Wellfleet Board of Health
Minutes of Meeting of April 12, 2006
Senior Center, Long Pond Room, 7:00 p.m.
Present: Chair Richard Willecke, Kenneth Granlund, Lezli Rowell, and Christine Bates, Committee Secretary
Regrets: Anne White, Alex Hay
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, March 8, 2006 and March 22, 2006 could not be approved due to lack of quorum.
Variance Requests
1. O’Connor, Kevin, 135 Main Street, Map 15, Parcel 118: Variances requested for septic system upgrade. Tim Brady of East Cape Engineering, Inc. represented the applicant. He stated that the well is in variance to the septic system on the abutting property (parcel 117) for which this plan’s well variance is sought. It was noted Parcel 117 has an advanced treatment system. Rowell commend the engineer for only imposing one well variance in the dense development. The locus property well is as far away as possible, and can not be relocated due to steep topography; 104’ separation is provided The proposed
system will be a Septi-Tech processor with a pressure dosed soil absorption system, to remedy the variance requests of 21 feet (+ / -) to the 100 foot required setback for proposed soil absorption system to existing well serving parcel 117, and 35 feet (+ / -) to the 100 foot required setback to edge of salt marsh. Brady stated that the project was approved by the Conservation Commission. Lezli Rowell confirmed the bedroom in the accessory building is grandfathered, according to Assessors’ records. Lezli Rowell moved to approve the East Cape Inc. Plan #05-222 dated 03/14/06 and grant two variances requested in the letter of 03/14/06 for the upgrade of a septic system to serve a three bedroom primary structure and a one bedroom accessory structure, grandfathered, non-conforming dwellings (with respect to the Nitrogen Loading Limitation) using Septi-Tech denitrification technology under the Remedial Use approval category, subject to the following standard
conditions:
a) Design flow is to be limited to 440 GPD, to serve four bedrooms.
b) A variance has been granted to allow a reduction in the size of the leach area provided by 50 %, as is permitted with the Remedial Use design credits. Any functional or hydraulic failure will necessitate upgrade to Tile 5 code LTAR soil absorption system calculated to at least 75% of the design flow.
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 replacement of on-site well connection with Municipal Water Supply shall be done under benefit of proper plumbing and electrical permits, and authorization by the Water Commissioners, and in compliance with the Water System rules and regulations.
f) 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.
g) 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: temperature, pH, nitrate, ammonia and TKN. The influent shall be sampled for these parameters once annually. The schedule for monitoring shall be quarterly for the first 2 years of operations, 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 the 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.
Ken Granlund seconded the motion, passed 3-0.
2. Captain Higgins, 250 Commercial St., Map 21, Parcel 106: Variances required for system upgrade. Tim Brady of East Cape Engineering represented the applicant. Lezli Rowell stated the Board was waiting for a response from Brian Dudley regarding metered numbers. She stated the Board also needed confirmation on the seating capacity from a review of the Building and Health department records. Brady stated the project is for the upgrade of the entire system, including a grease trap for kitchen waste and two septic tanks, as well as two treatment systems and two pressure dosed systems to the leach field. Discussion took place regarding the difference in seating capacity versus metered water use, with Brady recalling that meter numbers used to
be used under the 1978 Title 5. Brady stated the abutting house which was hooked up to the restaurant would be disconnected, when hook-up to the municipal water supply becomes available. Rowell stated the ‘78 code is outdated and the board will work with Title 5 regulation of a 35 gpd/seat design flow, unless DEP specifically allows the metered data. Further discussion took place regarding the seating and calculations by which the plan could be presented seeking the Remedial Use design credit to reduce leaching capacity by 25%, in addition to the credit proposed to reduce the separation to groundwater. Rowell suggested that as a last resort, the Board could look at reducing seating to match the design presented. Lezli Rowell moved to continue to April 26, 2006; seconded by Richard Willecke; passed 3-0.
New Business:
Helen Purcell asked the Board if they would check on the debris located behind the Mobil Gas Station on Route 6. Willecke stated he would be happy to notify the Conservation Agent (Hillary Greenberg) to check into it.
ZBA referral on Green Haven Condominiums: Mark Berry, owner, stated the ZBA required input on changing to year round use. Discussion took place regarding the original response to the ZBA on March 8, 2005 in which the Board determined there was an adequate design flow for the 15 bedrooms and laundry. The only condition imposed was for the septic to be inspected every three years, per Title 5 for condominiums. The Board determined there were no identified habitation code deficiencies, having conducted a site inspection when the property transferred to the Berry’s, nor any anticipated by change to year-round use, and that all sanitary codes are sufficiently met. The current well serving the property is a registered public water supply, which has more stringent review and sampling
requirements than private wells, so the Board and Health Department does not foresee any water issues. Neither Title 5 nor the local Board of Health regulations distinguish year round from seasonal use, and it was the Board’s opinion that the septic engineering performs optimally with the more uniform dosing of year round habitation. The Board was in consensus that they endorse year round use because it would benefit the septic system. Berry stated the use would probably fall off during the peak season because the owners would be utilizing the condo’s at other times of the year. Rowell moved to give the Health Agent authorization to send a letter to the ZBA with the previous findings; seconded by Ken Granlund; passed 3-0.
The Board was requested by the Planning Board to review the Henry Goss Cortes subdivision plan. Lezli Rowell moved to approve the subdivision for Henry Goss Cortes as there is plenty of well and septic system siting room available; seconded by Richard Willecke; passed 3-0.
Licenses:
Hyannis Ice Cream Corp Hyannis Ice Cream Corp
Jaya Karlson, The Best of the Wurst
Flying Fish Café
Correspondence:
The Board will review correspondence when there is a full Board.
Ken Granlund moved to adjourn the meeting at 8:10; seconded by Richard Willecke; passed 3-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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