Wellfleet Board of Health
Minutes of Meeting of July 9, 2003
Senior Center, Long Pond Room
Present: Lezli Rowell, Ken Granlund, Jr., Anne White, Richard Willecke;
Emily Beebe, Health Agent, Erik Mitchell, Assistant Health Agent
The meeting was convened at 7:00 p.m. by Ken Granlund; since the Board would be without a Chair until Reorganization (at the end of the agenda), Lezli Rowell was elected Temporary Chair (Willecke moved, White seconded, carried 4-0).
Minutes of June 25, 2003. Lezli Rowell moved approval of the minutes as amended; Willecke seconded; the motion carried 3-0-1 (Granlund abstaining).
Subdivision Plans: (the Board agreed to bypass temporarily 2 agenda items: Tesson Stable Permit and Downs Variance Request, until the representatives were present) Both subdivision plans were presented by Dick Lay of Slade Associates.
Sueko Hall, 15 Hamblin Farm Road, Assessor's Map #19, Lot #12 and Map #12, Lot #54, 2 lots proposed. Lay explained that the plan proposed creation of a low-density subdivision of two large lots and showed the Board the well and septic master plan for the subdivision. Erik Mitchell explained that Conservation Commission (which had approved the plan on 4/26/03) had mandated the inclusion of a catch basin with leach pit but had no other issues. To Rowell's comment on the steepness of the proposed road, Lay noted that the grade, already discussed with Planning Board, is now planned at 10 ½ % and can go to 10% (per regulations) if that board so wishes. Lezli Rowell moved that the Board of Health approve the Sueko Hall Subdivision Plan as presented;
Ken Granlund seconded; the motion carried, 4-0.
Harvey R. Geiger & Joyce G. Spencer, off Baker Road, Assessor's Map #29, Lot #s 335 & 335.1, 4 lots proposed. Lay distributed the preliminary plan for this proposal, noting that the BOH did not usually consider preliminary plans. Stating that there was only one abutter to the property, Lay explained that 3 structures existed on the property, which would be divided into 4 lots with structures on 3 (Lots 1, 2, & 3); all lots have upland ample for larger structures than now exist. Noting that the plan showed the existing cesspool locations, he stated that the definitive plan would come to the BOH with master well and septic and that, upon sale of the lots, Title 5 septic plans would be filed as required by the bylaw. He added that a well existed on Lot
1 but had no information on water quality. Lezli Rowell noted that there was no need for a motion on a preliminary plan; the Board will wait for the filing of the definitive plan.
Stable Permit Application: Tesson, 95 Howes Road, Assessor's Map #29, Parcel #271. July Tesson appeared before the Board to speak in support of her application for a stable permit. The Board heard a summary by Health Agent Beebe of the Tesson permitting process (see minutes of 8/14/02 and 10/23/02), including information on her research on the ¾ acre requirement and her conclusion that manure management was the primary issue of concern of both the Tesson neighbors and the BOH. Ms. Tesson presented her case, covering: (1) plan for manure management, including proper composting practices, (2) plans for abatement of abutters' nuisance issues of noise, odors, and flies and insects, and (3) danger to wells from run-off, noting that no wells in the vicinity would be affected. She asked the
BOH to consider redoing the permit for 2 horses, allowing the Tessons to be the "test site" for maintaining 2 horses on ½ acre; she pointed out that Eastham has designated ½ acre as its legal lot area for stable permits. Discussion followed, including the following:
the suggestion that the manure pile size be contained to 4 feet in height and 6 feet in width
the comment that if BOH allowance of this permit would be contingent on ZBA approval for use
necessity for a water quality analysis on the private well on site before the permit is issued, with continuing annual analyses to follow
a question raised on whether, given the use of best management practices, the number of animals was relevant
the fact that the BOH would be establishing precedent and that conditions of approval should be very clear
significant information that there have been no new letters from previously complaining abutters.
Lezli Rowell moved and Ken Granlund seconded that the Board approve the stable permit as submitted, contingent upon Zoning Board of Appeals approval of a permit for use and with the following conditions:
results of annual well testing to be reported to the Health Department
annual review of manure management plan
in the event of well impacts or run-off impacts, this approval to be brought back to the Board of Health to discuss remediation.
Rowell noted that supportive findings for the Board's favorable decision included the following:
the small size of the lot is compensated for by the manure management plan
the abutting open lot, containing a conservation restriction against development, compensates for the small lot size
stable and paddock area has been moved to appease concerns of abutters.
The motion carried, 4-0.
Other Business. Lezli Rowell distributed information on definitions and zone-use categories to the membership. Rowel also advanced two proposals regarding the DEP variance denials for Roger Cachiotti and Trevor and Kathleen Glucksman; these follow below:
The Wellfleet Board of Health does find proposed variances to 310 CMR 15 for Roger
Cachiotti property, 180 Commercial Street (transmittal #W034414) to provide the same degree of environmental protection as required under Title 5, in that proposal is a Maximum Feasible Compliance upgrade application to replace existing cesspools pursuant to deed transfer, with advanced treatment proposed (a Bio-Clere unit, on the Health Agent's specific recommendation as to type of technology) to serve an existing design flow of 4 bedrooms or 440 gpd with the conditions of approval including potable well be secured by the applicant to serve use of locus, no increase to habitable area, conditions deed-recorded, and no conversion of use without BOH approval. The BOH does find the local granting of variances to appreciably improve protection of the groundwater as a potable resource for all the lots
caused variance by the application as the engineered soil absorption system and advanced treatment Bio-Clere unit will provide remedied wastewater treatment to a greater degree than the existing, less varianced cesspools.
The Wellfleet BOH does find proposed variances to 310 CMR 15 for Trevor and Kathleen Glucksman property, 165 Commercial Street (transmittal #41004131) to provide the same degree of environmental protection as required under Title 5, in that proposal is a Maximum Feasible Compliance Upgrade application to replace existing cesspools voluntarily, with advanced treatment proposed (a Bio-Clere unit) to serve an existing design flow of 6 bedrooms, deed-recorded, shed not to be made habitable, system monitoring per DEP Provisional Use with annual testing of locus well, data from both copied to the Health Department. The BOH does find the local granting of variances to appreciably improve protection of the groundwater as a potable resource for all lots caused variance by the application as the engineered
soil absorption system and advanced treatment Bio-Clere unit will provide remedied wastewater treatment to a greater degree than the existing, less varianced cesspools.
Licenses. The following business licenses were signed:
Guaranteed Builders, Inc. -- disposal works installer's permit
Terry Walker -- disposal works installer's permit
Lighthouse Restaurant -- food service permit
Variance Request: Downs, 15 Briar Lane, Assessor's Map #14, Parcel #27. David Lajoie of Felco Engineering represented the owner in this continuance of hearing (see minutes of 3/12/03); Richard Willecke read into the record the Felco letter of 7/9/03 requesting 3 variances. Lajoie noted that septic upgrade was required by the sale of the building; describing the physical plan, he noted that there were presently 2 cesspools in the rear of the property, and two existing wells, with a new well to be located near Briar Lane. He stated that a siting problem for the system was the concern with the public water supply well for the abutting Flying Fish Restaurant; he believed the plan showed the only suitable location for the leach area. Since he was unable to provide for Mr. Rose's (an abutter)
concern for the 100-foot separation from his well on Parcel 29, he proposed the use of alternative technology (FAST system), adding that the system has been approved at the state level for nitrogen reduction. Lajoie further stated that he was not asking for credits under a remedial permit but applying under the provisional use category. The proposed system, designed for a 4000 square foot building, will use 300 gallons per day. Discussion ensued between Lajoie, Mr. Rose (from the audience), and the Board; major points follow:
The system will need to be tested continuously; Rose protested use of experimental septic systems monitored quarterly, noting that his well water was good at present.
It was noted that the Board would have requested alternative technology if Felco had not asked for it in its revision.
A smaller leach field, producing a smaller variance, was suggested.
It was pointed out that in the revised plan, there are now 3 rather than the original 4 variances requested, representing maximum feasible compliance.
Rose suggested that the property, an office building, could use bottled water. He also suggested that an agreement on a system to share a well might be worked out.
Lajoie proposed taking the suggestions of sharing the well and making the leach area smaller to the owner.
Lezli Rowell moved to continue discussion to the next meeting, which will occur onAugust 13th; Anne White seconded; the motion carried, 4-0.
New Business:
Discussion on Food Establishment Protocols. The Board discussed the necessity for food establishments having a policy in place in the case of power outages (walk-in coolers' temperature, etc.) and water services interruptions. The need to establish time thresholds for shutting down (in the case of restaurants) was noted as a public health concern; it was suggested that restaurants needed to propose a written management plan with a time frame. The problems of a local market were noted regarding:
its adherence to the lowest minimum standard for food codes
weekly inspection by the health agents and the county summer sanitarian
the necessity for additional refuse pickup (complaints by abutters).
The members will receive inspection reports on the above-mentioned market in their packets and the Health Agent will report on the situation at the August 13th meeting.
Mayo Beach Closure 7-3-03. Health Agent Beebe explained the circumstance that led to the brief closure of Mayo Beach: a Tier 2 Beach with weekly monitoring (one sample only), it tested at a level of 230 for enterococcus bacteria. Retesting in two days showed that the level had dropped to acceptable limits. Ms. Beebe noted that it was difficult to determine the cause, which probably was a random event (gull droppings?). Erik Mitchell discussed the state protocol for beach testing. Answering a question on Long Pond water quality, Beebe explained that each bathing beach is being tested weekly, lifeguards and beach staff post the results at each location, and the town website can also be checked for results, as can the beach sticker office.
Other New Business.
Lezli Rowell inquired as to the correspondence on the Glucksman-Cacchiotti question.
Rowell asked if the Board should conduct regular site inspections; it was suggested that site inspections be discussed and that one be posted for the next meeting.
Erik Mitchell noted that he will take BOH members with him on septic inspections and perc tests.
Board Organization. Annual election of officers was held; the results follow:
Richard Willecke nominated Lezli Rowell for Chair for a 1-year term; Anne White seconded; Rowell was elected unanimously.
Anne White nominated Richard Willecke for Vice-chair for a 1-year term; Ken Granlund seconded; Willecke was elected unanimously.
Richard Willecke moved for adjournment; the Board adjourned at 9:05 p.m.
Respectfully submitted,
__________________________________
Frances J. Castillo, Assistant to the Committee Secretary
| 
