Wellfleet Board of Health
Minutes of Meeting of October 23, 2002
Senior Center, Long Pond Room
Present: David Breen, Chair; Lezli Rowell, Betty Kimball, Geoffrey Karlson; Emily Beebe, Health Agent
Absent: Zel Levin
Chair Breen convened the meeting at 7:00 p.m.
Stable Permit, Judy Tesson, 95 Howes Road, Assessor's Map 29, Parcel 271. Health Agent Emily Beebe outlined the history of the stable permit granted by the Board to Mrs. Tesson on August 14, noting that the decision was based upon five findings. The second of these findings stated: "The property appears to have originally been a conforming lot in preceding use, a portion of which was taken by the town for the existing cul-de-sac." However, a memo to the BOH from the Town Assessor (dated 8/30/02) states: "All parcels in that subdivision are roughly ½ acre and always have been since the subdivision was created in 1965. At no time from 1965 to present has any lot been ¾ acre." The Health Agent stated that the BOH needed to reconsider its 8/14 decision, taking
into consideration that if it wished to revise the 3/4 acre requirement for keeping horses, it should have an expert such as Mr. Clark from Mass Extension come down and talk about the implications of nitrogenous wastes, at the same time bringing the horse people in on the discussion. She advised that the Board could allow the stable, adding that it needed to set up having horses on ½ acre lots by carefully controlling nitrogenous wastes. Discussion followed, touching on the following points:
Permitting for horse stables is yearly--therefore, this will be revisited regularly
Necessity for using best management practices on a ½ acre lot
Previous Finding #2 stating lot was pre-existing ¾ acre was an error and must be stricken from the list of findings
Question of whether there was a pre-existing use for keeping horses on the Tesson property
Impacts on abutters of keeping animals, such as sound and odor (testified to by an abutter's letter), must be balanced by the Board's sensitivity to abutters' issues; suggestion that permit be reduced to one horse and one dozen domestic fowl
Reading of the regulation on farm animals; question of whether ¾ acre requirement was formulated to match zoning requirements (902)
Betty Kimball moved to continue the stable permit issued to the Tessons on 8/14/02 and, on the advice of the Health Agent, to pursue best management practices through a presentation by Mr. Clark of Mass Extension, to keep abutters advised of progress, and to review the permit at the end of March with the idea of considering a revisiting of regulations. Lezli Rowell seconded. Discussion points follow:
The major finding that this was a pre-existing ¾ acre lot has proven to be erroneous; therefore, a permit to keep 2 horses and 40 domestic fowl would now be continued on a "non-fact" which the BOH would not have originally passed on a ½ acre lot. The number of animals should be reduced.
The NW boundary of the property adjoins acres of conservation land; abutters' concerns were considered in findings: moving of stable, fencing against visual and noise impacts; there could be financial hardship in getting rid of fowl to family depending on fowl for food.
The Board needs to ascertain standards for keeping animals.
Mrs. Tesson was asked if there were a second horse being kept at this time and replied there was not and that she was willing to limit to one horse. Lezli Rowell then moved to amend the motion to one horse. The motion was then called by the Chair; it passed as amended, 3-0-1 (Karlson abstained). Ms. Rowell moved that Finding #2 be excluded from the criteria established on 8/14/02 and attached to the Tesson's stable permit, keeping Findings #1, 3, 4, and 5. Kimball seconded; unanimously passed, 4-0.
Cape Shores Realty and Puritan Clothing, 282 & 286 Main Street, Assessor's Map 15, Parcels 50 & 51. For this continued hearing (see minutes of 8/28/02), information was presented to the Board by Matt Farrell of Bennett & O'Reilly. Larry Peters was also present. Chair Breen read into the record the Bennett and O'Reilly variance request letter of 10/18/02. Farrell explained that variances #5, 6, 7 and 12 have been changed because of concerns raised in the discussion of the 8/28 meeting; the engineers have opted to move the trench 24 feet north as a result of Mrs. Manchuck's concerns for her water supply; Variance #12 represents a change in design flow. Questions followed.
Responding to Ms. Beebe's question on permitting for the Singulair system, Farrell responded that it could be submitted under a Pilot Permit if reducing the leach field, that the town could stipulate the kind of testing it wants, and that it could have the same testing as on a Remedial Permit.
Ms. Beebe asked the cost of power to the unit; Farrell believed it to be about $30 per month.
Ms. Beebe asked if Cape Shores were a year-round business and was answered affirmatively; however, Farrell stated that the other business would probably not be year-round and that this might be a problem to the system. When asked if monitoring was set up in the regulations, Farrell answered that the DEP permit, when issued, would specifiy state testing requirements.
The Health Agent suggested relocating the vent pipe be addressed in order to avoid an odor problem.
Farrell stated that the leach trench was being designed to serve 279 gallons per day, a 45% reduction.
Geoffrey Karlson moved and Betty Kimball seconded the motion to accept Bennett & O'Reilly Plan #B002-3346, as revised 10/18/02, and to grant 12 variances as requested in the letter from Bennett & O'Reilly, as revised 10/18/02, for the shared sewage system of Cape Shores Realty and Puritan Clothing properties. Lezli Rowell suggested an amendment adding conditions: (1) approval under remedial use and (2) quarterly analysis for tkn, tss, bod, and total coliform standards for two years to be submitted to the Board of Health. The motion as amended passed unanimously, 4-0. Ms. Rowell asked that the Health Agent follow this up with the DEP regarding the water system for Town Hall.
Knies, 45E Street (Lt. Island), Assessor's Map 40, Parcel 35. For this continued hearing (see minutes of 8/28/02), David Lajoie of Felco Engineering presented information to the Board concerning this system upgrade requiring 11 variances and utilizing a recirculating sand filter. Felco noted that abutters had not been receptive to the BOH's suggestion of shared systems.
Ms. Beebe informed the Board that she had talked with abutter Paul Hesfelt, who was not interested in upgrading his system at this time and has no problems with his water. Mr. Hesfelt has purchased the lot behind his property to serve as a well field and has offered this to his neighbors for wells.
Discussion covered the possibility of moving neighbors' wells to the "well field lot" and the use of alternative technology in this proposal.
Lezli Rowell, stating that with the ruleout of shared systems and reaching of maximum feasible compliance she leaned toward approving the project, moved approval of Felco Engineering Plan #01229, dated 6/29/02, and granting of eleven variances requested in the letter from Felco Engineering, as revised 8/14/02, for the upgrade of the septic system on the Knies property, leaving the neighborhood well field proposal to be privately pursued. David Breen seconded. Various discussion points follow.
Use of Lot 38 as a well field affords potential to move toward using another method of achieving separations
No process exists to require use of clustered systems
Wellfleet's "frontier mentality"--taking care of one's own problems--makes the neighborhood well field suggestion for achieving separations brilliant but Utopian
There is no legal basis to compel abutters to use well field idea--must be voluntary; Wastewater Management Districts, however, would not be completely voluntary but would be established with state legislation
50-foot well variance offers a significant risk; it is the BOH's responsibility to offer an alternative, in this case clustering wells; discussion of a recommendation rather than a condition that the abutter move his well to the well field; suggestion that BOH check with Town Counsel for ways to promote such alternative solutions
Penny Newman of Cape Shores Real Estate, the listing broker for Knies, attending the meeting as an interested party, stated that buyers were loathe to purchase the Knies property until information was clear as to what was going into the ground. Upon being asked the number of bedrooms in the house, Mrs. Newman stated that it listed as a 3 bedroom, 2 bath, seasonal cottage by deed restriction. Betty Kimball, after asking if this proposal needed a DEP approval letter, proposed an amendment to the motion: a condition of quarterly inspection for rsf as spelled out in the state regulations with monitoring results to be sent to the Health Officer. Chair Breen called the vote; the amended motion passed, 3-1.
Purcell, 80 Higgins Lane, Assessor's Map 15, Parcel 109. Terry Ryder of Ryder and Wilcox, accompanied by Helen Purcell, outlined this proposal to upgrade Purcell's septic pursuant to system failure. Explaining that Ryder & Wilcox letter of 10/23/02 revised that of 10/8/02 because of an office misinterpretation of the number of bedrooms, Ryder read the revised letter into the record. Health Agent Beebe, stating that this was the BOH's first request for a SeptiTech system, went through an explanation of the system process, noting that it will involve a $15-$20 monthly electrical bill, will denitrify, and is all under ground with no above-ground vents. She added that Mrs. Purcell resides at the property year-round; this provides the best conditions for treatment. Elements of the Board's
discussion follow:
Concern expressed over 40% variance in size of the leaching system and the steep grading to the leaching area; question of better location for this system; information that a lower grade would require mounding over the system
Discussion regarding efficacy and cost of SeptiTech unit
Question on existence of "bells and whistles" to indicate when system is on and off; explanation that the system will run continuously unless the house is not being used and that, through remote telemetry and system control, a monitor can tell everything about the system except whether the air intake is active; question of built in telephone line; existence of alarm in house for overflow conditions
Note taken of typo in pump-dosing calculations in # 5 on plan.
Lezli Rowell moved and Betty Kimball seconded to approve Ryder and Wilcox Plan #8675, dated 10/23/02 under Remedial Use category, and to grant the three variances requested (2 from 310 CMR: Minimum Setback Distances and 1 from Wellfleet Board of Health Regulations) in the letter from Ryder and Wilcox, dated 10/23/02, for the upgrade of the septic system on the Purcell property. This approval is subject to the following conditions:
1. all inspection and analysis reporting to be referred to the Health Agent
submission for Department of Environmental Protection approval if required.
The motion was passed unanimously, 4-0.
Letendre, 289 Cahoon Hollow Road, Assessor's Map 16, Parcel 606. Jason Ellis of Ellis Design Company, Inc. presented this proposed septic upgrade for an existing 2-bedroom single-floor ranch house on a small lot with a 4" well in back of the lot and an existing cesspool. Ellis stated that the owner is voluntarily upgrading the system; they have relocated the well in the southwest corner and the leach area in the northeast corner. Health Agent Beebe stated she foresaw no problems, that this was an easy site for installation, and that the proposal was straight-forward. Chair Breen asked for a motion; Geoff Karlson moved to approve J. C. Ellis Design Company Plan, dated 8/24/00, and to grant three variances requested in the letter from J. C. Ellis Design Company, dated 9/17/02, for
the upgrade of the septic system on the property Letendre property, subject to the following conditions:
1. There is to be no further increase in the number of bedrooms (2).
This condition is to be recorded against the deed for the property at the Registry in Barnstable.
Betty Kimball seconded; the motion passed unanimously, 4-0.
Format for Variance Requests. After discussion of various and often confusing forms of variance requests in engineers' letter, Betty Kimball suggested that Health Agent Beebe mandate that a standard form be used.
License Signing. The Board signed business licenses (list attached).
Health Agent's Report:
Concerning the letter of 10/8/02 from Atty. Sarah Turano-Flores regarding the Barone-Chapman system upgrade, Lezli Rowell moved and Betty Kimball seconded that the Health Agent supply a letter to satisfy Ms. Flores' request that "an acknowledgment be issued by the Board that the conditions contained in the Order of July 10, 2002 have been satisfied." Unanimously passed, 4-0.
Discussion of problem of property of Audrey Danforth, 5 Holbrook Avenue, failed septic system and issuance of Notice of Violation to 310 CMR 15.00 . . . Minimum Standard for Human Habitation. Health Agent Beebe stated that she will keep the Board apprised of progress on this.
Discussion of procedures for the Public Hearing on BOH Regulations to be held on December 11, 2002, agenda for which will be set on 11/13/02. Suggestion was made that BOH discussion in a working session will be necessary before posting Regulation 508; it was decided that 508 will not be part of the 12/11/02 agenda.
Health Agent Beebe announced that the Flu Shot Clinic will be administered by Outer Cape Health (see minutes of 10/9)
Discussion of water testing accuracy, of a new process for so doing, and of BOH's involvement.
Report from Health Agent on meeting of the group on Harbor Water Quality; this group is attempting to get grant money; the Seashore Park has offered to lend staff, etc.
Minutes of October 9, 2002. Lezli Rowell moved and Betty Kimball seconded that the minutes of 10/9/02 be accepted as amended. After extensive discussion of amendment procedure, the motion passed 3-1.
The meeting was adjourned at 10:09 p.m.
Respectfully submitted,
________________________________
Frances J. Castillo, Assistant to the Committee Secretary
Business Licenses Signed at 10/23/02 Meeting
Robert Paine, d/b/a/ Paine's Campground
Jaya Karlson--massage
Green Haven Cottages
Wellfleeter Condominium Association
Finely JP's
Marcia Gaye--massage
Bodywork Plus, Carl S. Back--massage
Harborside Village Cooperative Corp.
Stone Lion Inn of Cape Cod
Wellfleet Wine Cellar & Spirit Shoppe, Inc.
Leticia Fricker d/b/a Holden Inn
Granlund Realty Trust (2)
Farrell's Market
Robert Costa d/b/a Christine's Oasis
Chritine Kelley--residential kitchen
Wellfleet Oyster & Clam Company d/b/a Oysterman's Grille & Fish Market
Blackfish Creek d/b/a Seaside Liquors
Bradley Sverid d/b/a Southfleet Motor inn
Wentzle Rumle d/b/a Wellfleet Sea Farms
Maurice's Campgrounds
Sand & Surf Gifts d/b/a Seaberry Surf
Adams Lodge AF & AM
Even'tide Motel & Cottages, Inc.
Shanem Inc. d/b/a Wellfleet Beachcomber
Rookie's Inc. d/b/a Bob's Sub & Cone
The Box Lunch
Van Renssalaer's
PJ's Family Restaurant, Inc.
Paul Fox d/b/a A Nice Cream Stop
Brailford Nixon & Jean Nelson d/b/a Holbrook House
Richard Merrill d/b/a Cape Mariner Excursions/ Naviator
Albion Rich d/b/a Rich's Farm Stand
Jeanne Woodes-Carlson d/b/a On the Creek Café
Marjorie Sayre d/b/a Brian Lane Jams and Jellies
Wellfleet Village Center, Inc. d/b/a Wellfleet Village Mobil
Springbrook Center d/b/a Wellfleet Drive-In and Flea Market (2)
Springbrook Center d/b/a Wellfleet Dairy Bar & Grill
Wellfleet Congregational Church
Three R's Corp. d/b/a Two Dollar Tees - $1.00 Shop
White Whale Enterprises, LLC d/b/a Moby Dick's
Hot Chocolate Sparrow d/b/a Chocolate Sparrow
James Rose--residential kitchen
Hatch's Fish Market
Captain Higgins Seafood Restaurant
Bookstore & Restaurant, Inc.
C. K. Smith & Co. d/b/a Wellfleet Texaco
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