Wellfleet Board of Health
Meeting of June 12, 2002
Senior Center, Long Pond Room
Present: David Breen, Chair; Lezli Rowell, Betty Kimball, Geoffrey Karlson,
Zel Levin; Emily Beebe, Health Agent
Chair Breen called the meeting to order at 7:00 p.m.
Lighthouse Restaurant: Temporary Repairs. Lighthouse Restaurant owners Bob Derow and Joe Wanco, along with Coastal Engineering representative John Schnaible, were present to request support from the Board of Health for their proposal. (See minutes of 5/8/02 for BOH approval of Lighthouse revised septic system plans). Schnaible had been told by the DEP's Christos Dimisioris that the work permit was in the mail and that the State would not allow rehabilitation of the existing leaching system. However, pointing out that the Biocleres would not arrive in New Bedford until July 12 and that installer Dennis Murphy had indicated that he would not be able to install the new leaching system immediately, Schnaible requested Board backing for the request to reinstate
the existing leaching system until fall (and that he could perhaps revisit Mr. Dimisioris with this proposition). Wanco reminded the Board of the difficulty of construction in that location during the summer season and pointed out that the change of systems requested by the DEP was economically stressful, increasing their costs to $47,000 for the Bioclere (as opposed to $15,000 for the originally planned FAST system). He added that the previous leaching field had lasted for 12 years and that he hoped that they could use the current one for 60 to 90 days longer.
Health Agent Beebe pointed out that the copies of the water readings show how much water is being used daily and that this upgrade is pursuant to an emergency repair dated July 2000, which should have resulted in a new system within 6 months. She emphasized that the current request is for another emergency repair and must be accompanied by a "drop dead" completion date so that the matter of compliance is clear. In the request for the rehabilitation of the leaching field, Mr. Dimisioris will want Mr. Schnaible to include a list of approved variances; DEP will have a standard 90-day time frame to approve the request even with local approval. She added that there is now an economic incentive to get the work done and that when the Bioclere arrives after July 12
everything should be ready to go.
Geoffrey Karlson noted that if the Board approves the variances and this goes to the state, pumping would still have to be done on the tight tank in the meantime. He inquired why Dennis Murphy saw difficulties in doing the work and was told that seasonal traffic would cause difficulties in getting in the equipment and that this work, originally planned for April and the FAST system, was not on Murphy's schedule any more. Mr. Schnaible added that Murphy should be attending to answer these questions, that he had spoken of a problem carrying the Biocleres over the leaching fields; however, he was not in attendance.
Ms. Beebe pointed out that with the change of systems, the earlier permit was void and that there would be no problem putting a new contractor on the permit. Joe Wanco stated that changing contractors was difficult in the summer and that charges on equipment and pumping have escalated. Derow stated that he felt that their project had been unfairly "singled out" by the state agency because of Wellfleet's water problems.
Lezli Rowell commented that with the 90-day technical approval, they would be pumping for 90 days without knowledge of what the state's decision would be; she expressed her regret that they were not allowed to use the FAST system. Beebe pointed out that it was a matter of nitrogen reducing in Zone 1, and John Schnaible added that it has become DEP policy to use Bioclere in Zone 1.
Zel Levin asked whether a "no" vote from the Board would put Derow and Wanco out of business and was answered that they would have to continue, that they had commitments to employees, but that they were hoping for a "yes" vote to indicate that the local BOH was behind them. Levin stated that he would approve the request.
Betty Kimball inquired whether they had communicated with an unhappy abutter about their present situation; Derow answered that their main objective was to get the Biocleres in and Wanco added that they had agreed not to disturb this abutter's property but that he did not believe that the abutter should have any sway over the timing of the work. Mrs. Kimball asked also whether the bakery shop had been closed according to agreement and was informed that the DEP had forbidden them to have a wholesale bakery selling to other businesses. To her question about when the pumping of the tight tank was being done, she was answered that it was pumped once a week, in the morning if possible.
David Breen discussed a conversation with George Heufelder, who favored a tight tank approach in the case of the Lighthouse, with audio and visual alarm monitors which would go off at 80%, monitoring everything. He asked if it were possible to live with this all summer rather than leaching. Agent Beebe stated that water use could be reconciled with pumping records. Geoff Karlson asked whether the tight tank use was on a limit.
Geoffrey Karlson moved, and Lezli Rowell seconded that the Board approve for the Lighthouse Restaurant an emergency repair request to temporarily rehabilitate the existing leach field and to continue using the tight tank until the Bioclere units are installed, with this combination of Bioclere and rehabilitated leaching area to be used until the September 15, 2002 installation of the new leach field; the granted approval is subject to the following conditions:
the guarantee that the leach field is installed between 9/15/02 and 9/30/02
the installation of the Bioclere units between 7/15/02 and 7/19/02
the requirement that repairs to the leach field be made to Health Agent Emily Beebe's satisfaction by 7/11/02
the list of variances approved in allowing emergency repair are those from the final upgrade plan (Board of Health meeting of May 8, 2002)
no leaching to the field will be allowed until the Bioclere installation is complete.
Health Agent Beebe was not completely comfortable with the proposal, stating that the state would not approve it but would not forget it, either. She felt that, in the long run, decisions such as this do not improve the Board's relations with the state and that the tight tank option was the safest even though it was expensive. Geoff Karlson commented that this project was making progress, that the owners were demonstrating good faith by giving an iron-clad commitment to complete by October 1. The vote was called; the motion passed, 4-1. John Schnaible and Ms. Beebe agreed to represent this approval to Mr. Dimisioris. Mr. Derow thanked the Board for its support.
Variance Request, Wiley, 11 Pine Point Way, Assessor's Map 21, Parcel 47. Mr. Wiley and Mark McKenzie from East Cape Engineering presented this project. David Breen read into the record the letter from East Cape Engineering (dated May 14, 2002) requesting one variance from Wellfleet BOH regulations. Mr. McKenzie explained the plan, a Title 5 septic upgrade because of the sale of the property. Because of the locations of existing wells and other septics, the only place the system could be located is at the rear of the house. The plan has been before Conservation Commission, which has approved variances requested of them. (Lezli Rowell pointed out that these would have covered different issues from the BOH variance.)
Health Agent Beebe described the adjacent land as a very densely vegetated site which had probably been very marshy at one point but was not a certifiable vernal pool--not wet at all back there. She added that there would be no significant environmental gain by use of alternative treatment.
Lezli Rowell agreed with Ms. Beebe, stating that the site conditions do not match the requirements for alternative technology. She moved to approve East Cape Engineering Plan #02-006 and to grant one variance requested in the letter from East Cape Engineering, dated May 14, 2002, for the upgrade of the septic system of 11 Pine Point Way, Map 21, Parcel 47. Geoff Karlson seconded; the motion passed unanimously, 5-0.
Variance Request, Glucksman, 165 Commercial Street, Assessor's Map 21, Parcel 118. Owners Mr. and Mrs. Glucksman and David Lajoie of Felco Engineering appeared before the BOH to present this project. (Geoffrey Karlson announced that he was an acquaintance of Mr. Glucksman but not a close one and that he felt comfortable remaining at the table.) David Lajoie explained the plan, an installation of a new septic system with no proposed increase in or expansion of the structure. He stated that the project asks 6 variances because there are only 6 bedrooms, not 7 as shown in the plans. He added that they would present revised plans in which the leach area will be reduced appropriately for a 6-bedroom dwelling with a first floor retail space for a pottery,
utilizing 660 gal/day rather than 770.
Ms. Beebe commented that in an area in which a public water supply showed some poor water quality, a proposal with a recirculating sand filter is "dynamite." Her only question concerned the number of observation points and clean-out points on the pressure dose lines, which Lajoie answered by demonstrating that all points have observation areas but that the plan illustration had grouped them into one. David Breen determined that this was a pressure distribution system. Agent Beebe asked about the maintenance aspect of the system; Lajoie replied that the choice of provider was up to the Gluckmans and that inspection would be biannually. Geoff Karlson asked about the timer settings, which Lajoie stated would be every half hour, 3 minutes on, 184 gallons 5
times. Karlson questioned which PWS the 96' variance served and was answered that it was the Wellfleet Harbor Condos.
Ms. Beebe stated that the state will have to examine this project for the PWS, but if the state was comfortable with BOH approval, she would be also. Karlson wondered about increasing the variance to the PWS.
Lezli Rowell asked, concerning the pottery use, if there were a danger of clay slip to this system; David Lajoie cited the Andres property as a similar situation in which it had been concluded that it was almost better to dump it out on the ground. Mr. Glucksman explained that in his process everything fell to the bottom, the clear water was poured off, and the remainder reused. Lajoie added that this process used a trickling filter and there was no problem with clogging.
Ms. Rowell suggested a site inspection for this application to verify the existing bedrooms.
Zel Levin asked if ConsCom had approved the project and was told they would review it next week.
Betty Kimball spoke of the discrepancy in the acreage on the plan and a suggestion from the county that there should be a policy of putting alternative systems on the construction deed. She agreed with Ms. Rowell that there should be a site inspection.
David Breen, citing the importance of monitoring systems on pressure systems, asked if there were such a monitor? Lajoie described monitoring systems which could be included.
Geoff Karlson asked if any construction issue prevented the movement of the leach field below the shed. Lajoie stated that there was no problem construction-wise, but it would be within 50 feet of the bank. The question of whether it was more desirable to lose 50 feet from the marsh and gain 50 feet from the PWS was proposed to the Board.
Betty Kimball moved that approval of the Glucksman plan be continued to a future date and that a site inspection be scheduled before reconsideration. Lezli Rowell seconded the motion; it passed unanimously, 5-0. A neighbor spoke favorably from the audience of the Glucksmans as neighbors. The continued hearing was tentatively scheduled for 6/26 (later changed to 7/24).
Site Inspection Discussion. Ms. Rowell suggested that a site inspection be done before consideration of any plan before the Board. Health Agent Beebe explained the site inspection process used by the ConsCom and stated that the process was a good idea if the Board could manage to do it; she also suggested that her attendance at the perc test could be substituted for a board site inspection. It was agreed that it would be valuable if even a few Board members could get to an inspection and that a site inspection would be done on the Glucksman property (later scheduled for 7/24/02).
Health Agent's Report.
Ms. Beebe reported to the BOH on the progress of Lema's Market. After the last inspection, she stated, the owner had complied with that inspection's requests, cleaning up counters, packaging expired foodstuffs for return to retailers, getting rid of refrozen food from the faulty front freezer. The Barnstable County inspector has visited the store three times; there will be a return visit to evaluate the front freezer and the meat freezer. Beebe commended the county Summer Sanitarian, Hilary Greenberg, who does the restaurant and pool inspections.
Ms. Beebe announced that a Hazardous Waste Collection Day at the transfer station would take place on Saturday, June 15.
Betty Kimball suggested that a letter be sent from the Board to the South Wellfleet General Store regarding the selling of cigarettes to a minor (reported to the BOH by the Cape Cod Regional Tobacco Control Program).
Even'Tide Motel. A short discussion of the Even'Tide Motel's septic system, suggested by Leslie Rowell as a follow-up to an earlier site visit by the Board, then ensued. To Geoff Karlson's question of whether the Board should be discussing this without a request, Rowell replied that the Board had been asked by the ZBA to take a look at the Zone 1 of the well and that questions regarding the accuracy of location of the septic system and the safety of the Zone 1 if the tank and leach field had been moved have arisen from this visit. She stated that the site and septic plan on file does not match what seems to be there. Health Agent Beebe suggested an investigation of the "as builts," on file in the Health Office, which were attached to the property
when it was inspected for sale. Rowell exphasized that there was confusion about what exists on the property. Karlson stated that he hesitated to inflict the financial burden of a site and septic plan on the owner and asked if there were a health issue involved. Health Agent Beebe suggested that a letter be sent to the Even'tide owners inviting them to attend the first BOH meeting in August to go over the plans with the Board and establish locations. Rowell recommended that another item that should be covered was the leaching of pool water into the Zone 1; Beebe stated that Rowell's concern over the decks and spiral staircases in the A-frame housekeeping cottages should be referred to the Building Inspector.
Wastewater Implementation Committee. Ms. Beebe has been appointed to Barnstable County's Wastewater Implementation Committee; she discussed with the Board the various attitudes of lower cape towns towards wastewater management and stated that she would bring more concrete information on the committee's plans to the next meeting. She added that a #1 priority for Wellfleet should be the setting up of a nitrogen study for the harbor, which could perhaps be partially subsidized by Barnstable County and could use their lab. Brian Dudley, who also works on the Estuaries Project, will help set up this program, which would stagger the testing to analyze how the groundwater is affecting the bay. Betty Kimball suggested that perhaps county surplus funds might help fund
the harbor study.
License Signing. The Board signed the license for Farrell's Market (formerly D & D).
Appreciation Breakfast and Open House for Wellfleet Board, Committee, and Commission Members. Ms. Beebe announced that this appreciation breakfast would be held on Thursday, June 27, from 8 to 10 a.m. at the Senior Center.
Bobby Martin's Installer's Test. The Board discussed the installer's examination to be given to Bobby Martin as part of the conditions for reinstatement of his septic installer's license in Wellfleet. It was agreed that a policy should be established for such a test.
Geoffrey Karlson moved and David Breen seconded adjournment of the meeting, which closed at 9:55 a.m.
Respectfully submitted,
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Frances J. Castillo, Assistant to the Committee Secretary
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