Wellfleet Board of Health
Minutes of Meeting of November 13, 2002
Senior Center, Long Pond Room
Present: David Breen, Chair; Lezli Rowell, Betty Kimball, Zel Levin,
Geoffrey Karlson; Emily Beebe, Health Agent
Chair Breen called the meeting to order at 7:00 p.m.
Stable Permit Application: Smith, 89 Howes Road, Map 29, Parcel 272. Health Agent Beebe recapped the progress of the Smith's application (see minutes of 4/10/02, 5/22/02, and 8/28/02), reading from the minutes of the continued hearing of 8/28; she stated that her research into similar cases had brought to light only that of Kim Smith, Payne Hollow Road, as precedent (6/98). In the Smith case, the Board voted in favor of the permit application with a lot of 28, 314 square feet and did not feel that there were significant health issues. Kim Smith still holds a horse permit. Ms. Beebe stated that in her search for precedent, the issue of 30,000 square feet was nowhere found. Lawrence Smith noted that Truro and Eastham's regulations state that a permit must be obtained for 5 acres or less
but that there is no minimum limit. He stated that the biggest issue is groundwater and that the county has checked this. Beebe added that Lawrence and Laurie Smith have a plan to control nitrogenous waste; the shavings which line the horse stall floor are barreled up and hauled away. There have been no negative reactions to the stable from abutters.
Chair Breen called for audience comment:
Tammy Micks, a direct abutter, stated she has no problem with the horse, that the area is neat and clean, and that she had attended this meeting to speak for the Smiths.
Mary Willis, another abutter, commented that she loved having the horse there, that the place is always immaculate, and that she is a supporter of the Smiths' application.
Board discussion touched upon the following:
BOH plans to have a meeting with Mr. Clark of Mass Extension concerning best management practices for control of nitrogenous waste; horse owners and abutters should attend his presentation; BOH will consider a change in regulations after this has occurred.
BOH should recall that this negotiation on the Smiths' stable permit began with an Order to Correct Violations issued on February 1, 2002, that the regulation means nothing if BOH scraps it every time it approves of the owners/horse, and that if BOH sends out an Order to Correct Violations and continues it four times, it needs to look at the regulation.
Groundwater and aesthetic impacts have been satisfied; issues have been addressed positively; precedent can be set by a positive decision but if the agreement is for a single horse for the life of the horse, this would be a special limitation for BOH approval.
The Order was not obeyed; the horse, which was to have been gotten rid of in 60 days, still remains; what is the point of having a regulation if the BOH always gives variances?
There was a process of response to the order; the county has no problems with the situation; what is the point of sticking to a regulation which does not make sense?
Since stable was originally a shed, Smiths will have to go to ZBA--make BOH approval of the permit conditional on ZBA approval.
Smiths have complied with health issues and have the support of their abutters.
Geoff Karlson moved to approve the Smiths' request for a stable permit for a single horse for the life of the horse, this permit to be revisited upon the death of this horse for Board of Health approval if another horse is desired. The following conditions apply:
Permission conditional on ZBA approval
Adherence to best management practices described in twelve points submitted with the application for stable permit (see below).
Betty Kimball seconded the motion, which passed 4 - 1 (Rowell) - 0.
Smith's List of Best Management Practices for Stable Permit
All manure removed from property weekly
All manure stored in plastic covered barrels
Corral cleaned of manure 1-2 times daily
Stall cleaned daily
Stall floor covered with rubber mats and wood shavings to prevent urine leakage; horse urinates only in stall
Corral raked and leveled 1-2 times weekly as needed to prevent puddles and mud
4 self-contained fly traps and horsefly spray regularly--horse is allergic to flies
Shots yearly--Coggins test every 2 years--wormed every 3-4 months
Have personally cared for horse for 10 years--was kept at former home for 8 years
Owner is only rider
Would like permission for this one horse--she will not be sold or replaced with another horse
No other livestock
Perkins, 170 Commercial Street, Assessor's Map #21, Parcel #90. Gary Locke of William Rogers Civil Engineers & Land Surveyors presented this request for 3 septic variances for an upgraded sanitary subsurface sewage disposal system, a pressure dosed leaching bed to be used with a Bioclere system. Chair Breen read into the record the 10/30/02 letter from William Rogers requesting these variances. Locke explained the proposed system to the Board, adding that they are trying for maximum feasible compliance with all setbacks and that the variance requests are the best they could arrange. Health Agent Beebe commented that they are looking at a Bioclere with a 50% reduction of the leaching field; she had no issues with the system at all, stating that in this site area of poor water quality this plan
would be an improvement. Beebe asked questions on the pump's horsepower (for duplex pumps) and on the actual number of bedrooms in the house and noted the discrepancy between the assessor's card, which stated 3 bedrooms, and information that the BOH had approved septic for 4.
Mr. Perkins, the homeowner, explained that his research had shown that this system was the best possible he could install, that if there were no change in ownership, there would be no necessity for upgrade, and that for 32 years the existing system had been based upon 3 bedrooms. The Health Agent explained that she was just trying to work out where the 4 bedrooms were in the floor plans; Perkins noted that the room in the efficiency apartment is a bedroom.
Discussion followed, including a question on water testing, the fact that there were 4 bedrooms in the house in the 1980's, the year for approval for 4 bedrooms (1997), commendation of avoidance of variances to other wells, comment on water-saving device note on plans, and the fact that, if approved, conditions should include proposed monitoring schedule (DEP determination). A question was raised as to whether the DEP was backing away from IA systems; Mr. Locke answered that DEP was considering not allowing IA systems for general new use but continuing to use them for remedial use.
Lezli Rowell moved, and Betty Kimball seconded, to approve William N. Rogers Civil Engineers & Land Surveyors Plan #W-02-1775A, dated 10/30/02, and to grant three variances requested in the letter from William N. Rogers, dated 10/30/02, for the upgrade of the septic system on the property cited above, subject to the following conditions:
A signed maintenance agreement required prior to installation copied to the Health Agent
Bio-clere manufacturer to be responsible for start up procedure
Monitoring and sampling per DEP direction
Limitation to the number of 4 bedrooms on the property
This restriction is to be recorded against the deed for the property at the Registry in Barnstable.
The motion passed unanimously, 5-0.
Glucksman, 165 Commercial Street, Assessor's Map #21, Parcel #118. David Lajoie of Felco Engineering represented Trevor and Kathleen Glucksman, who also attended, in this presentation of a revised proposal for a voluntary upgrade to septic system (see earlier proposal, minutes of 6/12/02). Chair Breen read into the record Felco's new letter (11/13/02), which requested five septic variances. Mr. Lajoie then listed the changes to the plan: reduction of number of bedrooms to 6, reduced leach area, and Bioclere treatment rather than a recirculating sand filter. He noted the use of alternate technology because of the proximity to the salt marsh and the public water supply for Harbor Condominiums (Parcel 116) and added that they were trying to maximize the distance from the Glucksman well and from
the wetland area. Discussion elements follow:
Information that Parcel 116's wells are two in number, used at different times
Answers to concerns on regrading low area in which system will sit: system will be mounded with an approximate elevation of 10 (up on easterly, down on westerly), grade over leaching area with an elevation of 12; must raise ground up to build the system, then cover it; will bring in clean sand
Question of "plumbed shed"--owners want to have a bathroom installed in the 18' by 15' shed; could be conditioned that nothing else would go in there
Question of number of bedrooms (assessor's records indicate 4); Mrs. Glucksman confirmed that there have always been 6 bedrooms
On gallery, studio workshop: discussion of water quality; not an issue of making pottery but of glazing; Bioclere should be more appropriate than recirculating sand filter here; clay settles out; pH is an important element to monitor here; DEP will ask for enhanced water quality monitoring due to proximity of PWS wells; DEP application--Provisional with nitrogen reduction
Site visit for bedroom count agreed to by Glucksmans
Major problem in the fact that leachfield is now nearer to PWS (from 200' with cesspools to 104' with new system): comment that the state will consider that the improvement in treatment addresses this problem; question of moving the system further away from the PWS wells into the resource; answer that this is not an option, that ConsCom mandates the 50' buffer strip a "no touch" zone
Discussion of possible moving of Glucksman's well: Mrs. Glucksman noted that their water is good and that the former owner, speaking of underground springs, warned them not to move the well-site
This voluntary upgrade affords some protection to ground water by use of alternate technology
Breen's notation that the soil profiles of the Glucksman lot were more problematic than that normally encountered in Wellfleet and his expression of some concern that one of the test holes was outside the planned location of the soil absorption system and the other test hole was at the edge; Mr. Lajoie's response that he would verify the suitability of the soil at the time of installation
Reiteration of danger to PWS wells of Parcel 116 by increasing variance to PWS well: judgment that the proposed system seems the best that can be done and needs to stick with the nitrogen reducing technology
Comment on Felco Engineering's presentation of variance numbers on the plan along with a request for clarity in such presentation
Lezli Rowell moved and Zel Levin seconded to approve Felco Engineering Plan #01245, as revised 11/7/02, and to grant five variances requested in the letter from Felco Engineering, as revised 11/13/02, for the upgrade of the septic system on the property cited above, subject to the following conditions:
No increase from number of six bedrooms on the property
This restriction is to be recorded against the deed for the property at the Registry in Barnstable
Shed to be restricted to a bathroom and not to be made habitable
Under provisional use requirement per DEP monitoring with all monitoring data to be copied to the Health Agent
Annual testing of locus well, results copied to the Health Agent.
The motion passed, 4 - 0 - 1 (Karlson).
Nealon, 89 LeCount Hollow, Assessor's Map #30, Parcel #12. David Lajoie of Felco Engineering represented the Nealon proposal for a septic upgrade with no proposed change in use; he noted that the plan meets the distance from all wells, requests a sideline setback, and conforms to all other requirements. Chair Breen read the Felco variance request letter of 10/10/02 into the record. Health Agent Beebe noted that the assessor's records show 2 rather than 3 bedrooms and that the number should be verified and approval conditioned on bedroom numbers. Geoffrey Karlson moved and Lezli Rowell seconded to approve Felco Engineering Plan #99162, dated 9/13/02, and to grant one variance requested in the letter from Felco Engineering, dated 10/10/02, for the upgrade of the septic system on
the property cited above, subject to the following conditions:
A site visit be made by the Health Agent to verify three-bedroom status
No increase from number of three bedrooms on the property
This restriction is to be recorded against the deed for the property at the Registry in Barnstable.
The motion passed unanimously, 5-0.
Preliminary Review of Proposed Changes to BOH Regulations. Chair David Breen suggested deferring this discussion until a meeting when more time could be devoted to it. Health Agent Beebe outlined a possible schedule:
January 8, 2003 Workshop preliminary to hearing
February 26, 2003 Public Hearing
Areas to be covered in the workshop were discussed, including Wellfleet as a nitrogen-sensitive zone. It was noted that further information about the Cole's Neck Water System would be helpful. Ms. Beebe described the process for creating language for a declaration of Wellfleet as a nitrogen sensitive area and stated that her goal was bringing in a draft she had submitted to Counsel for the next meeting.
Minutes of Meeting of 10/23/02. Lezli Rowell moved approved of the 10/23 minutes as amended; Geoffrey Karlson seconded; motion passed, 5-0.
Health Agent's Report. Ms. Beebe informed the Board that with the slashing of the state budget, the DEP would be cutting pieces from existing programs and laying off workers, direct public access to the State was being cut, and DEP was eliminating planned reviews from most of their projects (i.e., tight tank review). As to Innovative Alternative systems, there will be a slowing down of any new IA technologies while keeping those now accepted in general use.
Geoffrey Karlson moved for adjournment, Lezli Rowell seconded. The meeting was unanimously adjourned at 9:30 p.m.
Respectfully submitted,
__________________________________
Frances J. Castillo, Assistant to the Committee Secretary
| 
