Wellfleet Board of Health
Minutes of Meeting of August 28, 2002
Senior Center, Long Pond Room
Present: Chair David Breen; Betty Kimball, Zel Levin, Lezli Rowell, Geoffrey Karlson; Health Agent Emily Beebe; Chair of Board of Selectmen Roger Putnam; Citizens of Wellfleet
Chair Breen called the meeting to order at 7:00 p.m.
New Business
Roger Putnam, Board of Selectmen, Presentation of Information on Regional Recycling Proposal. Mr. Putnam, distributing a copy of the text of his remarks, explained that he had requested a spot on the BOH agenda to explain the composting proposal for the five towns of the outer Cape, since the topic fell within the BOH responsibilities. His comments covered the history and method of Wellfleet's trash disposal, the implications for the future, and the possible use of a composting process to deal with MSW. Warning that SEMASS costs for tipping and hauling will become prohibitive and that Mass EPA will not allow traditional medium or low temperature incineration as a long-term method of disposing of such wastes, Putnam outlined the "low tech approach" of
the use of the composter/digester to "turn organic waste into garden quality compost . . . in a continuously rotating tube." Such a composter, which is being successfully used on Nantucket, could be used for the volume of trash produced by the five Lower Cape towns of Provincetown, Truro, Wellfleet, Eastham and Orleans; the whole operation requires 5 to 7 acres and a structure of about 70,000 feet or 1.7 acres. Putnam described the mechanical composting process in detail, ending his presentation by providing answers to some relevant questions. He noted that Barnstable County has contracted with the firm of Wright-Pierce to "determine if the proposal is economically viable, environmentally possible, within regulatory guidelines"; they will also conduct a site assessment. At the close of his remarks, Chair Breen invited the Board to question Putnam but stated that he was closing the floor to public question and debate because of the large
agenda and time factor.
Betty Kimball asked if the Seashore had been brought into the process; Putnam replied that the Seashore would do anything to facilitate the process for the five towns except contribute land to be used for it. Kimball then asked if the Transfer Station personnel would remain the same and was answered affirmatively, since the community would still bring its trash to the station as heretofore. To Mrs. Kimball's question about companies consulted, Putnam stated that there were at least four, Bedminster and Waste Options among them.
Zel Levin asked why the projected start of the project would be as long as eight years from now; Putnam outlined the schedule of things which would need to be done before beginning construction: a feasibility study, a series of public hearings on the site process, five different town meetings, petition to the state, a bill gotten through the Great and General Court for a waste management district, the EPA permitting process, and finally bid and construction drawings. Levin also asked whether the process would affect the tax structure of the municipalities, and Putnam replied that it depended whether it was done by the towns themselves or by an outside financing corporation (as Provincetown has done).
Lezli Rowell protesteed the Chair's closing of the discussion to the public, which was explained by Breen as action on the advice of the Health Agent because of time and agenda. Ms. Beebe added that the Board had four public hearings on the agenda, that Mr. Putnam had come to the meeting simply to brief the Board and was placing no application in front of it. Rowell then asked the DEP deadline for capping the landfill; Putnam, while stating that he did not know the deadline date but believed it had passed, answered that through discussion the DEP had opened a window to the town as regards capping and has indicated it will await the results of the feasibility study.
Suzanne Thomas, Director of Beaches, Discussion of Continuation of Boat Rental at Gull Pond. Ms. Thomas outlined the concerns that have been raised about continuing the lease, which has 3 years left to run, of Jack's Boat Rental on Gull Pond, adding that the only way the lease could be lifted was through BOH (or NRAB) recommendation. The problem is that the sluiceway can be accessed more easily by boat renters and a greater population has utilized it this season; however, no sanitary facilities exist there. Ms. Thomas has talked with a number of people, including Mr. Ferrara, owner of Jack's Boat Rentals, who has suggested funding a portable toilet for the sluiceway. This would need a written recommendation from the BOH before September 9, when she will
bring the proposal to the BOS.
Health Agent Beebe noted that she, Rowell, and Kimball had visited the site today; she advised that appropriate action would be a portable toilet which would provide positive mitigation and that a memo recommending this should be sent to the BOS.
Lezli Rowell stated that boat rental is a service to the public and a mitigating factor as it reduces the boat ramp trips and that people using boat rentals stay on the sandy shore rather than moving into the vegetated areas, a preferable action. She commented that she would consider the portable sanitary facility if a pamphlet were to be distributed explaining the importance of its use. She added that the site visit today showed no trash or debris or evidence of people using the area as a rest room. Rowell felt that only about 1/3 of the people who frequent the sluiceway use the boat rental to get there, with a possible 1/3 using the boat ramp and the remaining 1/3 accessing from private pond shore properties.
Geoffrey Karlson asked how far from the sluiceway the proposed toilets would be located; Thomas answered about a 2-minute walk from the pond to the portable. She has scheduled an appointment with Bouse House to look at the site and feels that the town should use its umbrella contract and have the owner of the boat rental reimburse the town. She also advised that a survey be done to determine how people get to the sluiceway.
Betty Kimball agreed with her colleagues that an educational brochure should be distributed, emphasizing that the BOH's main concern is the sanitation and health of the ponds.
Ms. Thomas stated for the record that she was not out to close Jack's Boat Rentals.
Chair Breen opened the discussion to the public.
Jack Ferrara, owner of the boat rental, stated that the people who rent his boats want to support a clean environment and added that he did not feel that the boat rental was detrimental to the pond. He cited his efforts to educate his customers in ecologically safe use of the pond and asserted that the beach programs canoe racks "opened the flood gates" in respect to the many boats moored there. He added that he was willing to pay for the portable toilet at the sluiceway if necessary.
Mrs. Heidi Ferrara, an elementary school teacher, described the part of her school curriculum which teaches children that the pond is a fragile eco-system and emphasized that she and her husband will protect the pond.
Lezli Rowell commented that the boat racks at the pond reflect a growing interest in boating and noted that her sons have taken boating lessons from Jack and Heidi Ferrara. She moved that Wellfleet Board of Health moved to recommend the use of Jack's Boat Rentals on Gull Pond with the following conditions:
Signs be erected
to educate the public about the ecological importance of "our pond"
to inform people about the location of sanitary facilities in the area
A portable toilet be installed at the sluice way
A brochure regarding the ecology of the ponds be made available to Jack's customers
The use of the area be monitored more closely over the next several seasons.
Betty Kimball seconded the motion, suggesting that the "Adopt a Pond" brochure be used. Ms. Thomas reminded the Board that these brochures are given to people with the purchase of beach stickers, but that many of the boat rental customers come from other towns. Ferrara pointed out that brochures contribute to litter on the beach and in the water. Chair Breen called for the vote; the motion passed unanimously, 5-0.
Request for Stable Permit, Laurence and Laurie Smith, 85 Howes Road, Assessor's Map 29, Parcel 271. Mr. and Mrs. Smith appeared for the continuation of this hearing (see minutes of 4/10/02) to request a stable permit, for which they need a variance from BOH regulation #902(2), requiring a ¾ acre lot to keep a horse. Ms. Beebe asked Chair Breen to read the faxed letter from abutters Heinz and Monique Weinman (8/27) into the record. The letter protested the Board's decision on the Tesson stable request (8/14) because of the number of animals to be kept; it did not object to the Smiths' request but asked that they replace their chain link fence with a wooden fence (more impervious to sight).
Mr. Smith suggested that he might be able to get a stockade fence up by spring, when the abutters would return.
Geoffrey Karlson added that since this is a ½ acre lot, not conforming to regulation, the concerns of abutters need to be taken seriously and that a good compromise would be to provide more privacy from the animal for them. He also stated that the permit should be limited to one horse.
Mr. Smith, alluding to the Tesson permit (allowed with ½ acre), stated that he would like the option of having another horse.
Karlson explained that the Tessons were allowed the stable because of special findings: adjoining conservation land, plan to move the paddock, a lot which was originally ¾ acre. He added that it would be imprudent to use this neighbor's permission as a precedent.
Lezli Rowell agreed, adding that the Tessons were a pre-existing use previously conforming to the regulation. She stated that the Smiths were asking for a variance from the ¾ acre minimum and that she did not know how this could proceed unless criteria were given which would allow the Board to approve the variance.
Betty Kimball stated that on the site visit to the Smith stable she had observed that it was very clean. She felt the abutters' request for the fence should be honored and agreed that the regulation at this time was for one horse for the property. Smith agreed to one horse.
Geoffrey Karlson, concerned about setting a precedent, asked Health Agent Beebe if there were findings that could be developed, since this needed special mitigating circumstances. Beebe replied that (1) Smiths would change their fence at the neighbors' request and (2) there were no objections from abutters. Mr. Smith added that he had submitted a list of sanitary practices at the 4/10/02 hearing.
Chair Breen called for public comment.
Jim Willis asked where the eminent domain of property came in the Tesson case, since his research on the subdivision indicated that all lots were originally ½ acre. Lezli Rowell informed him that the taking of land probably happened before the subdivision plan was submitted to the town.
Helen Wilson referred to her conversation with Neil Gadway, a well driller, who had told her that that wells can be destroyed by manure piles; she urged that not having manure touch the ground should be a condition of any keeping of animals.
Geoffrey Karlson, returning to his concern for mitigating factors, emphasized that this should be one horse not to be sold or replaced and that reasons given and criteria used in earlier hearings for allowing horses on ½ acre lots should be revisited before a decision was made.
Lezli Rowell stated that she was leaning toward extending the Smiths' orders for one year and that she was not comfortable allowing the variance without finding criteria to do so.
Health Agent Beebe suggested that the decision needed to be made, since the Smiths would ultimately need to go before the ZBA for a stable permit. She agreed with Karlson that the "horse people" needed to come before the Board to present reasons for changing the ¾ acre rule.
Ashley Fawkes-Sylver noted that the ZBA special permit for a stable goes along with the property as a structure; Ms. Beebe stated that the Smith's stable pre-existed as a shed.
Geoff Karlson moved that the Board grant approval for the Smiths to keep one horse under the proposed limitations of the owner's original notes (submitted to BOH on 4/10/02) for the lifespan of the horse now owned and with the understanding that the owner would replace the fence in the back of the property within 8 months. Supporting findings for variance granting included: (1) existing structure, (2) no objection from abutters, (3) horse has been a long-term pet which owner agrees not to replace. David Breen seconded the motion. Discussion followed, including David Breen's concern over the BOH deciding architectural elements (type of fence), Helen Wilson's cautioning that the paddock's location is important because the paddock becomes the
"horse's toilet", Lezli Rowell's objection to citing "existing structure" as a finding in the motion because the petition admitted changing its use from shed to stable, David Breen's request that the Health Agent research statistics on the BOH's treatment of farm animals, looking for a doctrine of fairness, and Ashley Fawkes-Sylver citing of earlier cases of horses on small lots. Karlson withdrew his motion, stating that he would wait to see what information the Health Agent could cull from old minutes. He moved instead to continue the current hearing to Wednesday, September 25; Betty Kimball seconded; the motion passed unanimously, 5-0. Existing BOH orders to remove the horse was continued to the 9/26 meeting.
Variance Requests
Knies, 45 E Street (Lt. Island), Assessor's Map 40, Parcel 35. David Lajoie of Felco Engineering presented this proposal to upgrade the existing cesspool to a standard Title 5 for an existing 3 bedroom house on E Street on Lieutenant Island. David Breen read into the record the letter from Felco Engineering (8/14/02) describing the project and requesting eleven variances to the state code. Lajoie explained that the plan has tried to maximize distances to the abutting wells.
Health Agent Beebe noted that abutters of several close properties were concerned about the project; she explained to the abutters that the distances requested as variances are distances from the 100 foot setback. She gave the Board the information she had been able to determine concerning the water quality of the abutting wells. Beebe added that she felt the need to get a baseline water quality for the neighborhood on record, instructed the Board to think about the conditions to be put on this project, asked Lajoie for a copy of the material he sends to the state, and asked for a UV light for the project.
Betty Kimball asked if an alternative system had to be recorded on the property deed and permitted by the DEP and was answered affirmatively.
Lezli Rowell asked Lajoie to discuss recirculating sand filters; after he did so (noting that abutters' septic systems could impact their wells more than this system would), Rowell explained the BOH regulations for recirculating sand filters.
Geoff Karlson suggested that if water quality in the area does degrade, it would be prudent to suggest mandating action by a group of property owners. He supported the Health Agent's suggestion of UV.
Rowell queried whether routine testing of influent/effluent would give evidence of fecal coliform and was answered negatively.
Comment from the public followed:
William Garrow of Parcel 25 brought his plan of the actual accumulation of lots to the table; he believes that he will end up 73' from Knies' proposed system. Stating that his map differed from Felco's in his well location and Knies' house location, he asked how the recirculating sand filter system worked. Lajoie explained. Garrow then expressed concern with the 73' distance and the location of the septic system and suggested improvements for the plan, which he stated was incomplete. Lajoie responded to his comments and questions.
Frederick Walker of Parcel 39 spoke of the probable southerly flow of the groundwater and expressed concern if this flow is toward his well. Ms. Rowell suggested that he obtain the Barnstable County Compendium to answer his questions about aalternative septic system technologies.
Helen Wilson wondered whether the residents of Lieutenant Island were ready to hear about cluster septic systems, sharing of systems and perhaps money? Garrow responded that they did not need a cluster system, since only one house was aberrant. Karlson asked if anyone else would be amenable to sharing a system, and Health Agent Beebe suggested a possible candidate for cooperation. Lezli Rowell felt it was inappropriate to ask property owners who have already upgraded to use a cluster system and to ask Mr. Knies, who already had a plan which was more than compliant on the table, to continue to wait. Health Agent Beebe suggested that she and George Heufelder would both be available for advice on a shared system proposal; Rowell felt that this should be
ruled out before voting on the plan before the Board.
Rowell moved to continue this hearing on September 25; Karlson seconded the motion; the motion passed unanimously, 5-0.
Carey, 250 Long Pond Road, Assessor's Map 16, Parcel 89. This plan, for a proposed septic upgrade pursuant to transfer of deed for a four bedroom dwelling, was presented by Matt Farrell of Bennett and O'Reilly. David Breen read the letter of 8/15 requesting one variance from Title 5 regulations for minimum setback distances in that the leachfield would be not 10' from the property line; the request was for 5' variance. The Health Agent stated her approval of the plan; Betty Kimball agreed that this was a "cut and dried" request; Lezli Rowell noted that it was preferable to grant the variance to the setback rather than to the well. Agent Beebe suggested the staking of the property line. The floor was opened for abutters' comments.
Emily Branch asked what drinking water wells were noted on the plan to have 100' separation and was told the well on the Carey property.
Peter Rosenbaum of Parcel 88 expressed concern because his septic system backed upon the property line for which the proposed variance was being sought; he felt that the two septic systems would be so close to each other that they might pose more of a problem to the water quality of his well.
Beebe noted that the systems were in compliance with the code in that the 10' separation was satisfied. Geoff Karlson added that leaching systems in sandy soils leach vertically and that this plan should provide better protection from pathogens than the old cesspools now existing on the property.
Mr. Douglas (an across-the-street neighbor) asked whether saving the owner from drilling a new well was the only reason this had come before the BOH. Answered affirmatively, he added that in his opinion it seemed unreasonable to hinge this variance decision on a small point (the saving of approximately $3000). Ms. Beebe explained that the BOH tries for maximum feasible compliance to regulations for allowance of variance.
Lezli Rowell moved to approve Bennett and O'Reilly Plan #B002-3470 of 8/15/02 and to grant one variance requested in the letter from Bennett and O'Reilly of 8/15/02 for the upgrade of the septic system on the property cited above, subject to the following condition:
Flagging of the property lines.
Betty Kimball seconded; the motion passed unanimously, 5-0.
Cape Shores Realty and Puritan Clothing, 282 & 286 Main Street, Assessor's Map 15, Parcels 50 & 51. Matt Farrell of Bennett & O'Reilly presented this proposal for septic upgrade for two commercial buildings side-by-side with Puritan, in the process of selling, needing to upgrade. David Breen read the Bennett and O'Reilly letter of 8/15/02 requesting twelve variances into the record. Farrell explained that the owners want a shared system located on the Puritan Clothing lot and that the flow from both buildings (168.3 gal/day) is small. The septic will be a Singulaire treatment system; they are planning to put that unit in under provisional permit and the strictest testing from the state.
Lezli Rowell asked if the opposite parcel is a public water supply; the Health Agent did not think this was so.
Ms. Beebe suggested a variance from leaching capacity of 50% after a suggestion from Rowell that there are 2 uses of the system (equalling 400 gal design flow).
Karlson suggested moving the leach trench closer to the Town Hall well.
Comment was invited from the public:
Madeline Manchuck of Parcel 54 asked questions about the number of stamps on the plan (Farrell explained that Wellfleet did not require a surveyor's stamp), whether a perc test was done (Farrell stated a hand boring had been done), and why a liner to protect her property had not been proposed (Farrell noted that the liner is to protect the cellar wall of the owner's building and that the flow would not affect her across the street). Manchuck asked what the Board would do to protect her property and her tenants. Health Agent Beebe stated that she would look at water quality of the Manchuck property.
Geoffrey Karlson pointed out that the real estate office, used year-round, would be better for the leaching system. He requested that Farrell redesign the plan, sliding the leach trench over and maximizing the distance from the wells across the street.
Ms. Beebe read aloud a series of eleven conditions for approval to Farrell.
Betty Kimball moved to continue the hearing for Cape Shores Realty and Puritan Clothing to September 25; Karlson seconded the motion; the motion passed unanimously, 5-0.
Health Agent's Report. Ms. Beebe informed the Board that Robert Martin had passed his installer's test.
Minutes of August 14, 2002. Betty Kimball moved and Geoff Karlson seconded the approval of the minutes of 8/14 as amended. Chair Breen noted that a point concerning the Oysterman's Grill had been omitted from those minutes but that he would bring the point up again. The minutes were approved unanimously, 5-0.
Betty Kimball moved for adjournment; Karlson seconded; meeting adjourned at 10:35 p.m.
Respectfully submitted,
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Frances J. Castillo, Assistant to the Committee Secretary
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