Wellfleet Board of Health
Minutes of Meeting of November 8, 2006
Senior eCenter, Long Pond Room, 7:00 p.m.
Present: Chair Richard Willecke, Lezli Rowell, Kenneth Granlund, Alex Hay, Assistant Health Agent Andrew Petty and Christine Bates, Committee Secretary
Chair Willecke called the meeting to order at 07:00 pm.
I. Meeting Minutes
Lezli Rowell moved to approve the October 11, 2006 meeting minutes as presented; seconded by Ken Granlund; passed 3-0.
Ken Granlund moved to accept the Octoer 25, 2006 meeting minutes as presented; seconded by Alex Hay; passed 3-0.
II. Title V Variances Requests
1. Maier, 1015 3rd Ave., Map 40, Parcel 7, Septic Upgrade
Reggie Donahue, of Coastal Engineering, gave an overview of the project asking for a variance of seven (7) feet from the salt marsh. A retaining wall will be utilized to raise the grade for the septic and leaching area to achieve vertical separation to ground water. A FAST alternative denitrification system will be used. The Conservation Commission has approved the project. Lezli Rowell moved to approve Coastal Engineering Plan #C15591.01 dated 10/17/06 and grant the two variances requested in the letter of 10/19/06 for the construction of a septic system to serve a 3 bedroom structure in compliance with the Nitrogen Loading, utilizing FAST denitriciation technology under the General Use approval category subject to the following conditions:
a) Design flow to be limited to 335.2 GPD, to serve 3 bedrooms.
b) 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.
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.
d) 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.
e) Any replacement of future failed system to be installed without incurring variances to wells or marine resources.
Seconded by Richard Willecke; passed 4-0.
III. New Business
1. Schiffrin, 174 Samoset Road, Map 28, Parcel 89: Appeal of Health Agent’s determination regarding septic failure notice. Attorney Dan Kilkenny represented the Schiffrin’s. Richard Willecke read the letter from Attorney Kilkenny dated 10/24/06 regarding the property. Andrew Petty, Assistant Health Agent, talked on behalf of Hillary Greenberg, Health Agent. He gave an overview of the history of the septic system, stating a contractor inadvertently removed the septic system and the home owner requested a 2.53’ variance to ground water to replace the system. In 1986 the Board of Health proceeded to grant the variance to groundwater. The system has since failed inspection by the Health
Agent because the bottom of leaching pit is 2.5’ from unadjusted groundwater (Regulation 603) and the system does not provide protection to the public health and environment.
Attorney Kilkenny stated Harold J. McGinn, a DEP approved system inspector, certified the septic system passed inspection and was in
Title V compliance on October 3, 2006. Kilkenny stated he and his client acknowledge the depth of 2 ½ feet. In July 9 1986 a letter was sent to DEP and a hearing was held, looking for a variance to be able to construct a system which was granted. Willecke stated whether or not it was granted in 1986, the current Board of Health has the right to correct an error by the previous board. Given the measurement, which is accurate, this Board would not have granted the variance. Lezli Rowell stated the septic inspection triggered the failure and the Health Department has the authority to view this as a public health issue. Kilkenny stated the report does not state this. Willecke read MGL 253. section 10(f) which reads:
“The Massachusetts Tort Claims Act provides that there is no liability for failing to inspect or inadequately or negligently inspecting real or personal property to determine whether the property complies with or violates any law, regulation, ordinance or code, or contains a hazard to health or safety.”
In other words, the Health Department has the right to inspect and review again. Kilkenny objected that the Board can change a variance. Willecke reread the Tort Claims, Alex Hay stated the Board has the last word on the inspection results and it is now mandated when property changes hands, inspections have to take place and if it fails, a new septic has to be installed. Rowell further explained that was acceptable 20 years ago is now outdated because it does not protect the health of people today. Willecke read the 10/31/06 opinion of Town Counsel stating environmental protection was not considered in 1986. Rowell stated once the variance is granted and installation is made, it is complete and this is an antiquated version of Title 5. The system has failed
and the variance is not being taken away. Kilkenny stated there were no conditions on the variance. Lezli Rowell moved to uphold the Health Agent’s determination of failure of the system; seconded by Alex Hay; 4-0. Willecke informed Kilkenny he could appeal the decision. Rowell suggested the property owner upgrade the system in order to protect their health and the public health.
2) Joy C. Daley subdivision, Rte 6 and addressStreetPine Point Road. Ken Granlund recused himself as an abutter. Granlund asked if he could question the Board as an abutter. Andrew Petty stated he and Agent Greenberg have no problem with the plan. Ken Granlund, abutter, feels the plan is not up to all the standards. He upgraded his septic system several years ago and doesn’t feel all the details are on the plans. He has no problem with subdividing the property, but would appreciate having all the septic plans identified. He wants to make sure all the pertinent information is put down. Willecke and Alex stated the plan will come before us again. Lezli Rowell asked Granlund if
including the abutters septic and wells on the plan would be helpful, and he responded yes. Lezli Rowell moved the Board of Health approve the plan with conditions that the abutter well components are shown on the plan.; seconded by Alex Hay; passed 3-0.
IV. Licenses
Wellfleeter Condominium Association Congregational Church
PJ’s Family Restaurant Blue Willow Fine Foods
Lower Cape Muscular Therapy Paulette Abdow (massage)
Jaya Karlson, NTS (Massage) Even’Tide Motel & Cottages
V. Correspondence
· Cape Cod Cooperation extension - article are. Ticks.
· Brochure on Cape Cod Bay Sanctuary monitoring program
· Letter from Dave Ferris to Town
· Letter dated 11/7/06 from Anne White regarding her resignation.
VI. MISC:
John O’Hara attended the meeting and expressed interest in becoming a member of the Board of Health.
A copy of a letter from Agent Greenberg to real estate offices clarifying private well and nitrate levels
Alex Hay discussed the endangered species act (MESA) which restricts the building code. Andrew Petty stated almost all of Wellfleet is involved. He explained that an addition would have to be over 50% of what the structure is now to be involved in the program. Surveying and perk tests are exempt. New septic systems could fall in the realm. MESA wants to be the first organization to see any activities. Andrew and Hillary can make suggestions to people to send information to MESA. He feels approximately 25% of our variance requests would have to go to MESA, and hopes that the engineers go to MESA prior to filing with the Board. There are only 3 people in MESA to review the entire state. He is expecting more material in the next 3 weeks which will help determine how
Wellfleet will handle it.
Willecke will write a letter to Anne White thanking her for her service on the Board.
The next meeting will be cancelled due to the Thanksgiving Holiday. Our next meeting will be December 13, 2006.
Lezli Rowell moved to adjourn at 7:55 pm; seconded by Alex Hay; passed 4-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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