wells and septic, and adding or existing to "future wellhead protection".
David Breen supported the idea of establishing criteria but not of trying to quantify it with scoring, which the Health Agent agreed was too subjective.
Lezli Rowell added that the kind of area for shared septic and well should be established and that some kind of template to the assessor's series of maps would be helpful.
Eleanor Hazen's comment from April 9 was recalled; she had suggested determining market value of the property under study.
Nitrogen Sensitive Location. Lezli Rowell distributed a document (see attachment) dealing with a possible nitrogen sensitive designation for the Central District. She suggested a possible regulation which would prohibit an increase in bedrooms for those hooked up to a Public Water Supply if this would create new variances. Chair Breen suggested that the Health Agent place consideration of this topic on a future agenda.
Memorandum from WIAC (4/8/03). The Health Agent discussed a memorandum from the Water Issues Advisory Committee which concerned a nitrogen-loading issue, looking at flow with the understanding that the lots (named on the memo) on the Cole's Neck system abut wells.
Town Meeting Warrant Recommendations. The Board considered its recommendation of Articles 31-36, Housing Authority (petitioned)-and BOS-sponsored articles on three different parcels of land, on which it had earlier reserved recommendation (see minutes of March 19, 2003). The Health Agent recommended that the Board not approve these housing articles until plans for their use were advanced; she noted her issues with the Gull Pond site: very steep access, difficult building site. It was noted that only the two articles on the Gull Pond Site would probably be voted upon at Town Meeting (the others were slated to be withdrawn). Lezli Rowell moved that the Board of Health not recommend Articles 31 - 36; Ken Granlund seconded; the motion passed, 4-0. David
Breen will speak for the BOH at Town Meeting.
Licenses. The Board signed business licenses for the following:
Massasoit Hills Trailer Park--Harry Parkington
Yak Arts d/b/a The News Agent
John T. Blute, Funeral Director
Marconi Beach Restaurant--Russell Swart
Frank Cain d/b/a Uncle Frank's
Wellfleet Harbor Actors' Theater, Inc.
Harborside Village Cooperative Corporation
Lezli Rowell moved and David Breen seconded that the meeting adjourned; the meeting closed at 10:10 p.m.
Respectfully submitted,
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