Wellfleet Board of HealthMinutes of Meeting of March 10, 2004Senior Center, Long Pond Room
Present: Lezli Rowell, Chair; Richard Willecke, Anne White, Ken Granlund, Jr., Alex Hay; Emily Beebe, Health Agent; Dale Donovan, Chair, Board of Selectmen
Chair Rowell called the meeting to order at 7:00 p.m. The meeting was tape-recorded.
Warrant Article Recommendation. The Chair proposed and the Board agreed to an agenda alteration, to consider a warrant article needing BOH recommendation. Dale Donovan attended to answer Board questions on the article, which asks that the Town fund $150,000 for the siting and design of a water tower and installation of a larger capacity pump. Per the 3-9-04 memo from Tim Smith, board recommendations on warrant articles need to be received in the Administration Office by March 19 to appear on the printed warrant; therefore, the Board needed to make a decision before the next meeting.
Donovan distributed to the Board the Executive Summary of the Master Water Plan, and his personal letter dated 3-10-04 and noted that the Town has received over 30 requests to hook up to the water system, which does not now have the capacity to handle this volume.
Chair Rowell referred to an article on the draft warrant, specifically one that would take a parcel of land abutting the DPW building by eminent domain. She pointed out that the case was still in Land Court and that a local family was impacted by this article, noting its similarity to "takings" by the Seashore Park. She recalled that the Town Administrator had identified this site to the BOS as likely for the water tower.
Donovan replied that the subject warrant article to appropriate $150,000 for the water system expansion did not involve the land "taking," that they were different issues; the former includes an exploration of potential sites for the water tower, the latter represents an attempt to speed up a decision of Land Court that has been ongoing for 5 years. He stated that it is the Town's view that this parcel is the Town's land. Donovan added that questions on the $150,000 article would be answered at the Water Issues Advisory Committee meetings on March 18 and March 20.
Richard Willecke stated that he wanted more time to study the information which he had just received and suggested that the board hold another meeting to discuss this warrant articleafter the Board received full copies of the draft water master plan.
In response to Willecke's question about why this appropriation was needed now, Donovan repeated that the Town has received numerous requests for hook-ups to the new system, whose capacity is not adequate to these requests. Beebe added that two public water supplies, the On the Bay Café and the Wellfleet Harbor Condominiums, are under DEP Notice of Non- Compliance (NON).
Ken Granlund asked, since the article would go on as an override, whether there was any way to separate funding for the pump and well from siting design work. Donovan replied that there was this possibility and that input was needed from the public on its wishes.
Discussion moved to the DPW's request for a Water Department employee to oversee the new municipal system. Donovan pointed out that the Town is required by law to monitor the system for 20 hours/ week, and the question becomes whether a new employee should be hired or the work should be contracted out. He noted that users of the water system would be paying for that portion of the employee's time which pertained to the water system. Donovan reviewed the history of the DPW's attempts at adequate staffing and attempts to find enough man-hours to provide all the services the town expects, e.g., plowing of private roads, maintenance of the church property, maintaining the water system. Ken Granlund suggested alternatives to hiring a new DPW employee.
Donovan stated that the Town is currently engaged in playing "catch-up" on things put off and left undone: Uncle Tim's Bridge, directives of the LCP, the landfill capping.
Anne White felt she could not vote on a recommendation of the article without seeing the master plan for the water system and that she would like discussion of it at a meeting; Alex Hay agreed that he would like to get this process going quickly. No members of the BOH had yet received or reviewed the Environmental Partners' Master Water Plan. The Chair moved to continue the discussion to a date certain, Monday, March 15 at 5:00 p.m. at the Senior Center; White seconded; the motion carried, 5-0. Hay emphasized that he wished to consider the article as a Board of Health member, not for its financial implications.
Minutes of February 25, 2004. Chair Rowell moved to approve the 2-25 minutes as amended; White seconded; the motion carried, 5-0.Variance Requests:Murphy, 475 Nellie Road, Assessor's Map #25, Parcel #12. This proposal to upgrade an existing septic system was represented by Jason Ellis Engineering. Chair Rowell read the variance request letter of 4-2-04 into the record. Ellis explained this project, located on the eroding bank at the end of Nellie Road. The plan proposes an upgrade to an existing 2-bedroom dwelling currently employing a single cesspool prior to placing the property on the market.
Chair Rowell questioned the reason for a reduced leaching area, noting that she would prefer a full-sized leach field, noting little margin for error on the 13,500 square foot lot, even at the loss of deck area; she added that if capacity were reduced, the BOH might consider restricting occupancy to 4 persons.
Ellis stated that he had designed a trench system, which can have a maximum width of 4', expansion of which would have to be lengthwise and therefore closer to the bank. Changing the design to a galley or pit system would place the leach field right up to the garage door. Ripping off the deck might take the project before the ZBA; also, the owners were putting the house on the market and might be opposed to such a measure. He noted that he had added the Microfast to the design to compensate for the 25% reduction in the size of the leach field.
Anne White asked about the possibility of moving the leach field north and moving the well; Ellis replied that if the trench were placed in the back yard, the excavations and dump trucks might endanger the sensitive bank. He added that it might be possible to move the trench, but this might require a variance to the well.
Alex Hay agreed that he would prefer to see a full leach area but understood that the bank presented a sensitive area.
The Health Agent determined that there was a full cellar wall and stated she was comfortable with a 25% reduction with the addition of the Microfast, but questioned the tank location in proximity to the bank. She further advised that a condition of approval should be the flagging and monumenting of property lines.
Richard Willecke asked if the septic tank and field could be repositioned by flip-flopping them, placing the fields to the east. Ellis replied that the removal of the deck might require a ZBA Special Permit. The Chair, howeveer, thought this would not be the case for removal.
Willecke suggested that, per BOH regulations, specific rationale for variance requests should be included in any future variance request letter in the interest of clalrity.
Chair Rowell moved and Willecke seconded that this hearing be continued until the next meeting to allow the designer to create a plan for 100% leach capacity. The motion carried, 5-0.
Menegay, 190 Blue Heron Road, Assessor's Map #41, Parcel #12. (continued from 1-14 & 1-25) David Lajoie of Felco Engineering requested a continuance of this hearing. The Chair moved that the Menegay hearing be continued to the first meeting in April; Ken Granlund seconded; the motion carried, 5-0.White, 25 Fairview Avenue, Assessor's Map #35, Parcel #99. This proposal to update an existing system was represented by David Lajoie of Felco. Alex Hay read into the record the letter of 2-13-04, requesting 1 variance of 5' from the leach area to the lot line. Lajoie described the project as a straightforward septic upgrade of a 4-bedroom house on the Pleasant Point public water system.
The Chair noted that the floor plan sketch had not provided dimensions; the Health Agent had checked the assessor's card and confirmed that the house was assessed for 4 bedrooms.
The Chair inquired of the Health Agent how well the Pleasant Point water system was meeting demands upon it. Ms. Beebe replied that the system, which is at capacity, was administratively meeting demands. She added that the water supply would cap growth in this area.
From the audience, abutter Fred Newton spoke of his and his brothers' (also abutters) full support for this project. He questioned, however, the location of any vent piping. Lajoie replied that there would be none.
Willecke moved and the Chair seconded that the Board of Health approve Felco Engineering Plan #03172, dated 1-114-04, and to grant one variance as requested in the letter from Felco Engineering, dated 2-13-04, for the upgrade of the septic system on the White property cited above. The motion carried, 5-0.Correspondence: The Chair reviewed the correspondence, including:
Letter of 2-24-04 from Health Agent Beebe to Mmes. Nottingham, Robinson, and Capwell, abutters of the Pease property (see 1-14 minutes)--the Chair commended Ms. Beebe's addressing of their concerns
Memo of 2-10-04 from Virginia Crossman to the BOH--the Chair recommended that the Health Agent follow through by letter on Ms. Crossman's concerns. Agent Beebe explained that she had communicated through discussion with Ms. Crossman, that pertinent concerns (e.g., swap shop, dump stickers, safety issues) have been discussed, that she will pass on to Mark Vincent items that fall under DPW consideration, and that in this case she preferred sitting down and discussing issues rather than writing letters.
Old Business:The Chair requested a copy of the Annual Town Report from the Health Agent.Denterlein, 5 5th Street, Lieutenant Island, Assessor's Map #40, Parcel #66. Tim Brady of East Cape Engineering, and designer Peter Coneen represented this proposal for expansion by addition of a second floor and roof deck (see minutes of 10-22-03 for preliminary discussion). The Chair read from the Minutes of 11-8-93, noting the conditions for variance approval : (1) There is to be no increase in square footage of living space. (2) Condition #(1) is to be recorded against the deed for the property at the Registry in Barnstable. Richard Willecke read into the record the 2-5-04 letter from East Cape Engineering requesting an increase of living space with
the number of bedrooms to remain the same.
Tim Brady noted that if the original plan were to be newly proposed to the BOH today, he projected that an alternative system would be required; therefore, he proposed the addition of a Bioclere unit to the existing septic system.
The Chair noted that the BOH had requested copies of the original septic plan and variance request letter at the October meeting but had not received them from the engineer. The Health Agent read aloud the variance request letter of 10-27-93 requesting 9 variances. To the Chair's question of whether the testing condition had been satisfied, the Health Agent stated that it had not, but that this was not unusual, since property owners were often not sure where the responsibility for overseeing testing lay. Richard Willecke suggested the production of a small memo from the Health Department explaining owners' responsibilities concerning conditions of approval.
Rowell stated that the real issue with this request was whether the BOH wished to lift its 1993 condition, bringing back the remodeling plan for approval.
Willecke introduced a discussion of the existing 1000-gallon tank, noting that it would not be used today; Brady stated that Bioclere representatives were satisfied with a 1000-gallon tank for this sized system.
The Chair inquired about the vertical separation; Brady replied that the original design said it was at least 5' above groundwater; and that they had not found groundwater at the time of soil testing.
The existing leaching system is undersized by today's standards, and the Health Agent stated that the existing leachfield would only allow 174 gpd under the current code standards, and that the existing home required 330 gpd. She added that the proposed plan would add a considerable increase in habitable space by adding an entirely new second floor.
Brady inquired whether providing a breakdown of the habitable and non-habitable space would be helpful to the board. The Chair replied that she was not presently leaning toward lifting the condition but would consider a breakdown of existing and proposed; Anne White agreed that an examination the ratio of habitable/non-habitable spaces might be helpful.
Willecke cautioned that more square footage, e.g., larger bedrooms and living space would increase water usage. Designer Peter Coneen answered that the design would incorporate low-flush toilets, low volume shower heads, etc. Brady added that the proposed second floor would not cover the entire building; therefore, they are not doubling the space.
Health Agent Beebe added that the board may want to consider more options, such as asking for a reduction in flow from 3 to 2 bedrooms, or increasing the leaching capacity. She also cautioned that increasing the leaching area would also increase the variance requests to wells by decreasing the available setback. She asked the Board to consider this proposal in the context of Lieutenant Island, where saltwater intrusion into private wells is a reality, and emphasized that this proposal needed water quality data.
Chair Rowell moved to continue this hearing to the meeting of March 24, 2004 to allow East Cape Engineering to formulate a breakdown of existing and proposed square footage to habitable and non-habitable areas. Anne White seconded; the motion carried, 5-0.
New Business:Proposed Subdivision Plan--Finzi, Assessor's Map #8, Parcel #170. The Health Agent briefly synopsized the information which she had received from Chet Lay of Slade Associates on this proposal; the plan calls for the creation (but not the construction) of a way, a short cul-de-sac to Meadow Way, for the purpose of increasing frontage on the parcel (#25 on the plan). Chair Rowell stated that since the BOH had already seen a septic plan for this property, she would move to approve the plan for the Finzi subdivision as presented; Willecke seconded; the motion carried, 5-0.Signing of Business Licenses. The Board signed licenses for the following: Harborside Village Cooperative Corporation; Lorna Kaplan, Lower Cape Muscular Therapy; Gary Burgess d/b/a The Dog Pound (2
licenses).Health Agent's Items: Ms. Beebe asked the Board's comments on two questions:
In the case of a request to the Health Department for permission to install a cistern for a water supply, for which situation no regulations exist, what would the BOH need to know? The Board agreed that the cistern would need to have a lid and a disinfection plan. Anne White noted that she would like to see an existing cistern, literature and plans .
In the case of proposals for additions, such as existing garages or out-buildings that people want to finish and develop into "living space" or studio space in a manner that suggests habitable space, would the BOH wish such proposals to be brought to it for consideration? Beebe also asked, if the person originating such a proposal has had his attorney draw up a deed restriction to prevent the project from becoming habitable space, would the BOH be comfortable with her signing off on it in the office? After discussion of the necessity for adjacent plumbing for the possibility of such an addition becoming a bedroom, consensus agreed that the agent could sign-off on deed restrictions in the office, unless in her opinion too much "gray area" existed and
that the proposal should be brought to the table.
Chair Rowell moved to adjourn the meeting; Ken Granlund seconded; the meeting was unanimously adjourned at 8:45 p.m.
Respectfully submitted,_________________________________
Frances J. Castillo, Committee Secretary
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