Wellfleet Board of Health
Minutes of Meeting of May10, 2006
Senior Center, Long Pond Room, 7:00 p.m.
Present: Chair Richard Willecke, Kenneth Granlund, Lezli Rowell, Anne White, Health Agent Hillary Greenberg and Christine Bates, Committee Secretary
Regrets: Alex Hay
Chair Willecke called the meeting to order at 7:00 p.m. The meeting was tape-recorded.
Meeting Minutes
Lezli Rowell moved to approve meeting minutes of March 8, 2006 as presented; seconded by Ken Granlund, passed 3-0.
Richard Willecke moved to approve March 22, 2006 meeting minutes with amendments; seconded by Anne White; passed 3-0.
Lezli Rowell moved to approve April 12, 2006 meeting minutes; seconded by Richard Willecke; passed 3-0.
Variance Requests
1. Captain Higgins, 250 Commercial St., Map 21, Parcel 106: (Cont’d from 04/12/06). At the request of the engineering firm, this hearing will be continued to May 24, 2006.
2. North, Charles, 64 Beach Street, Map 35, Parcel 11. David Lajoie of Felco Inc. represented the applicant. There will be no change in use to the existing house, located on a 15,969 square foot parcel. There are 7 variance requests. Agent Greenberg questioned the intent of variance #6, to “modify soil removal for construction in fill” to which Lajoie responded this is for a shortage of area provided to the leaching component overdig. Willecke moved to approve Felco Inc. Plan 1154 with a revised date of 04/12/06 and grant the 7 variances requested in the letter of April 24, 2006 for the upgrade of a septic system to serve a 3 bedroom structure, a grandfathered, non-conforming dwelling (with respect to the Nitrogen Loading Limitation), utilizing FAST I/A technology
under the General Use approval category with the following conditions:
a) Design flow is to be limited to 330 gpd; a variance has been granted allowing a 25% reduction to the SAS capacity
b) The well water shall be tested and found potable, with results copied to the Health Department, prior to issuance of the Disposal Works Permit
c) 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.
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.
e) 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 operation, 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
Seconded by Anne White; passed 4-0.
3. Folchi, Kenneth, 65 Mill Hill Road, Map 13, Parcel 95. Emily Beebe represented the applicant. She stated a landscaper identified the collapsed cesspool which needed an emergency repair. She requested an extension in time from the Title 5 provision, 310 CMR 15.353 (2): “All emergency repairs … shall be followed within 30 days … by an application for a Disposal System Construction Permit, local upgrade approval, or an application for a variance” to complete the entire job. She requested that the Board permit temporary installation of a pre-cast concrete leaching unit, to receive the residential wastewater flow throughout the summer. Rowell voiced this type of
component would not be a part of the ultimately engineered plans and felt it would be a better measure to immediately install the 1500 gallon septic tank to receive the load, while the septic plans are being developed. Agent Greenberg agreed. Beebe asked the board whether they would allow a leaching unit to follow the tank, to avoid pumping costs. Green berg felt that it was a possible compromise, and the board questioned when the final engineered plans would be submitted to the Health Department by. Beebe indicated that she was seeking eight weeks.
Rowell moved to have the 1500 gallon tank installed immediately, with specs for the temporary leaching unit to be submitted to the Health Department before installation to fulfill the emergency repair, and grant an extension under the provision for Beebe to present engineering plans to Agent Greenberg within 60 days. If any variances are required, the plans will be presented to the Board of Health (within the 60 day timeframe); seconded by Willecke. Beebe questioned whether she could calculate the leaching capacity provided under the ’78 Code allowance for 4’ of sidewall area; Rowell clarified that the current code is the standard and the motion allowed for the Agent to review and approve the component. Motion passed 4-0.
4. Brintnall, Scott, 26 Pine Point Road, Map 21, Parcel 69. Emily Beebe represented the application. Agent Greenberg advised the Board a letter had been sent regarding the septic system failure. Beebe stated she was recommended a Recirculating Sand Filter (RSF) configuration in the new plans presented to the board, versus the BioClere system submitted in the timely plans. The RSF can be calibrated for optimal performance and has a good track record in testing with the County for nitrogen removal. The RSF media bed is to the west of the structure, and is self contained, located where the bank is substantially more stable than the proposed BioClere plans. The variance requests remain the same, including a 17% reduction in provided SAS area. The leaching area is to the
east of the dwelling. The variances are due to the constraints of a 6,447 square foot lot size, and inability to meet setbacks. Agent Greenberg requested that Beebe get a letter from the abutter on Parcel 132 regarding the work limit intruding onto their property. Agent Greenberg stated this is the best solution considering the lot size, and noted that the Murphy’s had permitted the test holes on their lot for this upgrade to proceed. Rowell moved to approve the Emily Beebe Site Plan and Proposed Sewage Disposal System revised plan dated May 9, 2006 and grant the variances requested in the letter of April 28, 2006 for the upgrade of the septic system to serve a four bedroom structure, a grandfathered, non-conforming dwelling (with respect to the Nitrogen Loading Limitation) utilizing RSF technology under the Remedial Use approved category with the following conditions:
a) Design flow is to be limited to 440 gpd; a variance has been granted allowing a 17% reduction to the SAS capacity.
b) There shall be no increase in habitable area without Board of Health review.
c) 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.
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.
e) 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 operation, 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
Seconded by Willecke; motion passed 4-0.
New Business:
Bob Collette of the Cape Cod Regional Tobacco Control Program, Jeffrey Dinger of the Barnstable County Tobacco Coalition under the Sheriff’s Department and Cheryl Sbarra, a Senior Staff Attorney for the Mass. Health Boards’ Association reviewed Wellfleet’s local tobacco control regulations versus Massachusetts General Laws. Discussion took place regarding the state table of fines for violations, the youth decoys used for compliance checks, and the issues with personnel in stores selling to youth. The tobacco control programs recommend that every town enact a permitting program with a fee for merchandisers that sell tobacco, which may reduce the sales to minors. There would be a suspension of tobacco sales permit if the retailer is not in compliance. They stated the average permit
fee is $50.00. Enforcement of the regulations is controlled by the local Board of Health. It was recommended there be a Tolling Period of 18 months which would allow previous offences to be severed from any consideration of permit suspensions. The Board stated they would change the local Wellfleet tobacco regulations to reflect the Massachusetts General Law. A public hearing would have to be held as well as getting permission from the Board of Selectmen to initiate a fee.
Licenses:
Gary Lucas, Septic Installer Wellfleet Marine Corp.
Donaven, Inc. dba Cape Cod Disposal Co. DJ Conte / Ken Parks
Eric’s Seafood Restaurant Wellfleet Historical Society
Correspondence:
Agent Greenberg stated she had received a preliminary review of Deck 2 upgrade.
Various booklets and newsletters were distributed.
Agent Greenberg stated a letter was sent to the Wellfleet Market Place regarding septic pumping records and an identified system failure. Liquid depth was at 90% capacity.
Agent Report:
Greenberg reported that a Food Safe Course was attended by approximately 30 people. A CPR course was going to be offered. Rabies Vaccinations were distributed.
Willecke moved to adjourn the meeting at 8:30; seconded by Lezli Rowell; passed 4-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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