Present: Richard Willecke, Chair; Lezli Rowell, Anne White, Ken Granlund Jr., Alex Hay; Erik Mitchell, Assistant Health Agent
Excused: Emily Beebe, Health Agent
Chair Willecke called the meeting to order at 7:00 p.m. The meeting was tape-recorded.
Minutes of September 8 and September 22, 2004
Richard Willecke Motioned a member meet with the Committee Secretary to achieve consistency in the format of the meeting minutes; Seconded by Rowell; Passed 5-0. Lezli Rowell will meet with secretary.
Title 5 Variance Requests
Town of Wellfleet – Town Hall, 300 Main Street, Map 15, Parcel 52
The variance request to upgrade a subsurface sewage disposable system was presented by Emily Beebe. Chair Willecke read the letter dated October 8, 2004 from Ms. Beebe into the record. Ms. Beebe explained the preliminary plan to the Board, and stated the soil testing was completed on 10/12/04. Ms. Beebe requested the final plan be dated 10/13/04 detailing the results of the soil profile. Ms. Beebe stated the septic tank and pump chamber will be located deeper than the maximum 3’ depth in order to match the existing plumbing.
· Willecke asked why the request for a variance from the wetlands was withdrawn. Beebe responded she was originally going to change the leaching area and decided against it due to well arcs close to the area.
· Discussion took place regarding Aesop’s and Hatch’s well locations, and other abutter well locations. Beebe stated the plan will be revised to accurately depict area wells and provide protective setbacks.
· Rowell stated her concerns about a septic system with insufficient septic flow design for summer peak use demands and pulse-load events, such as the Oyster Festival. Beebe responded that a smaller system was chosen due to cost restrictions. Because the system will be deep, no future upgrades will be made. A recirculating sand filter may be added in the future. Beebe stated one of the conditions would be for her to report back after the summer of 2005 with comparison of water use vs. design flow.
· Mr. Michael Parlante, abutter, advised the Board of the opportunity for the clustering houses in the district to hook up with the Town Hall System. He feels there is grant money available and asked the Board to take their time in their decision process. Beebe expressed caution of this idea due to the length of time it would take to notify abutters , make legal arrangements, and the length of time for the actual hook ups. It could require additional water, de-nitrification, additional money, and new plans. It would have to go before Town Meeting and Selectmen. Mr. Willecke asked if this could be designed into a two stage process; Beebe
responded the system failed at Town Hall and needs to be addressed now, but that she is certainly open to future endeavors. DPW needs to repave over the leaching areas with the current project and it would require the area to be dug up again.
· Rowell questioned Construction Note #7 if the aggregate was going to be washed at the work site; Beebe stated no, it would be washed before being transported.
· Rowell questioned the capacity notes of 1863 square feet (total area of leaching bed) and the long term acceptance rate of .74; Beebe responded 1,378 are the gallons per day design flow total from the calculations.
· Rowell stated it would be good to have the luxury of setting a precedence with the cluster system but we need to upgrade at the present time to protect the public health and the environment. Hay responded that the upgrade needs to be addressed immediately but to ask the abutters their thoughts on the cluster proposition.
· Beebe stated they will use 4 inch pipe, one vent on the northwest side toward the wetland, utilizing charcoal carbon filters.
· Rowell Motioned to approve plans presented by Emily Beebe, Registered Sanitarian, as revised 10/13/04 with soil log and engineer’s stamp, and well for Hatches Market identified and provided 100’ protective setback, with the following conditions:
1. Design flow is to be limited to 1378 gpd, to serve official building and public bathroom uses.
2. 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.
3. Water use is to be metered and monitored, reviewed annually by the Board of Health to compare with designed flow.
4. Potential pulse load events shall be required to provide portable sanitary facilities.
5. All elevations to be field verified by the Health Department.
Mitchell recommended deleting item #2 as a condition which could hinder future cluster system; Rowell retracted Condition #2 as an amendment (deed restrictions); Willecke Moved to accept amended conditions; Seconded by Hay; Passed 5-0.
Ms. Beebe reported there are only 20 doses of the flu shots available in Wellfleet. It was the consensus of the Board to have either Erik or Emily put together a letter to distribute to the public.
Menegay Realty Trust, 190 Blue Heron Road, Assessor’s Map 20, Parcel 136.
David Lajoie represented the Menegay Realty Trust. Willecke recommended they withdraw until the case is completed with the Conservation Commission. Rowell Moved this case be withdrawn without prejudice; Seconded by Willecke; Passed 5-0.
William H. Brokate, 99 Holbrook Ave., Map 20, Parcel 136.
David Lajoie represented the Brokate’s. Willecke read the September 22, 2004 letter into record requesting a new well installation with the variance of 19 feet from proposed well to existing cesspool. Lajoie stated the well was installed in June 2004. A well test was performed on August 27, 2004, with nitrate results at 4.5 mg/l. Rowell questioned Mitchell if Brokate would be obligated to upgrade to a Title 5 since this is a cesspool. Mitchell stated it would not be necessary because he is in compliance until the property is sold or an expansion takes place to the dwelling. There is no impact to abutters.
Rowell motioned to approve the septic variance as requested in letter of 09/22/04 and on plans presented by Felco Engineering, dated 6/21/04, for the installed, proposed 4” submersible-pump well, with the following conditions:
1. No increase in habitable area without Board of Health review per lot size of 7,867 square feet.
2. There is to be no conversion of use without Board of Health review.
3. 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.
Seconded by Willecke; Passed 5-0.
William H. Brokate, 107 Holbrook Avenue, Map 20, Parcel 135.
David Lajoie represented the Brokate’s. There was a discussion regarding the septic system inspection report. Willecke read the September 22, 2004 letter from Felco, Inc. Mr. Brokate stated he has not utilized the property very much in the past three years, and doesn’t feel the water tests reflect usage of his septic system.
· Ms. Rowell read engineer’s records of the well water laboratory analysis:
08/13/04 5.3 mg/l nitrate (MCL is 10 mg/l)
06/25/03 3.0 mg/l nitrate
06/07/00 1.67 mg/l nitrate
05/19/99 2.2 mg/l nitrate (coliform absent on all sample reports)
· Mitchell reported anytime a well is located within 100 feet of septic system, there is a requirement for a water test. If there is 5 mg/l, the septic system has statutorily failed. The Board still has the discretion to pass the septic inspection report or require an upgrade to a Title 5. Rowell feels what was installed met the design criteria at the time. Rowell noted the septic system has not been pumped since installation in 1995. This could be a condition. Mitchell stated single leach pits are not favored by current Title 5 Code due to lack of aerobic activity. Nitrates are not coming from ground water but from septic
influence. These are common failures in this town. Mr. Brokate stated the dwelling is used two to three months per year, and not used at all last year. He added a concrete lid to visually check to see if pumping was required. Mitchell stated the report results, if passed by the Board, will stand for two years, even if the property is sold.
Rowell Moved to approve the appeal and grant the septic system has passed for 107 Holbrook Avenue with the condition the septic system be pumped annually in September. Anne White moved to approve the appeal on the condition the water be tested on an annual basis. Rowell amended that all lab analysis be sent to the Health Agent. If 6 mg/l nitrate levels are reached, it is to be reported to BOH for adequacy of septic and well installation.
Mitchell stated 5 mg/l plus ammonia is a failure under Title 5 and requires review. Mitchell was concerned why this system is not failing at 5 mg/l now which is the current code. If the property
transfers, the property could be used more. Willecke asked if it would require changing the entire system or changing the leaching pit to a leach field. Further discussion took place
regarding granting the variance and the possible future upgrades, creating new well variances, and hooking up to Town water, which is not available at this time. Willecke stated he feels water quality needs to be incrementally improved. All previous motions were withdrawn.
Rowell Moved approval of the septic inspection report as placed with the following conditions:
1. Design flow is to be limited to 235.64 gpd, to serve two bedrooms
2. The well water shall be tested annually in September, with lab analysis results copied to the Board of Health
3. The septic system to be inspected in two years, with results submitted to the Health Department
4. 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.
Seconded by Hay; passed 5-0.
Other Business:
Patricia Pajaron and Maria Kalantzis, conversion of cottages to condominiums,
33 Leeside Hollow Road, Map 8, Parcel 161. The Wellfleet Zoning Board of Appeals requested the Board of Health review the application. Willecke stated the key map on the second page showed no scale, connects to Route 6A, not Route 6. These are two single family homes with the ten year rental history. There will be no change in ownership and no change in flow. The septic system is pumped every three or four years. The Master Deed explains the Trustees will be required to pump annually, and maintenance of the septic system and well will be the responsibility of the Trustees. The water tested at 1 mg/l for nitrates on 09/27/04. Rowell stated the Board will have to consider policy and certain condition sets to apply to condo conversions in the near future. Rowell
moved to forward the approval to the Zoning Board of Appeals for the Special Permit request, Seconded by White; Passed 5-0.
Willecke discussed the timber taken down at the dump site. The Board may need to consider restructuring the regulations to keep the public safety in mind.
With regards to the draft for recommendations for the water connection criteria, Erik Mitchell recommended additional changes which he handed out to the members of the Board.
There was discussion regarding the cost for people to drill test wells, the vacant lots in the Coles Neck area do not have potable water, the well known fact that water in the Central District is potentially compromised, groundwater at the land fill was contaminated but the plume has been tracked and potability could recover, what are the possibilities of people drilling for water knowing it would fail to get on the connection, and that leadership should come from the Board of Health. Rowell stated the Water Commission meets on October 25, 2004. She recommended Erik add contamination to existing dwelling to existing property and add FEMA Flood Plain descriptions. She requested Mitchell send updates to the Water Commission and copy the BOH.
Correspondence:
Willecke requesting the review of correspondence be postponed to the next meeting.
Rowell stated she was aware of deed restriction issued in 1986 to the property WHAT plans to build their theater “any changes must come before the Board of Health”. Mitchell stated is there are no variances, issues would go before the Health Agent, not the Board of Health.
Mitchell reported Danforth has vacated her property, with Court orders to have septic installed by May 30, 2005.
Rowell moved to adjourn the meeting at 9:12 pm; Seconded by Hay; Passed 5-0.
Respectfully submitted,
Richard Willecke, Chair Christine Bates, Committee Secretary
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