Wellfleet Board of Health
Minutes of Meeting of May 22, 2002
Senior Center, Long Pond Room
Present: David Breen, Chair; Lezli Rowell, Betty Kimball, Geoffrey
Karlson, Zel Levin; Emily Beebe, Health Agent
Chair David Breen convened the meeting at 7:02 p.m.
Request for Stable Permit: Existing Stables of Smith and Tesson, 85 & 95 Howes Road, Map 29, Parcels 271 and 272. Laurie Smith and Judy Tesson appeared for this request for a joint stable permit (see minutes of 4/10/01); Smith produced the green cards and abutter list from the mailing of the hearing notice and her horse's shot record along with a letter from her veterinarian attesting to the health of the horse. Ms. Tesson explained that their proposal involved connecting two corrals between their two properties but that they preferred that the horses did not mingle; they planned to share the permit but to keep separate corrals. It was stated that Building Inspector Asmann's position was that they should get a zoning permit from the ZBA to change their sheds
to stables. Smith stated that she would have to get a variance for use.
Health Agent Beebe reviewed the submissions: the manure plan, the well situation (not endangered), letters from abutters both pro and con. David Breen read into the record a faxed letter from the Weinmanns (5/16/02) stating their opposition to the stable, their complaints about the Tesson's keeping of fowl, and their request that the hearing on the stable be postponed until June.
Discussion of Tesson's chickens, ducks, and horses ensued. Judy Tesson explained that they kept the chickens for eggs, that the ducks were her daughter's pets, that that they have been taking care of Heather Morse's horse. She added that the heat of last summer caused the odor of which abutters complained and that the soil has been cleared away and removed for use in gardens. The Tessons intend to move the fowl to another area away from the Weinmann's property.
Chair Breen called for Board comment. Betty Kimball stated that a letter should be sent to the Weinmanns along with BOH regulations and a statement of Mrs. Tesson's plans. Zel Levin asked, concerning the odors, if it was a function of the BOH to check the atmosphere. Lezli Rowell, regarding the Weinmann's letter, stated that she agreed the permits should be treated separately. She viewed permitting two stables on one permit as a contrivance and felt there should be a permit hearing for each. She added that the mechanism should be variances and suggested continuing the hearings until fall.
Geoff Karlson asked if Tessons kept more than the maximum of 6 fowl allowed (without permit) in BOH regulations and advised Ms. Tesson that she needed to apply for a permit for her fowl. He asked if there would be limit on the number of horses kept and was answered that it would be three: Smiths will have one, Tessons two. Both parties were willing to stipulate a limit on the number of horses. Karlson stated that he supported animals and farming but that the neighborhood did not contain 20-acre parcels; he also understood the abutters' concern over ground water. He suggested monitoring the situation with the abutters over the summer season.
Betty Kimball felt that the BOH should find out about the readings for the Weinmann's well (cited in their letter). Lezli Rowell suggested well readings plus inspection of the Weinmann's site and septic plan to determine whether this played a part in their water concern. Chair Breen agreed with Karlson's point on water monitoring. Zel Levin asked if the BOH would be depriving the petitioners of their stable while it continued discussion of the problem. Karlson suggested that the Board approve as a maximum the number of fowl that they already possess plus three horses and work with the abutters over the summer.
Health Agent Beebe stated her hesitation to allow the horse permits right now but asked if the BOH would definitely approve the fowl. Lezli Rowell moved that the Board continue the Smith public hearing (on the BOH Order to Correct Violations of February 1, 2002) to the first BOH meeting in August (8/14/02) and further moved that the Tessons begin the public hearing process with abutter notification to apply for their own horse stable permit and a permit for keeping fowl. Betty Kimball seconded. David Breen asked for comment on fowl from the audience; hearing none, he called for the vote. The motion passed 4-1.
Proposed Subdivision: Alexandra and Marusya Chavchavadze, Moses Hinckley Road, Assessor's Map 29, Parcel 283, 6 lots proposed. Richard Lay of Slade Associates presented this plan for a 6-lot subdivision with one building lot. Lay stated that the purchase of 4 of the 6 lots for conservation land had been approved by Town Meeting vote in April and the subdivision plan should be approved by the Planning Board at a May 29 meeting. Lot 3 will be developed as a single-family house lot, lot 2 already has a house and approved septic; those two lots are exempt from the conservation restrictions which apply to all the other lots. Lay added that time is a factor in the agreement with the town and, therefore, in obtaining necessary approvals for the subdivision. Chair Breen asked the Board its opinion, which was favorable. Geoff Karlson moved that the Board of Health accept the Chavchavadze Subdivision plan (Slade plan #2002-55; 5/2/02) as presented; Lezle Rowell seconded. The motion
unanimously passed, 5-0. Lay requested that a letter be send to the Planning Board signifying this approval.
Septic Variance Request for Elizabeth Larsen, 112 West Main Street, Wellfleet, Assessors' Map 14, Parcel 36. Ms. Larsen's proposal was presented by Tim Brady of East Cape Engineering. David Breen read into the record the letter from East Cape (dated 4/11/02) requesting one variance to Wellfleet BOH regulations and three variances to Title 5 requirements. Mr. Brady stated that Conservation Commission has reviewed and approved this project, which involves replacing existing cesspools with a Title 5 system (for three buildings with a total of eight bedrooms) and installing a new well. This upgrade is pursuant to the transfer of the deed. He added that they have sited the septic system as far from all area wells as possible. As an offset to the
reduction in the setbacks to the crawl space foundations, they plan to install a vinyl liner. Mr. Brady read to the Board his letter concerning the reasons he did not feel it necessary to use alternative technology for this project.
Health Agent Beebe asked why the proposed well had not been located more to the west and wondered about the seasonality of the cottages and whether they would stay seasonal. She discussed George Heufelder's opinions on alternative technology and seasonal use dwellings.
Mr. Brady stated that one of the buildings is used year-round. The prospective owner, asked if the cottages would remain seasonal, was not yet sure; she had been considering aiding affordable housing in Wellfleet by using them as Affordable Accessory Dwelling Units, but she stated that she hadn't a particular intention at this time. Brady added that the bordering vegetational wetland is almost a sponge in this case and contains no open water.
Betty Kimball asked whether they planned to remove or abandon the existing well; Brady replied that whichever happened, the water would not be used. In reply to Mrs. Kimball's question on the water quality, Ms. Larsen answered that they have no current results. Kimball asked the dimensions of the eight bedrooms and was told that they were small.
Zel Levin asked if there were objections to this plan from the abutters present; no objections were voiced. He asked Ms. Beebe if there was danger to health in approval of the variances and was answered no.
Discussion then covered amount of upland in the lot (undetermined), type of water in wetland (fresh to brackish), necessity for tests for water quality/nitrate count (unknown), the efficacy of an alternative system if the buildings were to be used year-round, and the difficulty of making a decision without knowing how the cottages will be used.
The purchaser of this parcel stated that she is facing deadlines and tenants arriving; she is unsure whether she wants an alternative treatment with "raised bed." She continued that her purchase offer was made with an agreement that the summer rentals and a year-round rental will be hers and she cannot close until the Title 5 project is resolved.
Health Agent Beebe suggested that it would be best if the BOH made a decision this evening.
Geoff Karlson stated that this is an area where the town has a concern with water quality and the fact that part of the property rented year-round recommends an alternative system. Beebe addressed his concern for water testing by stating that since the well is being moved, it is not possible to gain evidence of that water quality.
Lezli Rowell read the BOH regulation which deals with the triggers necessitating alternative technology, stated that she did not see this plan as a health hazard to the marsh, since reduced leaching area had not been named in the regulation, and stated herself willing to pass on alternative technology. Ms. Rowell moved to approve East Cape Engineering Plan #01-255, dated 4/8/02, and to grant all variances requested in the letter from East Cape Engineeering, dated 4/11/02, for the upgrade of the septic system on the property. Geoffrey Karlson seconded; the motion passed unanimously, 5-0.
Septic Variance Request for Lisa Hull, 50 Aaron Rich Road, Assessor's Map 29, Parcel 276. Terry Ryder of Ryder and Wilcox presented this proposed Title 5 septic upgrade to a failed system for a three-bedroom house in which two people are living; Ms. Hull was also present. David Breen read into the record the letter from Ryder and Wilcox (dated 5/6/02) requesting one variance. Mr. Ryder discussed the fact that he had not used a nitrogen reducing system in this plan; he had been unaware of the new Wellfleet Public Water Supply regulations, which affect this project since its proposed leaching area will be within Brownie's Cabins' Zone II. He pointed out that recent results for the Hull well showed a low nitrogen level of .7 and that the groundwater flow is
probably away from the PWS well.
Health Agent Beebe noted that R & W would be sent a copy of the new regulations, that Brownie's needs to reinstate its PWS with the DEP, and that its Zone II encompasses pretty much the whole neighborhood.
Geoff Karlson asked that the new regulation be read and noted that this situation would fall into the Zone II requirement [607(a)].
Ms. Beebe stated that if the project were allowed to go as a variance, it would need a deed restriction.
Lezli Rowell asserted that Brownie's needs to protect its own Zone II, do the studies, and get those definitions in place. She commented that she would prefer to see Mrs. Hull get permission to upgrade her septic. Karlson stated that this would be an upgrade, not a new system, and that if the ground water flow is away there should not be effluent going into Brownie's well.
Agent Beebe stated that before approval, the Board should consider conditions and findings: water quality absent of bacteria; nitrates .7; septic system outside Zone I; quantity of water appearing adequate.
Chair Breen discussed the fact that the nitrate level, while satisfactory in this one test, might change; he suggested denitrification.
Setting conditions, Ms. Rowell suggested restricting design flow to three bedrooms, stating the structure was less than 15% lot coverage, and a restriction to habitable floor area would violate zoning rights. Mrs. Hull stated her agreement with the three-bedroom restriction. Beebe added that if denitrification is not required, limiting use to three bedrooms is important.
Zel Levin asked what would compensate for the difference in the variances from the property line and was answered that, since complete compliance with the setback regulation is not possible, the plan gets the system as far away from the wells as possible.
Lezli Rowell moved to approve Ryder and Wilcox Plan #8551, dated April 15, 2002, and to grant the variance requested in the letter from Ryder and Wilcox, dated May 6, 2002, for the upgrade of the septic system on the property cited above, subject to the following conditions:
There is to be a restriction to three bedrooms, recorded against the deed for the property at the Registry in Barnstable.
Variance to Regulation 607(b) (Zone II setback) is granted because Brownie's Cabins has no defined Zone II (per full hydro-geological survey).
The presumed groundwater flow is to the southwest away from the well.
Provided the water quality and quantity of the locus well are adequate.
Geoffrey Karlson seconded the motion; the motion passed, 4-1.
Continuance of request to upgrade septic system: Douglas Sparrow, 90 Pond Avenue, Assessor's Map 29, Parcel 385. David Lajoie of Felco Engineering presented this proposal (see minutes of 5/8/02); Mr. Sparrow was also present. Lajoie related the history of the project and distributed a letter (5/15/02) to the Board explaining his reasons for not choosing alternative technology for the septic system being upgraded along with construction of a proposed addition to the existing structure. Lajoie then presented the proposed building plan, stating that the basement does not change, that Mr. Sparrow has no intention of using the attic space as living area, and that they are not changing the number of bedrooms but changing the square footage. He added that Mr.
Sparrow is willing to replace the present septic system, which is in satisfactory working condition and conforms to Title 5 regulations, with a new Title 5 system as a voluntary upgrade.
Geoffrey Karlson asked if this was a request for a variance from the use of alternative technology. A discussion followed of what triggered use of such a system. Karlson stated that they were not creating new bedrooms or changing the commercial state; however, Lezli Rowell pointed out that this was clearly within 100 feet of a wetland area, which triggers alternative technology. Lajoie noted that there had been a septic inspection. Ms. Beebe commented that the results of this inspection seemed to indicate to her a vertical separation failure, which had started the process for septic upgrade. Karlson noted that if the BOH determines that modification was required to get a five foot separation, then denitrification is indicated.
Ms. Beebe read aloud a letter from abutter Jim Jekyll expressing concern over the added sewage load to the marsh near Drummer's Cove and the "pond" in the marsh. Karlson inquired about water quality testing.
Lezli Rowell moved that the Sparrow hearing be continued so that Mr. Lajoie could prepare another set of plans using alternative technology. Betty Kimball seconded; the motion passed unanimously, 5-0.
Proposed Policies and Procedures. The Board entered a discussion of policies and procedures suggested by Betty Kimball's memo to members (5/15/02); the major concern was the submission of written information for discussion in a timely enough fashion for Board members to be able to read and study it before an upcoming meeting. Mrs. Kimball noted that she could not make a decision on extensive written information received at the time of a meeting and recommended policy be established that any information to be considered in a meeting be submitted to the Health Agent in ample time for copies to be made for the agenda packets. Lezli Rowell commented that family responsibilities made it difficult for her to get information prepared before the day of meeting. Suggestions ranged from tabling discussion until recently received material could be studied to production of a packet two weeks ahead of time for each Wednesday meeting. Agent Beebe cautioned that, in the case of the latter
suggestion, the time lines for meetings would change and the agendas would become more rigid. Geoff Karlson suggested that all information should be in to the Health Office by Wednesday morning at 10 a.m. Ms. Beebe suggested scheduling meetings by topics: e.g., variances, etc. on the 1st meeting of the month, wastewater management for the 2nd meeting. Mrs. Kimball reiterated that definite policies were necessary for the Board's business to run smoothly. Karlson moved and David Breen seconded that as explicit policy all written materials be made available at the Health Agent's office by 10 a.m. on the Wednesday of meeting. The motion passed, 4-0-1.
Other Business
A discussion ensued of a letter (responding to Mr. Judge) written by Chair Breen concerning the Robert Martin matter (see minutes of 5/8/02); Mrs. Kimball suggested that Chair Breen consult with the Health Agent concerning the Board's suggested corrections and send the letter.
The members of the BOH signed various business licenses.
Health Agent Beebe reported to the Board on her inspection of Lema's Market, distributing the inspection report and commenting on the issues contained therein. She stated that this inspection, done in conjunction with Sean O'Brien of the Barnstable County Health and Environment Department, had turned up serious violations which must be addressed immediately and asked the Board's support if it became necessary to shut down the market. The Board agreed to support the Health Agent, recommending shutting down for the Memorial Day Weekend if the most serious offenses had not been corrected.
Minutes of May 8, 2002--Betty Kimball moved and Zel Levin seconded approval of the minutes as amended. Passed 5-0.
Chair David Breen moved for adjournment; Geoff Karlson seconded. The meeting was adjourned at 10:15 p.m.
Respectfully submitted,
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Frances J. Castillo, Assistant to the Committee Secretary
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