Present: Richard Willecke, Chair; Lezli Rowell, Ken Granlund, Jr., Anne White, Alex Hay; Erik Mitchell, Assistant Health Agent
Chair Willecke called the meeting to order at 7:02 p.m. The meeting was tape-recorded. The Chair noted that the Board had received their agenda packets late and, therefore, had little time to prepare for the meeting. Lezli Rowell moved that the Cook variance request (the only new variance request on the agenda) be continued until the next meeting so the Board could properly study the plan; Willecke seconded. Assistant Health Agent Mitchell noted that the Cook plan was a straightforward variance request and asked that it be presented and discussed at this meeting. Jason Ellis, the presenting engineer, added that continuance would be a hardship in that the property would be closing in two days. Rowell stated that she sympathized but had to disagree on principle because the
BOH had not received the agenda packet in time to examine the plan. Alex Hay favored hearing the plan; Willecke stated that he had not had time to study it; Anne White had come in leaning toward continuance but stated that she was not against hearing it. The motion to continue was called; the vote of 2-3 did not carry the motion. The plan was heard in agenda order.
Meeting Minutes.
Minutes of July 14, 2004. Rowell moved to accept the 7-14 minutes as presented; Hay seconded; the motion carried, 5-0. Minutes of August 11, 2004. Rowell moved to accept the 8-11 minutes as amended; Willecke seconded; the motion carried, 4-0.
Title 5 - Variance Requests.
Sparrow, 90 Pond Avenue, Assessor's Map #29, Parcel #385. (See minutes of 8-11 & 7-14.) This request for 3 variances to upgrade a septic system in conjunction with the renovation of an existing home was presented by David Lajoie of Felco Engineering; Mr. Sparrow was also in attendance. Chair Willecke read the cover letter of 8-24-04 into the record. Lajoie showed the BOH a new plan which he stated clarified the lot lines; he noted the property contained 41,386 of upland (for calculation of nitrogen loading limitations).
Ms. Rowell disagreed with this figure, citing a figure of 7,300 square feet from the Slade & Associates Revised Plan dated 7-9-02 which was submitted to and approved by the ZBA for upland lot area calculation. She noted the BOH needs to determine upland considering application of standard conditions. Agent Mitchell discussed the difference between different types of wetlands, e.g., those abutting the Sparrow property and those described in BOH Reg. 608: This regulation shall apply in cases where the property extends into salt marshes, filled wetlands and land subject to tidal action.
Rowell noted that ground-water monitoring had not yet been done during a full-moon cycle. Lajoie discussed the monitoring data and proposed that he check it over the coming full-moon cycle to assure that the 5' separation is provided before he applies for the Disposal Works permit. Rowell stated that it would be reasonable to condition approval of the request on the results of the full-moon cycle groundwater ordered to be monitored by the BOH according to 310 CMR 15.103 Sect. 3 (2).
Rowell moved to approve the Felco plan dated 7-25-04 and to grant the three variances requested in the Felco letter of 8-24-04 for the upgrade of the septic system to serve a 3-bedroom structure, serving a grandfathered, non-conforming dwelling (with respect to the Nitrogen Loading limitation and local Board of Health regulation #608) utilizing a FAST denitrification I/A system under Remedial Use approval category, subject to the following conditions:
Design flow is to be limited to 333 gpd to serve three bedrooms.
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 deed recording 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.
No increase in habitable area without Board of Health review (when lot is under 10,000 S.F.) per 310 CMR 15.608.
Approval contingent upon groundwater monitoring data provided to the Health Department
Ken Granlund seconded the motion; the motion carried, 5-0.
Fabris, 41 West Main Street, Assessor's Map #14, Parcel #137. David Lajoie of Felco Engineering presented this continued request for variances for upgrade of an existing septic system with no expansion of existing structure. (See minutes of 8-11.) The Chair noted that the letter of 7-22-04 had already been read into the record at the previous meeting. Agent Mitchell reported on the site inspection requested by the Board; he verified that four rooms exist meeting the BOH definition of a bedroom and that a fifth room, being used as a bedroom, does not meet that definition. Lezli Rowell remarked on the importance of looking carefully at small properties with grandfathered bedrooms for appropriate septic system design flow.
Rowell moved approval of the Felco plan and the granting of 7 variances requested in the Felco letter of 7-22-04 to upgrade a septic system to serve 4 bedrooms, serving a grandfathered, non-conforming dwelling (with respect to the Nitrogen Loading limitation), subject to the following conditions:
Design flow is to be limited to 440 gpd.
No increase in habitable area without Board of Health review for lot size of 6,534 square feet.
There is to be no conversion of use without Board of Health review.
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 deed recording 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.
For FAST Unit: 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.
Willecke seconded the motion; passed, 5-0.
Menegay Realty Trust, 190 Blue Heron Road, Assessor's Map #41, Parcel #12. David Lajoie requested another continuance to the second meeting from date, when the project will have come before ConsCom. The Chair moved to continue the Menegay variance request until September 22, 2004; Rowell seconded; the motion carried, 5-0.
Cook, 3096 Baker Avenue, Assessor's Map #20, Parcel #57. Jason Ellis of J. C. Ellis Design presented this plan for upgrade of an existing cesspool (due to an anticipated sale) necessitating this request for five variances. The Chair read into the record two letters from J. C. Ellis dated 7-31-04: one listing variances and the other explaining the project. The two buildings on the property, house and garage, total 4 bedrooms on a 9600 square foot lot. No well variances have been requested.
Lezli Rowell, agreeing that the variance requests are minimal, asked the reason for listing the "no reserve area requested," noting that it is not commonly seen. Ellis explained that DEP regulations state that "no reserve area requested" needs to be listed only if it is the sole variance sought.
To Rowell's question on treatment for abandoned cesspools, Agent Mitchell stated that they are generally filled with clean sand.
Anne White moved to approve J. C. Ellis Design plan dated 7-8-04 and to grant the five variances requested in the letter of 7-31-04 for the upgrade of the Cook septic system, subject to the following conditions:
Design flow is to be limited to 444 gpd.
No increase in habitable area without Board of Health review.
There is to be no conversion of use without Board of Health review.
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.
Lezli Rowell seconded; the motion carried, 5-0.
Discussion on Wellhead Protection. BOH members responded to the cover letter and the proposed revisions of two zoning bylaws (Districts Established, 9.1.2 and Use Regulations, 9.1.4) sent by Rex Peterson, Assistant Town Administrator to Town Counsel, Atty. Elizabeth Lane, on 8-24-04. Commenting on their surprise that these articles were to be part of the 10-18-04 Special Town Meeting Warrant, members felt that they had been treated cavalierly in that their work had not been considered in the preparation of this document.
Lezli Rowell noted that Allowed, 9.1.4.1. had been reduced; she moved that the Section 9.1.4.1 produced by the BOH at its 8-11-04 meeting, #s 1 through 9, be forwarded to the Planning Board and the ATA as the recommended section for this article. Anne White seconded. The motion carried, 5-0.
Rowell stated that Planning Board seemed to want to use street bounds to determine the district of wellhead protection. She expressed herself not comfortable with arbitrary boundaries and suggested either a hydro-geologic survey or use of a ½ mile radius. Mitchell commented that because of the size of the well (at 100,000 gpd), the DEP requirement for a full hydro-geologic study is not triggered, and that Health Agent Beebe had suggested that John Masterson of the USGS and/or Mike Quink of the DEP be asked to speak to the Board regarding hydro-geologic survey and radius.
Rowell felt more comfortable with an appropriate radius than with arbitrary land area; she also thought the Planning Board proposal went too far to the east. Alex Hay asked the danger of lawsuits stemming from arbitrary lines and felt that the boundary should follow a specific radius set by the DEP. Ken Granlund was not pleased with recommending the Planning Board proposal and noted that he had thought this article was settled for the Spring Town Meeting warrant. Anne White, who had been looking forward to working on this article over time, agreed that the radius idea was preferable.
Rowell moved and Willecke seconded that the BOH recommend that the entire District II Section be stricken from the article until it could be replaced with something functional and consistent with DEP Wellhead Protection District Guidelines. The motion carried, 5-0. Mitchell proposed to invite Masterson and Quink to the September meeting when Planning Board is to meet with the BOH. Chair Willecke proposed that he and Vice-chair Rowell meet with Peterson and report back to the BOH.
Under Section 9.1.3.1 Prohibited, Rowell moved that in #20 the citation 314CMR 5.00 be followed in parentheses by its full name (to identify it as industrial facility); Ken Granlund seconded; the motion carried, 5-0.
In the same Section 9.1.3.1, Rowell moved that in #22 the BOH #19 become added as (d) in Peterson's version, to state: Increase in the design flow for any residential septic system is permitted up to the Nitrogen Load Limitation of 110 gpd for every 10,000 feet. Alex Hay seconded; the motion carried, 5-0.
Chair Willecke moved that BOH #20 be substituted for Planning Board's #23; White seconded; the motion carried, 5-0.
Of 9.1.4.4 Site Clearing, Rowell noted that septic system upgrades might require more than 30% clearing of a lot; she also inquired whether 9.1.4.4 was consistent with drinking water regulations. Mitchell commented that improving wildlife habitat might also call for more extensive clearing.
Discussion on Municipal Water System Connection Criteria. Agent Mitchell announced that the Board of Water Commissioners has set a meeting for October 5 at 7:00 p.m.; he will ascertain their deadline for comments on connection criteria.
The Chair noted the material on sodium included in the packet; discussion followed of EPA and DEP guideline of 10 parts per million of sodium. Willecke asked if this should be a standard for Wellfleet. The previously decided hierarchy of contaminants (in descending order)--VOCs, pathogens, excess nitrate and salinity, nitrate, and salinity are primary; sodium is a secondary contaminant. Willecke pointed out that a lower level setting on sodium would increase the number of people eligible for hookups (e.g., those on special low-salt diets); however, consistency with other regulatory bodies might leave the BOH less vulnerable to questioning. Anne White thought the 20ppm might be a bit low. Mitchell suggested that Mike Quink might be able to comment on DEP
standards, guidelines and recommended limits at the September meeting.
Chair Willecke expressed his concern over the deadline for comments from the BOH. Rowell suggested that the Chair and Anne White meet for discussion with Mitchell for further discussion of water system criteria. By consensus, the discussion will be continued at further meetings.
Licenses and Permits. The following business licenses were signed by the Board:
Debra Giza, massage license
Erin Johnson Mitchell, massage license
Harborside Village Cooperative Corporation
Maurice's Campground
Molly Mae Benjamin, massage license
James Roderick, Jr,, disposal works license
Correspondence File. The Chair reviewed the file:
Letter from Agent Beebe to Jeff Zinn, WHAT Theater regarding water and septic questions for the performance tent (read by Rowell)
Notice of septic system failure--Hiawatha Road
Update on Danforth ticketing
Citation of health violations: Joseph Lema. Discussion followed of violations, fines, enforcement orders, close-downs, county-town cooperation.
Letter on temporary closing of the Wellfleet Lobster Hutt--discussion
Letter from Charter Review Committee--Ben Gitlow's request for recommendations.
Other Business: Agent Mitchell suggested additions to the requirements listed in the letter sent to engineers:
The addition of an assessor's card to the assessor's list
Floor plan provided by engineer or owner for verification of number of bedrooms. Rowell recommended asking this only in cases in which the BOH needs to know the number of bedrooms.
Lezli Rowell moved and Ken Granlund seconded that the meeting be adjourned; the meeting closed at 8:55 p.m.
Respectfully submitted,
_____________________________________
Frances J. Castillo, Committee Secretary
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