Wellfleet Board of Health
Minutes of Meeting of June 25, 2003
Senior Center, Long Pond Room
Present: Betty Kimball, Acting Chair; Lezli Rowell, Anne White, Richard Willecke; Emily Beebe, Health Agent, Erik Mitchell, Assistant Health
Agent
Excused: Ken Granlund, Jr.
Betty Kimball called the meeting to order at 7:00 p.m.
Minutes of June 11, 2003. Lezli Rowell moved that the minutes of 6/11 be accepted as presented; Richard Willecke seconded; the motion carried, 4-0.
Stable and Animal Permit Application: Jim and Mary Willis, 90 Howes Road, Assessor's Map #29, Parcel #270. Mary Willis presented the application to the BOH.
Health Agent Beebe noted that this application (to keep 2 horses and 5 goats on ¾ acres on Howes Road) presented no variance requests. Ms. Beebe distributed a copy of the site plan, a water quality test on the Willis well, a copy of a letter of complaint from the abutter on Parcel 262, and a water quality test for Parcel 262. Beebe and Mitchell had inspected the stable and noted that the paddock is located over the septic system. Discussion points follow:
A drop-off in elevation exists from the locus well to the paddock area
The nitrate count from the well of the abutter on Parcel 262 (complaint letter) is at 1.4 mg/L.
Approval granted by BOH is for public health issues management and should be contingent on ZBA's approval of a special permit as required.
The ZBA has not issued use permits for any of the three Howes Road stables.
BOH approval could be conditioned on a formally submitted manure management plan.
Issues raised by the Parcel 262 abutter should be addressed in a letter.
The manure management plan shall include a concrete slab constructed by Jim Willis; it was noted that he should avoid variances which might be needed for construction of a slab within the setbacks. A tarp was suggested for use until the slab was completed.
Lezli Rowell moved to approve the stable plan and application for a Farm Animal Permit with the following conditions:
A manure management plan shall be submitted to the Health Department
In the interim, best management practices shall be followed for manure management
BOH approval is contingent upon the Willises receiving a permit from the Wellfleet ZBA.
Rowell noted supporting findings that the paddock and manure areas are 100 feet from locus wells, that they do not impinge upon neighboring wells, and that the water quality of the locus well is quite good at 1.6 mg/L. Willecke seconded the motion, which carried, 4-0.
Rowell moved that the Health Agent address a letter to the abutter of Parcel #262 concerning the well water quality in the neighborhood. Anne White seconded; the motion carried, 4-0. Rowell noted that two other cases of animal permitting are outstanding and need to come back before the Board for re-evaluation.
Variance Requests:
Downs, 15 Briar Lane, Assessor's Map #14, Parcel #27. A faxed request for continuance of this hearing to 7/9/03 (already continued from 6/ll, 5/14, and 3/12) was read. Mr. Rose, an interested abutter, noted the multiple continuances; he added that he had cancelled part of a trip to attend this hearing because he would have objections to the proposed plan if the septic system was located less than 100 feet from his property. Lezli Rowell suggested making it clear to the engineer that this should be the last continuance; the Board apologized to Mr. Rose for his inconvenience. Rowell moved and Willecke seconded the continuance of the Downs hearing to 7/9/03. Carried, 4-0.
Lemmon, 241 Main Street, Assessor's Map #15, Parcel #61. Albion Rich presented this request for a variance necessary because of the proposed installation of a foundation under the rear of the structure, making the previously installed septic system less than 20 feet from the new foundation, creating a new variance. Mr. Rich proposed installing a polyvinyl barrier to the building foundation wall. He noted that the abutters were willing to cooperate during construction. Lezli Rowell moved to approve Ryder and Wilcox Plan #7944, dated June 13, 2003, and to grant the variance requested in the letter of June 16, 2003 from Albion Rich for the upgrade of the septic system on the property cited above, with polyvinyl barrier as proposed. Anne White
seconded; the motion passed, 4-0.
McCann, 15 Spruce Street, Assessor's Map 35, Parcel 161. Matt Farrell of Bennett & O'Reilly presented this request for four variances, including one from the setback of the system to a coastal bank. Richard Willecke read the Bennett & O'Reilly letter of 6/11 into the record. This is an upgrade pursuant to transfer. Farrell brought with him revised plans incorporating a FAST treatment unit. He noted that this was a small property in proximity to the Pleasant Point water system; the owners could not hook up with the PWS because it is at capacity.
Lezli Rowell moved that BOH approve Bennett & O'Reilly Plan #B003-3672, as revised June 26, 2003, granting four variances requested in the June 11, 2003 letter from Bennett & O'Reilly for the upgrade of the septic system on the McCann property, subject to the following conditions:
There shall be no increase to design flow on the property, this to be recorded against the deed for the property at the Registry in Barnstable.
Evidence of potable water from new well shall be reported to the Health Department.
The existing well shall be decommissioned in accordance with state regulations.
The existence of IA treatment shall be deed recorded.
Quarterly monitoring of the FAST system shall be reported to the Health Department.
This was seconded by Anne White and carried unanimously, 4-0.
Rowell commented that new BOH members might be aided by material on IA systems using the new technology; the Health Agent will make these available.
Licenses. The Board signed food and business licenses for the following:
Oystermen's Grill: catering
"Weiners and Losers" Hot Dogs: stand at Captain Higgins
P. J. Burnie Sr. Co., Inc.: septage collection permit and disposal works permit
R & H Construction, Inc.
Wellfleet Firemen's Relief Association: bake sale
Other Business:
"State of Wellfleet Harbor" Conference. Erik Mitchell presented a request from the Steering Committee of the State of Wellfleet Harbor Conference that the Board of Health consider acting as a co-sponsor of the conference, which will be held on November 8, 2003. Lezli Rowell moved and Anne White seconded that the Board co-sponsor the State of Wellfleet Harbor Conference; the motion passed, 4-0.
Council on Aging Move. Health Agent Beebe read a memo announcing the Council on Aging move to its new location on Old King's Highway. The BOH meeting of July 9 will be its last one in the old facilities.
Transfer Station Fees. The Health Agent brought forward a request from the DPW that the transfer station fees be extended for another fiscal year. After discussion of the possibility of studying a fee increase for the next fiscal year, Lezli Rowell moved and Richard Willecke seconded that the fees effective on 7/01/01 be continued until 7/01/04; the motion passed, 4-0.
Landfill. Agent Beebe updated the Board on the status of landfill capping plans. A meeting will be held in mid-June at which information on changes in the Cole's Neck water supply will be made available to the public and to the abutters to the landfill specifically. A discussion of Wellfleet's need for further recycling, the status of the Recycling Committee, and the recycling of glossy magazines followed.
After distribution by Erik Mitchell of the Massachusetts Association of Health Boards Guidebook for Boards of Health and a discussion of a letter regarding the Housing Partnership in the Correspondence file, Lezli Rowell moved and Richard Willecke seconded adjournment. The meeting adjourned at 8:30 p.m.
Respectfully submitted,
________________________________
Frances J. Castillo, Assistant to the Committee Secretary
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