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
Lezli Rowell moved to approve November 9, 2005 meeting minutes with amendments; seconded by Alex Hay; passed 4-0.
Variance Requests
1. 21 Nauhaught Bluffs Road, Map 23, Parcel 183:
Owner: Richard Buckley, Engineer: David Lajoi of Felco Inc. Variance request to upgrade septic system as required by a failed septic inspection report. A letter from abutter Bernadette Schmidt was ready stating she had no objection to the project. Lajoie explained that the owners are proposing an addition to an office area on an existing dwelling which has three bedrooms; the building permit triggered the septic inspection. The plans presented proposed a compliant new well location but the owner seeks to continue using the existing well, which is relatively new and the water quality has been satisfactory. Agent Greenberg stated she would like to the proposed well installed because it
achieves 100 feet separation from the proposed septic system; allowing the existing well creates a variance. She also recommended an open doorway be utilized for the office area to prevent meeting the definition of providing privacy in the bedroom definition, as the design flow can not accommodate expansion. Rowell agreed that the Board would not permit a variance to well setbacks when engineering plans demonstrate full compliance, and moved to approve the Felco Inc. plan dated 11/09/05 and grant the variances requested in the Felco, Inc. letter of 11/10/05 (as amended and submitted to the Health Office) for the upgrade of septic system to serve a three bedroom structure, grandfathered and non-conforming with respect to the Nitrogen Loading Limitation, subject to the following conditions:
1) Health Agent to validate or inspect existing bedrooms and review proposed addition building plans.
2) Design flow to be limited to 340 GPD, to serve 3 bedrooms.
3) No increase in habitable area without Board of Health review (beyond scope of proposed addition indicated or approved plan)
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, and existing well is to be disconnected from potable uses.
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.
Seconded by Richard Willecke; affirming new well be executed and negating variance requests; passed 5-0.
2. 1125 Cahoon’s Hollow Road, Map 17, Parcel 8:
Owner: Todd LeBart and Hugh Dunbar; Engineer: Felco Engineering: Variance request to upgrade septic system. Abutter Kevin Coady sent a letter dated 12/13/05 questioning elevations and zoning setbacks. The National Seashore had no concerns with variance requests, per Lauren McLean. David Lajoie stated the cottages will be moved, but the number of bedrooms will remain the same and the septic and well will be staying at the present locations. The dwellings will comply with the Zoning Bylaws. In reply to Rowell’s questions, Lajoie explained that retrofit of the existing septic in response to the variance created by grade changes will include new tank covers along with new vents. The
setback to the well is in excess of 100 feet. There will be a total of four (4) bedrooms. Richard Willecke moved to approve Felco, Inc. plan dated 11/22/05 and grant the variance requested in Felco, Inc. letter of 12/01/05 for the retrofit of functional, existing septic system to serve two dwellings to be reconstructed, grandfathered and non-compliant with respect to the Nitrogen Loading Limitation, subject to the following conditions:
1) Design flow is to be limited to 465.7 GPD, to serve four bedrooms.
2) There is to be no conversion of use without Board of Health review.
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) Inspections of retrofit components per the Health Agents orders.
Seconded by Alex Hay, passed 5-0.
3. 25 Summit Avenue, Map 20, Parcel 109
Owner: Ruth Miner (Shelley Robinson, daughter requesting); Engineer: Felco, Inc. Variance request to upgrade septic system. David Lajoie stated this is for an upgrade and there will be change from seasonal to year-round use. He questioned whether the board wanted design flows to grandfather in accessory spaces that could be used as a bedroom, such as the enclosed
porch. Lezli Rowell replied that while there is a history of the board counting in such spaces she felt that practice was before the Nitrogen Loading Limitation, and did not feel that the enclosed porch meets the definition of a bedroom. Ken Granlund moved to approve Felco, Inc. plan 5144 dated 11/28/05 and grant yhe two variances requested in the Felco Inc. letter of 12/01/05 for the upgrade of a septic system to serve a grandfathered, non-conforming dwelling, with respect to the Nitrogen Loading Limitation, subject to the following conditions:
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1) Design flow is to be limited to 325 GPD to serve 3 bedrooms.
2) No increase in habitable area without Board of Health review.
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) 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.
Seconded by Alex Hay; passed 5-0.
New Business
Richard Willecke stated Lezli Rowell, Hillary Greenberg and he attended the Board of Selectmen’s meeting on 12/13/05. Agent Greenberg spoke on Emergency Management, Lezli Rowell spoke on Title 5 revisions in public hearing and processing complaints of over crowded rental properties, and Richard spoke on tracking well test results with data input.
The Fire Department is requesting new regulations for double-wall tanks (residential oil tanks) to be in effect upon the transfer of property. Alex Hay reported there was an oil delivery made at a home and the valve was still in place, although the oil tank had been removed. He suggested the oil company be notified immediately so there is a disconnection. Anne White suggests a condition be placed that valves be removed or be replaced with a lock and cap until a new double wall oil tank replaces the former tanks. Lezli Rowell recommended Agent Greenberg check with the other towns for their regulations to find suitable language and determine if any additional requirements are necessary.
Rowell requested the Board review the Title 5 revisions (available on DEP website). At the current time, they are in the hearing stage and may be adopted as presented. The Board should be prepared to discuss the changes and consider local regulations in public hearings.
Agent Greenberg reported that Lorial Russell was hired as the new Animal Control Officer.
There was a brief discussion on the proposed new fire station. Agent Greenberg stated neither she nor the DPW were informed of claimed health issues or questioned about the issues of well and septic adequacy.
The daycare center at COA has a number of variances requested from the State Plumbing Board which have not been approved. In the interim, the daycare will utilize the women’s bathroom to change diapers.
The Board reviewed the progress on Audrey Danforth’s property and the status of its orders.
Licenses
Minot S. Reynolds Robert B. Our Company, Inc.
Discount Septic Pumping (Robert Littlefield) Robert B. Our Company, Inc.
Handy House Aattaboy Septic Service (Lothrop)
Associated Waste Services C.C. Construction, Inc.
AMA Excavating Cape Cod Septic Inspection (Littlefield)
Bartolotti Construction Northern Paving & Excavating
John Rice, Inc. Borthwick & Summers, Inc.
Albion F. Rich G. C. Customer Builders, Inc.
T. W. Nickerson, Inc. John Martin, Inc.
J. W. Dubis & Sons, Inc. Mainstay Motor Inn
Brownsgreen LLC (Aattaboy septic service) Crowell Construction, Inc.
On the Creek Café Boathouse Fish Market
Deb Giza (massage) Cumberland Farms, Inc.
Hatch’s Fish Market, Inc. Lighthouse Restaurant
Heidi Dyer, (massage) Sweet Seasons, Inc.
Wellfleet Marketplace, Inc. Wellfleet Marine Corp.
Stone Lion Inn Riley’s of MA
PJ’s Family Restaurant Matthew A. Frazier
EZ Doze It Excavating, Inc. Bouse House Enterprises
EZ Doze It Excavating, Inc. F. L. Quinn Construction
Matt Carroll and Daughters James J. Roderick, Inc.
Blue Willow Fine Foods A & B Cando
Harborside Village Cooperative Corporation (taxes)
Correspondence:
Rowell reviewed the folder, indicating brochures, etc. for Board members to look at.
Willecke moved to adjourn the meeting at 7:50 pm; seconded by Lezli Rowell;
passed 5-0.
Respectfully submitted,
Christine Bates, Committee Secretary
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