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 7:03 p.m. The meeting was tape-recorded.
Meeting Minutes:
Meeting minutes will be addressed at the May 11, 2005 meeting
Title 5 Variance Request:
Melissa Shantz, 100 Old Chequessett Neck Road, Map 14, Parcel 49
David Lajoie represented the applicant and explained the system is failing and needs to be upgraded. There will be no change in building use. The locus well is provided 100’ of separation from the proposed septic system, but meeting that setback creates the request for a variance from the property line. Five feet will be provided. Chair Willecke stated he saw no problems with the relocation and there were no concerns from abutters.
Alex Hay Moved to approve Felco Plan #04103, dated 03/23/05 and grant the variance requested in the letter of 4/5/05 for a five foot variance from leach area to the property line of Parcel 48, for the upgrade of septic system to serve a grandfathered, non-conforming dwelling (with respect to the Nitrogen Loading Limitation) subject to the following conditions:
1. Design flow to be limited to 550 GPD to serve five bedrooms.
2. 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.
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.
Rowell Seconded the motion; Passed 5-0.
Discussion:
John Schnaible of Coastal Engineering requested a discussion regarding Deck 2, State Highway, Map 29, Parcel 1. He gave the history of the original condominium development, stating construction of units commenced in 1973, pre-Title V, under the ‘Article 11’ original sanitary code. Septic regulations have changed several times over the years, impacting evaluations of the performance of the installed septic. In June 2004, the mandatory inspection report as required for Condominium ownerships detected a failure for the components serving units in Section A due to proximity to groundwater. Schnaible differentiated this as ‘maximum water’ rather than ‘seasonal high water’. Coastal Engineering appealed Emily Beebe’s determination but the Board determined
that the upgrade would be necessary. Schnaible presented the Board with a “Conceptual Sewage Disposal System Plan’ dated 4/8/05, noting the DEP determined Public Water Supply well radius of 218’, which the septic system has to be outside of. He noted that the Interim Wellhead Protection Area (IWPA) radius calculated by DEP is 537’; the septic is located outside of the wellhead protection area to avoid requirement for denitrification technology. He presented an upgrade for the whole complex, with a design flow of 7150 gpd to serve 65 bedrooms in 28 units. Schnailbe stated they were coming to the Board to request an extension from the requirement to upgrade within two years of notification of system failure, to develop the engineered plans, permitting and perform the work. The Condo Association President stated there were concerns about project cost. He stated no individual owner would sign for a loan for the complete
complex. Rowell asked about individual loans, considering the values of units and the preference for property owners to finance the upgrade than face hydraulic function failures, public health risks or condemnation. He stated they were having a condo association meeting in May and he would discuss the issue with them. The engineer claims there is a 3 ½ foot vertical separation to ground water. Rowell noted the old code called for 4 feet and the new code calls for 5 feet. Rowell commends doing the whole property project at once rather than facing ‘phased failure notices’ over time, but is uncomfortable with allowing a five year timeframe; she stands by the Health Department’s two year ‘Order to Correct Violations’ notice. The Condo President responded that the individual owners have not seen the preliminary plans or discussed financing as yet, and the Association would need time to solicit bids. The
engineer noted that the system needs to be pressure dosed due to the design flow over 2,000 GPD. Ken considered the cost to individual owners would be modest, and that the extension to time frame could be granted as needed, rather than granted up front. Rowell agreed with working with the applicant, and taking extension requests into consideration if necessary near the two year expiration, but urged the President to impress upon the owners of the need for timely action.
Anne White concurred with the two year timeframe to comply with the order to upgrade, as did Hillary Greenberg, Health Agent. Willecke agreed with the two year goal, and encouraged the Condo Association to proceed knowing that the Board could hear requests for extensions as necessary. Health Agent gave the applicant information about funding opportunities through the County program.
Christian Belken, of 1546 Baker Avenue, explained to the Board his family is remodeling the home. They are ready to put in the new septic approved by the Board, but the water test failed with a reading of 12 mg/L nitrates. Rowell suggested they do another well test, and if still failed, consider well replacement given the properties elevation and potential to identify a better production horizon. Rowell stated they could try going deeper with the existing well, or find another location. Belken stated the only location for a new well would be 15 feet away from the current location, but they are concerned about trees on the lot. Willecke stated the well has a 30 foot variance now, and suggested looking for an improvement of this situation with another site on the 1/3 acre lot. It was the Board’s consensus that the applicant would need to rule out well improvement possibilities before hearing a request to grant variance to the condition.
Other Business:
Alex Hay motioned to write a letter to Senators Moore and Barrios supporting the Emergency Powers Bill and to amend Chapter 111, Section 27 would retain Board of Health authority over staffing; Seconded by Lezli Rowell, Passed 5-0.
Willecke reported he received a call from Helen Miranda Wilson asking for the Boards support to be a member of the Cape Cod Mosquito Commission. Anne White Moved to support Helen; Seconded by Alex Hay; Passed 5-0.
Hillary Greenberg announced David Flaherty will start Wednesday, May 4 as the new Health and Conservation Assistant. Dave was an Assistant Health agent and member of the Conservation Commission in Yarmouth.
Lezli Rowell suggested over the next few months the Board initiate a self-audit of the Town facility septic systems, to identify impending upgrade needs and management planning. She recommended the Town lead by example. Hillary will to report back to the Board. Lezli suggested the annual pump out of the septic at Town Hall be performed one week before the Oyster Festival.
Willecke reported there was a meeting with Audrey Danforth. Audrey stated she did not have a contractor set up at that time to perform the septic work, and was given a Superior Court deadline for installation of approved plans by May 30, 2005. Failure to comply may result in condemnation proceedings.
Licenses
Swimming Pools & Spa Group, 35 Tecumseh Road
Tony and Patricia Lemme, 30 Wixon Lane
Sellew Construction
Good Homegrown
Wonder Massage Muscular Therapy
Tagan’s Cottages
Correspondence:
Letter regarding the burn permit at the park.
A letter from the Water Commissioners regarding the public water supply
A letter form Susan Rask regarding proposed regulations
Notice from the Estuarine Society regarding a meeting on April 28.
Letter from Ginie Crossman
Flyer on Hazardous Waste collection
MISC
Christine Bates was asked to keep a calendar of when Enforcement Orders are mailed out, and keep the Board updated.
Willecke motioned to adjourn at 8:07 pm/ Rowell seconded; Passed 5-0.
Respectfully submitted,
Committee Secretary
| 
