Board of Health
March 23, 2006 Mtg. Min.
Wellfleet Board of Health
Minutes of Meeting of March 23, 2006
Senior Center, Long Pond Room, 7:00 p.m.
Present: Chair Richard Willecke, Kenneth Granlund, Anne White, Alex Hay, Health Agent Hillary Greenberg and Christine Bates, Committee Secretary
Regrets: Lezli Rowell
Chair Willecke called the meeting to order at 7:00 p.m. The meeting was tape-recorded.
Meeting Minutes
Meeting minutes of February 8, 2006 and March 8, 2006 could not be approved due to lack of quorum.
Variance Requests
1. Kugell, Stanley, 6 Way #14, Map 9, Parcel 628: Variance required for system upgrade. Alan Cabral of Felco Inc. represented the applicant for the upgrade to a Title 5 septic system, replaces a cesspool. The variance request is 33 feet from leach area to bordering vegetated wetlands. Agent Greenberg stated she is pleased to see the application and the Conservation Commission identified this project as a Negative 3. Cabral stated the design of the leach pit gives more flexibility. Chair Willecke moved to approve Felco Plan 05208 dated 02/09/06 and grant the variance requested in the letter of February 27, 2006 for
the upgrade of a septic system to serve a three bedroom structure, a grandfathered, non-conforming dwelling with the following conditions:
a) Design flow is to be limited to 337 GPD, to serve three bedrooms.
b) No increase in habitable area without Board of Health review.
c) The well water shall be tested and found potable, with results copied to the Health Department, prior to issuance of the Disposal Works Permit.
d) 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.
Alex Hay seconded the motion, passed 4-0.
The hearings for Kevin O’Connor at 135 Main Street and Captain Higgins, located at 250 Commercial Street will be continued to April 12, 2006.
IV. New Business
Chair Willecke explained the Board would be voting on Wellfleet Board of Health regulation changes due to changes in State Regulations.
Wellfleet Board of Health Regulation Changes:
201 Deletion of the word “or” in the first sentence to read: The Board of Health will make determinations in accordance with these and other regulations, but reserves the right in special circumstances, as determined in its judgment to be more restrictive to issue variances, or to grant exemptions. Willecke moved to approve the change; seconded by Hay, passed 4-0.
302 Add last paragraph under the bedroom category to read: Deed restrictions will be required if maximum bedroom allotment is met and homeowner wishes to finish rooms that may appear to meet the definition above. Agent Greenberg stated many people want studies or work space in their basements, and this addition will allow people to develop their property, and still identify the number of bedrooms. Hay moved to approve the addition; seconded by White; passed 4-0.
Failed System definition to read: A leach pit or cesspool which overflows due to inadequate design or capacity for the existing use, or which requires pumping four (4) or more times in a twelve-month period to prevent such overflows, or a leaching facility that is found to be in the groundwater.
Agent Greenberg stated Title 5 regulations at the State level is set at four (4) and wanted to be the same as the State. She also stated the Board felt people might stop getting their systems pumped for fear of failure at the previous regulation of two (2) pumpings. Granlund moved to approve the change; seconded by Willecke; passed 4-0.
502 New regulation:
If a previous water test is on file and has tested above the allowable limits, the Board reserves the right to require a retest at its discretion. Agent Greenberg stated if a previous nitrate test is above 10 on the files, Board of Health could request a new test. Willecke moved to approve the new regulation; seconded by Hay; passed 4-0.
504 Private water wells are to be located on the property served. Agent Greenberg stated the Board of Health still has the option to grant variances if requested . White moved to approve the wording; seconded by Hay; passed 4-0.
512 Bottled water permits will not be allowed for new food service establishments. Agent Greenberg stated DEP advised her it is difficult to regulate if people or using bottled water or water from the well. She stated very few establishments use bottled water. Hay moved to add the new regulation; seconded by Willecke; passed 4-0.
603 Insertion: Unless inspected previously within two years under the terms of this regulation, the sewage disposal system shall be inspected by a licensed inspector approved by the Board of Health whenever a property containing such a system is transferred by sale, exchange, gift, or bequest to a new ownership, or placed into or taken out of a form of trust ownership. Agent Greenberg stated this tightens up the regulations. Granlund moved to approve the insertion; seconded by White; assed 4-0.
Insertion: In making its determination, the Health Department and the Board of Health shall consider the following:
(1) vertical separation between the bottom of the leaching facility and adjusted observed groundwater meets the minimum of 4 feet for existing 1978 code systems and 5 feet for 1995 code systems,
(2) setbacks to septic systems and wells in the neighborhood,
(3) setbacks to wetlands and local requirements for denitrification,
(4) evidence of overflow, hydraulic loading, breakout, filling, or a deviation from the approved plan,
(6) pumping records, ,
(7) leaching capacity of existing systems relative to potential need.
In Wellfleet, a cesspool system serving a property to be transferred shall be defined as “failed” and must be upgraded to meet Title 5 standards within 6 months. (amended 3/26/03) Willecke moved to approve new language; seconded by Hay; passed 4-0.
605 Systems judged by the Health Agent to have failed must be upgraded to meet existing State and local requirements. Systems that are a threat to the public health must be repaired immediately. White moved to approve new language; seconded by Willecke; passed 4-0.
609 New regulation: Tight tanks will not be permitted when it is feasible to site and construct a Title 5 compliant upgrade for a seasonal or year round residential structure. Tight tanks will only be permitted when the Board of Health determines that a sufficiently compliant Title 5 system is not feasible due to excessive variances from state and local regulations. Hay move to approve new regulation; seconded by White; passed 4-0.
705 New regulation: (Effective 9/22/2006) at time of property transfer all tanks ( any tank used to store fuel oil for the purpose of heating) shall be required to be replaced with double walled fuel oil storage tanks or shall be required to provide 110% containment capacity to prevent contamination from leaks that may occur. Exterior fuel oil storage tanks must be covered with substantial impermeable
construction material to prevent water accumulation within containment in such a way that it satisfies the Board of Health and the Fire Department. The area beneath the exterior tank shall be a 4 inch thick continuous concrete slab. All above ground elements of a fuel storage system shall be maintained free of leaks and visible rust. Agent Greenberg stated the ground water is very important and a spill could cost approximately $40,000 to $100,000 to clean up. Corrugated steal covers are sufficient which are larger than a tank and made of plastic which cover a tank. Greenberg stated this applies only to property being sold. White moved to approve new regulation; seconded
by Granlund; passed 4-0.
706 New regulation: Effective 9/22/2006) All new construction where above ground fuel storage tanks are installed (inside & outside) shall be required to provide a double walled fuel oil storage tank or shall be required to provide 110% containment capacity to prevent contamination from leaks that may occur. Exterior fuel oil storage tanks must be covered with substantial impermeable construction material to prevent water accumulation within containment in such a
way that it satisfies the Board of Health and the Fire Department. The area beneath the exterior tank shall be a 4 inch thick continuous concrete slab. All above ground elements of a fuel storage system shall be maintained free of leaks and visible rust. Agent Greenberg stated she believed the Fire Department would be doing the inspections at the same time they will be inspecting for carbon monoxide alarms. Willecke moved to approve new regulation;
seconded by White; passed 4-0.
903 New dates: The annual Permit to Keep Farm Animals shall run from January 1st to December 31st. Hay moved to change the dates to the calendar year; seconded by White; passed 4-0.
4005 Delete regulation regarding smoking in the workplace. The State laws supercede this regulation. Willecke moved to delete the workplace smoking regulation; seconded by Granlund; passed 4-0.
7002 Add sentence for a deadline for materials required for Board of Health hearings:
These materials must be in the Health Department at 12:00 PM a minimum of one (1) week prior to the meeting date. Hay moved to approve the addition; seconded by Granlund; passed 4-0.
Meeting with the Wellfleet Water Commission
Mark Berry, Lynn Hiller, Jean Schaefer and Moe Barocas introduced themselves. Berry gave an overview of a project the Town of Eastham did regarding a survey and water sampling. He stated Eastham had received grant money for the sampling and mailing, which resulted in positive reaction and participation from residents. A discussion took place on how a similar project could be done in Wellfleet. Agent Greenberg stated the Health Department had valuable information available, but not in any format in a data base. She stated there was a staff shortage and there was no available money for town-wide water testing. She also stated some of the data available is several years old, and that some of the nitrate readings could fluctuate due to precipitation and summer weather. Berry
stated Eastham performed the testing by dividing the town into three areas over a period of three years. Granlund questioned if people would use their own water, knowing their water might fail. The Water Commission would like to identify areas in Wellfleet that display high nitrates. Their intent is to educate the people of Wellfleet about the water situation. Ideas were discussed regarding utilizing a volunteer group to take the samples and perform the data input. Willecke stated the GIS computer is located at Town Hall and relocation to the Health Office would be necessary to build a data base.
Berry discussed the information he would like to gather from a written survey and asked the Board if they would like to add any additional questions. Barnstable County offers assistance with surveys and formats. The Cape Cod Commission may be a good resource for grant information. The Water Commission would also like to include an educational piece regarding nitrates, contaminants, and potential problems. Agent Greenberg stated there are not many water supply issues based on the lack of public water.
Further discussion took place regarding who might sign up for town water, capacity issues, the use of alternative systems (septic), specific septic failure locations, the purchase and sale of properties, irrigation wells and systems, and monitoring of properties abutting the land fill and the use of Board of Health regulation to limit development. Willecke stated that the Board of Health is a statutory arm of the state legislature. It is granted authority to provide for the public health and safety. To use its authority expressly for the regulation of development, would be an abuse of power.
Agent Greenberg stated if the Commission could provide people to perform computer data entry , they would have access to the current information and be able to input data from the Health Department.
Anne White moved to adjourn the meeting at 9:15 pm; seconded by Ken Granlund; passed 4-0.
Respectfully submitted,
Christine Bates, Committee Secretary
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