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 suggested the Board review the meeting minutes after the hearings.
Variance Requests
25th Seventh Street, Map 40, Parcel 141 Owner: Mr. & Mrs. Murphy, Engineer: Emily Beebe, R.S. Variance request to upgrade subsurface sewage disposal system. Ms. Beebe stated the property is to be listed in Real Estate. This is a five bedroom dwelling.
She is requesting a variance to the lot line setbacks for the leaching area; 10 feet are required and 6 feet is provided. Rowell noted that the 1984 Assessors report verifies a five bedroom structure on this property, and commended the avoidance of any well variances. Anne White moved to approve the Emily E. H. Beebe Beebe RS. LLC plan 100503 dated December 20, 2005 and grant the variance requested in the December 21, 2005 letter for the upgrade of a septic system to serve a 5 bedroom structure, grandfathered and non-conforming with respect to the Nitrogen Loading Limitation, subject to the following conditions:
a) Design flow to be limited to 556 gpd, to serve 5 bedrooms.
b) No increase in habitable area without Board of health review
c) There is to be no conversion of use without Board of Health review.
d) The well water shall be tested and found potable, with results copied to the Health Department, prior to issuance of the Disposal Works Permit.
e) 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 Alex Hay, passed 5-0.
115 Pond Avenue, Map 29, Parcel 143 Owner: Mr. and Mrs. Taylor, Engineer: David Lajoie, R.S. Variance request to upgrade subsurface sewage disposal system. (Case was heard and approved with conditions on June 22, 2005). After a review of project by the Conservation Commission, the bordering vegetated wetlands have been redelineated, shown on amended plan; locally required 100’ separation to resource is maintained. The variance to allow one-bedroom design flow is amended onto the plan but was specifically approved by the board, and addressed in the conditions set of the 6/22/05 approval. David Lajoie noted a minor changes to the plan, identifying a one foot difference in the delineation of reserve area, as well as confirming the condition that this be a one
bedroom dwelling. Chair Willecke stated he did not feel the Board needed to address the one bedroom issue because the previous conditions identified it. He stated the delineation would not change the outcome of the original vote of the Board and the conditions. Lezli Rowell stated she felt all variances were approved and the new plan is for an update to the file. Rowell moved to endorse the approvals granted; seconded by Alex Hay.
Abutters from parcels 362, 369 and 367 were in the audience and stated they were not aware of the previous granting of the variances, but they had attended the June hearing. They stated they had not seen the new plan. There was discussion regarding the reserve area and the safety to the neighborhood. Lajoie stated the reserve area would not be utilized and it is shown as a technicality. Rowell agreed that the standard operating procedure in the event of a failure is to rehabilitate the leaching component within its original footprint, hence the board’s comfort with a variance to something that would not be constructed. The abutters stated they were not informed of the meeting when the variances were granted. Agent Greenberg stated the plot plan is the same and will not change the
outcome of the granting of the variances. The abutters requested their concerns be heard. A representative from Cura Consulting stated she feels there are public health issues with the plan. She referred to the reserve area and the retaining wall which does not meet the 10 foot clearance required between a leach area and retaining wall. She stated it could contaminate the public water. Lajoie stated the leach area does not leach horizontally, and that hydraulic flow is typically vertical. Lezli Rowell requested by ‘point of order’ that only new discussions from the consultant or public that are substantially different form those previously addressed continue, and invited the representative to submit her written report to the Agent’s office. The setback referenced by the consultant is the zoning minimum from lot line to structure, and dos not apply to Title 5 or local Board of Health regulations. She brought the
Board back to the motion; passed 5-0. Clara Chow of Cura Consulting left material for Agent Greenberg to review.
New Business:
Agent Greenberg distributed the proposed local regulation amendments to the Board for their review and discussion.
Dan LaBarr (an abutter to the 115 Pond Avenue hearing) requested the Board for time to discuss the previous hearing. He stated the consultant did not feel she had ample time to express all her concerns. He stated the abutters feel there is less than 100 feet from the existing well. Rowell objected to this characterization of the plans as there is no well variance request proposed by the engineer or noted by the Health Agent. Further discussion took place regarding the abutters concerns. Agent Greenberg stated the plan will be going to DEP as well. Rowell expressed the Board’s confidence in the Health Agent’s knowledge and review of the plan.
The Board reviewed the proposed changes of the Wellfleet’s regulations and will determine at the next meeting the date for a regulation hearing.
Meeting Minutes
Lezli Rowell moved to approve the December 14, 2005 meeting minutes with amendments; seconded by Alex Hay; passed 5-0.
Licenses
Cape Cod Excavating, Inc. MWR Construction Co., Inc.
Wall Septic Service E. F. Winslow Plumbing & Heating
Northeast Construction D. J. Burnie, Sr., Co., Inc.
Ambrosini Septic Service F.S. Rich Excavating
Wall Septic Service Robert Waters Septic Service
D. J. Burnie, Sr., Co., Inc. Cape Cod Excavating, Inc.
Robert Waters Septic Service Lower Cape Sand & Gravel
Sand Dollar Enterprises, LLC John F. Noons
Correspondence
Lezli Rowell read the letter from Agent Greenberg to the Natural Resources Advisory Board and Conservation Commission regarding the Estuary Monitoring program. Greenberg is to forward a copy to the NRAB. Various other letters were reviewed.
Agent Greenberg reported Wellfleet had their first case of rabies. She also notified the Board the Water Commissioners would like to come to our next meeting on January 25, 2006.
Alex Hay moved to adjourn the meeting at 8:45 pm; seconded by Richard Willecke; passed 5-0.
Respectfully submitted,
Christine Bates, Committee Secretary
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 suggested the Board review the meeting minutes after the hearings.
Variance Requests
25th Seventh Street, Map 40, Parcel 141 Owner: Mr. & Mrs. Murphy, Engineer: Emily Beebe, R.S. Variance request to upgrade subsurface sewage disposal system. Ms. Beebe stated the property is to be listed in Real Estate. This is a five bedroom dwelling.
She is requesting a variance to the lot line setbacks for the leaching area; 10 feet are required and 6 feet is provided. Rowell noted that the 1984 Assessors report verifies a five bedroom structure on this property, and commended the avoidance of any well variances. Anne White moved to approve the Emily E. H. Beebe Beebe RS. LLC plan 100503 dated December 20, 2005 and grant the variance requested in the December 21, 2005 letter for the upgrade of a septic system to serve a 5 bedroom structure, grandfathered and non-conforming with respect to the Nitrogen Loading Limitation, subject to the following conditions:
a) Design flow to be limited to 556 gpd, to serve 5 bedrooms.
b) No increase in habitable area without Board of health review
c) There is to be no conversion of use without Board of Health review.
d) The well water shall be tested and found potable, with results copied to the Health Department, prior to issuance of the Disposal Works Permit.
e) 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 Alex Hay, passed 5-0.
115 Pond Avenue, Map 29, Parcel 143 Owner: Mr. and Mrs. Taylor, Engineer: David Lajoie, R.S. Variance request to upgrade subsurface sewage disposal system. (Case was heard and approved with conditions on June 22, 2005). After a review of project by the Conservation Commission, the bordering vegetated wetlands have been redelineated, shown on amended plan; locally required 100’ separation to resource is maintained. The variance to allow one-bedroom design flow is amended onto the plan but was specifically approved by the board, and addressed in the conditions set of the 6/22/05 approval. David Lajoie noted a minor changes to the plan, identifying a one foot difference in the delineation of reserve area, as well as confirming the condition that this be a one
bedroom dwelling. Chair Willecke stated he did not feel the Board needed to address the one bedroom issue because the previous conditions identified it. He stated the delineation would not change the outcome of the original vote of the Board and the conditions. Lezli Rowell stated she felt all variances were approved and the new plan is for an update to the file. Rowell moved to endorse the approvals granted; seconded by Alex Hay.
Abutters from parcels 362, 369 and 367 were in the audience and stated they were not aware of the previous granting of the variances, but they had attended the June hearing. They stated they had not seen the new plan. There was discussion regarding the reserve area and the safety to the neighborhood. Lajoie stated the reserve area would not be utilized and it is shown as a technicality. Rowell agreed that the standard operating procedure in the event of a failure is to rehabilitate the leaching component within its original footprint, hence the board’s comfort with a variance to something that would not be constructed. The abutters stated they were not informed of the meeting when the variances were granted. Agent Greenberg stated the plot plan is the same and will not change the
outcome of the granting of the variances. The abutters requested their concerns be heard. A representative from Cura Consulting stated she feels there are public health issues with the plan. She referred to the reserve area and the retaining wall which does not meet the 10 foot clearance required between a leach area and retaining wall. She stated it could contaminate the public water. Lajoie stated the leach area does not leach horizontally, and that hydraulic flow is typically vertical. Lezli Rowell requested by ‘point of order’ that only new discussions from the consultant or public that are substantially different form those previously addressed continue, and invited the representative to submit her written report to the Agent’s office. The setback referenced by the consultant is the zoning minimum from lot line to structure, and dos not apply to Title 5 or local Board of Health regulations. She brought the
Board back to the motion; passed 5-0. Clara Chow of Cura Consulting left material for Agent Greenberg to review.
New Business:
Agent Greenberg distributed the proposed local regulation amendments to the Board for their review and discussion.
Dan LaBarr (an abutter to the 115 Pond Avenue hearing) requested the Board for time to discuss the previous hearing. He stated the consultant did not feel she had ample time to express all her concerns. He stated the abutters feel there is less than 100 feet from the existing well. Rowell objected to this characterization of the plans as there is no well variance request proposed by the engineer or noted by the Health Agent. Further discussion took place regarding the abutters concerns. Agent Greenberg stated the plan will be going to DEP as well. Rowell expressed the Board’s confidence in the Health Agent’s knowledge and review of the plan.
The Board reviewed the proposed changes of the Wellfleet’s regulations and will determine at the next meeting the date for a regulation hearing.
Meeting Minutes
Lezli Rowell moved to approve the December 14, 2005 meeting minutes with amendments; seconded by Alex Hay; passed 5-0.
Licenses
Cape Cod Excavating, Inc. MWR Construction Co., Inc.
Wall Septic Service E. F. Winslow Plumbing & Heating
Northeast Construction D. J. Burnie, Sr., Co., Inc.
Ambrosini Septic Service F.S. Rich Excavating
Wall Septic Service Robert Waters Septic Service
D. J. Burnie, Sr., Co., Inc. Cape Cod Excavating, Inc.
Robert Waters Septic Service Lower Cape Sand & Gravel
Sand Dollar Enterprises, LLC John F. Noons
Correspondence
Lezli Rowell read the letter from Agent Greenberg to the Natural Resources Advisory Board and Conservation Commission regarding the Estuary Monitoring program. Greenberg is to forward a copy to the NRAB. Various other letters were reviewed.
Agent Greenberg reported Wellfleet had their first case of rabies. She also notified the Board the Water Commissioners would like to come to our next meeting on January 25, 2006.
Alex Hay moved to adjourn the meeting at 8:45 pm; seconded by Richard Willecke; passed 5-0.
Respectfully submitted,
Christine Bates, Committee Secretary
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