Wellfleet Board of Health
Minutes of Meeting of February 25, 2004
Senior Center, Long Pond Room
Present: Lezli Rowell, Chair; Anne White, Ken Granlund, Jr., Alex Hay; Erik
Mitchell, Assistant Health Agent
Excused: Richard Willecke; Health Agent Emily Beebe
Chair Rowell convened the meeting at 7:00 p.m. The meeting was tape-recorded. Health Agent Beebe was unable to attend because of illness.
Minutes of 1-28-04. Chair Rowell moved and Ken Granlund seconded the approval of the amended minutes of 1-28-04; the motion carried, 4-0.
Variance Requests:
Richman, 130 Catboat Road, Assessor's Map #41, Parcel #89. Tim Brady of East Cape Engineering returned to report to the Board of Health on this continuance (see 1-28 minutes) of a proposal to upgrade an existing system. The Board of Health had continued the hearing in order to allow Brady to acquire data on high ground water during the tidal cycle on the full moon; the Chair read the 2-18-04 variance request letter, which noted that the required monitoring had been accomplished. The Chair stated that the local Regulation 607 on de-nitrification was met and that she was personally pleased with the monitoring and its results.
Erik Mitchell, reporting for Health Agent Beebe, noted that Beebe recommended that the 5' separation could be done rather than allowing the proposed 4.1'. Brady relayed the opinion of George Heufelder of Barnstable County that the 5' separation is not necessary; the Chair and Ken Granlund agreed.
Mitchell also informed the Board that Ms. Beebe had sent in an answer to Richard Willecke's question on plan approval, stating that this plan did not need to go to the DEP but required only local upgrade approval.
The Chair moved and Ken Granlund seconded to approve East Cape Engineering Plan #03-211, dated 2-10-04, and to grant the one variance of setback to the edge of marsh as described in the request letter dated 2-18-04 for the upgrade of the septic system to serve a four bedroom, grandfathered, nonconforming dwelling (with respect to the nitrogen loading limitation) utilizing denitrification technology compliant with local Board of Health regulation #607: a SeptiTech as allowed under the "Remedial Use Approval" category by DEP subject to the following conditions:
Design flow is to be limited to 444 gallons per day
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
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.
Anne White stated that she would like to see the 5' separation met, since it was possible to do so. The vote was called and the motion died, 2-2. White noted that she would accept the motion with the 5' separation included.
The Chair then moved, and White seconded, to approve East Cape Engineering Plan #03-211, dated 2-26-04, and to grant the one variance of setback to the edge of marsh as described in the request letter dated 2-18-04 for the upgrade of the septic system to serve a four bedroom, grandfathered, nonconforming dwelling (with respect to the nitrogen loading limitation) utilizing denitrification technology compliant with local Board of Health regulation #607: a SeptiTech as allowed under the "Remedial Use Approval" category by DEP with the expectation of 5' vertical separation, subject to the following conditions:
Design flow is to be limited to 444 gallons per day
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
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. (Changes to the original motion are in bold.)
The motion carried, 3-0-1 (Rowell abstaining).
Menengay, 190 Blue Heron Road, Assessor's Map #41, Parcel #12. No representative of this proposal to construct a new dwelling appeared; the Board later voted to continue the request to the next meeting.
Correspondence. The Chair reviewed material from the Correspondence File; discussion items follow:
A hand-delivered letter from Ginny Crossman to the Chair which the Chair proposed to place in the Correspondence File--Rowell stated that she felt that Crossman's concerns could be alleviated if there was a follow-up from the Health Agent.
Memo (2-4-04) from Rex Peterson re: designation of BOH member to the now-being-formed Local Comprehensive Planning Committee (LCPC)--Alex Hay having expressed interest, the Chair moved and Granlund seconded his nomination to the LCPC; the motion carried, 3-0-1.
DEP Notice of Noncompliance (2-6-04) to Farrell's Market "for failure to notify the Department of the intent to install a replacement well…"-- the Chair asked for a Health Department follow-up on this matter.
Letter from Health Agent to Flying Fish Café (2-2-04) regarding the fact that the license application indicates seating exceeds allowable uses--the Chair felt that there should be a review of the Zoning Board permit to coordinate with an allowable aggregate design flow.
2-4-04 letter from Jay Cronin requesting an extension for the upgrade of the septic system at 120 Indian Neck Road. (See new business.)
Erik Mitchell referred the Board to the letter from Environmental Partners to Allen Hemberger of the DEP (1-28-04) concerning the landfill capping, noting that the Health Agent will keep the BOH advised on the landfill meeting.
New Business:
Cronin, 120 Indian Neck Road, Assessor's Map #28, Parcel #54. Mr. Cronin requested an extension of 12 months to complete the upgrade of the septic system on the above property per transfer of deed; he noted this request was due to a "slow response of engineers to bid this job and the cold weather this year." The Chair moved to grant Cronin one year from date to upgrade the septic system; Anne White seconded. Erik Mitchell reported that Health Agent Beebe had advised allowing a 6-month extension. The Chair disagreed, feeling that the local requlation allowing only 6 months was too stringent. Alex Hay stated that he thought an additional 6 months would be adequate; Ken Granlund added that Cronin would not need a full year.
The Chair stated she would compromise and amended her motion to a 9-month extension; Granlund seconded; the motion carried, 4-0.
Proposed Subdivision plan, Finzi, Meadow View, Map #8, Parcel #170. No representative from Slade Associates appeared to review the Finzi plan.
A member of the audience, Katherine Nast, was invited to introduce herself to the Board; she is a newly retired epidemiologist who has done work on infectious and viral diseases.
The Chair requested that Health Agent's Monthly Activity Reports be included on future agendas and in packets as had previously been requested.
License Signing. The following business licenses were signed:
Granlund Realty Trust d/b/a Mainstay Motor Inn
Maurice's Campground
Delauze's Excavating Service--Clifford A. Delauze
James Rose
Harborside Village Cooperative Corporation
Seagull Cottage
The Chair moved to continue Menegay and Finzi until the next meeting; White seconded; the motion carried, 4-0. Granlund moved to adjourn; Rowell seconded; the meeting closed at 7:45 p.m.
Respectfully submitted,
____________________________________
Frances J. Castillo, Committee Secretary
| 
