Wellfleet Board of Health
Minutes of Meeting of May 26, 2004
Senior Center, Great Pond Room
Present: Lezli Rowell, Chair; Richard Willecke, Alex Hay; Emily Beebe, Health Agent
Excused: Ken Granlund, Jr., Anne White
Chair Lezli Rowell convened the meeting at 7:08 p.m. The meeting was tape-recorded.
Minutes of May 12, 2004. Alex Hay moved and Chair Rowell seconded approval as amended of the minutes of 5-12-04; the motion passed, 3-0.
Variance Request: Emmons, 119 Hamblen Farm Road, Assessor's Map #19, Parcel #13. Jason Ellis of J.C. Ellis Design presented this proposed upgrade of septic due to a failed well. He noted that the property was almost entirely wetland with the exception of a strip abutting Hamblen Farm Road which contained 2 cottages, each with its own well in the basement and each with a single cesspool. The well for Dwelling A (plan dated 3-25-04) has gone bad; the plan proposes to replace it with a new well outside of the cottage to the north; the new well for Dwelling B will be place between the cottage. The 2 existing cesspools will be abandoned; a new 1500 gallon septic tank with a pump chamber will be installed between the cottages along with a pump chamber to allow pumping of effluent to the leach area
to be placed below Dwelling B. Ellis noted that he was requesting variances of no reserve area provided and of 30' from the soil absorption system to the wetland; he added that a 2-bedroom deed restriction was also required. Chair Rowell noted that given the site constraints, nothing else could be done; the Health Agent agreed.
Rowell moved and Willecke seconded that the Board of Health approve the J. C. Ellis design plan dated March 25, 2004 and grant the two variances as requested in the letter of May 12, 2004 for the upgrade of a septic system to serve two bedrooms, compliant with the Nitrogen Loading limitation, subject to the following conditions:
Use of installed septic system is to be deed-restricted for two bedrooms, as required by 310 CMR 15.203.
There is to be no conversion of use without Board of Health review.
The two new wells shall be connected and put in service under 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.
STANDARD CONDITION: 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, 3-0.
Old Business:
Current Enforcement.
Manchuk (see minutes of 5-12)--Health Agent Beebe stated that Mrs. Manchuk has not requested a hearing. Beebe pointed out that the most recent enforcement letter, containing a history of the ticketing, had been included in the meeting packet, and that another letter had gone out today by certified mail--the total fine to date being $4375. She stated that this is being done on a twice-a-week basis and that she expected that the matter will end up in court. The Chair inquired concerning an appeal period and right to a hearing; Beebe noted that this period has closed. Chair Rowell stated for the record that she completely supported this process; Alex Hay agreed
Danforth (see minutes of 5-12 and 4-14)--The Health Agent is continuing with ticketing.
Kugel property on shore of Gull Pond--The Chair noted that this seemed to be back on track. Agent Beebe added that there were many other properties in enforcement which she had discovered as she went over records of deed transfers and septic upgrades.
Crockett, 115 Holbrook Avenue, Assessor's Map #20, Parcel #134--A 6-month extension has been requested by Cape End Building for installation of a new septic system at the above location. Discussion ensued; the Chair noted that it was not unreasonable to look for 6 months more and Alex Hay pointed out that if problems are encountered, the BOH can grant more time. Hay moved and Willecke seconded that the Board of Health grant a 3-month extension for completion of the septic plan for 115 Holbrook Avenue; motion carried, 3-0.
Possible Failed Septic, 22 East Commercial Street--Health Agent Beebe explained the problem of this property. Upon transfer of property per 303 CMR c 4, wells of less than 50' from the system must be tested for VOCs, ammonia, bacteria, nitrates; nitrates must be less than 5 parts per million (ppm). A water inspection of the locus well and 2 adjacent wells has been ordered (1 has yet not been tested), the well of the abutter to the west has failed, and the locus well has 4.1 ppm nitrates and 4.13 sodium. Ms. Beebe noted that the septic system leaching pit has not failed but is not functioning optimally and suggested the possibility of addressing the system with an IA system such as Bioclere technology for denitrification. In other discussion, members noted
that the house had had only one inhabitant recently and that its leachpit might not be the cause of the failed abutting well. The Chair wished to consider any variances of well to septic setbacks existing on the abutting property as possibly contributing to the water quality results. Richard Willecke questioned whether use of "bio-augmentation" technology (see minutes of 5-12) would be effective here (Beebe stated that she needed to consult with George Heufelder about the BAM solution). The Chair advised remediation as a retrofit, avoiding a new leachfield installation which would create new well variances in the neighborhood.
Regulatory Review. The Board reviewed and discussed the draft of proposed amendments to BOH regulations, Section 500, Water Wells, Section 600, Subsurface Sewage Disposal Systems, and Section 700, Fuel Oil Storage Regulations.
The Chair suggested Section 509 a) include new wells and well relocations for VOC testing.
The Health Agent spoke of the Health Department's future ability to layer data on parcels by utilizing GIS survey information.
Agent Beebe noted that the procedures in Section 602 (2) were already being used and that codifying them would provide justification for BOH conditioning of variance approvals (also mentioning that the Registry in Barnstable felt the current Wellfleet variance approval form letter was unsatisfactory and that she was consulting with Town Counsel concerning this).
For Section 700, Beebe proposed expanding the draft language and will check with the Fire Department on whether the above ground, double-walled fuel storage tank will require a cover (3).
Beebe asked the Board to study the draft amendments and indicate their preferences for language.
Correspondence. The Chair noted the memo inviting the BOH to attend the June 15 meeting of the Water Commission at 7 p.m. in the Library Meeting Room.
Licenses. The Board signed business licenses for the following: Wellfleet Historical Society, Strawberry Festival; Wellfleet Fire Relief, Bake Sale; and Associated Sanitary Waste Services/ Donald I. Horton.
Richard Willecke moved and Alex Hay seconded adjournment; the meeting closed at 8:05 p.m.
Respectfully submitted,
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Frances J. Castillo, Committee Secretary
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