Wellfleet Board of Health
Minutes of Meeting of August 27, 2003
Council on Aging, Duck Pond Room
Present: Lezli Rowell, Chair; Richard Willecke, Anne White, Ken Granlund, Jr., Erik Mitchell, Assistant Health Agent
Excused: Emily Beebe, Health Agent
Chair Lezli Rowell convened the meeting at 7:00 p.m. Erik Mitchell attended to represent
Health Agent Beebe, who was ill. Since the minutes of the last meeting had not yet been completed, the Board moved to the next items on the agenda.
Variance Requests:
DiPietro, 40 Western Avenue, Assessor's Map #36, Parcel #127. This proposal to upgrade due to transfer of deed, continued from the 8-13 meeting, was presented by Jason Ellis, Sanitarian, of J. C. Ellis Design. He reported that Health Agent Emily Beebe had checked into the Board's concern for the number of bedrooms, that this structure had been found to have been originally a two-bedroom dwelling, and that the variances requested would remain the same. He stated that the Board could condition a deed-restriction for 2 bedrooms. The Chair read the variance requests into the record. In the following discussion, members of the Board noted:
that since the assessor's cards list the dwelling as 2-bedroom, it would be appropriate that this be continued
it is also appropriate that the "little shed" should not be a bedroom
the small size of the lot dictates that the dwelling remain small.
Lezli Rowell moved and Richard Willecke seconded that the Wellfleet Board of Health approve Jason C. Ellis Design plan, dated July 15, 2003 and revised August 26, 2003, and grant the seven variances requested on that plan for the upgrade of the septic system on the property cited above, subject to the following conditions:
There is to be no increase from the number of 2 bedrooms on the property.
This restriction is to be recorded against the deed for the property at the Registry in Barnstable.
Design flow is to be restricted to 220 gallons per day.
The motion carried, 4-0.
Lovely, 30 Kendrick Avenue, Assessor's Map #20, Parcel #1. This continuation (from 8-13-03) of a proposal to upgrade an existing system serving condominiums was represented by Stephanie Sequin from Ryder & Wilcox. (Lezli Rowell recused herself and left the room, citing conflict of interest in her employment by Wellfleet Marine, on whose land the well supplying water to the property may be located. Richard Willecke served as Chair.) Erik Mitchell noted the earlier BOH concerns regarding the size of the leach area and the vertical separation; he reported that Brian Dudley (DEP) had, in a phone conversation, suggested further separation, and that Stephanie Sequin, concerned with the height of the retaining wall, felt she could gain an additional foot to
get a 4' separation. Ms. Sequin presented the following to the Board:
A submission from the BOH records of 1992 of the condo plan, the Giovangelo property, and the proposed well-site, located in grassland, a private well with 100' separation
Minor corrections to the plan: clarified separation between leaching field and proposed water line as 5'; corrected local upgrade to the 20' required from the cellar wall; increased leaching field to achieve maximum feasible compliance; building up of retaining wall 1' so that top of wall is even with the foundation, a more accurate edge-of-the-wetlands location
Distribution of newly revised plan dated 8-27-03
The Board and Ms. Sequin discussed the following:
ground water elevation
the possibility of decontamination and the possible role of ultra-violet treatment
the efficacy of the SeptiTech unit (in comparision with Bioclere and Fast units)
the water line from Uncle Frank's to the condo property (which Mr. Lovely plans to physically disconnect)
moving the location of the septic tanks nearer to the road
the edge-of-the-wetlands location on the plan, which satisfies DEP requirements but will need variances from BOH regulations
the water test--sample has been sent to Barnstable County but may take several weeks for processing
no increase in flow, but increase in leaching capacity (from 50% to 40% reduction)
Richard Willecke noted that given the new set of plans and the need for the water test results, a 4-week continuance was necessary.
Assistant Health Agent Mitchell commented that he was not sure that the saline content of the well related to a decision on septic upgrade and that Agent Beebe's concerns had been reduction of the leach area and separation from ground water; he felt that the DEP has confidence that this system would provide protection.
Willecke added that he was reluctant to approve the system without further discussion of UV treatments.
Ms. Sequin pointed out that there were no variances to drinking water wells and that detention time allows the viruses to die. Mitchell added that the flow through wetland soils is much slower than through sand and increases the detention time. Sequin added that this plan will need to be approved by DEP after local approval is gained and that perhaps a decision on the necessity for UV treatment could be left up to them.
Anne White stated that she wanted a continuance in order to read the new plans which she had just been given and that, in this area of cottage colonies, anything that the BOH does would set precedent. She asked what the results would be if the well tested unsatisfactory and needed to be moved.
Jeff Stewart, from the audience, referred back to earlier discussion of the well location, stating that he would be more comfortable if the exact location were known. He asked, as a ZBA member, whether this septic system had any built-in contingencies for growth, increase of bedrooms, etc., stating that he was speaking to the community of interest.
Willecke and Sequin discussed seasonal use and the SeptiTech system, with Sequin explaining the start-up process.
Richard Willecke moved and Anne White seconded the motion that this case be continued to the September 10, 2003 meeting; the motion carried, 3-0. Sequin will explore material on disinfection and transmit it to the Board. Further concern was voiced as to the location and type of the well, Anne White noting that it might be a submersible well which would need replacement but adding that this point had no relevance to the requested septic upgrades. (Lezli Rowell returned to the Chair.)
3. Downs, 15 Briar Lane, Assessor's Map #14, Parcel #27. Felco Engineering having requested a further continuance of this proposal to 9-10-03, Chair Rowell moved and Ken Granlund seconded that the Downs variance request be continued until 9-10-03; passed, 4-0.
Old Business:
Kraft Conversion. (Anne White recused herself, citing interest in the property.) Chair Rowell introduced discussion, citing the Health Agent's letter of 7-24-03 concerning the revision of the floor plan in the Kraft Condominium occasioned by the ZBA ruling (see minutes of 8-13). This revision had led to BOH concern for number of bedrooms. Erik Mitchell presented to the Board the Health Agent's revised floor plan: the kitchen to be converted to a bedroom, the bedroom in the plan's lower left hand corner to be converted to a laundry/bathroom, thus maintaining the same number of bedrooms. Chair Rowell moved the Board of Health satisfied that no new bedroom was being created; Ken Granlund seconded; the motion carried, 3-0.
Mitchell informed the Board that Agent Beebe had done flow calculations for an aggregate total flow of 574 gallons per day (466 gpd for Unit #1, 108 gpd for Unit #2) for the condo structure. Chair Rowell presented her figures for total aggregate flow of 1150 gpd (for Unit #1, 640 gpd, and for Unit #2, 510 gpd); after reading aloud from regulation 310 CMR 15.203, she explained her calculations. Willecke suggested a continuation of the discussion until the Health Agent could attend and explain her figures. Ken Granlund, noting that he would like to know the correct figure in order to decide whether another septic system was necessary, also agreed that he wished to hear the Health Agent's calculations. Rowell stated that she preferred for the applicant to explain the calculations if satisfied
with 703 gpd limitation, or consider whether the property should have a design flow for the greatest applicable use; she suggested that the applicant's representative appear before the Board. She moved that the BOH hear from a representative of Alfred Kraft on October 10; Willecke seconded; the motion passed, 3-0. Mitchell repeated that Ms. Beebe was very comfortable with her calculations for aggregate flow.
License Signing. The Board signed a disposal works installer's permit for Douglas A. Grover d/b/a Digging.
Handling of Correspondence. The Chair suggested that a mail file to which members could have access to preview correspondence to the Board of Health could be placed in a location such as the Health Department. She added that general mail could be placed in the file; communications of more immediate importance could be duplicated and sent to members (e.g., DEP communications, enforcement orders). Erik Mitchell commended the idea of a file in the office, adding that all important DEP correspondence, anything requiring BOH action, is presently sent out to the Board.
Standard Condition Sets. The Chair asked that more consistency in standardizing conditions for approval of variances should be sought and attained. Erik Mitchell suggested that George Heufelder might visit the Board and/or Brian Dudley of the DEP might be able to help with training. He also offered to email to the Board appropriate links from the DEP website and information on an on-line compendium on alternative technology. Anne White agreed that standardizing of the language of conditions, as well as a discussion of board policy, would be helpful to new members, Richard Willecke adding that consistency was needed in dealing with innovative technology.
Notification to BOH Members when Health Agent needs to take action in the name of the Board. The Chair stated that she needed to know quickly, in order to inform fellow citizens (who frequently question her about Board activities), what had been done "per order of the BOH" (i.e., beach closures, house condemned). To Mitchell's question on how BOH members would wish to receive notification, Willecke suggested that the Chair might be notified and then pass the information on, adding that this concern has to do with public perception and confidence that the Board knows what is being done in its name.
Richard Willecke moved for adjournment; Lezli Rowell seconded; the meeting was unanimously adjourned at 9:00 p.m.
Respectfully submitted,
_______________________________
Frances J. Castillo, Assistant to the Committee Secretary
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