Wellfleet Board of Health
Minutes of Meeting of December 11, 2002
Senior Center, Long Pond Room
Present: David Breen, Chair; Betty Kimball, Lezli Rowell, Zel Levin; Emily
Beebe, Health Agent, Erik Mitchell, Assistant Health Agent
Excused: Geoffrey Karlson
Before the meeting was called to order, Helen Miranda Wilson distributed material entitled General Questions for Evaluating Property (by Helen Miranda Wilson, taken from a discussion about developing criteria for land use during an Affordable Housing Task Force meeting on February 26, 2002. Third Draft December 10th, 2002). During a break in the meeting, Ms. Wilson explained the significance of this material to the BOH.
The meeting was called to order by Chair David Breen at 7:00 p. m.
Variance Request: Roger Cacchiotti (formerly Gift property), 180 Commercial Street, Assessor's Map #21, Parcel #81. Matt Farrell of Bennett & O'Reilly, Inc. represented the owner in this request for variances for an upgrade to Title 5 system pursuant to the transfer of deed. Chair Breen read the Bennett & O'Reilly letter of 11/27/02 which requested 8 variances from Title 5 310 CMR 15.00 and local sanitary regulations. Farrell explained that this project had come before the BOH about 1 ½ years ago; the property was then owned by Ms. Virginia Gift and has since been purchased by Roger Cacchiotti. He noted that the S.A.S. has been located at the rear of the building, the best location in respect to all of the wells. At the earlier Gift hearing, this placement was not possible
because access could not be gained; however, the property to the north has changed hands and the new owner, Mr. Perkins, has agreed that his driveway can be used for the septic project. Farrell noted that the well water on the property is problematic, that a new well has been drilled but not hooked up, relocated from the basement to the front yard. He wished, however, to stick to discussion of the septic system at this meeting and gain BOH approval for that aspect of the plan. Adding that he needed to do further research on the well, his tentative proposal was to treat enough water for nitrogen removal at point of use for each of the two kitchens (up to 25 gallons/day). He continued that he will file a septic plan with the state and proposes to use alternative treatment--a Microfast system--to a pump chamber.
Health Agent Beebe commented that she approved of the BOH dealing with this proposal as two issues: septic and well. She added that the well shown outside tested at 9.4 ppm and that the well in the house was worse with 12.3 for nitrates. She noted that it might be necessary to drill a new well, since water quality would be a problem. Beebe questioned that the proposed Fast system would be accepted for remedial by the DEP, suggesting that a Bioclere unit would be the only system acceptable for nitrogen removal. Commenting on Plan Note #6 (2nd #6) on Soil Removal, she asked for a revision for full removal on the north, south and east sides.
Questions and discussion ensued from the Board, including:
question about the misnomer of "existing well" on the plan--are existing and proposed well the same?
question of whether the new well will have better water, be deeper? (answer: 35 feet deep); comment that sometimes nitrates get into water at shallow horizon
driveway locations?
request that mention of Distribution boxes be eliminated from plan notes, since a pressure distribution system does not have a Distribution box
questions on area of S.A.S, soil test log, perc layers
determination that alarm is on separate circuit
comment on water that a pH of 5.6 is extraordinarily acidic
question on the "blocked out" notes on soil removal; Farrell explained that this was so people doing the job would read the notes
why Fast Unit? Farrell responded that he would revise this using something which the DEP would accept for remedial
suggestion, since design flow is short of 440 gal/day, of going to a 3-bedroom single family home to gain an appropriate design flow (perhaps removing a wall between 2 of the bedrooms to produce 1 large bedroom) and condition of application to treat domestic water point of use rather than achieve potable well results would be a "no rental," as point of use does not satisfy the habitations code; Farrell pointed out that this might not be an acceptable solution to the new owner, who had just purchased this as a 4-bedroom home to use as a single family residence rather than 2 apartments.
discussion of ownership of Parcels 89 & 104
question of necessity for a new plan in general; Farrell's promise to revise the existing plan and come back to the BOH with water test results for the well in front
comment that while it was not worth the owner's while to wait for the possibility of sewers, there might be some possibility of sign-on with a water system; Health Agent's rejoinder that there would be a need to qualify, that all other options would have to be exhausted; the additional possibility that the well chosen for municipal buildings would not be large enough for "add-ons"
Agent Beebe noted that it is addressing the idea of remedial use to allow the smaller system to handle this; in regard to water supply, she noted Farrell's idea of putting point-of-use in each of the two kitchen systems and discussed implications, commenting that perhaps he might come back to the next meeting with alternatives (maybe approaching Mr. Perkins regarding a new well).
Chair Breen complimented Bennett & O'Reilly on the format of their variance request, noting that this format was what the BOH wished to see in such letters and on plans.
Lezli Rowell moved and Betty Kimball seconded the continuance of this hearing, allowing the engineer to redraft the septic system proposal and bring back well data; the motion passed unanimously, 4-0. The continuance will go on the agenda for the next meeting, January 8, 2003.
Preliminary Review of Proposed Changes to BOH Regulations. Lezli Rowell, with the BOH's assent, distributed material proposing changes to several regulations and read them aloud, discussing each proposed change with the Board. Some discussion comments follow:
Change to 302--Definition of Bedroom--alterations to (c) and to "the following are not considered bedrooms . . ." -- element of conforming egress window an important safety feature in a bedroom; question of whether Building Inspector should comment on this; question of who reviews in "shall be reviewed for applicability of bedroom definition." Ms. Beebe pointed out that the BOH should think hard about clarity in these definitions. Consensus agreed that the language should be improved. Chair Breen suggested that Lezli Rowell and the Health Agent should form a subcommittee to "wordsmith" these changes; the Board agreed.
Change to 607--Reasons for requiring use of nitrogen reducing system--alteration to (b) ". . . Zone II of a PWS well as delineated by hydro-geologic survey conducted by a qualified professional"; Erik Mitchell noted that DEP has mapped Zone II's in Massachusetts; their records might conflict with the above-mentioned survey. Suggestion was made that notation of alternative systems should be recorded on property deed so that any potential buyer should be aware of the obligations of monitoring and maintenance before purchase. Health Agent Beebe informed the Board that a compound called Nitrex can be added to a system that is not conforming; this compound works to reduce nitrogen loading.
608--On marginal lots, BOH shall consider only "upland" as lot area for purpose of calculating design flow--no language changes here, but since this regulation proposal was not posted on the 3/27/02 public hearing, this allows an opportunity for public input. Health Agent Beebe pointed out that it is not legally required to post all discussion elements on the agenda; Ms. Rowell advanced argument for open posting of everything on the agenda. Eric Mitchell pointed out the necessity for clarifying wording.
Agent Beebe, referring to information she had prepared and distributed to the Board in meeting packets, explained her proposed language changes; discussion elements follow:
603--Septic Inspection--omission of BOH approval of Registered Sanitarian or Professional Engineer; discussion of minimum separation--4 feet or 5 feet to observed ground water?; comment from Rowell that applying this only to deed transfers of ownership makes it "non-Draconian," since it can be seen as not going after everyone who might be in technical failure. Discussion of definition of failed system in 302--2 pumps a year (unless simple maintenance) does trip a flag; necessity for clarity in writing re: cesspool in deed-transfer situation plus addition of less than adjusted 4 feet separation.
Proposed new 611 (609?)--No variances to Title 5 shall be allowed for new construction. Agent Beebe pointed out that new construction needed to be held to a higher standard, that existing problems should not be let in the door. Discussion followed of Title 5 as a method of controlling density. Erik Mitchell commented that a softer approach might be to prohibit subdividing on lots recorded at the Registry after a certain date. Suggestion made to add a definition of subdivision. Consensus of Board was to support "no variances" proposal for new construction, subject to small deviations. Rowell supported no variances to resource and well setbacks, vertical groundwater separation for new construction, but felt that disallowing lot line and
cellar wall variances could constitute a taking of property.
Adjustment of fees--Ms. Beebe proposed a re-inspection fee on septic system installations be charged at $100.00 and a partial inspection be charged $50.00; the Board members agreed.
Designation of Wellfleet as a Nitrogen Sensitive Area. Ms. Beebe discussed with the Board her proposal to designate the Town of Wellfleet as a nitrogen sensitive area, stating that she is working on a position paper of this subject. Noting that 310CMR 15.214 mandates a 440 gallon/day limit per acre, she informed the Board that Barnstable's nitrogen loading restriction is 330 gallons/day and that Chatham is also higher than the state mandate. To the statement that the whole state has been following 214.2, Lezli Rowell commented that the BOH should take note of the fact that the DEP has found fault with communities adopting more stringent policies than those of 15.214. Rowell inquired of the Health Agent whether the intent of the state regulation for Nitrogen Sensitive Designation is to
protect the well resource or the groundwater resouce, to which Ms. Beebe answered that it is the well resource. Rowell asked to be provided with more information regarding local adoption of Nitrogen Sensitive Designation as occurred in 1995 and history of Cole's Neck water system. Chair Breen suggested that the BOH move ahead on the Health Agent's position paper and on answering questions posed during this evening's discussion. Lezli Rowell moved and the Chair seconded that the above discussion of regulations' changes be ongoing at subsequent meetings and that the subcommittee work on "wordsmithing" of agreed-upon changes. The motion passed unanimously, 4-0.
Minutes of meeting of November 13, 2002. Lezli Rowell moved and Betty Kimball seconded acceptance of the minutes of 11/13/02 as amended. The motion passed, 4-0.
Signing of Business Licenses. The Board signed various business licenses and food services permits (see list below).
The meeting was adjourned at 9:45 p.m.
Respectfully submitted,
_________________________________
Frances J. Castillo, Assistant to the Committee Secretary
Business Licenses and Food Service Permits Signed on 12/11/02
Cumberland Farms
Joseph Lema & Son, Inc.
Consider the Lilies, Inc.
The Blue Willow
Sweet Seasons, Inc.
Chequessett Yacht & Country Club
Maurice's Campground, Inc.
Jennifer & John Fitzgerald d/b/a/ Tagan's Cottages
Wander Inc. d/b/a Lighthouse Restaurant
Elder Services of Cape Cod & Islands, Inc.
Certified Massage Therapist, Paulette Abdow
Fobro Inc. d/b/a Flying Fish Cape
Arthur Joseph Rubbish Collection
Wellfleet United Methodist Church
High Toss Pizza and Café
Wellfleet Center Corp d/b/a Aesop's Tables
Mass Audobon Society d/b/a Wellfleet Bay Wildlife Sanctuary
Gutsy Bender's, Inc.
Wellfleet Harbor Seafood Co., Inc. d/b/a Mac's Seafood
Attaboy Septic Service -- Paul Lothrop
Borthwick & Summers
Cape Cod Septic Inspection
Matt Carroll & Daughters
J. B. Dubis & Sons, Inc.
GC Inc Custom Builders
Robt B. Our Company
FL Quinn Construction
John Rice, Inc.
Wellfleet Marine Corp.
AMA Excavating
Cape Cod Excavating, Inc.
Paul S. Daniels
John F. Noons
Albion Rich
FS Rich Excavating
Sand Dollar Enterprises d/b/a Ken Rose Septic
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