Wellfleet Board of Health
Minutes of Meeting of September 25, 2002
Senior Center, Long Pond Room
Present: Geoffrey Karlson, Vice-Chair; Betty Kimball, Lezli Rowell, Zel Levin; Emily Beebe, Health Agent
Excused: Chair David Breen
Geoffrey Karlson opened the meeting at 7:00 p.m.
Request for Deadline Extension for Lighthouse Restaurant Project. This request for an extension of the "drop-dead" completion date of 10/1/02 (see minutes of 6/12/02) for the Lighthouse septic system project was presented by owners Bob Derow and Joe Wanco, John O'Reilly of Bennett & O'Reilly, and contractor Dennis Murphy. Bob Derow explained that he and Mr. Wanco had thought that the 10/1 deadline only applied if the leaching system was installed. Derow then detailed the various reasons for their not being represented any longer by Coastal Engineering, stating that they have hired the firm of Bennett & O'Reilly to complete the job. In relating progress so far, Derow noted that the Biocleres had arrived in New Bedford on 7/28, that there
were problems with Coastal Engineering in putting in the retaining wall, which was finally done after Labor Day, and that they have ordered and paid for a brand-new holding tank and pump chamber. He commented that the BOH had been patient with them but that he feels that they had a "derelict engineering company."
O'Reilly noted that he has conducted soil excavation around the retaining wall. In a letter to the Health Agent, he stated that he is prepared to do a certified As-Built Plan.
Lezli Rowell, after reading the approval motion from the 6/12 minutes, stated that she felt the entire motion had been voided by the DEP's overriding of the Board's decision.
Betty Kimball asked how Kristos Dimisioris had received the proposal of 6/12; Health Agent Beebe stated that Mr. Dimisioris had denied the rehabbing of the leachfield proposal immediately.
Ms. Beebe asked John O'Reilly his reaction to working with another's plans; O'Reilly replied that nothing had been installed yet, that he would work right off the design plan, which must be followed to the letter with any change going back to the state for approval. His job, he stated, was to certify the installation per the plan.
Geoff Karlson asked Dennis Murphy how much work had been done after Labor Day. Murphy stated that quite a bit had been done: overdigs; interior of the retainment wall ready for fill; call for inspection. In response to Karlson's question, he said that the time span between the tight tank coming out and the leaching field going in would be from 4 to 5 hours.
Discussion turned to the DEP's not approving the FAST system, one of the major reasons for the project delay. Geoffrey Karlson commented that Coastal Engineering was surprised at the lack of approval; Bob Derow believed they should have known; Ms. Beebe explained the path to the misstep in the proposal to the state. Lezli Rowell commented that engineers should be on top of the DEP's "ever-changing whims," that the engineer should have checked in November as to the status of this form of remedial treatment with the state. Dennis Murphy asserted that he believed the liability lay with the state or the Town of Wellfleet from the layman's point of view. The Health Agent pointed out that the process never received formal approval from the DEP and that the
state had never seen the plan before they disapproved the FAST system. Karlson felt the engineering company should have checked for approval. Murphy argued that the Lighthouse should not be held responsible.
Turning to the naming of a new deadline, Karlson asked Murphy if November 1 could be a new "drop-dead" completion date. Murphy pointed out that weather could hold up construction; when asked for an estimate of time, he stated that 8 days would be fair, working steadily. Karlson moved to extend the completion date for the approved plan to the first meeting in November, 11/13; Zel Levin seconded. Lezli Rowell asked if a new Disposal Works Permit was necessary for this technology; Ms. Beebe stated that a new application would be needed and that the fee might be waived. Conditions were set on the motion:
acquisition of a new Disposal Works Permit
submission of as-built plan for Certificate of Compliance
owners to return to BOS for permission to extend, if necessary.
The vote was called; the motion passed unanimously, 4-0.
Discussion with Steve Phillips of Geiger-Phillips re: Koff property, 230 Bayberry Lane, Map 41, Parcel 236. Mr. Phillips related to the Board the history of the structure, which has a septic system designed for the 3-bedroom house and in which the family room is considered a 4th bedroom under current regulations. The owners wished to add a dining room; in order for them to do so without upgrade of septic system, the Board conditioned (minutes of 5/23/01) a septic system inspection, a deed restriction to 3 bedrooms, and a remodeling of the family room by removing its door and relocating the door to the adjacent bedroom so that access is through the family room only. (There is a difference of agreement between the 5/23/01 minutes and Mr. Phillips'
understanding of the matter as to whether the condition was to remove the family room door and to change the bedroom door or to remove the family room door or to change the bedroom door.) Mr. Phillips stated that the movement of the bedroom door is not structurally feasible and that his clients were asking for a modification of the 3rd condition (on the family room), suggesting that the family room door be removed and a closet be angled to prevent construction of a new door but leaving the bedroom doors where they now are.
Lezli Rowell felt that some other resolution must be sought, since that would still leave the family room a bedroom.
Zel Levin asked what determines that a room is considered a bedroom; Ms. Beebe explained the regulations, adding that going through the permitting process brings such problems to light. She commented that the septic inspection for the addition might point out that the house really contained 4 bedrooms.
Geoffrey Karlson asked if the family room opening could be made 5 feet wide (it is now about 42 inches wide), which would be a more significant opening without costing an exorbitant amount. Mr. Phillips suggested that he look at the possibility of a 5-foot family room entrance and come back to the Board. Ms. Beebe pointed out that 6 feet is the standard opening in such cases.
Discussion moved to whether the room contained egress windows. It was noted that while Title 5 regulations do not mention egress windows, Wellfleet does consider them.
Lezli Rowell moved to continue the proposal for purposes of researching assessor's records; Betty Kimball seconded. The motion passed unanimously.
Variance Request--Harriet E. Griesinger, 440 Old Wharf Road, Wellfleet, Map 35, Parcel 1. David Lajoie of Felco Engineering presented this proposal requesting four variances for the installation of a new subsurface septic system. Vice-Chair Karlson waived the reading of Felco's variance request letter of 8/23/02, since there was no one in the audience and all the Board members had copies. Lajoie outlined the history of an earlier building project; the owners had brought the property before the BOH in 1999 asking to be allowed to renovate the building, keeping the old septic system and leach pit (1978 codes). Ms. Rowell read into the record two letters from the BOH to Lajoie: one (1/31/00) concerning the original proposal for a new room above the garage and
elimination of 1 bedroom to retain the total of 3 bedrooms, the other (12/00) approving the project variances with conditions. Lajoie continued to outline the history of the project, which involved a series of compromises and several changes since approval. Since the BOH did not allow the existing system, he has a valid permit for an approved system. He added that after a year, the owners decided that rather than renovate the building, they would remove it and build anew; they have permission and a plan for a 3-bedroom dwelling (assessed for 2 bedrooms).
Lezli Rowell noted that the flood plain line runs through the lot. She asked if the footprint would increase with the new construction; Lajoie answered that the structure would become a two-story building of 1570 square feet as compared to the old footprint of 1300 square feet. Karlson computed that the footprint falls within 15% of the upland.
Betty Kimball questioned whether there was a water problem. Lajoie pointed out that the well had been moved from near the marsh since the water was not good (which accounts for variance #2); he added that they were now on their third well and proposed to use existing well #2. Health Agent Beebe discussed the well problems, stating that with the sodium levels, the owners should be looking at a 2-bedroom house.
Lezli Rowell moved a finding that the previous BOH approval for a 3-bedroom septic design had been voided by failure to meet the condition of that granting to provide a well of suitable quality; Betty Kimball seconded. Geoffrey Karlson suggested approval of a design plan of 2 bedrooms of any size and a third room of 70 square feet. Mr. Lajoie pointed out to the Board that if there were issues about the number of bedrooms, he needed to let his clients know. He added that they were undertaking a voluntary septic upgrade in order to do the 3-bedroom renovation and that the original plan's approval is still in effect (one story, add room above the garage). After further discussion, Ms. Rowell withdrew her motion.
Karlson moved to continue this variance request until the meeting of 11/13/02 for the purpose of further research on past decision-making; Betty Kimball seconded; the motion was unanimously approved, 4-0.
Health Agent's Report--Nitrogen Credit Discussion. David Lajoie distributed to the Board plans for a West Main Street property along with its application and plan for nitrogen credit. Health Agent Beebe explained that Lajoie needed a letter stating that the BOH approves the use of nitrogen reducing technology in Wellfleet. She continued that this was not a variance and carried no requirement for a public hearing. Lezli Rowell moved and Betty Kimball seconded approval to allow the Health Agent to handle non-variance proposals for nitrogen credit. Some discussion followed of seasonal use solutions, pressure dosing and time dosing leach areas, the biomat and saturated flow to ground water. The vote was called; the motion passed
unanimously, 4-0.
Minutes of August 28, 2002. Lezlie Rowell suggested corrections. Rowell moved and Kimball seconded that the corrected minutes be approved; the minutes were unanimously approved, 4-0.
License Signing: The Board signed licenses for the following:
Albion Rich--Disposal Installer's Permit
Harborside Village Cooperative Corporation
Maurice's Campground, Inc.
Stable Permits. The Health Agent will meet with the Smiths (see minutes of 8/28) and the Tessons (see minutes of 8/14) concerning their request for stable permits and will ask them to gather information for their appearances before the BOH. Lezli Rowell noted that the Board needed history on the Tesson property as to whether there had been horses there before. It was agreed that the Tessons would come before the Board on 10/21. Geoffrey Karlson moved to continue the Smiths' BOH order to November 13; Betty Kimball seconded; unanimously approved, 4-0.
Other Business
Geoffrey Karlson discussed the talk on water quality he presented to the Nonresident Taxpayers' Association at the Library on 9/19/02. He suggested that this presentation be used as a basis of a BOH document of the Wellfleet water quality situation in response to David Breen's earlier suggestion that each Board member present his/her philosophy on water quality in a discussion meeting.
Health Agent Beebe stated that since Breen has asked for all members' positions on water quality issues, this would be part of the October 9, 2002 agenda. She asked that members submit prepared statements to the Health Office for duplication and distribution. Agenda items will include:
Current contract with the VNA and the flu clinic program
Water
Wastewater
Ethics, protocol and procedures.
In considering future agenda topics, Lezli Rowell suggested that the Board's triggers for alternative technology should be considered under Policy; Beebe commented that BOH regulations needed to be discussed. She distributed a letter from the Cape Cod Regional Tobacco Control Program (9/16/02) describing its budget cuts and asked the Board to examine it, adding that this is the beginning of cuts in public health funding. Beebe stated that Wellfleet was under-vaccinated last year, and with the town's budget process starting, decisions on how money would be spent for health and human services would have to be "smarter."
The meeting was unanimously adjourned at 9:25 p.m.
Respectfully submitted,
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Frances J. Castillo, Assistant to the Committee Secretary
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