Wellfleet Board of Health
Minutes of Meeting of December 10, 2003
Senior Center, Long Pond Room
Present: Lezli Rowell, Chair; Anne White, Richard Willecke, Ken Granlund, Jr.;
Emily Beebe, Health Agent
Chair Rowell convened the meeting at 7:02 p.m. The meeting was tape-recorded.
Tim Smith, Town Administrator. Mr.Smith joined the Board of Health for a brief discussion of the Board's function and responsibilities; he noted that under the Charter the Board exists to adopt rules and regulations for the town and the transfer station and, in a statutory capacity, to rule on septic variances. He paralleled the role of the Health Agent and the Board of Health with that of the Building Inspector and the Zoning Board of Appeals--both staff members serve their respective boards as advisors and act as liaison between the Administrator and their boards. Smith emphasized that the Board of Health (whose members are appointed by the Board of Selectmen) is not authorized to direct staff members and should bring any issues with the Agent to his attention, adding that the Board's function
concerned the rights of property owners and speedy decisions on septic variance problems. He asked if the Board had any concerns for discussion; hearing none, he returned to the audience.
From the audience, Jerry Houk of the Board of Selectmen added that the BOH may also come to the BOS with problems. He pointed out that citizens have the right of appeal to the BOH on decisions of the Health Agent (as they have to the ZBA on decisions of the Building Inspector). Houk added that the Board of Health does not have an easy job; he also expressed his great confidence in Ms. Beebe.
In a discussion of information-sharing, Chair Rowell stated that the problem of the correspondence file has been worked out to mutual satisfaction.
Proposed Expansion: Hutchison and Kennedy, 161 Commercial Street, Assessor's Map #21, Parcel #119. Builder Mike Cyzoski repreented the owners for this continuation of discussion (see minutes of 11-12) of a proposal for an increase in habitable space to a structure for which BOH had approved a septic variance request on 1-23-03, conditioning its approval on: "no increase in habitable area without Board of Health review." The Board examined the septic plan brought in by Mr. Cyzoski, determined that the plan allowed five bedrooms, and discussed the limitation of habitable space with attention to the walk-through space between bedrooms, agreeing that it was not a bedroom. Anne White moved and Richard Willecke seconded that the Board of Health approve the Hutchison-Kennedy
building plans based on a five-bedroom septic system design flow. The motion carried, 4-0.
Variance Requests:
Caloggero, 1075 3rd Avenue, Assessor's Map #28, Parcel #156. David Lajoie of Felco Engineering presented this proposal for a vacant piece of property of 19,000 square feet on Lieutenant Island. After Chair Rowell's reading of the Felco variance-request letter of 10-30-03 into the record, Lajoie explained the plan to install a two-bedroom house septic system with the alternative technology of a Bioclere unit under the Provisional Use Category. Explaining why the system could not be gotten to comply with all setback requirements, he requested two variances. The Health Agent advised a condition of monitoring the system for three years. After discussion, Chair Rowell moved to approve Felco Engineering Plan #03115, dated 9-19-03, and to grant two variances
requested in the letter from Felco Engineering, dated 10-30-03, for the construction of the septic system on this property under "Provisional Use" category to serve a two-bedroom structure, with floor plans to be reviewed by the Health Agent, subject to the following conditions:
Design flow is to be limited to 220 gallons per day (GPD).
This restriction in GPD, and the presence of these conditions, shall 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 the issuance of a Disposal Works Permit.
A copy of a 3 year operation and maintenance contract with a certified wastewater operator shall be submitted to the Health Department prior to issuance of the disposal works construction permit.
Monitoring shall include testing the effluent for the following parameters:
Temperature, pH, nitrate, ammonia and TKN. The influent shall be sampled for these parameters once annually.
The schedule for monitoring shall be quarterly for the first 2 years, semi-annually for the next 2 years, and 1 sample from then on annually. Upon transfer of deed this schedule shall be re-started.
Richard Willecke seconded; the motion carried, 4-0.
McCord, 800 Ocean View Drive, Assessor's Map #17, Parcel #5. David Lajoie of Felco Engineering was joined by Richard Robicheau, a member of the McCord family, for this variance request. Chair Rowell read the Felco 10-20-03 letter requesting two variances: distance of 40' from the leach area to the well and permission not to utilize alternative technology required by Wellfleet BOH regulations. Robicheau showed the Board photos of the existing house, explaining that the elderly owner did not want to disturb the vegetation for construction; he further noted that the same cesspools have served the house since the 1950's and that the only trigger for this upgrade is the possibility of a future transfer of property. Discussion points follow:
The Health Agent stated that the location of the proposed system was driven by a desire not to disturb existing vegetation; she felt that a way could be found by addressing the time frame to allow the situation to be resolved satisfactorily. She questioned why the engineers were not proposing alternative treatment.
Lajoie produced a letter (dated 10-21-02 and not contained in the Board's packet); this concerned use of a nitrogen reducing system and addressed local regulation 607 by considering groundwater flow, well depth, etc. He stated that well testing indicated good quality water.
Board members noted that this was a voluntary upgrade and that there was a vertical distance of 80 feet to ground water.
Agent Beebe strongly urged the Board not to approve a plan with a well variance when there was the possibility of moving the well 30' to the southeast, pointing out that there was room for this on the lot, a rare luxury with well variances. Robicheau stated that the vegetation made the moving of the well impossible unless the abutter would allow construction through his land. He requested that the Health Agent and Board visit and view the site. Lajoie requested a continuance of the hearing, recommending a site visit to the Board
Chair Rowell moved to continue the hearing to January 14, 2004, allowing the Board to visit the site and the abutter's land to the south to be examined for well construction possibilities. Willecke seconded; the motion carried, 4-0.
Bury, 34 Circuit Avenue, Assessor's Map #21, Parcel #75. Chris Wixon of East Cape Engineering presented this request to upgrade by replacing existing cesspools with a Title 5 system with a Septi-Tech Processor and pressure dosed soil absorption system. The Chair referenced the variance letter of 11-5-03, of which the members waived the reading aloud. Wixon stated that he plans to seek remedial use approval allowing a 50% reduction of the leaching area and to relocate the well, getting it further away from the septic system than the original well is from the existing cesspools. He noted that the Septi-tech processor contains a de-nitrification unit and stated that a floor plan of the dwelling will be available prior to the granting of the Disposal Works Permit. Discussion points
included:
Whether the assessor's records verified a four-bedroom dwelling, suggested as a condition for approval
Whether there existed any water quality test results; Wixon noted that there were none from the existing well but he would test the new well
The importance of confirming the Septi-tech maintenance contract.
Chair Rowell moved to approve East Cape Engineering Plan #01-143, dated 10-23-03, and to grant eight variances requested in the letter from East Cape Engineering, dated 11-5-03, for the upgrade of the septic system on this property, serving a grandfathered, non-conforming dwelling (with respect to the Nitrogen Loading Limitation) under "Remedial Use" approval category to provide for four bedrooms, subject to the following conditions:
Design flow is limited to 440 gallons per day. A variance was granted to allow a reduction in the size of the leach area provided.
The well water shall be tested and found potable prior to issuance of the Disposal Works Permit. The property owner or owner's representative shall contact the Wellfleet Health Department in order to schedule sampling of the well water.
This letter of conditions shall be recorded against the deed for the property at the Registry in Barnstable and shall attest to the presence of the Septi-tech alternative technology, sampling requirements, and operation and maintenance obligations included herein.
Proof of conditions deed recorded shall be submitted to the Health Agent prior to issuance of the Disposal Works Permit.
A copy of a 3-year operation and maintenance contract with a certified wastewater operator shall be submitted to the Health Department prior to issuance of the disposal works construction permit.
Monitoring shall include testing the effluent for the following parameters:
Temperature, pH, nitrate, ammonia and TKN. The influent shall be sampled for these parameters once annually.
The schedule for monitoring shall be quarterly for the first 2 years, semi-annually for the next 2 years, and 1 sample from then on annually. Upon transfer of deed this schedule shall be re-started.
There shall be no increase to habitable area without Board of Health review.
Richard Willecke seconded; the motion carried, 4-0.
Danforth, 5 Holbrook Avenue, Assessor's Map #21, Parcel #105. Matt Farrell of Bennett & O'Reilly appeared before the Board along with owner Audrey Danforth (see minutes of 3-12-03 and 10-22-03 for the most recent BOH action on this matter). Farrell referenced the revised variance letter and the revised plans of 12-4-03, noting that the surveyor has done the property work, the plans are construction drawings, Mrs. Danforth can seek construction costs, and he can submit Form 409A to the Department of Environmental Protection. (Chair Rowell disclosed that abutting Parcel 104 is owned by Wellfleet Marine, her summer employer; the Board and the Health Agent saw no financial gain and therefore no conflict of interest for her and agreed that her disclosure constituted adequate procedure.)
Farrell reviewed the variances that had been revised since the last meeting: #1, #11 (bordering wetland moved 20-30' closer to dwelling; this variance requires DEP approval), #13, and #14. Noting the errors in #13 & #14, the Chair remarked that a condition of any approval would be a revised cover letter. Commenting upon variance #10 (system at 77.3% capacity for two bedrooms), Farrell pointed out that there is not sufficient area to build a large enough septic system and that he will use a recirculating sand filter to enhance the system performance. Discussion ensued concerning the deadline for completion, taking into consideration that 60 days might be needed after the DEP filing and that repairs to the foundation were necessary before the system went in (conservation approval already in place). Richard Willecke stated his reluctance to extend the deadline until summertime (Farrell had requested a 6-16 date), since the site was in a highly
sensitive area and the problem had already stretched on for 4 to 5 years. It was finally decided that installation, including a Certification of Compliance, should be completed by April 15.
Chair Rowell moved to approve Bennett & O'Reilly, Inc. Plan #BO03-3698, as revised 12-4-03, and to grant fourteen variances requested in the letter from Bennett & O'Reilly, as revised 12-4-03 (pending revised variance requests letter), for the upgrade of the septic system on this property to serve a grandfathered, non-conforming dwelling with respect to the nitrogen loading limitation, utilizing a Recirculating Sand Filter. This approval is to be subject to the following conditions:
Design flow is to be limited to 220 gallons per day, recognizing approval of variance reducing leach area provided.
The existing well shall be connected and put in service under the benefit of proper plumbing and electrical permits, and the well water shall be tested prior to issuance of the Disposal Works Permit. The property owner or owner's representative shall contact the Wellfleet Health Department in order to schedule sampling of the well water.
A copy of a 3-year operation and maintenance contract with a certified wastewater operator shall be submitted to the Health Department prior to issuance of the disposal works construction permit.
Monitoring shall include testing the effluent for the following parameters:
Temperature, pH, nitrate, ammonia and TKN. The influent shall be sampled for these parameters once annually.
The schedule for monitoring shall be quarterly for the first 2 years, semi-annually for the next 2 years, and 1 sample from then on annually. Upon transfer of deed this schedule shall be re-started.
Installation shall be completed* by April 15, 2004 or penalty for non-compliance shall commence under the non-criminal citation provisions of local BOH Regulation Section 7003. Each day of non-compliance shall be considered a separate offence. (*Completion of the project is defined as installed, connected, functioning, certified by the design engineer, and the Certificate of Compliance issued by the Health Department by the specified date.
These conditions shall be recorded against the deed for the property at the Registry in Barnstable to formally notate the 2-bedroom deed restriction, and the presence of the Recirculating Sand Filter technology.
Chair Rowell stated that if it became apparent that the project would not be completed by 4-15-03, Danforth would need to return to the Board of Health. Richard Willecke seconded the motion; the motion carried, 4-0. Ms. Danforth asked that the record showed that she disagreed with the time frame.
Minutes of November 12, 2003. Ken Granlund moved that the minutes of 11-12 be accepted with amendment; Anne White seconded; the motion carried, 4-0.
Draft for Annual Town Report. Chair Rowell submitted to the BOH her draft Board of Health Report for inclusion in the Annual Town Report. It was decided that the Health Agent would add an explanation of denitrification to the text and submit the completed report to the Administration Office. Selectperson Helen Miranda Wilson, from the audience, suggested that in the section regarding the Coles Neck water supply the term "municipal uses" be changed to "municipal properties"; this change was accepted by the Board.
Old Business:
The Chair requested bound assessor's maps for those members who have not yet gotten them.
The Chair reported on a communication from the Chair of the Truro BOH on an informational session regarding Lyme disease.
A discussion ensued on Chet Lay's letter of 12-1-03 (from Correspondence) regarding the Allison case and the Health Agent's authority concerning review of building plans.
The BOH discussed informally the flu problem and possible danger from the brown recluse spider.
The Chair noted that the Correspondence File contained a memo from Doug Franklin of the NRAB (12-4-03) requesting the Board's input concerning Chapters 3 and 7 of the 1995 Wellfleet Harbor Management Plan, currently being updated by the NRAB.
Correction to condition of Rauch variance approval. The Health Agent explained to the Board that Condition #1 of the variance approval for Rauch (11-12-03), which read: "Design flow is to be limited to the rate of 248.6 gallons per day" needed to be specified at 330 gallons per day even though the system has a reduced leachfield. Chair Rowell moved to amend Condition #1 to read: "Design flow is to be limited to 330 gallons per day, recognizing the variance granted allowing reduction of leaching capacity." Willecke seconded; the motion carried, 4-0.
Licences and Permits. The Board signed various business licenses and permits (see list below)
The Chair moved and Willecke seconded adjournment; the meeting closed at 9:25 p.m.
Respectfully submitted,
______________________________
Frances J. Castillo, Committee Secretary
Licenses and Permit Signed
Attaboy Septic Service
Discount Septic Pumping
Paul S. Daniels, Inc.
F. L Quinn d/b/a Complete Septic System Service
Robert B. Our Company
Cape Cod Septic Inspection
J. B. Dubis & Sons, Inc.
G. C. Custom Builders, Inc.
Robert L. Paine
F. L. Quinn Construction
Albion F. Rich
Sand Dollar Enterprises, Ken Rose Septic
AMA Excavating
Crowell Construction, Inc.
Robert Paine d/b/a Paine's Campground
Leticia Fricker d/b/a Holden Inn
Marcia Gaye--massage
C. K. Smith & Co., Inc d/b/a Wellfleet Texaco
Wellfleet Harbor Seafood Company d/b/a Mac's Seafood Market
Paul Fox d/b/a A Nice Cream Scoop
Paulette Abdow, Massage Therapist
Terry S. Walker Excavation
Wind River Environmental LLC
John F. Noons, Inc.--Donald W. Noons
Matt Carroll & Daughters
Wellfleet Marine Corporation--Donna L. Pickard
Bouse House Enterprises, Inc.--John Sinison
Massasoit Hills Trailer Park, Inc.--Harry Parkington
Wander d/b/a The Lighthouse Restaurant
Bookstore & Restaurant, Inc.
Tagan's Cottages
Marconi Beach Restaurant
Alfred Pickard, Jr. d/b/a Boatside Fish Market
Blackfish Creek, d/b/a Seaside Liquors
Ocean Reef Gifts, Inc. d/b/a Ocean Reef Gift Shop
Chequessett Yacht & Country Club, Inc.
Wellfleet Condominium Association
Wellfleet Marine Corporation, Pier Store
Stone Lion of Cape Cod
Harborside Village Cooperative Corporation
Hatch's Fish Market, Inc.
Even'Tide Motel
Wellfleet Motel & Lodge, Inc.
Bosthwick & Summers Excavation
Between the Tides, Inc. d/b/a South Wellfleet General Store
Carl S. Back Body Work Plus
Cape Cod Septic Inspection--Robert J. Littlefield
Discount Septic Plumbing--Robert J. Littlefield
G. C. Custom Builders--Glen Crafts
F. L. Quinn Construction--Forrester L. Quinn
Northern Sealcoating & Paving, Inc.
Sandy Paws Holding, Inc. d/b/a Nauset Disposal
Jaya Karlson NTS
Donald Horton d/b/a Cape Cod Disposal Company
Frank Cain d/b/a Uncle Frank's
Green Have Cottages
MA Audubon Society d/b/a Wellfleet Bay Wildlife Sanctuary
Bradley Sverid d/b/a Southfleet Motor Inn
Sweet Seasons, Inc.
Jean Nelson & Brailsford Nixon d/b/a Holbrook House
Chad Williams d/b/a The Juice Gallery
Maurice's Campground, Inc.
The Blue Willow
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