Wellfleet Board of Health
Minutes of Meeting of February 23, 2005
Senior Center, Long Pond Room
Present: Richard Willecke, Chair, Lezli Rowell, Vice Chair, Anne White, Ken Granlund Jr., Alex Hay, Emily Beebe, Health Agent, and Christine Bates, Committee Secretary
Chair Willecke called the meeting to order at 7:00 p.m. The meeting was tape-recorded. He requested the meeting minutes be reviewed later in the meeting. Board members cncurred.
Discussion:
Mark Vincent of the DPW stated it has been over five years since the Town reviewed the fees for the transfer station. He explained the budget has increased due to the tipping fees at SEMASS and the Bourne landfill. He detailed the costs involved for the Town for construction and demolition waste, commercial refuse costs, and residential and commercial transfer station sticker fees and recommended increases to each of these categories to increase revenue for the town. He estimates there is an $86,450.00 deficit and with the recommended increases in fees, the deficit would be negligible. Willecke questioned if Wellfleet’s fees were in line with other towns of which Vincent replied we are on the lower end as far as costs to residents. He pointed
out that Amnesty Day costs the town approximately $10,000 and the town loses approximately $15,000 in revenue because the service is free. Vincent also recommended there be a fee involved for chipping up brush and the disposal of propane tanks of which there is no fee at the current time. Rowell stated she would like to see a plan where the chips are recycled and/or composted for the public’s use or to be used in town, as well as a recycle program for glass, cans, and paper in all Town facilities. She felt that the Town should lead by example, noting “Mandatory Recycling”. Granlund asked how Vincent arrived at the proposed increase in fees and the response was based on tonage and expense to the Town. Vincent stated there is a cost involved with setting up a recycling program as well as providing mulch to the community. White agreed with wanting to see a plan for a recycling program. Mark Vincent stated he will provide a
plan for a recycling program and will get back to the Board. It was noted he does not need approval from the BOH, but wanted the Board to be aware of the activity prior to going before the Selectmen.
Susan Blake, 275 Main Street, Map 15, Parcel 55. Agent Beebe provided an overview of the septic system at this property. Meeting minutes of October 27, 2004 were read, which allowed for a repair to the riser course of blocks on an existing cesspool. Agent Beebe discussed her findings of the recent inspection made, which identified a more significantly collapsed cesspool. Ms. Blake explained there are three cesspools on the property, with the collapsed cesspool previously serving shampoo sinks in the basement for a beauty salon, a number of years ago. This middles cesspool is now defunct. She asked if it were possible to cut off the pipes from the dwelling to the collapsed cesspool and hook up the first and third cesspools in direct series, which still have
leaching capacity, for the time being. Agent Beebe stated she feels it is unsafe to allow the collapsed tank to remain, and there is no authority from the Agent for this procedure of bypassing the defunct cesspool. Ms. Rowell Moved to approve abandoning the collapsed cesspool, to be pumped out and filled with clean sand, to allow a bypass from the first to the third existing cesspools, and to file annual septic inspection reports to the Health Department. However, she pointed out to Ms. Blake this might be a temporary fix compared to executing her approved septic upgrade. The costs involved for the necessary excavation and sand fill in order to save money at the present time may be mute if the remainder of the leaching capacity of the cesspools fails. She warned that the work to abandon the collapsed pool would be wasted if the upgrade to Title 5 follows imminently. Ms. Blake stated she would call E-Z-Doze-It to get an estimate of the cost of the
project and compare to conducting the upgrade, and come back to the Board in one month. Willecke Seconded the motion; Passed 5-0.
WHAT Theater application, State Highway Map ##, Parcel ##. Andy Singer, Lawyer, David McNevitch, P.E. and Jeff Zinn, applicant, provided a background on the progress of the Wellfleet Harbor Actors Theater in a “New Source Well approval” from DEP. Singer discussed the protective radius, which calculates to 112’ if the withdrawal permit for 1200 gpd is approved by the State. A memo from the Zoning Board of Appeals was read for the record; it is requested that any ‘Site and Septic Plan’ approved and stamped by the Board of Health to be forwarded to the Board of Appeals positively identify the Zone I radius for the WHAT Public Water Supply, registered Zone I radius for PWS wells on abutting lots, and that the BOH advise the ZBA
regarding land uses allowed or prohibited within the well protection zones. Rowell agreed that the information would be needed on the plans, and felt that the contraindicated uses could be addressed when the ‘Site and Septic plans’ are presented. Agent Beebe noted the IGA property may have a radius of 140’ and the St. James Church may not constitute a Public Water Supply, due to its short season. Agent Beebe stated St. James the Fisherman is only open 60 days out of the year and there are no records on file regarding the septic system. A minimum of 100’ radius should be shown. Rowell asked about the applicant’s intended design flow for the Theater application, and recommended a 1500 gpd septic plan with advanced treatment, to assure sufficient capacity for the proposed uses and potential growth. The engineer reiterated that the current system will remain for the Post Office use solely, and the proposed septic system will
be designed at the minimum of 3 gpd/seat, without an aggregate for office and other uses. The system will provide for the 250 person audience. The theater will be designed to provide 750 gpd capacity in addition to the existing building’s installed capacity of 450 gpd for a total of 1,200 gpd. McNevitch contended that the DEP application for 1200 gpd water withdrawal is a “peak flow” assumption, and that the total of on-site Title 5 design is to match the water use. The water supply will be shared between the Post Office Building and the theater. Ms. Rowell asked why they were not going to plan for a total of 2,400 gpd between the two systems, to engineer for 200% capacity against the intended well water withdrawal, and considered that if another “use” such as retail were added to the theater in the future, the greater design flow would accommodate the growth. Singer responded he doubted another building or use would
be added to the property, but if something happened in the future, it would be the responsibility of the new enterprise to design adequate septic system. The applicant intends to avoid utilizing advanced nitrogen treatment by staying under the flow triggers established by the Cape Cod Commission for exemption from the Regional Policy Plan Nitrogen Loading calculations. Once the septic system is designed, the Board will review the ‘Site and Septic’ and design flow, and advise the ZBA on the requested issues of abutting water supplies.
James Hadley / Patricia Crow, ADDRESS, Map ##, Parcel ##. Duane Landreth, Attorney, joined Mr. Hadley and Ms. Crowe to discuss the issue of finishing the basement at their property for the purpose of eliminating moisture. Agent Beebe stated she and the Building Inspector made a site visit. She told the Board the windows in the basement are not egress windows, avoiding a bedroom by definition, and there are bare concrete walls. The ceiling is insulated, and currently there is a washer and dryer in the area as well as a boiler room. They also inspected the remainder of the dwelling and she stated the open study area on the 2nd story is not a bedroom by the square footage, which clearly identifies the structure as a one bedroom dwelling compliant
with the limitations of the 13,242 square foot lot and terms of the Building Permit and Health Department approval of construction plans. Attorney Landreth stated the area of concern in the basement is a pass-thru area and could not be utilized as an additional bedroom. Willecke Moved to allow the renovation for the purpose of basement moisture control with the following deed restrictions, to be recorded with the Barnstable County Registry of Deeds, proof submitted to the Health Department prior to issuance of the Building Permit:
1. No interior walls or segregated area in basement floor plan.
2. Ceiling to remain unfinished, electric outlets per minimum determination by Building Inspector
3. Basement area not to be described on plans as “studio”, “study”, habitable or conditioned space. To remain as “unprogrammed” space.
4. No increase to habitable area without Board of Health review and no conversion of use without Board of Health review.
Seconded by Lezli Rowell.
Hadley explained he felt he needed a vapor area by utilizing polyethylene across the ceiling. Rowell stated the motion had been made with conditions allowing for his need without risking a bedroom by definition, as was necessary given the limited carrying capacity of the undersized property and the small flow septic system, and it was seconded. It was the consensus of the Board that the moisture prevention could be achieved with barrier applied around floor joists and between the bays, without a sheetrock finish to the basement ceiling. Willecke asked for a vote: Motion Passed 5-0.
Variance Requests
Teresa Martin, 70 Commercial Street, Assessors Map 21, Parcel 70. Allen Cabrell from Felco represented the applicant. Meeting minutes of February 9, 2005 were read. A letter dated February 17, 2005 from Felco, Inc. was read concerning the design upgrade for the property. It stated the existing well location cannot be moved westerly, as requested by the Agent. The engineer claimed that combining the two leach areas into one would not reduce the well variance for the abutter significantly and may limit the effective life span. The engineer claimed that the multiple unit use might create a septic flow greater than 110 gpd/bedroom so he did not pursue the Board’s recommendation to apply the desing credit for a reduced leach area, as allowed with I/A under ‘Remedial Use Approval’. Rowell contended that the advanced treatment offsets the reduced leach area under the program, and that if it is anticipated that flow will exceed the engineering standard of Title 5, the Board could
condition its approval with requirements for water conservation fixtures and appliances. Rowell stated she objects to putting in two systems because the Town is trying to move toward utilizing cluster systems. Permitting two septic installations on one property seemed contrary to the direction of wastewater management and treatment necessary for the small lots in the Central District, and the Operation and Maintenance requirements would be cumbersome for the property owner managing two I/A systems on one lot.
Agent Beebe stated she would like to see a new plan which would consolidate the design flow into one septic system, and questioned the intent of designing a two bedroom and a five bedroom plan instead of one, seven bedroom system. She questioned whether a condo conversion or some property redevelopment was behind the engineering. Rowell stated that the Board could not look to convertibility, but that seven bedrooms is seven bedrooms with any septic configuration; condo documents or ANR subdivision plans could handle the shared septic system in the language or covenants – but that application is not before the board. Rowell felt that the board had been clear with the engineer and the applicant that only a 770 gpd plan would be acceptable, and that the small gain of 13’ from
the abutting Pheifer well was sufficient to merit the revision. Rowell moved to continue the hearing, to allow the engineer to come in with revised plans; Seconded by Ken Granlund, passed 5 -0.
Paul and Marie Lovely, 30 Kendrick Ave, Assessor’s Map 20, Parcel 1 (Bay Cottages Condominiums). Stephanie Sequin of Ryder & Wilcox represented the applicants. Ms. Rowell stated she had recused herself from the case in September 2003, but the situation which may have created the appearance of a conflict of interest, according to those minutes, no longer exists. Since there is a new application submitted, she would like to stay on the voting Board. The Board and applicant agreed to the request. A letter dated January 5, 2005 from Ryder & Wilcox was read into the record. It was noted Bay Cottages came before the Board in 2003 requesting and receiving several variances, requiring a mounded system to achieve vertical separation to groundwater.
The DEP did not accept the plans under ‘Remedial Use Approval’ category but would allow the upgrade under the ‘Piloting Program’ which demands quarterly monitoring and risks revocation of system approval if performance does not meet DEP specs. Rowell noted that to proceed under the ‘Piloting Program’ would be very speculative. The new proposal will utilize two 3500 gallon tight tanks, each providing more than the minimum requirement of 5 days retention time per the septic flow, which is the Title V requirement. There is a variance request of 24 feet from the edge of the wetlands. The tanks are sized for the capacity of pump-out trucks, to reduce the frequency. Sequin estimated that it will need to be done about twice a month.
Lezli Rowell Moved to approve Ryder & Wilcox plan (job #8558) dated 08/04/04 for the replacement of failed septic with tight tanks, to serve an eight (8) bedroom, five unit condominium as grandfathered and non-conforming with respect to the Nitrogen Loading Limitation, subject to the following conditions:
1. Design flow is to be limited to 880 gpd, to serve 8 bedrooms.
2. No increase in habitable area without Board of Health review.
3. There is to be no conversion of use without Board of Health review.
4. The well water shall be tested and found potable by applicant, with results copied to the Health Department, prior to issuance of the Disposal Works Permit.
5. Audio/Visual alarms shall be set to activate when liquid level reaches 60% capacity; pumping to be performed within 48 hours. An annual log of pumping records and septage disposal shall be copied to the Health Department.
Seconded by Ken Granlund; Passed 5-0.
John and Kathy Seibert, 20 Mountain Avenue, Assessor’s Map 35, Parcels 79 and 81. Stephanie Sequin of Ryder & Wilcox represented the applicants. She explained that the Seibert’s are at the end of the service of the Pleasant Point PWS, and water pressure is very low. The variance requested is to locate a well on another piece of property that the applicants own across the street. Agent Beebe stated she felt this was a good idea. Ms. Rowell commended Ms. Sequin for the detailed plan and presentation, which accounted for spatial requirements of septic upgrades as they become necessary on the abutting properties.
Ken Granlund Moved to approve the variance with the following condition:
1. The new well shall be connected and put in service under the benefit of proper plumbing and electrical permits, and well shall be tested and found potable, with results copied to the Health Department.
Seconded by Lezli Rowell; Passed 5-0.
Business Meeting:
A letter was signed by the Board addressed to a Town employee regarding Board of Health issues.
The Board discussed the jurisdiction of the Plumbing Inspector regarding grease traps. Agent Beebe stated there is no jurisdiction ten (10) feet outside of the building, only authority inside the building. She also encouraged the Board to work with the Electrical Inspector.
Emily Beebe stated this would be the last meeting she would be attending as the Health Agent, and stated she had enjoyed working with the Board. She stated there is money available for Board members to attend workshops and pay for mileage and for them to discuss any requirements with Beth Berrio.
Emily encouraged the Board to pay attention to the Town Warrants at the Town Meeting. Beebe recommended a presentation to the Selectmen on the Estuary project and nitrate loading. She also suggested the Board ask the Selectmen to notify the Board of any items in future meetings which might affect them.
There is funding available for the Estuaries Project which include analysis costs for the summer. She stated the total project will run approximately $115,000 and there is grant money available.
Beebe reported Barnstable Health Department will provide a Health Agent for the Town approximately two days per week.
Rowell thanked the Agent for her years of service to the Town and the Board of Health, and all wished her well in her next endeavors.
Licenses Signed:
Adam’s Lodge AF &I AM
Macs Seafood Takeout
Macs Seafood Market
Massasoit Hills Trailer Park, Inc.
Ken Granlund Moved to adjourn the meeting at 9:20 pm; Seconded by Lezli Rowell; Passed
5-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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