Wellfleet Board of Health
Minutes of Meeting of November 12, 2003
Senior Center, Duck Pond Room
Present: Lezli Rowell, Chair; Richard Willecke, Anne White, Ken Granlund, Jr.; Erik Mitchell, Assistant Health Agent
Excused: Emily Beebe, Health Agent
The meeting was called to order at 7:00 p.m. by Chair Rowell, who distributed a document containing three memo items for the Board's consideration.
Tape recorders at meetings. Chair Rowell moved and Richard Willecke seconded the following: "At such time as the Health Agent, committee secretary or board members feel the need to tape record a Board of Health meeting in addition to documentation through public record minutes, this interest shall be expressed at the opening of the meeting, noted in the minutes, and the tape recording device shall be placed openly and notoriously in the middle of the meeting table in front of board members.
This policy recognizes the right of the attending public or applicants to record meeting[s] for their own personal record as separate and apart from activities of the regulatory board and its serving agent and staff." The motion carried, 4-0.
In the second memo item, the Chair requested a copy of the tape made by the Health Agent at the BOH meeting of 10-8-03 for herself and for any other interested BOH member.
BOS Policy/Goals Workshop of 11-15-03. The Chair recommended that the following motion (seconded by Ken Granlund) be forwarded to the BOS in response to its request for recommendations for the Policy/Goals Workshop: "The timely exchange of information and carrying out of voted directives is essential to the productive function of volunteer service boards, and this value depends upon support and commitment from appropriate staff. A goal of emphasizing open exchange between boards and committees will benefit the constructive application review processes of the permitting boards, as well as inclusive updating of the "Local Comprehensive Plan" and the "Harbor Management Plan" and other interdisciplinary efforts; this goal
linked with staff support and execution of board/committee requests will better the climate for all working together." The motion carried, 4-0.
Variance Requests:
Cronin, 75 Massasoit Road, Assessor's Map #28, Parcel #156. Raquel Ellis of J.C. Ellis Design Co. represented owners James and Mary Cronin in their request to upgrade from a single cesspool to a Title 5 system. Chair Rowell read into the record the J. C. Ellis letter of 11-3, requesting 6 variances from septic regulations. Discussion of the project produced the following observations:
The existing cesspool creates no variances; this upgrade is at the owners' wishes.
Regarding the request for variance of 89' to Parcel 179 well, the project needs either alternative technology or explanation of mitigating circumstances (e.g., direction of groundwater flow). Ms. Ellis noted that groundwater flow is in a southwest direction, calculating 35' of vertical separation.
Responding to a Board question on the quality of the locus well, Ms. Ellis stated that the well was new and should be of good quality; however, there is no evidence that water sampling has been done.
It was established that the owners might hesitate to use advanced treatment, since cost is of concern.
Conclusions were advanced that the proposed leachfield would treat wastewater more effectively than the existing cesspool, the 35' of vertical separation was judged satisfactory, and the new system would create variances but would appreciably improve the situation.
No reaction to the plan had been received from abutters.
Chair Rowell moved to approve J. C. Ellis Design Co. Plan, dated 10-1-03, and to grant six variances requested in the letter from J. C. Ellis, dated 11-3-03, for the upgrade of the septic system of this property as a grandfathered, non-conforming dwelling, this approval to be subject to the following conditions:
Design flow is to be limited to the rate of 440 gallons per day.
The above restriction is to be recorded against the deed for the property at the Registry in Barnstable.
A well test showing potable water is to be submitted to the Health Agent prior to issuance of a Disposal Works Permit.
The Chair further noted mitigation from BOH Regulation 607, which requires alternative treatment, in the fact of 35' of vertical separation to ground water.
Willecke seconded the motion, which carried, 4-0.
Rauch, 35 Old Salt Lane, Assessor's Map #41, Parcel #72. Raquel Ellis, representing this proposal for owners Harold and Ruth Rauch, distributed an amended plan with correction of design calculations on the diagram and the addition of Note 16 (provision of 40 mil poly flow barrier along inside of retaining wall). Chair Rowell read the J. C. Ellis variance request letter of 11-3-03 into the record. Ms. Ellis explained that the property currently contains existing cesspools in the ground water, that the owners plan to sell the property, and that this is an upgrade pursuant to deed transfer.
Assistant Health Agent Mitchell noted that the engineer will place concrete slabs over the tank and pump chamber to prevent buoyancy and that there would be no necessity for a 5' overdig with the use of the retaining wall and barrier.
Mitchell informed the BOH that the Health Department had received a call from the abutter on Parcel 73, who objected to the aesthetics of the planned mounted septic system and to the 5 foot barrier. He added that the abutter was informed that such aesthetic considerations were outside the purview of the Board of Health.
Willecke noted that "abandoning cesspools in ground water" for this septic upgrade is to be commended.
From the audience, Mr. Rullman of Parcel 77 asked to examine the plan and stated his concern that the contractor not run over his septic system in accessing the work area; Ms. Ellis stated that access would come from Old Salt Road through the driveway to the Rauch property and should not touch private land. The Board also noted that there were no variances to Mr. Rullman's well.
Chair Rowell moved and Willecke seconded to approve the J. C. Ellis Co. plan, as revised 11-12-03, and to grant six variances requested in the letter from J. C. Ellis, dated 11-3-03, for the upgrade of the septic system on the Rauch property, subject to the following conditions:
Design flow is to be limited to the rate of 248.6 gallons per day
The above restriction is to be recorded against the deed for the property at the Registry in Barnstable.
A well test showing potable water is to be submitted to the Health Agent prior to issuance of a Disposal Works Permit.
The motion carried, 4-0.
Proposed Expansion: Hutchison and Kennedy, 161 Commercial Street, Assessor's Map #21, Parcel #119 (see working discussion from 10-22-03 meeting). Builder Mike Cyzoski represented the owners in this discussion of a proposal for increase of habitable space through the construction of a study in unfinished attic space. Chair Rowell read into the record the Health Department letter of 1-27-03 stating conditions for allowing septic variances to the property; among these conditions was "no increase in habitable area without Board of Health review." Questions arising from discussion included:
What is the exact number of bedrooms? (Chair read aloud BOH Regulations definition of bedroom.)
Does septic design flow (Bioclere unit) match actual number of bedrooms?
Does condition of "no increase to habitable area" mean no renovation?
Chair Rowell suggested that the discussion be continued until the 12-10-03 meeting, at which time the Board wished to see a plan delineating the actual number of bedrooms and to inspect the septic plan in order to check design flow.
Minutes of October 22, 2003. Richard Willecke moved and Ken Granlund seconded approval of the 10-22 minutes with the amendment of "not good for you" for "deadly" in the Tobacco Control Program discussion on page 1. The motion carried, 3-0-1 (Rowell).
Old Business:
Correspondence File. Chair Rowell pointed out that the BOH had voted on 8-28-03 to have a file of all incoming correspondence to the BOH (in addition to that duplicated for the members and placed in their agenda packets) kept at the Health Department. Stating that all BOH members should have access to all correspondence, she moved that the BOH initiate a correspondence file that any member could bring to the meeting for discussion. Willecke seconded. Erik Mitchell, noting that Health Agent Beebe does not favor such a file, suggested the Board speak with her about the proposal. Rowell stated that the Board needed to see the correspondence addressed to it, citing the procedure used by the Board of Selectmen. Mitchell again suggested talking with the Health Agent before
voting; Rowell withdrew her motion, noting that the motion passed on 8-28 stood.
Memo from Planning Board re: Possible Zoning Bylaw Revisions. The Chair reviewed this memo (10-30-03) written by Rex Peterson for Planning Board and addressed to the regulatory boards; this included a list of topics for possible bylaw revision and asked for any other suggestions. Referring to the section Title 5 and Regulating Growth, the Chair noted that Title 5 is not a tool for regulating growth and that when a septic expansion is proposed, it is treated under Title 5 as new construction not allowing new variances. Turning to the water system now being installed to serve municipal buildings in town (in response to a question from audience member Harriet Miller), discussion touched upon the right of an owner, under state regulation, to hook up to an abutting water line as long as the
system has adequate capacity. Erik Mitchell pointed out that the town has approved wells that may be tapped into and that the DEP may deem these wells supply available capacity. Concluding discussion, the Chair noted that she felt no need for the Board of Health to comment on the Planning Board memo.
Correspondence and Old Business:
Annual Town Report. The Chair announced that the submissions for the Annual Town Report are due by 12-18-03; she noted that although last year the report was submitted jointly by the Health and Conservation Department, she felt that the Board of Health should submit its own. She proposed to bring a draft report in to the next BOH meeting.
Selectmen's Meeting for Goals & Policies. The Chair proposed to submit the motion on BOH goals, which she had introduced and the BOH had approved (see above), to the Selectmen's discussion of goals of the town scheduled for Saturday, November 15, 10:00 a.m. at the Library.
Standard Condition Sets. The next section of the meeting was devoted to discussion of several series of condition sets collected by Richard Willecke, Erik Mitchell, and Chair Rowell from previous BOH decision and various town websites; the purpose of studying these condition sets is to standardize and streamline the Board's procedures in making variance decisions. Discussion touched upon the reasons for including water quality monitoring schedules, which Mitchell had acquired from Marin County, CA; the Chair felt should such schedules should be left to the DEP use and approval process. The Chair moved through the condition sets, commenting on their application.
Board of Health Concerns Relative to the Use of Alternative Systems. This material, part of the meeting agenda packet, was written by George Heufelder of the Barnstable County Department of Health and Environment and contains a "Proposed Regulation Regarding Board of Health Requirements for Monitoring of Alternative Septic Technologies" which the Board proposed to take under advisement.
Richard Willecke moved and Ken Granlund seconded that the meeting be adjourned. The meeting closed at 8:50 p.m.
Respectfully submitted,
_________________________________
Frances J. Castillo, Committee Secretary
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