Wellfleet Board of Health
Minutes of Meeting of September 22, 2004
Senior Center, Long Pond Room
Present: Richard Willecke, Chair; Lezli Rowell, Anne White, Ken Granlund Jr., Alex Hay; Erik Mitchell, Assistant Health Agent
Excused: Emily Beebe, Health Agent
Chair Willecke called the meeting to order at 7:00 p.m. The meeting was tape-recorded.
Minutes of August 25, 2004
Lezli Rowell moved to approve the minutes of 8/25/04 as amended; Willecke seconded; the motion carried, 4-0-1 (Ann White abstaining)
Title 5 Variance Requests
Goldstein, 279 Holbrook Avenue, Assessor’s Map 14, Parcel 147 (cont.)
At the last meeting the Board had read into record Jason Ellis’ letter of request for seven (7) variances required to upgrade the system in conjunction with the property transfer. Jason Ellis of J. C. Ellis Design represented Paul & Diane Goldstein. He assured the Board that the variance requests are the same but called attention to the Advantex septic system per local BOH Reg. 607. Lezli Rowell moved to approve the J. C. Ellis design plan as revised 9/12/04 and grant the variances requested in the letter of 7/31/04 for the upgrade of the septic system to serve a 4 bedroom, grandfathered, non-conforming dwelling (with respect to the Nitrogen Loading limitation) subject to validation of existing bedrooms by the Health Department and the following conditions:
1. Design flow is limited to 465.7 gpd to serve four bedrooms.
2. No increase of habitable area without BOH review, per lot size of 7,838 square feet.
3. The new well shall be connected and put in service under the benefit of proper plumbing and electrical permits, and the well shall be tested and found potable, with results copied to the Health Department, prior to the issuance of the Disposal Works Permit.
4. Any restriction in design flow and all conditions shall be recorded against the deed for the property at the Registry in Barnstable, and proof of conditions deed recorded shall be submitted to the Health Department prior to the issuance of the Disposal Works Permit.
5. Per ‘Remedial Use’ approval of Orenco “Advantex ZX 20” denitrification treatment,
a copy of a 3-year operation and maintenance contract with a certified wastewater operator shall be submitted to the health Department prior to issuance of the Disposal Works Permit.
Monitoring shall include testing the effluent for the following parameters: temperature, pH, nitrate, ammonia and TKN. The influent shall be sampled for these parameters once annually.
The schedule for monitoring shall be quarterly for the first 2 years of operation, semi-annually for the next 2 years, and 1 sample annually from then on.
Upon transfer of deed this schedule shall be restarted.
All results copied to the Health Department. Any other sampling per DEP approval.
Richard Willecke seconded; the motion passed, 5-0.
Duane, 348 Main Street, Assessor’s Map 14, Parcel 17 (cont.)
The Board read into record Jason Ellis’ letter of 8/20/04 requesting five (5) variances required to upgrade the system in conjunction with the property transfer. Jason Ellis of J. C. Ellis Design represented John Duane for this proposal for a FAST system which will go inside the H-20 rated tank located under pavement. Ellis explained for the Board some of the differences between Advantex and FAST alternative systems. Lezli Rowell moved to approve the J. C. Ellis Design plan as revised and dated 9/10/04 and grant the variances requested in the letter of 8/20/04 for the upgrade of the septic system to serve a 4 bedroom dwelling with 450 square feet of retail space as grandfathered and non-conforming (with respect to the Nitrogen Loading limitation) subject to validation of existing
bedrooms by the Health Department and the following conditions:
1. Design flow is limited to 464.7 gpd to serve four bedrooms and office retail area.
2. There is to be no conversion of use without Board of Health review
3. The new well shall be connected and put in service under the benefit of proper plumbing and electrical permits, and the well shall be tested and found potable, with results copied to the Health Department, prior to the issuance of the Disposal Works Permit.
4. Any restriction in design flow and all conditions shall be recorded against the deed for the property at the Registry in Barnstable, and proof of conditions deed recorded shall be submitted to the Health Department prior to the issuance of the Disposal Works Permit.
5. Per ‘Remedial Use’ approval of “Single Home Fast (0.9)” denitrification treatment,
a copy of a 3-year operation and maintenance contract with a certified wastewater operator shall be submitted to the Health Department prior to issuance of the Disposal Works Permit
Monitoring shall include testing the effluent for the following parameters: temperature, pH, nitrate, ammonia and TKN. The influent shall be sampled for these parameters once annually.
The schedule for monitoring shall be quarterly for the first 2 years of operation, semi-annually for the next 2 years, and 1 sample annually from then on.
Upon transfer of deed this schedule shall be restarted.
All results copied to the Health Department. Any other sampling per DEP approval.
Ken Granlund seconded; the motion passed 5-0.
John Duane wondered if he would need to come before the BOH again if he converts the retail space to office space. Chair Willecke said that it would still be business space assessed the same septic design flow capacity and not subject to further review by the Board.
Menengay Realty Trust, 190 Blue Heron Road, Assessor’s Map 41, Parcel 12
David Lajoie, representing the Menengay Realty Trust again requested a continuation of the variances requested in his letter of 1/27/04. The proposal is still at ConsCom and expected to be ready in two weeks. Lezli Rowell questioned the difference between granting another continuance vs. closing out the request and applying again. David assured the Board that the abutters have been notified of each new hearing date. However, the Chair moved to continue to the 10/13/04 meeting. Rowell seconded; the motion carried 5-0.
Ball, 25 Pinecrest Way, Assessor’s Map 12, Parcel 37
Chair Willecke read into record the Felco letter from David Lajoie dated 9/24/04 requesting two (2) variances required to upgrade the system for Judith Ball. Lajoie said that the system was functioning, but the owner wanted to construct a porch that would require moving the present septic system. The owner agreed to a voluntary upgrade of the system. Lezli Rowell commended the applicant for the voluntary upgrade and the engineer for his compact planning. Dorothy Orcutt, an abutter on Hamblin Rd., (Map 12, Parcel 39) had questions about the distance from her well. Mr. Lajoie assured her that there was adequate distance with more than the 100 foot setback provided. Anne White motioned to approve the Felco., Inc. plan dated 8/13/04 and grant the variances requested in the letter of
8/24/04 for the upgrade of septic system to serve a 3 bedroom, grandfathered, non-conforming dwelling (with respect to the Nitrogen Loading Limitation) subject to the following conditions:
1. Design flow is limited to 352.5 gpd to serve three bedrooms
2. The new well shall be connected and put in service under the benefit of proper plumbing and electrical permits, and the well shall be tested and found potable, with results copied to the Health Department, prior to the issuance of the Disposal Works Permit.
3. Any restriction in design flow and all conditions shall be recorded against the deed for the property at the Registry in Barnstable, and proof of conditions deed recorded shall be submitted to the Health Department prior to the issuance of the Disposal Works Permit.
Chair Willecke seconded, and the motion passed 5-0.
Ledkovsky, 353 Wilson Avenue, Assessor’s Map 30, Parcel 617
Diana Zaglio of Architects Studio LTD represented Gigi Ledkovsky. The Chair read into record a letter of support from Mr. & Mrs. Albert D. James, abutters at 345 Wilson Ave. (Map 30, Parcel 616). The Chair also read into record a letter of recommendation from Marcia & David Sexton, abutters and owners of Surf Side Colony. Diana Zaglio asked to withdraw the request “without penalty.” Zaglio presented the Board with a letter from Harrison Gruman of the Cape Cod National Park Service which informed Ms. Ledkoovsky that the expansion would jeopardize her Certificiate of Suspension of Condemnation for the property. Rowell asked the architect if she did not have available to her the Wellfleet Zoning Bylaws when she proposed going over 15% footprint of lot area, within a district held
to 5% coverage, and posing risk of Federal Condemnation to her client. Ms Zaglio asked the Board for advice on another idea for modifying the house, but the Board agreed that they couldn’t comment without a new set of plans. Also the Board cannot lift the D.E.P. restriction against additional habitable area on a two bedroom design flow septic system with variances. No motion was made because the plan was withdrawn.
Other Business
Chair Willecke said the Board is awaiting Robert Waters’ inspection & pumping report ordered by the BOH for Mr. Herring, an enforcement case. Waters has 30 days to present the report. Willecke asked Agent Mitchell to explain the difference between the need for a septic system to be pumped vs. a failed system. Mitchell gave a short lesson in methods of assessing the depth of the sludge and how close it is to the top and bottom of the outlets. He also explained that a “conditional failure” is possible to be rectified through replacement of the distribution box.
Unconfirmed news of the Danforth case suggested that the court gave a continuance until May. The report from Town Counsel was not in to verify this.
Alex Hay asked board members to e-mail him any suggestions they had for the Local Comprehensive Planning Committee’s “Economic Development and Infrastructure” report. He said water is a big issue for the LCPC.
Erik Mitchell wanted to review with the Board Title 5 bedroom definitions. Chair Willecke wanted to deal with this issue, well “As-Builts” and other matters all at one time instead of having piecemeal discussions. He has already started a folder for these issues. He suggested the Board should handle variances at one meeting and spend every other meeting on issues.
Anne White wanted to be sure she receives a phone call on Fridays when BOH meeting packets are ready.
Draft Recommendations for Water System Connection Criteria
Chair Willecke complimented Lezli Rowell for the substantive and significant input she provided on the draft of recommendations for the “Water System Connection Criteria” for the Water Commissioners consideration. Section 9.1.3 would contain additional recommendations for an August test date since that month is the time of highest use, lowest precipitation and highest contamination. The wells should be tested again at another time of year. With this addition of well sample frequency and a few minor corrections, the recommendations and cover letter should be ready for signatures by Friday, September 24 so that the Water Commissioners would receive it before their Oct. 5 meeting.
Lezli Rowell motioned to forward the letter to Linda Smulligan for the Water Commissioners. Anne White seconded; the motion carried 5-0.
Correspondence File
The Chair shared the contents of the Correspondence File which included:
Letter of finding from Bennett & O’Reilly reporting that the fireworks explosion had no significant environmental impact.
Notice of the State of the Harbor Conference to be held 11/6/04 [Lezli Rowell, who attended last year, highly recommended this conference]
Letter from the BOH dated 8/10/04 to septic engineers to put requests in writing
Notice of failed Title 5 system at 114 Fourth St., Dowling property on Lt. Island
Notice of failed system at Orell property, Pilgrim Springs Rd.
Notice of failed system at Estate of Barbara Fails, Gross Hill Rd.
Notice of failed system of Cark Beck, Hamlin Rd.(water quality does not pass)
Failed system of William Bacall of Holbrook Ave (water test did not pass)
Updated letter from Emily Beebe to food service providers re: coordination of inspections prior to licensing [This prompted Alex Hay to question Agent Mitchell about the MA Approved Appliance Law. Mitchell referred the Board to the Plumbing Code website which lists approved model numbers.]
Three letters for approved variance requests from BOH with the Declaration of Restrictive Covenants.
Lezli Rowell presented an information sheet on Interim Wellhead Protection radius determination for small volume Public Water Supply wells. She had received an e-mail from Kathryn M. Hess, Massachusetts/Rhode Island District Ground-Water Specialist and Ground-Water Studies Section Chief, USGS. Hess notes, “At the same pumping rate of 100,000 gpd, but with Masterson’s recharge rate of 24in/yr, the radius of the recharge area ‘circle’ reduces down to 0.17 mi.” The recharge area that she outlined is hydrologically defined but different from the Interim Wellhead Protection (IWP) zone defined in MA DEP regulations. “For a public supply well pumping at 100,000 gpd, the IWP is set at a radius of 0.5 mi.” The Masterson pumping rate was in comparison to the
Strahler figures that Rowell had provided to Hess.
Adjournment
Richard Willecke moved to adjourn, Lezli Rowell seconded; Passed 5-0. The meeting adjourned at 8:30 p.m.
Respectfully submitted,
Richard Willecke, Chair Mary Rogers, Committee Secretary
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