Present: Chair Richard Willecke, Kenneth Granlund, Lezli Rowell, John O’Hara, Agent Hillary Greenberg, Assistant Agent Andrew Petty and Christine Bates, Committee Secretary
Regrets: Alex Hay
Richard Willecke called the meeting to order at 7:00 pm.
I. Title V Variances Requests
1) Brooks (Szczebak) 60 Cypress St., Map 36, Parcel 63: Installation of Septic System (Cont’d from 1/24/07). Emily Beebe represented the applicant. A letter dated dateYear2007Day21Month1January 21, 2007 from Lincoln Almond was read into the record objecting to the variances. Beebe gave an overview of the project, responding to the Board’s directives from the January 24, 2007 meeting and supplying an updated plan 2/12/07. Rowell requested that the plan include siting RSF in the event that a back-up system is needed, as required under Provisional Use approval. Rowell requested that the “10,000
square feet as deeded” lot area be stricken from the plan and that identification of the square footage be limited to the actual surveyed area of 9,492 square feet, as well as plan amendments to include the Amphidrome approval transmittal date and number with Provisional approval category, be added as a construction note. Based on the additional revisions to the plans, Rowell moved to approve E. H. Beebe’s plan 1276, revised dated of 02/15/08, with RSF or other approximate replacement as required under Provisional Use Approval Category and grant the two variances for the construction of a septic system for a one bedroom structure in compliance with the Nitrogen Loading Limitation due to credit rating utilizing Amphidrome I/A technology, with floor plans to be reviewed by the Health Agent, with the following conditions:
a) Design flow is to be limited to 112 gpd to serve one bedroom.
b) 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 restrictions 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.
e) A copy of a three 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 Ken Granlund; passed 4-0.
2) 53 Cannon Hill Rd., Map 30, Parcel 148. Installation of septic system (Cont’d from 01/10/07). Tim Brady represented the applicant and gave an overview of the project based on the Boards’ requests of 01/10/07. John O’Hara moved to approve East Cape Engineering, Inc. plan 05-0312 revised 01/31/07 and grant the two variances for the construction of septic system to serve a one bedroom structure in compliance with the Nitrogen Loading Limitation due to nitrogen credit rating utilizing an Advantex I/A system, with floor plans to be reviewed by the Health Agent, and subject to the following conditions:
a) Design flow is to be limited to 153 gpd to serve one bedroom.
b) 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 restrictions 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.
e) A copy of a three 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 Ken Granlund; passed 4-0.
3) Dugan, 95 Rockwell Ave., Map 24, Parcel 159: Septic upgrade. Lezli Rowell recused herself. Jason Ellis and Ben Zehnder represented the applicant, giving an overview of the 4 requested variances and the history of the structure. Chair Willecke read a letter from the Department of Interior addressed to Health Agent Hillary Greenberg stating their concerns with the requested variances and requested property bounds be placed on the property. Agent Greenberg expressed concern with considering this structure a two bedroom dwelling based on the fact the attic was never considered a bedroom according to building permits and
the renovations completed in 1979 eliminated one of the bedrooms on the first floor. Zehnder stated the Board should look at how the structure was built originally and how it was utilized in the past. Discussion took place among Board members and staff regarding the debate if the property is a two bedroom or one bedroom and considered the environmental impact based on the size of the property. Zehnder stated he can clearly state there were two bedrooms prior to 1979 and the system that was installed at that point in time was designed for two (or three) bedrooms. Ellis stated a one bedroom system would probably be over-taxed because in all likelihood, there would be more than two people at the property at one time, and by utilizing an Advantix system, the nitrogen removal would provide a sound environmental process. Additional discussion took place regarding the bedroom count and the design flow. Richard Willecke moved to deny J. C. Ellis revised
plan dated January 29, 2007; no second; motion failed. Ken Granlund moved to approved the requested four variances with the following conditions:
a) Design flow is to be limited to 228.6 gpd to serve two 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) 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 restrictions 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 three 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.
There was no second; motion failed.
John O’Hara moved to approve the plan; identifying this as a one bedroom dwelling with a design flow limited to 228.6 gpd using the 2006 conditions; seconded by Richard Willecke; no vote, motion failed. Attorney Zehnder stated that a one bedroom designation with a conditional two bedroom septic design was not in his client’s interest and requested a continuation to March 14, 2007. Willecke moved to continue to date March 14, 2007; seconded by John O’Hara; passed 3-0.
4) St. Aubin, 115 Rockwell Ave., Map 25, Parcel 11: Septic upgrade. Jason Ellis represented the applicant and gave an overview of the requested variances and stated that the cesspool serving the abutter on Parcel 160 is due to be upgraded. A letter from the U.S. Dept. of Interior was read into the record and there was a request the property lines be identified. Discussion took place whether an I/A system should be utilized as triggered by the setback to the abutter’s cesspool, and Ellis stated the abutter’s new system will be an I/A system due to unavoidable well-to-septic
setback variances on that property. The proposed septic system for 115 Rockwell meets well distances and the local regulation did not seem to apply to requiring I/A where the upgraded well does not meet the setbacks. Lezli Rowell requested that the plan list the additional variance to Regulation 607 but agreed that the I/A could be waived based upon the intention of protecting well to engineered septic system setbacks. Rowell moved to approve the J. C. Ellis plan, Revised 2/15/07, and grant the three variances requested for the upgrade of septic system to serve a three bedroom structure, a grandfathered, non-conforming dwelling (with respect to the Nitrogen Loading Limitation) subject to the following conditions:
a) Design flow is to be limited to 339.79 gpd to serve three bedrooms
b) 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 restrictions 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 John O’Hara; passed 4-0.
II. New Business
DPW Issues: Chair Willecke and Agent Greenberg met with DPW Director, Mark Vincent, to discuss the requests for the changes in the holiday schedules at the transfer station, the necessary repairs to the canopy over the dumpster, and efforts for better future communications. Vincent stated there has to be two consecutive days off for employees due to union regulations. He stated he wanted the transfer station open on Tuesdays, and then again on Friday. Vincent stated he uses his transaction logs to calculate the level of activity and is able to identify the busiest and slowest holiday weekends. He is suggesting keeping the 4th of July and Labor Day open. The transfer station will be open on Sundays. They will be open 22 Mondays during the year. This schedule will eliminate some overtime to the Town. If this schedule does not work for the public, it can be reviewed at a later date. There will be some savings to the Town with transferring the garbage off placeCape.
Vincent also reported they have been unable to locate suitable material for the repairs to the canopy.
It was agreed there will be an annual review between the Board and DPW which will include discussions and activity reports of the transfer station.
Lezli Rowell moved to approve the schedule changes; seconded by Richard Willecke; passed 4-0.
III. Licenses were signed
IV. Correspondence
A letter from Ms. Crossman was read into the record.
A brochure/information on the Amphidrome system was distributed.
Various letters to residents regarding junk yards and Wellfleet setbacks.
· The Juice: Agent Greenberg reported that Williams has contacted Emily Beebe to do some work on the property; however, Williams received a letter from the Department of Environmental Protection which states it must be a PE to do any future work on the property.
V. Meeting Minutes
Richard Willecke moved to approve the January 24, 2007 meeting minutes as presented; seconded by Ken Granlund; passed 3-0-1 (Rowell absent).
Agent Greenberg reported that the DEP will be sponsoring a workshop in Hyannis at the new location on March 1 from 8:00 am to 3:15 pm.
Lezli Rowell moved to adjourn at 8:00; seconded by Ken Granlund; passed 4-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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