Wellfleet Board of Health
Minutes of July 14, 2004
Senior Center, Great Pond Room
Present: Lezli Rowell, Chair; Richard Willecke, Ken Granlund, Jr., Anne White, 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 May 26, 2004 and June 23, 2004. The Chair moved and Willecke seconded approval as amended of the 5-26-04 minutes; the motion carried, 3-0-2. Willecke moved and Granlund seconded approval as amended of the minutes of 6-23-04; the motion carried, 3-0-2.
New Massage Licenses.
Debra Giza, currently at Willie's Gym under an Eastham license, has submitted an application for Mobile Massage. Chair Rowell moved and Alex Hay seconded approval of Ms. Giza's application; the motion carried, 5-0.
Erin Mitchell, self-employed in Newcastle Theraputic Massage, has submitted an application for Swedish, deep tissue, massage. Richard Willecke moved and Anne White seconded approval of Ms. Mitchell's application; the motion carried, 5-0.
Title 5 - Variance Requests.
Rauch, 35 Old Salt Lane, Assessor's Map #41, Parcel #72; upgrade required due to pending transfer of deed. Previously approved by the BOH, the revised plan presented by Jason Ellis Design Company shows a new variance (#7) required to site a new well due to problems on site with the original well encountered during construction. A water test has been submitted and cleared. The new well is higher topographically from the existing cesspools. Chair Rowell moved and Willecke seconded that the Board of Health approve J. C. Ellis Design plan (revised 7-1-04) and grant the variances requested in the letter of the same date for the upgrade of the septic system to serve a 3 bedroom grandfathered, non-conforming dwelling (with respect to the nitrogen-loading limitation)
subject to the following conditions:
Design flow is to be limited to service of 3 bedrooms; a variance allowing 25% reduction of the leach area has been allowed.
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.
All conditions shall be recorded against the deed for the property at the Registry in Barnstable, and proof of deed recording shall be submitted to the Health Department prior to the issuance of the Disposal Works Permit.
The motion carried, 5-0.
Miller, 24 Crowell Road, Assessor's Map #28, Parcel #145; variances for existing dwelling requiring an upgrade due to renovation with no increase in flow requested. Presented by Matt Farrell of Bennett & O'Reilly, the plan involves an upgrade of septic system where a previous release of fuel oil had occurred six years ago. Treatment included removal of contaminated material and a free product removal proceeding with bio-remediation to treat groundwater. Treatment is in final stages and residual contamination appears to be caught under the street. Abutting Parcel 144 is proposing to move its well at some point in the near future. A discussion of the water quality followed. Anne White moved and Richard Willecke seconded that the
Board of Health approve the septic upgrade using the Fast System and approve the variances as presented with the following conditions:
Design flow is to be limited to 330 gallons per day to serve 3 bedrooms.
There is to be no increase of habitable area without Board of Health approval.
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.
The motion carried, 5-0.
Cronin, 120 Indian Neck Road, Assessor's Map #28, Parcel #54; variances required to upgrade septic system due to transfer of deed. This plan was presented by Matt Farrell of Bennett & O'Reilly, who noted that due to the seasonal nature of the house they were not showing additional treatment, that the neighborhood shows 2 wells nearby with greater than 5 ppm but none greater than 10 ppm, and that the groundwater is in a northerly direction where no wells are within 100 feet. Richard Willecke cited the possibility of a changing use in 10 years and no trigger to provide additional treatment at that point. It was noted that the intent of the BOH is to protect as many wells as possible but there is not any impact other than on the locus well and no impact on
marine resources; Ken Granlund leaned toward granting the variances because of this reason. Anne White expressed concern about the density of the area and the inability to recover the site when/if it becomes year-round. Chair Rowell looked at the separation to other wells as adequate. Alex Hay was sympathetic to the seasonal argument. The local regulations and the variance conditions were read. Chair Rowell moved that the Board of Health approve Bennett and O'Reilly plan BO04-3943 dated 5-14-04 and grant the variances requested in the letter dated 7-1-04, accepting groundwater flow information and water quality data as mitigating factors to exempt from application of Local BOH Regulation #607. The septic system is to serve a 3-bedroom, grandfathered, non-conforming dwelling (with respect to the Nitrogen loading limitations) subject to review of assessor's cards and other Town records as necessary for the Health Agent to validate the existing
number of bedrooms. Approval is also subject to the following conditions:
Design flow is to be limited to as constructed to 330 gpd, to serve 3 bedrooms.
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.
3. 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 deed recording shall be submitted to the Health Department prior to the issuance of the Disposal Works Permit.
The motion carried, 3-2.
Sparrow, 90 Pond Avenue, Assessor's Map #29, Parcel #385; variances required to upgrade system due to renovation with no increase in flow requested. Douglas and Judith Sparrow presented their request; Chair Rowell read into the record the Sparrow letter dated 6-26-04 explaining the project as it now stands and referencing the variances previously requested by Felco engineering in 2002.
Mr. Sparrow explained that Felco had not completed the revised plan in time for the meeting, to which the Chair responded that the BOH needed time to review the plan and suggested continuing the hearing for receipt of the plan and adequate review time. Mr. Sparrow indicated his hope that to keep this project moving the Board would review the proposal based on the original plan subject to revisions (including the Fast system) which he had cited. Willecke felt that there were other issues involved, particularly noting his concerns about the 2' separation to ground water, which he hoped Mr. Lajoie would address.
Rowell moved to continue the hearing to allow the revised plan to be produced, submitted to the Health Department, and given to the Board timely for consideration, adding to the motion that 310 CMR 15.103 (calling for tidal ground water monitoring to adequately judge separation to ground water) be observed and data submitted to the Health Agent along with plans. Willecke seconded; after explanation by Rowell and Beebe to Mr. Sparrow of the reason for the addition to the motion, the motion passed, 5-0. The hearing was continued until Felco can get the revised plan to the Health Department, perhaps on 7-28-04.
Menengay Realty Trust, 190 Blue Heron Road, Assessor's Map #41, Parcel #12; variances requested for new construction. Because revised architectural plans are needed, continuation has been requested until 8-11-04. The Health Agent explained to the Board reasons for the long process of continuation. Alex Hay moved for continuation; Ken Granlund seconded; the motion carried, 5-0.
Old Business--Discussion on current enforcement process.
The Health Agent updated the Board on all elements of the Danforth and Manchuck enforcement proceedings. Mary Giorgio will be the attorney for the Town in the Danforth issue; she has requested all pertinent documentation and will file an enforcement order with the court.
The Health Agent suggested that the BOH produce and pass regulations dealing with nuisance situations, such as trash complaints, to aid her in enforcement of such complaints. Richard Willecke suggested putting together a set of modifications for several regulatory changes and advertising a public hearing on them simultaneously. In the meantime, the Health Agent proposed to pursue enforcement of a recent "garbage complaint" in the short term by looking at neighboring regulations and consulting George Heufelder.
The Health Agent reported upon 2 municipal septic system problems: Town Hall system's failure in late June (to be upgraded in the late Fall) and the Marina system (which has not been properly maintained up to now). Rowell requested that the Health Agent report to the BOH on the condition of all municipal septic systems; Beebe replied that she and Mark Vincent had investigated this last Fall and that the Police/Fire facility was probably the next system to be upgraded. The condition of Baker's Field system was also discussed.
Richard Willecke moved that any request for variances non-compliant of BOH Regulation 7002 shall be automatically continued to the next meeting to allow for full compliance; Rowell seconded; the motion carried, 5-0. A letter will be sent to engineering firms to insure their awareness of the elements of Regulation 7002.
Board Reorganization. Chair Lezli Rowell thanked the Board for a year of support and moved that the Chair for the next year go to Richard Willecke; Ken Granlund seconded; the motion carried, 5-0. Willecke thanked Ms. Rowell for her leadership role over the past year and moved that she be named Vice-Chair; Alex Hay seconded; the motion carried, 5-0.
Correspondence. Rowell reviewed the Correspondence File, including:
Letter from Abby Franklin of the steering committee for the State of the Wellfleet Harbor Conference. Rowell moved that the BOH be a co-sponsor of the conference as it did last year; Willecke seconded; motion carried, 5-0. Rowell noted that members were wanted for the steering committee.
Registration program for MAHB programs coming up in October-November; members interested should contact the Health Agent. Willecke referenced the MAHB website for information on a free training session for BOH members.
Beach-coastal information; Smoke-free workplace law; letter to South Wellfleet General Store on cigarette sales to minors; notices of failures to correct violations; letter from abutter regarding the abandoned construction of storage facility in South Wellfleet.
Richard Willecke moved to adjourn; Alex Hay seconded.
Respectfully submitted,
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Frances J. Castillo, Secretary (from E. Beebe's notes)
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