September 27, 2006 Board of Health Meeting Minutes 1
Wellfleet Board of Health
Minutes of Meeting of September 27, 2006
Senior Center, Long Pond Room,7:00 p.m.
Present: Chair Richard Willecke, Alex Hay, Ken Granlund, Health Agent Hillary Greenberg, Assistant Health Agent Andrew Petty, and Christine Bates, Committee Secretary
Regrets: Lezli Rowell and Anne White
Chair Willecke called the meeting to order at 7:04 p.m. The meeting was tape-recorded.
I. Minutes
Due to the lack of a quorum, meeting minutes of July 26, 2006 will be reviewed at the next meeting.
II. Title V Variances Requests
1. 55 Pine Point Rd, Map 21, Parcel 46: Septic Upgrade
Tim Brady represented the applicant. The well will be placed 100 feet from the septic system and 95 feet from the abutters septic due to the topography of the land and water flow. Hillary requested the well be shifted 2 feet to give a 97 foot difference to the leaching system of the abutter. Richard Willecke moved to approve East Cape Engineering, Inc. plan 06-065 dated 608/24/06 and grant the five variances requested in the letter of 08/24/06 for the upgrade of a septic system to serve a 3 bedroom structure, a grandfathered, non-conforming dwelling under the remedial use approval category subject to the following standard conditions:
a) Design flow is to be limited to 258 GPD, to serve 3 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
Seconded by Alex Hay, passed 3-0.
2. 5 Catboat Road, Map 41, Parcel 80: Septic Upgrade
Paul Lindberg represented his parents. After reviewing the plans, Agent Hillary Greenberg stated this is a minor project. Richard Willecke moved to approve JC Ellis plan for 5 Catboat Road dated 06/15/06 and grant the two variances requested in the letter of 09/14/06 for the upgrade of a septic system to serve a 3 bedroom structure, a grandfathered, non-conforming dwelling under the remedial use approval category subject to the following conditions:
a) Design flow is to be limited to 332 GPD, to serve 3 bedrooms
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) 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 3-0.
3. 65 Mill Hill, Map 13, Parcel 95: Septic Upgrade
Emily Beebe represented the applicant. Richard Willecke stated that the Board required additional time to review the plans which were not submitted by deadline for agenda placement, and were only just delivered, and Agent Greenberg noted that a quorum of the composition of the Board from the continued hearing is not present, and no vote could take place. The Board was willing to ‘workshop’ the application. Beebe stated she was still proposing a reduced set back to the private well on site. The revised plans moved the well in the northwest corner and have increased the setback achieved from 64’ to a proposed 77’ and increased the gradient of topography between the well and septic. The setback to the cellar wall will have a 13’ instead of 11’ complying with the Title 5 minimum. Flow barrier is not proposed. The setbacks to the property lines will remain the same.
Beebe discussed the Bennett and O’Reilly, Inc. letter of 6September 25, 2006 regarding direction of groundwater flow as a mitigating factor to respond to the language of local regulation 607. Also attached was a USGS generated map provided by the Cape Cod Commission identifying groundwater elevations according to Bennett. The groundwater direction has a south / southeast flow on this property. Agent Greenberg stated she is comfortable with the letter and if the Board is comfortable, the waiver to require I/A system could be considered. She recommended that a condition of a well testing routine be considered, 4 times per year, to attach requirement to provide advanced treatment in the future should the nitrate levels test above 10 mg/L.
David Bennett gave an overview of the groundwater character. The relocation of the well would eliminate any impact from the SAS on the well, mitigating the variance by upgradient well siting. There was discussion regarding regulation 607 and how it is applied in this case. Beebe stated that due to the mitigating factors, the requested variances should be granted. Alex Hay may recuse himself from the vote because Emily Beebe rents a property of his. Agent Greenberg will consult with the State Ethics office. Richard Willecke stated they would review the plans and requested that Beebe present them in the continuation of the hearing form September 13th at the next meeting.
III. New Business
Tobacco Violation Fine Review
Discussion took place regarding the fines recommended by the State. Agent Greenberg reported all other towns are in compliance with the fines, supporting both the monetary fines and suspension of sales. There is an 18 month reset period and if a store gets caught selling tobacco products to minors three times, then it would be a flagrant violation. Granlund stated he is concerned that foreign employees would have difficulty following regulations. Hay states some of the fines may not be strict enough. Willecke states the youth should be our concern and not the owners of stores. Andrew Petty stated Wellfleet should adhere to the fines. Alex Hay moved to approve the fines as presented; seconded by Richard Willecke; passed 2-1.
IV. Licenses
There were no licenses to sign
V. Correspondence
· Letter from Agent Greenberg to the DPW regarding repair of the steel roof at the landfill. Director Mark Vincent stated they are planning on making repairs.
· Information regarding spinach and e-coli outbreak.
· A letter from Agent Greenberg regarding the proposed Shepley site (currently Consider the Lilies) stated leach area passes inspection as a ’78 code configuration, and there could no increase in habitable area.
· A letter received with concerns about maintaining a two bedroom count at Seashells Condo Association due to alterations to the cottages.
· Agent Greenberg’s letter regarding Ocean Reef Gifts commenting on the septic for a proposed change in use.
· Educational materials
· A list of Public Water Supply areas (approximately 30)
Agent Greenberg reported Billingsgate condo septic has failed.
Agent Greenberg reported she, Andrew Petty and Christine Bates would be out of town on the next scheduled meeting. Willecke stated he wants to have a meeting and to have Mary Rogers take meeting minutes.
Agent Greenberg presented material to the Board looking for recommendations for the Special Town Meeting. The due date for recommendations is 10/9/06. Greenberg will send a note to Elizabeth Hartsgrove and request an extension to the 10/12/06 for the Board of Health’s input.
Ken Granlund moved to adjourn at 8:00 pm, seconded by Richard Willecke; passed 3-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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