Wellfleet Board of Health
Minutes of Meeting of June 28, 2006
SeniorCenter, Long Pond Room, 7:00 p.m.
Present: Chair Richard Willecke, Lezli Rowell, Anne White, Health Agent Hillary Greenberg, Assistant Health Agent Andrew Petty, and Christine Bates, Committee Secretary
Regrets: Alex Hay, Ken Granlund
Chair Willecke called the meeting to order at time 7:00 p.m. The meeting was tape-recorded.
Meeting Minutes
Lezli Rowell moved to approve meeting minutes of May 24, 2006 as presented; seconded by Richard Willecke, passed 3-0.
Variance Requests
1. Terkanian, 80 School Street, Map 13, Parcel 85: Septic Upgrade. David Lajoie of Felco represented the applicant. This is an upgrade for a five bedroom dwelling. Harry Terkanian stated he would like to refurbish the barn building and maintain the five bedroom count. Rowell questioned the use of a design flow designated to ‘office’ area, and Terkanian stated that the space will become a hallway after doing renovations to the house. Rowell noted that while a prior BOH practice may have been the reason for a flow in the past, she did not feel that the typical residential office space required septic engineering equivalent to a commercial office use. By consensus the Board directed Lajoie to drop the extra design flow. There were four
(4) variances requested. Lezli Rowell moved to approve the Felco Inc. plan dated 05/02/06, to be amended in design flow, and grant the four variances requested in the letter of 05/14/06 for the upgrade of a septic system to serve a five (5) bedroom structure, grandfathered and nonconforming (with respect to the Nitrogen Loading Limitation) with the following conditions:
a) Design flow is to be limited to 550 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 placeCityBarnstable, and proof of deed recording shall be submitted to the Health Department prior to the issuance of the Disposal Works Permit.
Seconded by Anne White; passed 3-0.
2. Dugan, 985 Rockwell Avenue, Map 24, Parcel 159: Septic Upgrade. Jason Ellis represented the applicant. He stated this is a one bedroom home on a 5,625 square foot lot. The well will be relocated, a leach trench will be installed in the back with an Orenko, Advantex 20 nitrogen reducing unit. He requested four (4) variances. Lezli Rowell moved to approve J. C. Ellis Design Plan dated 03/20/06 and grant the 4 variances requested in the letter of 05/23/06 for the upgrade of a septic system to serve a one (1) bedroom structure, a grandfathered nonconforming dwelling using Advantex denitrification technology under the Remedial Use approval category, subject to the following conditions:
a) Design flow to be limited to 118.4 GPD, to serve one (1) bedroom.
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 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.
e) Any restriction in design flow and all conditions shall be recorded against the deed for the property at the Registry in placeCityBarnstable, and proof of deed recording shall be submitted to the Health Department prior to the issuance of the Disposal Works Permit.
f) 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 Richard Willecke; passed 3-0.
New Business:
George Reilly requested time before the Board to discuss property located on Holbrook Avenue. Lezli Rowell stated she is employed by an abutter to the property. Richard Willecke stated he did not see any conflict for her to be involved in the conversation. The property is at the bottom of the hill and is in the wetland area (marsh) which abuts Mayo Creek. There are two structures on the property with two separate wells. Reilly feels a tight tank is the best option for receiving sewage waste but requested the Boards input. Rowell considered the criteria in 310 CMR 15.260. The extent of hydric soils appears more landward than the town’s BVW delineation by the engineer’s test holes, and soil mottling by suggest seasonal water fluctuations. Rowell considered these
site conditions adequate to meet the “no feasible alternative” for on-site leaching capacity, but warned that the requirements to provide 500% design flow capacity in tank sizing, set with A/V alarms set at 3/5, along with an O&M plan and conditions to pump no later than 75% capacity may be costly. She felt that the benefits may offset these costs, but warned that a failure to observe pumping requirements where there is no leaching will put the property owners’ at risk of a Cease and Desist Order for habitation, and she wanted to be sure the engineer expressed the responsibilities that come with operation of a tight tank. Reilly agreed. Rowell stated this would call for tight tanks for each dwelling. She requested that buoyancy calculations be submitted with the plans, and noted that approval will need to come from the board for the condition set.
Tobacco Regulation Changes: The Board will determine the fee at the July 12, 2006 meeting. Currently, a $25.00 fee seems reasonable since the future fines will be more stringent. Agent Greenberg mailed out a notification of the hearing as well as the proposed regulations to all stores selling tobacco products.
Danforth update: Agent Greenberg reported Audrey Danforth is about 75% complete and expects the septic to be totally complete in two weeks.
Greenberg stated she had not received a response from DPW regarding questions the Board asked for the proposed fee for the scales at the Disposal area. Willecke requested Wellfleet residents be eliminated from the fee.
Licenses:
Tom Brady, Septic Installer
Lorna Kaplan, Massage Therapy
Cape Cod Children’s Place (temporary)
Correspondence:
1. Invitation to Americorp graduation ceremony.
2. Housing Partnership: requesting review and comments from Board members. Greenberg noted some of the lots were for affordable housing and it appears they are looking for alternative systems. This would mean additional costs to the owners / tenants. Rowell expressed concern regarding the water issues and wells.
3. Agent Greenberg stated there will be a bird flu simulation exercise at the elementary school on August 25, 2006. Community members will be asked to participate in the exercise. Greenberg is looking to see how well the town will meet the Emergency Preparedness Response
4. An anonymous letter was received regarding fees for chickens and animals, on the back of a breakfast order ticket.
5. The State of the Wellfleet Harbor sent a letter requesting our support. Anne White moved Agent Greenberg send a letter on behalf of the Board; seconded by Richard Willecke; passed 3-0.
6. Agent Greenberg read a letter from an attorney regarding the placeCityTaylor property.
7. Miscellaneous bulletins, newsletters, and reports were reviewed.
Board Elections:
Lezli Rowell moved to elect Richard Willecke as the Chair of the Board of Health; seconded by Anne White; passed 3-0. Richard Willecke moved to elect Lezli Rowell as Vice Chair of the Board of Health; seconded by Anne White; passed 3-0.
Richard Willecke moved to adjourn the meeting at 8:15; seconded by Lezli Rowell; passed 4-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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