Present: Richard Willecke, Chair; Lezli Rowell, Ken Granlund, Health Agent Hillary Greenberg, and Christine Bates, Committee Secretary
Regrets: Anne White and 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 meeting minutes of June 8 as presented; seconded by Ken Granlund; passed 3-0.
Variance Request
Kevin North, 64 Beach Street, Map 35, Parcel 11: David Lajoie of Felco, Inc. represented the applicant and requested the hearing be continued to July 13, 2005.
Elaine L and Howard M. Taylor, 115 Pond Avenue, Map 29, Parcel 368: David Lajoie of Felco, Inc. represented the applicant. He stated this would be new construction on a non-conforming grandfathered lot. The 11,200 square foot lot which would be restricted to one bedroom. He explained that the owners had come before the BOH in 1988 and were told they could not put in a septic system based on local regulation prohibiting mounded septic systems to achieve vertical separation to groundwater. Since that time, practice of building up leaching facilities has become more commonplace. I/A technology is proposed to provide additional treatment for the 111 gallon per day septic design. He explained the Shoreguard retaining wall as a structural surround to the soil absorption system and the 5’
overdig area, with 40 mil. polyvinyl flow barrier to prevent breakout. In response to Rowell’s question whether tidal influence through a full moon had been monitored with data submitted to the Health Department, Lajoie stated the well on 90 Pond Road has been monitored. Rowell asked Agent Greenberg if the established data satisfied her as an equivalent; she responded affirmatively. The monitoring had been required under 310 CMR 15.103 (3) (c 2) for the Sparrow property upgrade pursuant to a failed inspection report. The properties are comparable in location and elevation. Based on the observation well data the Taylor plan provides 5.2’ vertical separation from bottom of leaching facility to adjusted groundwater.
Rowell asked for an explanation of the reserve area detail which did not propose the same spatial configuration as the pressure-dosed leach field. Lajoie explained that the reserve is required only for a new construction plan, and that the detail allocated area for a leaching trench in the event of a future upgrade due to failure. He commented that it would be preferable to rehabilitate the existing SAS if the need arose, to which Rowell agreed and thanked him for explaining the reserve area.
Rowell asked the Health Agent whether the 1988 wetland delineation on the plan was still valid, noting that there appears to be over 100’ of horizontal separation between the SAS and the salt marsh. Agent Greenberg responded that in filing with the Conservation Commission the wetland delineations would be subject to review.
Rowell asked the Health Agent whether the pressure dosing minimum pump discharge rate of 14.2 gpm would be sufficient; Greenberg expressed herself satisfied with the specifications.
Joseph Cambone, an abutter, spoke on behalf of the neighborhood about their concern regarding building on the property. They stated the topography on the map is not accurate, and explained when it rains, runoff from Pond Ave. and the neighborhood properties is directed onto the Taylor property in the low-lying area of the proposed septic system. The group of abutters present including Mr. Cambone, Anne and Jean Heil, and Karen Connelly requested denial of the site and sewage plans because they “purchased properties under the belief the lot would remain unbuildable” and expressed their surprise that “there are only two variances”. Mr. Cambone contended that approval will affect water quality in the neighborhood with possible leaching through the retaining wall, and he felt that the well
serving parcel 367 is not providing a 100’ setback with the retaining wall considered as part of the leaching of the system.
Mr. Cambone did not feel that any of the “required setbacks” had been met or that the monitoring was similar to the Sparrow property. He noted the tendency for puddles to form and high floods to reach the property line. He questioned whether there had ever been monitoring of the FAST systems, felt that I/A should “only be used in retrofit” and questioned whether the proposed dwelling would be used seasonally. Karen Connolly reported speaking to Susan Rask about her concerns with the plan and questioned allowing a retaining wall within the 10’ setback from the property line. Rowell responded that property owners can typically install a fence right to the property line and that zoning setbacks apply to structures.
Rowell stated the proposed plan complies with BOH regulations and the minimal types of variances requested are the result of innovative engineering that addresses protection of groundwater. She responded to the question on use of I/A that the board has standard monitoring conditions for all denitrification technologies and that FAST and other brands have been tested by the Barnstable County program and permitted by DEP. Since this is permitted under the General Use approval category it can be applied to new construction, not just repairs. She noted that there is nothing in Title 5 to discriminate seasonal use, and it may be equally questioned whether a conventional septic system functions optimally with a part-time residence. While understanding that the abutters are upset with the property being
built she felt that with the plans presented, the board would approve with appropriate conditions. She explained that performance monitoring will be done through both the Town as well as Barnstable County.
Lajoie stated the proposed leaching area will not create any more run off towards the road, and the existing grade of the property will not be raised as Mr. Cambone commented but will remain except for the mounded leach field. He noted that the property had been receiving the runoff, not generating it. Agent Greenberg suggested the DPW be informed of the road’s condition if it is a Town road. Private roads are the responsibilities of owners. Cambone stated no drainage can be put in within 100’ feet of a septic system and felt that this plan prevented the neighborhood from planning remediation. The board asked what regulation he is referring to and its source. Agent Greenberg did not agree with that statement. Further discussion took place regarding the integrity of the
system. The Board expressed their confidence in the use of both mounded configurations and FAST I/A, both of which have been approved in numerous locations in Wellfleet.
Rowell moved to approve Felco, Inc. Job No. 04189 dated 04/12/05 prepared for Elaine Taylor and grant the two variances requested in the Felco, Inc. letter for the construction of a septic system to serve a one bedroom dwelling, in compliance with the Nitrogen Loading Limitation, subject to the following conditions:
1. FAST Alternative Technology under General Use approval category, with building plans to be reviewed by the Health Department and Site and Sewage plans subject to review by the Conservation Commission.
2. Design flow is to be limited to 111 GPD, to serve one bedroom, per lot size of 11,120 square feet.
3. No increase in habitable area without Board of Health review.
4. 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.
5. 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.
6. 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 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 t he 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.
Seconded by Ken Granlund; Passed 3-0.
Dan LaBarr of the audience stated two borings may not be sufficient for the perc tests. Rowell replied that two deep hole observation logs is the standard of review for soils and percolation. Cambone asked the Board how to appeal the decision. Rowell stated he could litigate privately through the general court system.
William E. Tucker, 260 Old Long Pond Road, Map 16, Parcel 107. David Lajoie represented the applicant. Willecke read a letter from Kathy Bruce and the variance requests, as well as a letter from John Connors expressing concern about the locations of the abutters wells and the lot size. He did not feel that the proposal “met the intention of one acre zoning”. Rowell responded that Wellfleet has had a minimum lot size of three quarters acre for some time. Lajoie stated this is a 45,000 square foot lot and the problem with the lot is that the majority is within the electrical utility easements, restricting the building placement and leaching area. He stated the proposed plan reduces the potential health problems in the one variance to cellar wall setback by putting a
flow barrier around the foundation. Agent Greenberg stated the variances affect the homeowners and not for the abutters. She asked if the leaching area could be located in the easement area, and Lajoie responded it would be at the build-at-risk. The utilities could require them to remove it at some point.
Rowell stated this could be a four bedroom structure based on the size of the lot, but the owners are only proposing to build a three bedroom home. She stated this is a benefit to the abutters. Rowell moved to approve Felco, Inc. job no. 04155 dated 05/30/05 and grant the two variances requested in the letter from Felco, Inc. for the construction of a new subsurface septic system to serve a three bedroom structure, in compliance with the Nitrogen Loading Limitation, subject to the following conditions:
1. Reserve area to be staked out and Health Department to review by site visit.
2. Design flow is to be limited to 440 gpd.
3. 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.
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.
Willecke seconded the motion; passed 3-0.
Other Business:
Lezli Rowell responded with a letter to the Brewster Health Department letter regarding the “No Cchild Left Behind Act” and improved nutrition in the Lower Cape School districts.
Audrey Danforth, 5 Holbrook Ave., Map 21, Parcel 105. Agent Greenberg stated the property does not have a functioning septic system. She cited several violations against the property issued under 105 CMR 410, The State Sanitary Code, Chapter II: Minimum Standards for the Fitness for Human Habitiation. Danforth stated there is no water running on the property and the septic system would not be able to be installed for several months. She requested the Board to give her a two month reprieve. Willecke stated issues with the property started seven years ago and the due date for completion of work was May, 2005 by order of the courts. Rowell moved to proceed with an Order of Condemnation in enforcement of the orders to correct violations cited by the Helath Agent; seconded by Willecke;
passed 5-0. Agent Greenberg will file the Final Order of Condemnation dated June 22, 2005. Willecke informed Danforth the condemnation is good for one year.
Granlund stated he had not been sworn in for his reappointment, but would follow up with the Town Clerk.
I/A Technology Proposed Regulation Hearing: Agent Greenberg stated this regulation is not that much different than what the board is currently applying as standard condition on approved I/A installations at this time. It will pick up on the monitoring of older systems approved before the standard conditions and pressure-dosed systems, allowing performance and compliance monitoring to be tracked by Barnstable County. The new regulation will require operators to supply data to the County. It will make more information available for the Town and allow for sorts based on types or parameters, and comparisons with performances of installations in other towns, upon request.
Agent Greenberg will be filling out forms and faxing to Barnstable County for data input. Willecke stated this agency oversight should put people at ease. Rowell suggested writing an article for the local paper to educate the public after one year. Rowell moved to adopt the I/A Technology Regulation as proposed by the Health Agent; seconded by Willecke; passed 3-0.
Rowell reported the BCE bath house conceptual plan had an anticipated flow of 3,250 gpd at Mayo Beach, with no clear indication whether the design flow calculation was sufficient. The design did not anticipate local Board of Health triggers for advanced treatment, or Title 5 requirement for 5’ vertical separation to groundwater. The conceptual plan proposed a septic system to serve a beach house under the Mayo Beach parking lot; Rowell felt that it would have to be a mounded configuration with I/A treatment and would result in the loss of significant parking area. Willecke noted that the plan would introduce over 3200 gpd of septic design flow and nitrogen loading where there is none.
Agent Greenberg gave a follow up on enforcement issues which included 6 Way #14, 80 2nd Avenue, and 1657 Route 6. She reported an engineering firm is designing plans for 915 Gross Hill Road, and she received a letter from Crossman’s requesting additional time. Rowell moved for a one month extension for Crossman; seconded by Willecke; passed 3-0. Agent Greenberg will write letters to those still working with engineers and request their appearance at a Board of Health meeting.
Licenses
Friends of the Council of Aging
Misc.
Agent Greenberg stated there is a lack of funds to pay for the Hazardous Waste Treatment invoice and she would use remaining money from Erik Mitchell’s line item. She informed the Board there will be problems with next year’s Hazardous Waste Treatment and suggested working with other Towns to collect bulk wastes and batching it together. Greenberg estimates this could save each Town approximately $3,000. Rowell recommended contacting Alice Boyd, a grant writer to solicit funds to help defray some of the costs. The board supported continuing the collection as the costs were still preferable to a site-clean up due to a contamination.
Agent Greenberg reported Danforth has turkeys without a Board of Health permit to keep animals, in the wetlands without a Conservation Commission Approval, and the Building Inspector issued a cease and desist order on the use of animal keeping as prohibited in the Central District, and a stop work order on a pen she was building for them without a construction permit.
Rowell moved to adjourn the meeting at 8:40 pm; seconded by Willecke; passed 3-0.
Respectfully submitted,
Christine Bates
Committee Secretary
| 
