Present: Richard Willecke, Lezli Rowell, Ken Granlund, Anne White, Alex Hay, 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.
Meeting Minutes
Chair Willecke moved to review meeting minutes until the next meeting; seconded by Lezli Rowell; passed 5-0.
Variance Requests
1. 1065 Chequessett Neck Road, Map 19, Parcel 91
Owner: Elizabeth Currier, Engineer: Martin Donoghue, PE, Variance request to upgrade subsurface sewage disposal system. Reggie Donoghue of Coastal Engineering Co., Inc. gave an overview of the requested variances which included the following:
· Required distance between S.A.S. and Property Line (10’) is not provided (5 foot variance requested).
· Required distance between S.A.S. and Coastal Bank (50 feet) is not provided (19 foot variance requested)
· Reserve area is not provided. Replacement system to be constructed in place.
· Slope requirements are not met (vertical impervious containment membrane proposed)
· Containment membrane less then 10 feet from leaching facility (5 feet proposed)
· Leaching facility less then 100 feet from watercourse (5 foot variance requested)
· Nitrogen reducing system not provided for a S.A.S. that is located less then 100 feet from a salt marsh (5 foot variance requested).
He stated that they will be contacting the abutter to get a temporary construction access, if the board requests that the full 100’ separation to the waterway is met. If abutter easement is not possible, the applicant will come back to the Board with a revised plan to provide nitrogen reduction with an I/A system. Alex Hay stated it is best to comply with the setbacks to marine water resources and if necessary, install the advanced treatment, as called for by the local regulation. Agent Greenberg stated she would rather see a variance created to the property line than the marine resources, and would recommend the I/A system. Lezli Rowell stated it was important to note the applicant is giving up one bedroom of design flow voluntarily, from a 5 bedroom by-right to the plans
propsing a 440 gpd design flow. Donahue will come back with revised plans. Willecke moved to continue to September 28, 2005; seconded by Lezli Rowell, passed 5-0.
2. 420 Lieutenant Island Road, Map 41, Parcel 79
Owner: Bruce Patterson, Engineer: Martin Moran, PE, Variance request to upgrade subsurface sewage disposal system. The applicant requested a continuation to September 28, 2005.
3. 20 Mountain Avenue, Map 35, Parcel 79
Owner: John Emery Seibert, II, Engineer: Stephanie J. Sequin, PE, Variance request to upgrade subsurface sewage disposal system. Mr. Seibert stated he wanted to construct a full porch with a new foundation under the existing dwelling. The proposed foundation is located approximately 5 feet from the existing septic tank; therefore, requesting a five foot variance. The proposed foundation is located approximately 7 feet from the existing leaching trench; therefore, requiring a 13 foot variance. Chair Willecke expressed concern that the new variance created by the foundation installation near the existing septic system leaching facility posed risk of vapor transport into the basement area, but concluded the barrier to be applied to the foundation satisfies remediation of the
variance. Lezli Rowell wanted to verify the 1994 permit for the Title 5 septic system was designed for three bedrooms; the Agent confirmed this. Alex Hay moved to approve Ryder and Wilcox plan number 5571 dated 08/26/05 and grant the two variances requested in the letter from Ryder & Wilcox dated August 30, 2005 with the following conditions:
a) Barrier will be installed as directed.
b) No increase in habitable area without Board of health review.
c) 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.
Mr. Seibert asked if he could install carpeting and sheet rock in the cellar. Stephanie Sequin of Ryder & Wilcox also asked what type of door (or egress) was allowed. Agent Greenberg stated she would prefer a bulkhead door. Rowell stated that the board could not make a determination from discussion; plans would have to be submitted. Building plans need to be submitted to the Building Inspector and be reviewed by the Health Agent to determine whether potential bedroom is created.
Other Business
· 155 & 215 West Main Street, Map 13, 14, Parcel 219, 40
Owner: Jonathan & Nancy Porteus, Special permit filed with Zoning Board of Appeals to convert existing cottages to condominium ownership. Continued from August 24, 2005. Jonathan Porteus stated there are three septic systems on the property. One system is for 490.1 gpd to serve units A and B; one for 770 gpd to serve the other three dwellings. Porteus stated no bedrooms will be added, and no additions will be allowed due to the lot coverage. Rowell expressed concern that two additional bedrooms could be added based on the septic system design flow allowances, and Porteus stated there will be no increase. The Septic inspection reports pass. There is no separate laundry room for the condominiums. Rowell stated there is not a public water supply created by
the total of 12 bedrooms; two private wells, one on-site and another with easement on the abutting property, serve the proposed condo units.. There was a review of the floor plans to verify number of bedrooms. Agent Greenberg stated the Master Deed documents look satisfactory. She stated the well water tests show a 6.7 mg/l nitrate level and will require testing every two years. Lezli Rowell moved to recommend the following conditions to the Zoning Board of Appeals:
· Both wells are to be tested every two years with results sent to the Health Department.
· No additional bedrooms to be added.
Seconded by Willecke; passed 5-0.
· Wellfleet Harbor Actors Theater, Map 23, Parcel 212, 2357 State Highway
Special permit filed with Zoning Board of Appeals. Continued from August 24, 2005. Attorney Myer Singer, and Jeff Zinn represented WHAT. Lezli Rowell stated the language was adequate in the Master Deed and moved to make the following recommendations of conditions for the condo conversion Special Permit to the Zoning Board of Appeals:
· Each condo unit created shall be required to install a water use meter to record total gallonage, satisfactory to the Health and Plumbing Inspectors, in addition to Master meter to be installed to record directly the withdrawal from the Public Water Supply well; all meter data to be submitted to the Health Department for justification and review against septic system capacities for each condo unit, DEP well withdrawal permit and Cape Cod Commission threshold for advanced nitrogen treatment, with annual business licensed application.
· Irrigation well is not to be used for potable purposes.
· Any change in use, change to infrastructure or structure, future development, upgrade and/or expansion must be permitted by the Department of Environmental Protection and the Board of Health to ensure that regulations and conditions regarding the public water supply and the septic system design and capacity are properly met.
· No subdivisions of property that newly crate non-conformities with the Nitrogen Loading Limitation will be allowed.
Seconded by Willecke; passed 5-0. Myer Singer stated they had no objections to the recommendations. Rowell thanks staff and all the various Boards who have played a role in the WHAT hearings. Richard Willecke thanked Lezli Rowell for her assistance with the review and recommendations to the project.
Singer stated WHAT had some disagreement with the figures outlined in Finding WR1 regarding the gallons per day. Willecke stated the Findings were approved by the Board of Health as 893 gpd, not 450 gpd, and confirmed by Health Department file plans and as-built cards, and the Board stands by these figures.
New Business and Announcements
Agent Greenberg reported that there have been no beach or pond sampling failures or closures this season, and that all Mass. Estuaries Project sampling is done for the year.
Myer Singer asked to speak to the Board again to clarify the recommendations regarding the Master Deed. He asked if the Master Deed needed to be revised with the recommendations and Rowell replied the board has recommended conditions to be applied by the ZBA to the Special Permit for the use of condominium form of ownership.
Licenses were signed.
Correspondence:
· Notification of a Nitrogen Reducing System workshop scheduled for 9/28/054 at 8:30 am at the Radisson.
· Agent Greenberg’s correspondence to the Gilmore’s and to 300 Pleasant Point Ave with a failed system.
Greenberg reported the enforcement issues are proceeding well.
Chair Willecke moved to adjourn the meeting at 7:52 pm; seconded by Ken Granlund; passed 5-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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