Wellfleet Board of Health
Minutes of January 28, 2004
Senior Center, Long Pond Room
Present: Lezli Rowell, Chair; Richard Willecke, Anne White, Ken Granlund, Jr.,
Alex Hay; Emily Beebe, Health Agent
Chair Rowell convened the meeting at 7:04 p.m. She asked the Board's permission to rearrange the agenda items and consider Minutes first; the Board agreed. This meeting was tape-recorded.
Minutes of January 14, 2004. Chair Rowell moved and Richard Willecke seconded the approval of the amended minutes of 1-14-04; carried 4-0.
Parker, 160 Cottontail Road, Assessor's Map #30, Parcel #75. This continuation of a proposal to upgrade an existing septic system (see minutes of 1-14-04) was presented by Matt Farrell of Bennett & O'Reilly, Inc. Engineering. Chair Rowell read the revised variance letter (1-16-04) into the record. Farrell noted that he had reduced the design flow to 284 GPD, reduced the size of the leaching field, and moved the leaching field farther from the wetland; thus he was now able to request a 2' rather than a 16' variance from the wetland. During discussion, Richard Willecke noted his desire that the letter required in Board of Health regulation 7002 (Variances) should include the reasoning for needing the variances requested. The Chair moved and Willecke seconded
that the Board of Health approve Bennett & O'Reilly, Inc. plan #B003-3820, as revised 1-15-04, and grant one variance as requested in the letter from Bennett & O'Reilly, revised 1-16-04, for the upgrade of the septic system on the referenced property, and to allow two feet of encroachment on a vegetated wetland subject to the following conditions:
Design flow is to be limited to the service of two bedrooms, with no conversion of use for the provided 284.46 gallons per day without Board of Health approval.
The well water shall be tested and found potable, with results copied to the Health Department, prior to the issuance of the Disposal Works Permit.
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.
The motion carried, 4-0-1 (new member Hay abstaining).
Richman, 130 Catboat Road, Assessor's Map #41, Parcel #89. This proposal to upgrade an existing septic system utilizing advanced treatment was presented by Tim Brady of East Cape Engineering. Richard Willecke moved (Chair seconded; passed 5-0) to waive the reading of the lengthy cover letter of 1-5-04 requesting a 48 foot variance from the soil absorption system to the edge of the marsh. The Chair noted that the East Cape packet also contained a notice to abutters, a 12-18-03 explanation of design flow capacity and other specifications, and a 5-13-01 notice of DEP remedial use approval from SeptiTech.
Brady commented on the parcel: an extensive wetland on the east side, the west side directly on the Bay, buffer areas on both sides, the existing well out near the road. The plan is to install a SeptiTech septic processor to provide the treatment the BOH requires when a marine resource variance is requested. Brady noted the latest theory that pressure dosing provides some protection against viruses. The leaching system will be raised above the existing grade; the owners wish to disguise the leaching system to look like a sand dune and be planted over with beach grass, a plan which has already been discussed with the Conservation Commission. The parcel is in the flood plain.
The engineer also requested that the BOH allow a reduction of the height of ground water to the septic system, explaining that because this piece of land has salt water on both sides, there is no opportunity for ground water to build up. Brady concluded that the system would be 5 feet above ground water the majority of time.
Richard Willecke cited Local Upgrade Approval Section 15.405; Brady stated that he was not asking for approval under that section but under the approval of an innovative/alternative system, as the requirement for 100' separation from the resources is in the local BOH regulations. The Title 5 regulation of 50' is met.
Chair Rowell stated that the BOH concern was with the vertical separation; she recommended continuing the application to allow the engineer to monitor and acquire data to determine ground water level at the time of full moon (under Section 15.103 (3)(c)2.). The Health Agent concurred.
A discussion followed of the environmental protection afforded by Title 5 as compared to local regulations. Chair Rowell noted the BOH's approbation of the advanced treatment and denitrification provided by the proposal but also its wish to examine all data possible connected with vertical separation of the ground water. She moved to continue the variance request hearing to allow the engineer to acquire data on high ground water during the tidal cycle on the full moon. Anne White seconded; the motion carried, 4-0-1 (Hay).
Licensing. The Board signed a variety of business licenses. (See attached list.)
Old Business.
Correspondence File. The Chair reviewed the correspondence, including:
Notice that the Truro BOH will hold an informational symposium on Lyme Disease on 4-27-04 from 7-9 p.m. at the Wellfleet Council on Aging; this will be conducted by a small panel of members of the Barnstable County Health Health & Environmental Department
A letter of 1-28-04 to DEP requesting nitrogen credit
BOH letter to South Wellfleet General Store (1-20-04) regarding sale of tobacco to minors
CDC advisory on SARS
Letter to Audrey Danforth, Holbrook Avenue; the BOH requested an update on the similar case discussed at the 1-14 meeting
The Chair requested that failed septic system reports be included in the correspondence file. Richard Willecke again discussed his preference for seeing a rationale for variance requests; he added that he would continue to remind engineers to include them in their variance request letters.
Willecke moved for adjournment; Granlund seconded; the meeting closed at 8:00 p.m.
Respectfully submitted,
___________________________
Frances J. Castillo, Committee Secretary
Business Licenses Signed
Licenses signed 1-18-04 Septage Collection Licenses, Disposal Works Permits, Food Establishment Permits, Trailer Park Licenses
TEK Restaurant Group, Inc. d/b/a The Wicked Oyster
James J. Roderick, Inc.
Lower Cape Sand & Gravel, Inc. d/b/a Murphy-Nickerson
Wellfleet Harbor Actor Theater, Inc.
Elder Services of Cape Cod and Islands
MauriceSweet SeasonJoseph Lema & Son, Inc.
Yak Arts d/b/a The News Dealer
CappelloFobro Inc., d/b/a Flying Fish Café
Massasoit Hills Trailer Park
Wind River Environmental M W R Construction Co., Inc.
Cape End Building C. C. Construction, Inc. Brady Construction Co. Paul Burton Septic Service
D. J. Burnie Sr. Co., Inc. / David J. Burnie
Wall Septic Service / Jeffrey M. Wall
Robert Walters Septic Service
F. S. Rich Excavating John Martin, Inc./ John D. Martin
Northeast Construction D. J. Burnie, Sr. Co., Inc.
E-Z-Doze-It Excavating, Inc. Matthew A. Frazier Enterprises, Inc.
Robert Waters Septic Service
Wall Septic Service / Jeffrey M. Wall
Avellar Brothers Excavating, Inc./Albert Avellar
MauriceWellfleet United Methodist Church
Harborside Village Cooperative Corporation
A & B Canco John Rice, Inc. E-Z-Doze-It Excavating Inc. Handy House, Inc.
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