Present: Richard Willecke, Chair; Lezli Rowell, Anne White, Alex Hay, Ken Granlund, Health Agent Hillary Greenberg, and Christine Bates, Committee Secretary
Chair Willecke called the meeting to order at 7:00 p.m. The meeting was tape-recorded.
Variance Request
Francis Turpin, 393 Bound Brook Way, Map 6, Parcel 10. Tim Brady of East Cape Engineering, Inc. represented the applicant. The owner wants to add an addition to the dwelling, including a garage. The existing well will stay and the cesspool will be replaced by a Title 5 sewage disposal system with a Septi-Tech Processor and pressure dosed soil absorption system. The project went before the Conservation Commission and may have to be seen by the Planning Board for an ANR regarding the boundary lines. Agent Greenberg made a site visit and agrees there is no other alternative action. Rowell moved to approve East Cape plan for Francis Turpin dated 06/01/05 and grant the requested variances of East Cape Engineering, Inc. letter dated April 15, 2005 to serve a three bedroom structure, a
grandfathered, non-conforming dwelling (with respect to the Nitrogen Loading Limitation) to utilize I/A treatment under Remedial Use approval category and subject to the following conditions:
1. The applicant shall provide the Health Department with reconfigured property lines pursuant to Approval Not Required (ANR) application to the Planning Board.
2. Design flow is to be limited to 330 gpd to serve 3 bedrooms.
3. A variance has been granted to allow a reduction in the size of the leach area provided to 165 gpd provided. Any functional or hydraulic failure will necessitate upgrade to Tile 5 Code LTAR soil absorption system calculated to at least 75% of the design flow.
4. The well water shall be tested and found potable, with results copied to the Health Department, prior to issuance of the Disposal Works Permit.
5. No increase in habitable area per lot size of .1 acre without Board of Health review.
6. 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 Permit.
7. A copy of a 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 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.
Motion seconded by Richard Willecke; passed 4-0.
Guenther C. Back and Irene A. Back, (Menegay Trust) 190 Blue Heron Road, Map 41, Parcel 12. David Lajoie of Felco, Inc. represented the applicant. Due to constraints such as lot size, lot configuration, topography, structure location(s), water supplies, and existing septic system location, Lajoie requested four variances to install a new subsurface septic system. Lajoie stated Back had received previous approval to build on the lot, but did not do so and the local Health Regulations and Zoning Bylaws have changed. The proposed dwelling will be three bedrooms and a new well will be developed. Agent Greenberg stated she did not like to see variances granted on new construction. The Board discussed the options of reducing the size of the house to see variances eliminated; it was
noted that the plans have been through three revisions of structure size and location in satisfying setbacks between the Board of Appeals and the Conservation Commission. Rowell noted that while the major variances are not permitted under New construction, such as in setbacks to surface waters, wells and groundwater, Title 5 does permit granting engineering types of variances. She did not see the slight requests from the lot line and cellar wall as posing a threat to the public health or the environment. Anne White agreed.. Rowell moved to approve the Menegay Trust plan dated 04/06/05 to grant the four variances requested in Felco, Inc. letter of May 19, 2005 for the construction of the septic system to serve a three bedroom dwelling compliant with the Nitrogen Loading Limitations and subject to the following conditions:
1. Design flow is to be limited to 330 gpd to serve 3 bedrooms
2. 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, prior to 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 proof of deed recording shall be submitted to the Health Department prior to the issuance of the Disposal Works Permit.
4. Water line configuration around the reserve area to be submitted to the Wellfleet Health Department prior to the issuance of the Disposal Works Permit.
Grandlund Seconded the motion; passed 5-0.
Kevin North, 64 Beach Street, Map 35, Parcel 11. David Lajoie of Felco, Inc. represented the applicants. He explained the house is on the hill, and the coastal bank runs through the lot. The slope on the left of the property is very fragile due to bearberry and heathscape vegetation. He proposes to move the well and put in a leach field for a three bedroom dwelling, utilize a FAST system and taking a design credit for mitigation. A letter from abutter, James Burrows, dated June 7, expressed concerns regarding the lack of 100 feet separation from his potable water supply well. A letter from Coastal Engineering dated June 8, 2005 was read into the record with recommendations to place the septic outside of the 100 foot protective radius of Mr. Burrows well by maximizing the
allowable design credit to a 50% reduction in leach area provided and moving toward the wetland. Willecke agreed with the recommendation noting that it would be preferable to give the variance of the wetland setback than to the protection of the abutter’s well. Lajoie stated he could reduce the size of the leach field or move the well to the left of the property. Willecke moved to continue to June 22, 2005 in order for Felco, Inc. to present new plans; seconded by Rowell, passed 5-0.
Peter Orcutt, 195 Samoset Avenue, Map 28, Parcel 97. Matt Farrow of Bennett and O’Reilly, Inc. represented the Orcutt’s. Farrow stated this is a voluntary upgrade. A letter from abutter Janice Coady, was read into the record stating the property is rented in the summer and there are many people in the dwelling. Approval was received from the Board of Health in 2001 for a septic upgrade; however, water quality of locus well has been affected by salt water intrusion and high nitrates. The new plan submitted is based on finding a potable well location and siting septic around it. The design incorporates the use of a Micro FAST 0.5Unit for remedial treatment. Willecke moved to approve Bennett & O’Reilly, Inc. plan B001-3044 revised 05/11/05, and grant the
eight variances requested in the letter from Bennett & O’Reilly, Inc. dated 05/18/05 for the upgrade of septic system utilizing I/A treatment under Remedial Use Approval category to serve a two bedroom structure, grandfathered and non-conforming (with respect to the Nitrogen Loading Limitation) with the following conditions:
1. Design flow is to be limited to 225.2 gpd to serve 2 bedrooms
2. No increase in habitable area without Board of Health review per lot size of 8000 square feet.
3. The well water shall be tested and found potable, with results copied to the Health Department, prior to 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 deed recording shall be submitted to the Health Department prior to the issuance of the Disposal Works Permit.
5. A copy of a 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 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.
Rowell seconded the motion; passed 5-0.
Mary Connell, 60 Ione Road, Map 28, Parcel 64. Matt Farrell of Bennett & O’Reilly, Inc. represented the applicant. The proposal is to upgrade to Title 5 voluntarily. Farrell explained they will be going to the Conservation Commission for review. He stated the variances are required due to lot constraints, proximity to wetland resources and abutting and locus well locations. The proposed alternative treatment will utilize a FAST 0.5 Unit and ultraviolet light for disinfection. Rowell moved to approve Bennett & O’Reilly, Inc. job number B004-4174 dated 05/18/05 and grant seven variances requested in the Bennett & O’Reilly, Inc. letter of May 19, 2005 to serve the two bedrooms structure, a grandfathered, non-conforming dwelling (with respect to the
Nitrogen Loading Limitation) utilizing a FAST 0.5 Unit under Remedial Use Approval category with and ultraviolet disinfection subject to the following conditions:
1. Design flow is to be limited to 226.78 gpd to serve 2 bedrooms
2. The well water shall be tested and found potable, with results copied to the Health Department, prior to 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 proof of deed recording shall be submitted to the Health Department prior to the issuance of the Disposal Works Permit.
4. A copy of a 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 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. Operating and Maintenance of U/V maintenance in the contract and sampling of the distribution box for coliform bacteria and TSS. Willecke seconded; passed 5-0.
MEETING MINUTES
Rowell moved to accept May 25, 2005 with amendments; seconded by Willecke; passed 5-0.
DISCUSSION:
Mayo Beach: Agent Greenberg provided copies of the Bathing Beach Codes and the Town Pier Bathhouse Study. Testing has been done since 2001. Mayo Beach failed on June 24 for a one-day closure in 2004; On July 4 for a one-day failure in 2003, one day failure in 2002 and no failures in 2001. She stated there is no scientific evidence to back up claims of any major health or contamination problems for the Beach. There have been no major shellfish closures due to bacteria. Discussion continued regarding the Town Meeting article that the shellfish building was meant to be used as a restroom. $25,000 was funded to do the study. Alex Hay thanked the Board for their time and interest, and felt some people may be interested in pursuing the issue further.
Agent Greenberg reported she had a discussion with Emily Beebe regarding composting toilets. She was told composting toilets have to have a Title 5 back-up system. Based on that information, Willecke stated he would not endorse a Title 5 at the beach because additional nitrogen would compromise environmental concerns. Greenberg stated the Audubon has a composting system and they utilize the grey-water in plantings and that it is labor-intensive to maintain. Hay stated he would like to act proactively at Mayo Beach but will not pursue the issue at this time.
Agent Greenberg gave an update on the Danforth enforcement issues. Town Counsel was present at the Superior Courthouse for the hearing. Hillary will get a weekly update from Danforth on her progress with the order to install septic system on the property.
Greenberg distributed red tide information to the Town as well as on the website.
Correspondence:
Copies of Greenberg’s correspondence to Danforth and Cape Cod Disposal
Red Tide information, shellfish poisoning information
WHAT tent application to ZBA (for input from BOH)
Brewster BOH information regarding healthy eating. Rowell to draft a response to the letter regarding the food served at the elementary school.
Information on West Nile disease
Licenses
Stefanie W. Mattfeld (mobile massage)
WHAT live theater (Kendrick Ave location)
Willecke moved to adjourn the meeting at 8:45 pm; seconded by Rowell; passed 5-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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