Wellfleet Board of Health
Meeting Minutes of January 12, 2005
Page 1
Present: Richard Willecke, Chair, Lezli Rowell, Ken Granlund, Jr., Anne White, Alex Hay;
Emily Beebe, Health Agent, Christine Bates, Committee Secretary
Chair Willecke called the meeting to order at 7:00 pm. The meeting was tape recorded.
Meeting Minutes:
Lezli Rowell moved to approve the meeting minutes of November 17, 2004 with noted amendments; Seconded by Alex Hay, Passed 5-0.
Lezli Rowell moved to approve meeting minutes of December 8, 2004 as presented; Seconded by Anne White, Passed 5-0.
Presentation by Sue Rask of the Barnstable County Health and the Environment:
Ms. Rask explained the current Innovative/Alternative System tracking mechanism and the proposed system using web-based technology. The new tracking system can be utilized by each town on the Cape and customized for each town. There is no cost to the town. It will track maintenance and inspections, identify when inspections are needed, provide notification of needed maintenance when out of compliance and track testing results. Customized letters can be generated to land owners. It will allow each town to have a history of all I/A systems and provide data in real time. The system will have the capability to scan permits, and reports will be available by printing out at local site or requesting Barnstable to provide a report. Ms. Rask proposed a new regulation be put in place which will
require all owners to report the results of their operation, maintenance and monitoring activities which will provide all information needed for data on variances. Agent Beebe stated by utilizing this system and gathering information of the present systems, it will help us determine where the town will be in ten (10) years. A brief discussion took place regarding the waste water management for the Town.
Discussion:
Steve and Nancy Durkee, 125 Marven Way, Map 21, Parcel 26, proposal to construct studio and guest room. The proposed construction consists of two 16 x 16 buildings separated b a courtyard. The Board determined this proposal would add two (2) bedrooms. Rowell stated there are already five (5) existing bedrooms in the original structure. It was noted the design flow has leach beds in the original septic system. Agent Beebe stated there is also a peat filter bed which was installed and monitored by the County. It is not being used at the current time and there is no connection to the septic system. Rowell stated she would like to request an inspection of the property and Agent Beebe stated an upgrade would be the best solution considering there will be seven (7) bedrooms.
Rowell Motioned that the Durkee property require an upgrade for a new septic system providing 770 gpd design flow, to replace use of existing peat filter technology septic system. As an expansion, plans are to be approved by Health Department under “New Construction” criteria of no variances; Seconded by Richard Willecke; Passed 5-0.
James Hadley and Patricia Crow, 245 Cahoon Hollow Road, Map 16, Parcel 602: Health Agent Denial based on number of bedrooms. Mr. Hadley requested his letter of November 8, 2004
be entered into the meeting minutes for the record. A discussion took place regarding the definition of a bedroom under the Title 5 regulations. The Board asked the applicant why they could not utilize one or two dehumidifiers, a special paint, or insulation on outside of cellar walls for the moisture issues. Agent Beebe stated the lot is extremely small (13,000 square feet) and that the lot is restricted to one bedroom use. The original structure was a small camp; the Haley/Crow residence is a demo-rebuild only allowed this limitation. It has a one bedroom floor plan with a studio loft, which is considered habitable area. Plans approved by the Building and Health Departments dated June 10, 2004 were for unfinished basement, not habitable area. Lezli Rowell stated that she is
concerned about stressing a 110 gpd design flow limited septic system, posing a risk for hydraulic failure, soil breakout and public health risk or condemnation under the Sanitary Code if over-development is permitted. Mr. Hadley stated he questions the regulations and how the BOH determines habitable areas. Richard Willecke read the definition of a bedroom from the regulations. Hadley stated there are no doors or egress in the basement. Agent Beebe pointed out that the Building Inspector stated that the windows conform to Building Code definitions of egress. Willecke considered that the storage area of the basement floor plan could also meet the definition of a bedroom, even with a 5 foot opening. He suggested that the Board request additional information regarding the square footage of the loft area from the Building Department, as well as installed septic plans from the Health Department. Lezli Rowell Moved to continue hearing to
January 26, 2005; Seconded by Richard Willecke, Passed 5-0.
Variance Requests:
Tereasa Martin, 70 Commercial Street, Map 21, Parcel 70: David Lajoie represented the applicant. Willecke read the December 6, 2004 request for variances for the record. The property consists of two buildings with three floors and seven (7) bedrooms, along with a trailer which has two bedrooms. Lajoie proposes maximizing the distance on the existing well with alternative treatment for two leaching fields. He recommended having the upper level of the building be connected to one leaching field and the lower level and trailer be combined into one system. Agent Beebe asked the Board if they wanted to accept the trailer as grandfathered bedrooms, even though the design does not meet minimum square footage. Ms. Rowell does not consider the trailer a structure and wanted to
know if there is anything on record regarding it. A letter from Victor Staley dated 03/09/04 was read into the record. Rowell stated she would recognize the dwelling with seven (7) bedrooms but does not recognize the trailer as a structure. An abutter stated the trailer was abandoned. Mr. Burbank, an attorney for an abutter, stated the trailer was utilized in the summer a couple of years ago. Lezli Rowell Moved to continue the hearing to January 26, 2005 to allow the engineer an opportunity to redesign the septic system for a seven (7) bedroom design flow and locate all wells 100 feet of the property. Rowell stated the trailer could be utilized as an accessory building, but would need to be moved within the setbacks. The property was assessed and taxed for residential, and the trailer is improperly habitated with no permit. Wellecke Seconded the motion to continue; Passed 4-0.
Michael and Kathy Dennison, 1546 Baker Ave., Map 14, Parcel 186: David Lajoie represented the applicants. Ms. Rowell questioned how many bedrooms there were based on the den and slab with hot tub. Willecke Moved to approve Felco Plan 04093 dated 10/14/04 and grant the seven variances requested in the Felco letter of 12/03/04 for the upgrade of the septic system for a four (4)
bedroom structure serving a grand-fathered, non-conforming dwelling utilizing Microfast denitrification technology under the remedial use category subject to the following conditions:
1. Floor plans to be approved by Health Department.
2. Soil conditions to be verified by Health Department.
3. Design flow is limited to 448 gpd.
4. No increase in habitable area without Board of Health approval.
5. Well water tested and found potable, with results copied to the Health Department prior to the issuance of a Disposal Works Permit.
6. A copy of a three year O and M contract with a certified waste water operator shall be submitted to the Health Department prior to the issuance of a 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 two years of operation, semi-annually for the next two years and one sample annually from then on. Upon transfer of deed this schedule shall be restarted. All results are to be copied to the Health Department. Any other sampling per DEP approval.
7. Restrictions in design flow and all conditions shall be recorded against the deed for the property at the Registry in Barnstable, proof of deed recording shall be submitted to the Health Department prior to the issuance of a DWP.
Rowell Seconded; Passed 5-0.
Licenses: Several licenses were signed by the Board.
Other:
Richard Willecke reported he wrote a responses letter to Susan Blake which will be mailed out. Agent Beebe reported a site visit was made and the situation is a public safety risk. Rowell stated the BOH approved only repair to riser courses of cesspool block and if that repair would not restore function, then there would need to be the upgrade to Title 5 which the board had approved. Agent Beebe is waiting for a letter from E-Z-Doze-It. Agent Beebe will write a letter with her findings and copy the BOH, asking Ms. Blake to come back to the Board.
WHAT is in the process of updating their septic installation plan and Public Water Supply plan.
Ken Grunland announced he had a new e-mail address.
Correspondence:
Correspondence will be reviewed at the next meeting.
Lezli Rowell moved to adjourn the meeting at 9:00 pm; Seconded by Anne White; Passed 5-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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