Minutes of Meeting of February 9, 2005
Senior Center, Long Pond Room
Present: Lezli Rowell, Vice Chair, Anne White, Ken Granlund Jr., Alex Hay;
Emily Beebe, Health Agent, Christine Bates, Committee Secretary
Regrets: Richard Willecke, Chair
Vice Chair Rowell called the meeting to order at 7:00 p.m. The meeting was tape-recorded.
She requested the meeting minutes be reviewed later in the meeting. Board members concurred.
Rowell stated she attended the Board of Selectmen’s meeting on waste water management tools.
Wright and Pierce presented a report which Lezli e-mailed to all Board members. Mike Giggey stated he would be available to make a more detailed presentation to the Board. An overview of his presentation included
the development of cluster septic systems serving multiple lots and the advantages where consistent waste water loads can enhance nitrogen removal and performance and it may be possible I/A technology is more functional than on single lots.
Innovative technology presently before the DEP meant to reduce the SAS footprint with the higher design flow cluster systems
He cautioned against land that would be appropriate or available for siting either cluster or satellite cluster systems being lost to both development and open space conservation restriction programs.
Lezli Rowell proposed a recommendation to amend Standard Condition #5 to copy reporting information to the Barnstable County Department of Health and Environment. Board members agreed to the amendment.
Variance Requests:
Martin, 70 Commercial Street, Map 21, Parcel 70: Variances required to upgrade system due to transfer of deed. David Lajoie represented the applicant and distributed new plans. Rowell stated no decision could be given at this meeting due to the receipt of new plans at the meeting, per policy and since the Board had no time to review changes. Lajoie is proposing two septic systems, one for 5 bedrooms and one for 2 bedrooms. He stated all waste lines to the existing trailer will be abandoned. There were concerns regarding the distance of the leaching area to Stephen Pheifer’s (abutter) hand pump well. Pheifer stated that he uses the well, but he has not had the water tested. Ms. Beebe asked Mr. Lajoie to consider a reduction in leaching capacity as permitted
under “Remedial Use” approval category with I/A treatment, and asked if the locus well could be moved to give the abutter some relief. Lajoie stated he could look at different areas on the lot for moving the locus well. Agent Beebe will research data regarding water quality on Map 21, Parcel 133 (abutter). Attorney Murphy, representing abutter Burbank, stated that he has no objection to plans, but their initial concern was regarding the use of the trailer. Attorney Zehnder represents the current owner of the property and asked the Board to take into consideration the property is not sold yet, and to make the best possible decision regarding the septic upgrades since another potential buyer may not agree with the plans presented to the Board. He wished the board to understand that another buyer might want to present a different septic system design flow. Rowell stated that execution of the Construction works Permit would constitute
agreement to the conditions of the variances approved. Agent Beebe responded by stating the Board tries to find the best solution and have the least amount of variances approved. Rowell stated she would like to see new plans designed with one system to serve the total design flow of 770 gpd. Lezli Rowell Moved to continue this case to February 23, 2005 in order for Felco to come back with a new design; Seconded by Anne White; Passed 4-0.
Kemper, 150 Commercial Street, Map 21, Parcel 87: Variance required for upgrade of system due to transfer of deed. David Lajoie represented the applicant. There is a reduction of the leaching capacity proposed, and utilization of a Fixed Activated Sludge Treatment (FAST) system to retrofit the existing leach area. The Board will accept the proposal as a variance request from providing full leaching field capacity, to provide 73% of the design flow by the engineer’s calculations of the installed system. Lezli Rowell moved to approve the Felco Inc. Plan dated 12/27/04 (job #04180) and grant the variances required for the upgrade of the septic system, to serve a five bedroom main dwelling and a one bedroom accessory cottage grandfathered and nonconforming with respect to the
Nitrogen Loading Limitations, utilizing a FAST 0.75 unit under the “Remedial Use Approval” category subject to the following conditions:
Standard limit on design flow – 660 gpd to serve 6 bedrooms.
A variance has been granted to allow reduced leaching area under the “Remedial Use” design credit; there is 487 gpd design capacity. Any functional or hydraulic failure of retrofitted system will necessitate upgrade to current standards of Title 5 with the SAS calculated to at least 75% of the design flow, under revised LTAR.
Occupancy is limited to twelve persons.
No increase in habitable area without Board of Health review, due to lot size of 8,460 square feet.
There is to be no conversion of use without Board of Health review.
The well water shall be tested by the owner twice annually, in peak season and prior to any plumbing shutoff (or mid-winter, if feasible) with results copied to the Health Department.
Any replacement of on-site well connection with Municipal Water Supply shall be done under benefit of proper plumbing and electrical permits, and authorization by the Water Commissioners, and in compliance to the Water System rules and regulations.
Any restriction in design flow and all conditions shall be recorded against the deed for the property at the Registry in Barnstable, and a hard copy proof of conditions deed recorded 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 Wellfleet 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 two (2) years of operation, semi-annually for the next two (2) years and one (1) sample annually from then on. Upon transfer of deed this schedule shall be restarted. All results shall be copied to the Wellfleet Health Department and the Barnstable County Department of Health and the Environment, with data provided in the
format acceptable to those agents. Any other sampling per DEP approval.
Seconded by Alex Hay; Passed 4-0. Agent Beebe will write a letter in response to any inquiry by abutters with questions regarding work.
Ferri, 40 Samoset Avenue, Map 28, Parcel 124: Variances required for upgrade of system due to transfer of deed (establishment of a family trust). David Lajoie represented the applicant.
Felco, Inc. letter dated January 14, 2005 was read requesting two variances to install a new subsurface septic system. Rowell asked Lajoie if the applicant would consider sharing a system with Map 28, Parcel 123. Lajoie stated no. Anne White Moved to approve Felco Inc. plan 03184, Norma Ferri, #40 Samoset Avenue, dated 01/13/2005 and grant the two variances requested:
1. 5’ from leach area to property line (Pcl. 123) – 310 CMR 15.211
2. 5’ from leach area to property line (Street).
Subject to the following conditions:
1. Design flow is to be limited to 440 GPD
2. No increase in habitable area without Board of Health review, per lot size under 10,000 square feet.
3. The well water shall be tested by the owner and found potable, with results copied to the Health Department, prior to the issuance of the Disposal Works Permit
4. Any restriction in design flow and all conditions shall be recorded against the deed for the property at the Registry in Barnstable, and hard copy proof of conditions deed recorded shall be submitted to the Health Department prior to the issuance of the Disposal Works Permit.
Ferri, 34 Samoset Avenue, Map 28, Parcel 123: Variances required for upgrade system due to transfer of deed (establishment of a family trust). David Lajoie represented the applicant. Rowell read the Felco, Inc. letter dated January 14, 2005 requesting three variances. Rowell asked Agent Beebe if it was confirmed this was a four (4) bedroom dwelling, which Beebe stated no. Lajoie stated he did a site visit and confirmed the second floor consists of one bedroom and the den would be considered a bedroom. Agent Beebe will make a site visit to confirm. Anne White Moved to grant the three variances as requested on Felco. Inc. Job No. 03183 dated 01/13/05, contingent on Health Department verification of bedrooms:
1. 5’ from leach area to property line (Pcl. 155) – 310 CMR 15.211
2. 5’ from leach area to property line (Street)
3. 10’ from leach area to cellar wall (Locus)
Subject to the following conditions:
1. Design flow is to be limited to 448 GPD
2. The well water shall be tested by the owner 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 hard copy proof of conditions deed recorded shall be submitted to the Health Department prior to the issuance of the Disposal Works Permit, contingent on bedroom count.,
Seconded by Alex Hay; Passed 4-0.
Stanley, 260 Bayberry, Map 41, Parcel l29: Variances required for upgrade of failed system. Tim Brady of East Cape Engineering, Inc. and Mr. Stanley explained the need for the upgrade of the septic system. Brady distributed new plans which identified underground wiring, not shown on original plans.
After identifying the mitigating factors for the locations of the well and septic, including local groundwater flow direction and topographic features, Brady described the soil absorption system which is a pressure-dosed. Lezli Rowell Moved to approve East Cape Engineering plans dated 01/31/05 (job # 04-284) and grant the variances requested in the letter dated of 01/21/05 for the upgrade of a septic system to serve a four (4) bedroom, grandfathered, non-conforming dwelling, with respect to the Nitrogen Loading Limitation and Local Board of Health regulation 608, utilizing Cultech infiltrators, and subject to the following conditions:
1. Design flow is to be limited to 440 GPD, to serve four bedrooms
2. A variance has been granted to allow a reduction in the size of the leach area provided, to 344 GPD.
3. The well water shall be tested by the owner and found potable, with results copied to the Health Department, prior to the issuance of the Disposal Works Permit.
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.
5. Bi-Annual pump out of the existing 1000 gallon septic tank is required, with log of septage disposal copied to the Health Department.
Discussion:
Tiholiz, 22 East Commercial Street, Map 16, Parcel 74: Failed Septic Inspection Report. Jason Ellis of J. C. Ellis Design Company, Inc. stated the system passes inspection in hydraulic performance, but fails statutorily due to testing of wells within 100’ feet of leach area, per 5 mg/l nitrate transfer standard. There are three wells within 100 feet of the leach pit. Water tests performed:
Locus, March 2, 2004 4.1 mg/l nitrate
Locus, October 18, 2004 7.97 mg/l nitrate
30 E. Commercial S., April 14, 2004. 9.3 mg/l nitrate
30 E. Commercial St. October 6, 2004 9.02 mg/l nitrate
31 E. Commercial St, October 19, 2004 8.09 mg/l nitrate
Parcel 113 is to be tested, results copied to the Health Department.
Agent Beebe suggests the Board waive the system failure determination, which will allow for remediation options with advanced treatment. Because Town water is not available to property owners in this area, I/A systems remain the only tool available to the Board of Health to reduce the amount of nitrates being discharged to the groundwater. Agent Beebe described how Provincetown developed a local “Consent Order” agreement with property owners who needed variances to upgrade their systems. They established an escrow account for these property owners, who needed to put money aside to pay for the municipal sewer system. Beebe suggested the Board consider setting up a similar arrangement for property owners who clearly needed to connect to a public water supply. Ms. Rowell stated that
she would not want to require Municipal Well hook-ups without developing the capacity to serve the properties first, and felt that the Board of Health should work to educate the Town on the public health issues. From the audience, the issue of the connection fee as cost prohibitive to residents and businesses seeking hook ups to Town Water was raised, and there was discussion about how many people would not be able to afford it that have no other options. Jean Schaeffer recommended that the Board consider setting a “sunset” on well variances approved that would become void when water supply becomes available.
It was suggested Mr. Ellis return to the Board of Health with a retrofit design for an I/A system, to utilize the existing leach field. The Board preferred to see the well to septic variances not increased by a new SAS design under revised LTAR.
Tobacco Sales to Minors:
The Board agreed to send a letter to each store with a reported violation. Agent Beebe will provide letter.
Meeting Minutes:
Meeting minutes of January 12 were reviewed with recommended amendments provided by Lezli Rowell. Lezli Moved to approve with amendments; Seconded by Alex Hay; Passed 4-0.
Licenses:
Associated Sanitary Waste Service (dba Pit Stop
Avellar Brothers Excavating, Inc.
Between the Tides, Inc. dba South Wellfleet General Store
Capello’s Country Store
Lower Cape Muscular Therapy
Sand Dollar Enterprises, LLC dba Ken Rose Septic
Wellfleet Marine Corp – Donna Pickard
Winslows Tavern
Correspondence:
Lezli Rowell Moved to review the correspondence file and remove old items from the folder; Seconded by Anne White; Passed 4-0.
Meeting adjourned at 8:50 pm.
Respectfully submitted,
Christine Bates
Committee Secretary
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