Wellfleet Board of Health
Minutes of Meeting of March 24, 2004
Senior Center, Duck Pond Room
Present: Lezli Rowell, Chair; Richard Willecke, Anne White, Ken Granlund, Jr.,
Alex Hay; Emily Beebe, Health Agent
Chair Rowell called the meeting to order at 7:00 p.m. The meeting was tape-recorded.
Minutes of March 10 and March 15, 2004. Chair Rowell moved approval of the minutes of 3-10 as amended; Richard Willecke seconded; the motion carried, 5-0. Chair Rowell moved approval of the minutes of 3-15 as amended; Anne White seconded; the motion carried, 5-0.
Variance Requests:
Murphy, 475 Nellie Road, Assessor's Map #25, Parcel #29. In this continuation of an earlier hearing, Jason Ellis, of J.C. Ellis Design, presented the revisions to plan (see minutes of 3-10-04) requested by the Board. The Chair waived the reading of the variance request letter of 4-2-04, as it had previously been read into the record. Ellis stated that he had stretched out the leaching trench to 100% capacity for the 2-bedroom house and had relocated the septic tank under the deck, which still allows accessibility to the hatches. He noted that he had received feedback from the well drillers on the accessibility of the proposed well and has, therefore, proposed a second well option; he added that the final well location will be verified on the "As Built" plan.
The Health Agent voiced concern about well Option #1, near the coastal bank, feeling that there was a danger of the well "going south"; she noted, also, the Option #2 was closer to the leach area.
Willecke commended the move of the tank to the under the deck location and favored the use of well Option #1.
The Chair moved and Willecke seconded to approve the J. C. Ellis Design plan, as revised 3-11-04, and to grant the variances requested in the letter dated 3-25-04 for the upgrade of the septic system to serve a two-bedroom, grandfathered, non-conforming dwelling (with respect to the Nitrogen Loading Limitation) utilizing MicroFast denitrification technology under the "Remedial Use" approval category, subject to the following conditions:
Design flow is to be limited to 224 gallons per day.
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.
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.
Units of work area are to be clearly flagged during construction and both westerly corners of the property to be permanently marked by concrete bounds.
The motion carried, 5-0.
Menegay, 190 Blue Heron Road, Assssor's Map #41, Parcel #12. The Health Agent reported that Felco Engineering, representing this proposal, was seeking to continue the hearing to the next agenda, April 14, and that she had asked Felco to re-notify abutters. The Chair moved and Alex Hay seconded that the Menegay hearing be continued to the April 14th meeting; the motion carried, 5-0.
Old Business:
Denterlein, 5 5th Street, Lieutenant Island, Assessor's Map #40, Parcel #66. Because Tim Brady of East Coast Engineering was present, the Chair requested an agenda change to place this item next. (See minutes of 10-22-03 and 3-10-04 for previous discussion.) Brady summarized his findings on the difference between existing and proposed square footage for habitable and non-habitable areas of the structure on the property above, as outlined in his letter and table of 3-19-04. He concluded that the proposal contained a gain of 108 square feet in additional living space.
The Chair moved to remove the existing November 1993 Board of Health condition of septic system variance approval of "no increase in square footage of living space" and consider the applicant's remodel request under the current conditioning applied to lots under 10,000 square feet: "No increase in habitable area without BOH review." Anne White seconded; the motion carried, 5-0.
Discussion of the project followed; significant points follow:
The footprint would not be increased; only the deck would be enlarged.
A small increase of 108 square feet becomes more significant when it is for a 3-bedroom home in a sensitive area.
If a new second floor were not constructed, the proposed Bioclere alternative system would not be installed
The new construction would use "low flow" conservation plumbing devices; anything used in that location would conform to plumbing code.
The Chair moved to allow the renovations proposed by the applicant, under consideration of Board of Health review determining that there will be no increase to septic system design flow created and that additional habitable area of 108 square feet is minimal. As condition of project approval, the existing septic system is to be upgraded with the installation of Bioclere Denitrification Treatment to compensate for variances that are recognized under the current Title 5 Code and there shall be use of low-flow plumbing fixtures. A proper Site and Septic Plan and a variance request letter detailing the 10-8-93 and 3-25-04 variances shall be submitted to the Health Department prior to signature on the Building Permit. Alex Hay seconded; the motion
carried, 4-0-1. Anne White stated that, having thought a lot about this project, she was still conflicted about approving it. Alex Hay warned that if the Board of Health were to make progress, it must guard against changing earlier decisions.
The Chair moved, and Richard Willecke seconded, to approve East Cape Engineering septic system plan, dated 3-25-04, and grant the variances requested in the letter of the same date, for the septic upgrade to serve a 3-bedroom, grandfathered, non-conforming dwelling (with respect to the Nitrogen Loading Limitation), utilizing Bioclere denitrification technology under "General Use" category, subject to the following conditions:
Design flow is to be limited to 330 gallons per day, with a variance allowing reduction to the leach area provided.
No increase in habitable area without Board of Health review.
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.
Questions were raised about the absence of the Site and Septic Plan and the variance letter for the project; the Chair stated that it was her intention to allow Tim Brady to bring this information in to the Health Agent.
Health Agent Beebe urged consistency of decision, citing the earlier Murphy case, which the BOH had continued twice in order to see plan changes requiring a full-capacity leach field, and posed the question of allowing this variance of 50% reduced leaching capacity.
The Chair contrasted that on the Murphy case there was only the locus well to consider, while the existing Denterlein leach field was considered full capacity when installed and an upgrade to new code specs would reduce the setbacks to three abutters' wells.
The Chair asked whether the BOH preferred to see a new septic plan. Ken Granlund asked to see the septic system design; Brady stated that he would take the existing plan, title it "Sewage System Design," list past and present variances, and accompany it with a cover letter.
The vote was called and carried, 4-0-1. The plan and letter will be presented to the Health Agent.
Schraut, 35 Massasoit Road, Assessor's Map #28, Parcel #161. The Health Agent explained this request for permission for conversion of a garage to living space, an issue she had previously discussed with the Board (see minutes of 3-10). She noted that she had inspected the site and talked with the owner and that what had been proposed could be handled, with Board of Health approval, by a deed restriction to prevent the project from becoming habitable space. The owner proposes to create a three-season area of office space in the present garage, installing a gas fireplace and electricity but no plumbing. Beebe asked if the BOH would allow her to handle the proposal in the office, stating that the deed restriction was important because the building project would have to go through a permitting
process before the ZBA. She stated that the deed restriction would not rule out the possibility of this becoming an affordable accessory dwelling, that the owner's lawyer could affix the proper legal language to allow this.
The Chair moved to allow the Health Agent to approve the Schraut conversion in office with the condition of a deed restriction to prevent the garage from being used as a bedroom and with the provision of allowing an affordable accessory housing conversion in the future; Willecke seconded; the motion carried, 5-0.
Correspondence: The Chair reviewed from the Correspondence File:
Letter of 3-17-04 from Atty. Michael O'Neill re: Wellfleet Harbor Condominium Trust, its water problems, and its support of Warrant Article 27
Letter of 3-15-04 from Health Agent to Gilbert Hatch re: nitrogen credit
Memo of 3-16-04 from Health Agent to Mark Vincent re: degraded state of the Police and Fire Station, with especial attention to the police part of the building
Letter of 3-24-04 from Virginia Crossman to the Chair (to be duplicated for members)
Other material also from the file included complaints on the bathroom at Gutsy Bender's (the Chair noted that enforcement action would have the BOH's support); letters regarding septic failures, notice of Dump Amnesty Day on Saturday, April 3, rain or shine; notice of Brownies' Cabins attempt to reclassify as non-transient.
Licenses: The Board signed the following food licenses: Wellfleet Elementary School PTA, Hyannis Ice Cream, and Big Al's.
Richard Willecke moved and Ken Granlund seconded adjournment; the meeting closed at 8:00 p.m.
Respectfully submitted,
_______________________________
Frances J. Castillo, Secretary
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