Skip Navigation
This table is used for column layout.
Board of Health Minutes - 12-08-04
Present:  Richard Willecke, Chair; Lezli Rowell, Ken Granlund, Jr., Anne White, Alex Hay; Emily Beebe, Health Agent

Chair Willecke called the meeting to order at 7:00 p.m.  The meeting was tape-recorded.

Meeting Minutes:
Richard Willecke moved to continue consideration of the November 17, 2004 minutes until the January 12, 2005 meeting.  Ken Granlund seconded.  The Board voted to continue 4-0.

Title 5 Variance Request:
Infield, Crowell Road, Assessors’ Map 28, Parcel 144
Health Agent Emily Beebe explained that a new well permit application had activated review of the already varianced septic system.  Previously the well to septic variance was at 35 ft., now proposed for 65 ft.  After discussion of the best placement of the system, Lezli Rowell made a motion to have the approval handled at the Health Department office since the same variance had previously been approved and the setback would be improved.  Willecke seconded.  The only stipulation was to hold to a 50 ft. radius.  All approved the motion 5-0.

Discussion of Septic System Inspection Result:
Kemper, 150 Commercial Street, Assessors’ Map 21, Parcel 87
Anne White recused herself from the room because she is an employee of a company potentially involved with this property.  David Lajoie, representing Chris Kemper, and two realtors who are selling the property came forward to the table.  There were two matters of concern: a fluctuating nitrate report from water tests and an accurate bedroom count to determine septic system design flow for any upgrade required.

Ms. Kemper, at David Lajoie’s suggestion, had two separate testing companies analyze the water at 150 Commercial St.  Environtech Laboratories of Sandwich reported nitrates at 7.33 mg/l  on 10/7/04 and 6.13 mg/l on 11/1/04.  Groundwater Analytical of Buzzards Bay reported by phone (but have not yet sent the printed results) nitrates at 6.26 mg/l on the same dates.  For comparison the abutting property at 156 Commercial St. was tested; Environtech results for nitrates on 11/2/04 were 12.3 mg/l.  Kemper sought an explanation for these fluctuations.  The BOH did not have an answer to arbitrary methodology, but Chair Willecke pointed out that in any case the nitrates exceeded the limit of 5 mg/l.  

Lajoie indicated that Health Agent Beebe determined that the system needs to be repaired or replaced. The present 1,000 gallon septic tank is in good working condition. Lajoie favored installing or retrofitting leaching function with Innovative/Alternative technology.  An upgrade of the whole system would mean more variances to the wells.  The seller wanted to know what to do.  Agent Beebe requested a larger plan of the neighborhood, including the Holden Inn’s Public Water Supply well.  

Lezli Rowell wanted to talk about design flow for the system.  Health Department  sketches from a walk-through visit indicated a 5 bedroom count for the main house and 1 (one) bedroom for the cottage.  The assessors’ records provided by realtor Lynn McDermott had a 6 bedroom count for the main house without considering the cottage.  Rowell said 7 bedrooms is too large of a design flow for retrofitting the existing system in an under-designed leaching facility.  Kemper needs to choose between an upgrade to new Title 5 with 1,500 gallon tank for a larger bedroom count or agree to the 5 bedroom main house/1 bedroom cottage count (for at total of 6 bedroom design flow) for a retrofit with I/A technology system and BOH conditions.  Also Beebe would like the BOH to consider its approach to grand fathering bedrooms for pre-existing, non-conforming, vintage homes such as this one.  Richard Willecke moved to continue; Lezli Rowell seconded.  The Board voted 4-0 to continue.

Discussion:
Wellfleet Harbor Actor’s Theater, Route 6, Assessors’ Map 23, Parcel 212
Jeff Zinn of W.H.A.T., David Michniewicz of Coastal Engineering and Attorney Andrew Singer  came to the table to update the BOH on plans for the theater. The project has received Cape Cod Commission approval for exemption from DRI statutes and goes before ZBA on December 16, 2004. Michniewicz reported that D.E.P.’s first step for W.H.A.T. is water supply and quality testing of the Public Water Supply well.  A recent DEP letter to the applicant detailing draw-down testing and New Source Approval submitted requirements was handed out to the Board; the Board tabled consideration of the content with respect to its policy not to receive new submittals on projects in Public Hearings.  The proposed well withdrawal for the property is 1,200 gpd based on uses for the Wellfleet Post Office, office space, the theater and retail space.  Rowell cited the Cape Cod Commission’s note that local boards may attach conditions that are more restrictive than the Commission’s approval. Michniewicz  feels the installed septic system design flow is adequate and called the Board’s attention to the BOH ’s 1986 approval and conditions for a previous project with a mixed use.  The approved design flow from the 1986 plan was 1,610 gpd, but all that was installed was the septic system design flow to serve the Post Office.  This system, built in 1987, has a design flow for 893 gpd and leaching capacity of 1,160.  This septic system will remain for post office use.  

The second related issue was the inclusion of showers.  Jeff Zinn said that Actors Equity mandates that showers be provided for actors.  He says they are rarely used, but he wants to provide this amenity.  He does not believe that showers would push the usage over its limits.  The 1986 conditions on the installed septic stipulated prohibition on showers or dishwashers and additional water usage, possibly to discourage residential use.

Alex Hay suggested modification of the 1986 conditions to allow showers for the theater only.  Rowell, along with Willecke, felt that while the present BOH should respect the conditions of earlier boards, it was appropriate for the theater to have showers.  Rowell said this could be done by installing a second septic system for the theater uses including a design flow for the shower, retaining the existing septic with its conditions for the Post Office exclusively.  She also felt that accurate design flow for theater uses could be better accommodated in a second installation.

Emily Beebe stated that the 1986 letter was pre-Wellfleet Charter.  There was no process then other than BOH approval of plans brought before them by the Health Agent.

From the floor Steve Pechonis, as Plumbing Inspector, occasional handy man for W.H.A.T. and lover of the arts, spoke in favor of allowing showers.  He opined that we are in a “new world” of terrorism and Anthrax scares that were never a concern in 1986.  Showers, he felt, could serve as a safety facility, not just an actors’ amenity.

Rowell gave to Attorney Singer and Mr. Zinn her notes to the BOH expressing relationships, better well water withdrawal and septic system design flow.  She noted that this large commercial project, even with no septic variances, should receive maximum review. She could accept showers designed into the new plan.  She wanted assurance that the 1986 limitations for the post office septic system be kept in tact.  She also suggested that W.H.A.T. design for a total of 200% the DEP permitted Public Water Supply well use in its aggregate of septic system design flows to prevent a future mid-summer septic failure.

Other Business:
? After Chair Willecke made a few corrections on the Annual Report for 2004 which he had prepared.  Lezli Rowell praised Willecke for the report and suggested the Board authorize it for submission.

? A request from Rex Peterson for a new member for the Local Comprehensive Planning Committee was discussed.  Ken Granlund was the most likely candidate, but he needed more time to consider the position.  Willecke said the Board can revisit this at its January 12, 2005 meeting.

? Alex Hay, who had resigned from the LCPC, said it would be helpful if the BOH put out a statement about its ideas for water.  Rowell agreed that the Board could read the sections that pertain to the BOH and submit ideas for changes.  Beebe said the goals haven’t changed, but consistency was important.

? Emily Beebe said that at the January BOH meeting a representative from the Barnstable County Health Dept. will be present to discuss two new initiatives: 1.) existing regulations and desired directions for Build-Out, and 2.) a new database on I/A treatment & monitoring.

? Rowell submitted copies of a letter she is sending to the Planning Board regarding the IWPA zoning amendment’s language “justifying” use of radius determination.

? Rowell requested the BOH status of two property transfers. Beebe reported that the McDonald replacement well was allowed, but the septic had not been upgraded. The Kugel property had been upgraded.  . The information will be updated in the BOH  quarterly report. Agent Beebe mentioned another property with a failed septic system and wanted to know if BOH wished to handle these case by case or apply a standard method of inspection.  Rowell favored case by case because each one has a different determination.

? From the floor Selectman Helen Miranda Wilson questioned a meeting the BOH proposed with the Selectmen and FinCom. Willecke said it was to discuss failed systems and the Municipal Water System Master Plan.  Wilson wanted it specified that the meeting be with the Water Commissioners/BOS, not a Selectmen’s meeting.  Wilson also prefers to call the Master Plan the “comprehensive plan” or “plan of record” to reflect input from every board and Town Meeting, not just an outside consultant. Wilson’s concern was for another well besides Coles Neck get underway because she foresees the need of a back-up well. Beebe concurred that the next step has to be decided – a new well at the Boy Scout camp site or a water tower.

Licenses Granted:
The Board signed and granted the following business licenses for 2005:
Maurice’s Campground
Southfleet Motor Inn
Wellfleet Motel & Lodge
Mainstay
Sweet Seasons Inc.
Wellfleet Marine Corp.
Boathouse Fish Market
Hatch’s Farm Market
Wellfleet Market Place

Correspondence:
Mail will be considered at the next meeting January 12, 2005.

Adjournment:
Richard Willecke motioned; Lezli Rowell seconded; all voted to adjourn 5-0.  The meeting adjourned at 8:40 p.m.


Respectfully submitted,


Mary Rogers
Committee Secretary