Present: Richard Willecke, Chair, Lezli Rowell, Vice Chair, Anne White, Ken Granlund Jr., and Christine Bates, Committee Secretary
Regrets: Alex Hay
Chair Willecke called the meeting to order at 7:00 p.m. The meeting was tape-recorded.
Meeting Minutes:
· Lezli Rowell Moved to approve the February 9, 2005 meeting minutes as presented; Seconded by Anne White; Passed 3-0.
· February 22, 2005 meeting minutes could not be approved for lack of a quorum.
· February 23, 2005 meeting minutes to be addressed at March 23, 2005 meeting.
Discussion:
Green Haven Cottages, 633 State Highway, Map 42, Parcel 72 – conversion to condominiums. Benjamin Zehnder, Attorney, and Mark Berry, owner, presented an overview of the property. There was concern about the number of bedrooms on the property, which included a bedroom located over the garage. Berry stated he plans on decommissioning one bedroom by merging the floor plan of two joined units into one unit to meet the aggregate flow. The property is served by a 15 bedroom septic system design flow, with calculation to include laundry facilities. Rowell stated the 1,650 gpd system is adequate for the aggregate number of bedrooms and the laundry facility. She recommended the following changes to the Master Deed:
Provision in Section 5 “Modification of Units” for units to be protected ability to expand footprint, but not septic design flow, to be permitted within the “exclusive use areas” of each to achieve the “Minimum Standards for Fitness for Human Habitation” described in the State Sanitary Code, 105 CMR 410, and the following amendments to the draft Master Deed be incorporated:
· Section 7 - Common Areas and facilities (final paragraph). A unit owner may make alterations….so long as alterations are in accordance with restrictions…ADD and do not contribute to septic system design flow.
· Section 12 – Required Maintenance of Common Areas (final paragraph). In connection with the septic systems servicing the Condominium ADD with an aggregate design flow for fifteen bedrooms and a laundry service facility, the trustees…..
· Section 12 – (last paragraph, last sentence) to inspect said systems as required by Title 5 no less frequently than every three years ADD with inspection reports to be filed with the Wellfleet Health Department and copied to the Board of Health and Barnstable County Department of Health and Environment.
Zehnder requested it also incorporate the words “ as long as the property is served by on-site septic system”. Rowell Moved to approve to include amendment; Seconded by Willecke; Passed 4-0.
Variance Requests
Teresa Martin, 70 Commercial Street, Assessors Map 21, Parcel 70. David Lajoie from Felco represented the applicant. Revised plans dated 03/02/05 and a letter dated March 4, 2005 from David Lajoie requesting five variances were reviewed by the Board. Rowell Moved to approve Felco, Inc. Plans 04147 with a revised date of 03/02/05 and grant the variances requested in the revised letter of 03/04/05 for the upgrade of septic system to serve a seven (7) bedroom, five (5) unit residential dwelling as a grandfathered, non-conforming structure, with respect to the Nitrogen Loading Limitations, to utilize FAST I/A advanced treatment (with a Micro-FAST 0.9 insert), subject to the following conditions:
1. Design flow is to be limited to 781 gpd, to serve seven bedrooms.
2. All plumbing and sewer lines serving the trailer in the northeast corner of the parcel are to be severed, and habitable use abandoned.
3. All plumbing fixtures and water-dependent appliances are to be upgraded to water-conservation rating, to be approved by the Plumbing Inspector.
4. There is to be no conversion of uses or increase to habitable area without Board of Health review.
5. The well water shall be tested and found potable, with results copied to the Health Department, prior to issuance of the Disposal Works Permit.
6. Any replacement of on-site well connection with Municipal Water Supply shall be done under the benefit of proper plumbing and electrical permits, and authorization by the Water Commissioners, and in compliance with the Water System rules and regulations.
7. 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 deed recording shall be submitted to the Health Department prior to the issuance of the Disposal Works Permits.
8. A copy of a three (3) year operation and maintenance contract with a certified wastewater operator shall be submitted to the 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 2 years of operation, semi-annually for the next 2 years, and 1 sample annually from then on. Upon transfer of deed this schedule shall be restarted. All results are to be copied to the Health
Department and the Barnstable County Department of Health and the Environment, with data provided in what format is acceptable to those agents. Any other sampling per DEP approval.
The motion was seconded by Willecke; accepted by unanimous vote.
The J. C. Ellis, engineer for the McLaughlin and Perry variance hearings had not arrived at the meeting. Chair Willecke suggested attending to Other Business.
Other Business:
The following licenses were approved and signed by the Board:
Ambrosini Septic Service
Mustard Seed Kitchen for Billingsgate event – temporary
The Dog Pound
The Dog Pound 2
Wellfleet Congregational Church
Wellfleet Elementary School
Yak Arts, dba News Dealer
Chair Willecke read DPW Director, Mark Vincent’s letter of March 8, 2005 regarding recycling. Further discussion took place regarding the proposed spending of the DPW, particularly the cost of the proposed Packard Truck and the estimated cost of a new design for the transfer station.
Willecke signed the letter addressed to Hadley & Crow regarding conditions of Board of Health approval for basement moisture mitigation plans. Letters from “On the Creek Cafe” and Carolyn Parlanti regarding the Bookstore were read.
Variance Requests (Cont’d)
Richard McLaughlin, 114 4th St., Map 40, Parcel 108. Jason Ellis, engineer, was not present for the hearing. Benjamin Zehnder, Attorney for abutter, Russell and Doris Olive, requested he be able to express the concerns of his client. Chair Willecke read a letter dated November 5, 2004, from Health Agent Emily Beebe stating the septic system conditionally failed inspection report due to elevated nitrates in the locus well but passes inspection for hydraulic performance. She had previously presented the Board with suggested findings that concluded that the source of groundwater impact was not this parcel, and that a well replacement would be the better remedy than a septic upgrade. Plans submitted propose a well relocation off-site, in the paper road
abutting the property.
Zehnder questioned who owns the road where the proposed well is to be installed. The Olives’ feel there is concern for erosion of the steeply graded coastal bank. They ask the Board to consider remedy by tight tank installation to replace the existing septic leaching facility and allow the existing well to remain is use. Attorney Zehnder requested that the Board seek a surveyed plan to assess the topography of the coastal bank more accurately. Rowell agreed that the impact of a typical well-drilling rig developing a new well on the edge of a bank was questionable. Willecke agreed that the concerns had merit and moved to have a letter written to Jason Ellis requesting a surveyed topographical site plan provided and continue the case to March 23, 2005; Seconded by Lezli Rowell, Passed
4-0.
Phillip Perry, 175 Cliff Road, Map 24, Parcel 83. Chair Willecke read letter from Jason C. Ellis of J. C. Ellis Design Company, Inc. requesting three variances. Ellis also included information on VeriComm (a web-based performance monitoring system) as well as AdvanTex Treatment Systems. Rowell stated this plan is an improvement from the existing 29 foot variance, gaining better well separation. Willecke Moved to approve the J. C. Elllis plan dated 10/29/04 for the upgrade of the Perry septic system, Map 24, Parcel 83, and to grant the three variances requested in the Ellis letter, to serve a two bedroom grand-fathered, non-conforming
dwelling, with respect to the Nitrogen Loading Limitation, using AdvanTex denitrification technology under the Remedial Use category, subject to the following conditions:
1. Design flow shall be limited to 228.6 gpd to serve two (2) bedrooms.
2. There shall be no increase in habitable area without Board of Health review per lot size of 9,000 square feet.
3. The well water shall be tested and found potable, with results copied to the Health Department prior to the issuance of a Disposal Work Permit.
4. 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 the Disposal Works Permit.
5. A copy of a three (3) year Operation and Maintenance contract with a certified wastewater operator shall be submitted to the Health Department prior to the issuance of the Disposal Works Permit. Monitory 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 Health Department and the Barnstable County Department of Health and Environment, with data provided in format acceptable to those agents.
6. Any other sampling per DEP approval.
The motion was seconded by Rowell; Passed 4-0.
Other Business: Lezli Rowell Move to accept the amendments to the Standardized Motions and Conditions; Seconded by Willecke; Passed 4-0.
Willecke Moved to adjourn the meeting at 7:50; Seconded by Anne White; Passed 4-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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