Wellfleet Board of Health
Minutes of Meeting of July 28, 2004
Senior Center
Present: Richard Willecke, Chair; Ken Granlund, Jr., Anne White, Alex Hay, Emily Beebe, Health Agent
Excused: Lezli Rowell
Chair Willecke called the meeting to order at 7:01 p.m.
Discussion of Wellhead Protection Districts and Expansion of Water System in Central District. This agenda item was intended to be a joint discussion with the Planning Board; however, because of several Planning Board members' inability to attend this meeting, the joint discussion will be rescheduled for the middle of September. Agent Beebe having provided BOH members with information from (310 CMR: DEP regulations) on Wellhead Protection Zoning and Nonzoning Controls as well as a map of the Wellfleet Wellhead Protection District of 1997, this formed the basis of the succeeding discussion. Basic points appear below.
The Health Agent noted that the BOH should review the state code in the packet. She stated that the Planning Board was considering extending wellhead protection to the Cole's Neck property and concerns about the method of determining the Wellhead Protection District had been raised at the Annual Town Meeting. Also at the ATM, in reference to an Article dealing with zoning in the seashore, concerns were voiced about zones in which stables existed; manure management programs and hazardous materials used in furniture refinishing, etc. were discussed. Beebe noted that since the BOH has a manure management plan in place, it would be able to address such issues lot by lot. She added that Wellhead Protection is necessary because of siting of large-scale municipal
projects and control of problems such as junk yards.
Chair Willecke questioned the need for a Zone 2 designation (for a well that exceeds 100,000 gpd) if the Cole's Neck well pumps up to 100,000 gallons per day and needs only 400 feet of protection? Beebe answered that the Town needs a redundant well in place (in case the Cole's Neck well should fail), sited, and protected and that possibly two new wells will be drilled. She informed the Board that a USGS hydro-geologic survey could be mapped out with funds that are available from Barnstable County by request.
Willecke discussed item (2) 6. of the state regulations, citing concern over rights of individual homeowners. Beebe noted that this regulation is an industrial application which would not impact homeowners. Willecke, Granlund and White all expressed satisfaction that residential expansion and property rights would not be affected.
The Chair, referring to item (2) (b) 4. of the regulations, noted that the procedures for storage of animal manures paralleled those of Wellfleet regulations. He suggested that BOH members prepare a position paper to inform individuals with questions concerning the Wellhead Protection Zoning. Anne White volunteered to help the Chair and Agent Beebe prepare the position paper.
In response to the Health Agent's question of whether the BOH was interested in pursuing the USGS survey, Willecke moved and White seconded that the Health Department request funds from the county for the preparation of a USGS hydro-geological study of Zone 2 of the Cole's Neck area. The motion carried, 4-0.
Discussion moved to expansion of the water system in the Central District. The Health Agent stated that concern existed over the expansion of the system with commensurate increase in use. Title 5 requirements would change somewhat in situations where nitrogen-loading regulations did not apply, and 10,000 square feet per bedroom would not be required. She projected that to deal with further downtown expansion, either a zoning bylaw change or a BOH regulation should be put in place before the expansion of the water system. To audience member Jean Schaeffer's comment that zoning setbacks would keep down excessive growth, Beebe pointed out the already-in-place congestion of some areas of pre-existing non-conforming dwellings in the Central District. She added
that this problem needs discussion with Planning Board, which would be looking toward some sort of "capping growth" bylaw.
Ms. Beebe explained the significance to the Town of Wellfleet of the "standard of 5 parts per million" of nitrates rather than of 10 ppm in facing the problem of nitrogen loading. The BOH must look at groups of residents (e.g., in Cole's Neck) who do not have to conform to nitrogen loading regulations and can, therefore, expand their homes, and the necessity of protecting abutting neighbors on private wells whose water supplies could potentially suffer. She noted that the Board needed to decide whether to (1) look at growth through its nitrogen loading regulations or (2) let the Planning Board control growth through zoning regulations.
The Board weighed in: Ken Granlund was loathe to use BOH regulations as zoning, noted that enough boards have restrictive regulations, and felt that people on water systems should have to follow the same regulations as others who were not. Richard Willecke was concerned that a homeowner's well might be polluted by a neighbor who had added 4 bedrooms and felt that protecting wells should be a BOH issue. Granlund agreed but added that meetings and hearings needed to be held concerning the issue. Alex Hay stated that Title 5 is Wellfleet's zoning right now; he added that between the BOH and Planning Board regulations could be determined. Anne White shared the concern over BOH regulations as zoning but stated that we do not operate in a vacuum--she added that
if an issue affects the public heath, it is her duty to make what might be a tough decision. Willecke, feeling that this issue was primarily a wastewater problem, stated that need to consider zoning to regulate wastewater.
From the audience, Jean Schaeffer advanced the opinion that the BOH's concerns are public health, clean water, and wastewater flow, that the focus of controlling the number of bedrooms was how control had formerly been achieved, and that the zoning people should decide how to control size. David Breen (former Chair of the BOH) noted that in October of 2001 the town had voted for the minimum water system to satisfy the DEP consent order. Citing his scientific background, he referenced BOH minutes concerning the danger of "blue baby syndrome," asserting that 5 ppm of nitrates does not naturally trigger illness. The Health Agent read aloud information on nitrate standards, including the results of too much nitrite in the bodies of infants, and stated that the
EPA has set the standard of 10 ppm for nitrates to avoid such results.
Board of Health Discussion on Water System Connection Criteria. Health Agent Beebe introduced discussion by noting that there are between 30 and 40 separate properties waiting to be connected to the town water system. Reasons for these requests are elevated nitrates, elevated sodium, and elevated sodium and nitrates--properties are both residential and commercial, including three separate public water supplies (On the Creek Café--greater than 10 ppm nitrates; Wellfleet Harbor Condominiums--16 two to three bedroom cottages with greater than 10 ppm nitrates; and the Bookstore Restaurant--sodium measuring in the 9000's, with the recommended level at 20). Beebe mentioned a property on Commercial Street which had recently come to her attention; the owner, trying to sell this property, has found
that the locus well is testing at 20 ppm nitrates. The Health Agent noted that this property should assume high priority on the hook-up list and that testing should be continued. Richard Willecke asked about the efficacy of averaging testing results over time; Beebe proposed asking George Heufelder of Barnstable County about this. Other comments followed:
Aida Donald, from the audience, cited a recent Water Commission meeting and questioned the Board about double plumbing and whether the BOH had formed an opinion concerning such a requirement for new connections.
Chair Willecke queried whether PWS should be given priority over private residences, noting the difference between use by more people over a shorter time period vs. fewer people over a longer time stretch. Ken Granlund felt that first come (application date) should be first served but that this should also be based on nitrate levels. Jean Schaeffer noted that PWS systems affect a greater number of people. Alex Hay stated that the amount of water used should have an impact on decisions. Ted Schaeffer felt that this represented a quandry between year-round users and summer residents; he asked what would happen to people left over after capacity had been used up. Aida Donald asked if a system such as a lottery could be used. Health Agent Beebe, speaking
of the Bookstore Restaurant's PWS, noted that this was located at the end of the water line and that its year-round use would be valuable in preventing stagnation in the line, improving the efficiency of the system.
Jean Schaeffer asked if she could address the Board on the subject of the water system connection criteria, noting that she was a private property owner on the water line route, needing water and with a May nitrate reading of 7.6 ppm. She distributed and explained a document containing a proposed time-line for the water system and recommended that the criteria to be used to choose connectors be based on health requirements. Speaking of the policy statement included in the Board's packet, she stated that it applied only to private systems. Schaeffer emphasized that the definition of water quality needed to be very carefully considered; for example, how about coliform bacteria? Isn't that worse than nitrates? She advised thinking about water quality rather
than personalities when choosing.
Alex Hay felt that what the Board of Health is attempting to do is exactly what Ms. Schaeffer was asking: basing its criteria upon unbiased, scientific facts. The Health Agent commended her comments on coliform bacteria, advising its addition to a criteria list which also should include (primarily) nitrogen and sodium.
Ms. Beebe also noted that in the event on a property transfer when a well is within 100 feet of a property line and tests greater than 5 ppm, a question should be posed as to whether the well could be moved.
Licenses. The Board of Health signed the following business licenses: Massasoit Hills Trailer Park, Maurice's Campground, Inc., Harborside Village Cooperative Corporation, and moveon.org. Evelyn Jackson and Erika Bouza (food sale).
Other Business.
Ken Granlund brought in a letter to the Board from Virginia Crossman concerning the enforcement of new rules on the attachment of beach and dump stickers; it was suggested that this topic fell under jurisdiction of the DPW. Anne White moved and Chair Willecke seconded that the Health Agent carry the letter to the Department of Public Works for reply. Carried, 4-0.
Discussion as to Health Department and BOH preparation for the water system connection criteria ensued. The Health Agent was unsure whether the BOS would ask the BOH to evaluate each piece of property. The Chair reviewed the considerations discussed at this meeting: coliform, nitrate, sodium, salinity, seasonality and the amount of yearly use, volume as it plays into nitrogen loading--this list to go into the next BOH packet.
Erik Mitchell, Assistant Health Agent, will attend BOH meetings in August and September. Agent Beebe, Chair Willecke, and Anne White will meet at 9:00 a.m. on Friday, July 30 to work on the position paper mentioned above.
Alex Hay moved and Ken Granlund seconded that the meeting be adjourned; the meeting closed at 8:25 p.m.
Respectfully submitted,
____________________________________
Frances J. Castillo, Committee Secretary
| 
