Minutes of Meeting of January 10, 2007, 2006
Senior Center, Long Pond Room, 7:00 p.m.
Present: Chair Richard Willecke, Lezli Rowell, Kenneth Granlund, Alex Hay, John O’Hara, Agent Hillary Greenberg, Assistant Agent Andrew Petty and Christine Bates, Committee Secretary
Richard Willecke called the meeting to order at 7:00 pm.
I. Minutes :
Minutes will be reviewed after the hearings.
II. Title V Variances Requests
1. Deck 2, 1780 Rte 6, Map 29, Parcel 1: Revised septic plan.
John Schneible of Coastal Engineering represented the applicant and stated he had received a letter from DEP requesting some changes to the original plan. The proposed changes would including using a watertight and double walled fiberglass tank, and providing secondary treatment as IWPA protection, proposed with a Recirculating Sand Filter. Lezli Rowell moved to approved revised plan C11596.01 dated 12/08/06 and grant the two variances requested in the letter of December 8, 2006 for the upgrade of a septic system to serve a 65 bedroom condominium complex, grandfathered and nonconforming with respect to the Nitrogen Loading Limitation, utilizing a Recirculating Sand Filter configuration per DEP regulations for Interim Wellhead Protection Area, as permitted under the Remedial Use approval
category subject to the following conditions:
a) A variance has been granted to allow a reduction in the size of the leach area provided to 7,150 GPD. Any functional or hydraulic failure will necessitate upgrade to Title 5 Code LTAR soil absorptions system calculated to at least 75% of the design flow.
b) No increase in habitable area without Board of Health review.
c) The PWS ID # xxxx shall be tested per DEP sampling schedule 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 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 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 two 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 Alex Hay; passed 5-0.
2. Cutter,70 Summit Street, Map 20, Parcel 81: Septic Upgrade and new well (Cont’d from 12/13/06). Jason Ellis represented the applicant. The existing cottage is grandfathered (based on town records of 1981). The upgrade is for a 4 bedroom design. Alex Hay moved to approve the Nov 5, 2006 J. C. Ellis plan and grant the 3 variances for the upgrade of a septic system to serve a four (4) bedrooms, in two grandfathered nonconforming dwellings (with respect to the Nitrogen Loading Limitation) subject to the following conditions::
a) Design flow to be limited to 446.24 gpd, to serve 4 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 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.
Seconded by Lezli Rowell; passed 5-0.
3. Schmidt, 53 Cannon Hill Rd., Map 30, Parcel 148: New dwelling, septic and well. Tim Brady of East Cape Engineering represented the applicant. This is a vacant lot on Cannon Hill Rd. which is 80’ x 120’ and he stated there is a private road which the applicant owns up to the center line, totaling 12,000 square feet, large enough for a one (1) bedroom house. The requested variance is to allow a 1 bedroom system with the well on the lot and the leaching area located in the paper road. Lezli Rowell stated the Board would like the entire system to be located on the property, per local regulation well and septic system siting on the lot to be served. Brady stated he didn’t feel anyone would be driving over the paper
road. Agent Greenberg spoke with Brian Dudley from DEP regarding authorization of using paper roads for nitrogen credit land. Brady stated there is no regulation that he is aware of. Agent Greenberg referred to a case from 1974 (Smith v. Haddad) which stated the road could not be used and the Board cannot determine the legality of otherwise permitting use of the road in calculating design flow. Agent Greenberg asked if the leaching could be moved closer and have the applicant request a sideline variance. Rowell stated the Board is not qualified to decide the ownership of roads, and would prefer to see the applicant use a technology rated for nitrogen credit to seek permission for the dwelling for a capacity of 110 gpd. Rowell also discussed the role of engineers in explaining the sensitivity of on-site septic systems and the importance of calibration of design flows based upon the proper number of bedrooms, and that while Title 5
provides some buffer for normal fluctuation, over-use of a low design flow system with improper additional bedrooms poses risks to the functional longevity of the system and the public health in the event of a dramatic failure. A letter from Robert Driscoll, an abutter, was read into the record and requested further information on the findings of the Board. Jamie Vierra, Attorney, representing an abutter, requested a copy of the revised plan before the next meeting. Lezli Rowell moved to continue to 2/14/07; seconded by Alex Hay; passed 5-0.
4. Contant, 186 Commercial St., Map 21, Parcel 92: Septic Upgrade.
Emily Beebe represented the applicant. A letter from abutter Robert Kennedy was read into the record stating he approves of the project with restrictions not to utilize his property for access. Beebe gave an overview of the variances requested, describing the various issues with abutters wells and septic systems. She is proposing using an Amphidrome Process system. Rowell asked about Beebe’s reliance on the Amphidrome in the plans presenting small lots and difficult topography to which Beebe replied the good nitrogen reductions performance results and homeowner’s preference for buried components to noisy, visible technology guided her plans. She verified this is a 5 bedroom dwelling. When asked about excavation, Beebe stated the contractor may have to use
smaller equipment for installation. Lezli Rowell moved to approve Job 1261, revised with extended poly-vinyl flow barrier dated January 10, 2007 and grant the five (5) variances for the upgrade of a septic system to serve a 5 bedroom structure, a grandfathered nonconforming dwelling (with respect to the Nitrogen Loading Limitation), utilizing an Amphidrome system for denitrification under the Remedial Use Approval category subject to the following conditions:
a) Design flow to be limited to 567 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 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 replacement of on-site well connection with Municipal Water Supply shall be done under benefit of proper plumbing and electrical permits, and authorization b the Water Commissioners, and in compliance with the Water System rules and regulations.
f) 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.
g) 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 two 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 5-0.
5. Alamp, 195 Main St., Map 15, Parcel 70: Septic Upgrade. Emily Beebe represented the applicant. Beebe gave an overview of the 2 variances she is requesting. There is an abandoned well house on the property. Agent Greenberg stated that due to the steep grades in the back, this I/A system will work well. Rowell suggested variances favoring the protection of down-gradient wells over the proposed siting giving better setbacks to the up-gradient wells, based upon inference of topography. Beebe stated the lot is very small and extremely steep in the back yard and if she shifted the location of the well, it would create new variances. Beebe expects regrading and landscaping to take place in order to use the back yard. Lezli Rowell
moved to approve plan #1277 dated 01/02/07 and grant the three (3) variances requested in the letter of January 2, 2007 for the upgrade of a septic system to serve a three (3) bedroom structure, a grandfathered nonconforming dwelling (with respect to the Nitrogen Loading Limitation), utilizing Amphidrome I/A technology under Remedial Use Approval category subject to the following conditions:
a) Design flow to be limited to 330 gpd, to serve 3 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 replacement of on-site well connection with Municipal Water Supply shall be done under benefit of proper plumbing and electrical permits, and authorization b the Water Commissioners, and in compliance with the Water System rules and regulations
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 two 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 Alex Hay; passed 5-0.
6. Brooks (Szczebak) 60 Cypress St., Map 36, Parcel 63: Installation of Septic System for new construction. Emily Beebe represented the applicant as well as Chet Lay of Slade Associates and Attorney Ben Zehnder. A letter from Alicia Mitchell (abutter) was read into the record. Chet Lay supplied copies of deeds on the property. He explained that this property includes lots 4 and 5, as well as a part of 9 and 11, since combined. This is deeded as a 100’ x 100’ property, or a 10,000 square foot lot, but appears to be less than 9500 square feet when surveyed, likely due to a previous incorrect monumentation of an abutting parcel. Agent Greenberg requested a stamped plan from Chet Lay and stated by deed it appears to be fine, but by
current measurement, it is less than 9,500 square feet. Agent Greenberg asked if the current owner are aware they did not purchase 10,000 square feet. Lezli Rowell stated she is troubled with establishing new variances of septic to well setbacks with new construction on the lot, and referred to 310 CMR 15.414, the section of Title 5 that discusses the criteria permissible to allow such a variance under the provision that strict compliance would be “manifestly unjust”. Rowell found that there is constructive knowledge of new construction requirements, that the costs of any system siting configurations in a new development are comparable, and that any proposal is an increase in flow. Finding the provisions to grant a well variance not satisfied, Rowell recommended the proposed reserve area location for the septic, seeking the permittable variance of waiving reserve area with any future upgrade to be a re-hab of the existing leaching area, and
moving the well to another location. Lincoln Almond and Mrs. Franklin, abutters, expressed concerns with access and sidelines. The Building Inspector told him the lot could serve for a one bedroom dwelling. Discussion took place regarding new construction of a large dwelling located on the lot line on a nearby parcel, which the Building Inspector told Almond was legal because there were no sidelines when the property was subdivided. Agent Greenberg stated that when building plans come in, she reviews all the plans and there will be a deed restriction for the one bedroom limitation. The Board noted that issues about setbacks and size of the structure are zoning issues and not Board of Health issues. Rowell explained the regulations, and the Nitrogen Loading Limitation restricting development to a one bedroom dwelling. Rowell also explained that the proposal utilizes an advanced, nitrogen reducing system up to 80 - 90 per cent.
Michael Lynch, (abutter), expressed concern with the size of the building, erosion, and access to the site. Lynch stated Beebe did not locate the cess pool on his property. Beebe agreed to locate all abutter cess pools and identify them on the plan and his by a relative’s verbal confirmation. Agent Greenberg recommended the abutters come to the Building Inspector’s and Health Agent’s office to review the plans. Lezli Rowell moved to continue to allow re-design locating abutter’s cesspool and siting well and septic in compliance with Title 5 and local regulations, to 1/24/07; seconded by Alex Hay; passed 5-0.
7. MacConnell/Neylon, 164 Cliff Rd., Map 24, Parcel 100: Septic Upgrade. Emily Beebe represented the applicant. After discussion with the Board, Beebe stated she would submit new plans eliminating the over-dig on addressStreetAlden Road , move the impervious barrier and list the elevation of the SAS. Rowell moved to approve plan 1244, to be revised, and grant the 4 variances requested in the letter of January 10, 2007 for the upgrade of a septic system to serve a four (4) bedroom structure, a grandfathered nonconforming dwelling (with respect to the Nitrogen Loading Limitation) utilizing Amphidrone I/A under Remedial Use Approval category subject to the following conditions:
a) Design flow to be limited to 440 gpd, to serve 4 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 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.
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 two 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 5-0.
III. New Business
Jason Ellis requested design guidance for a system that would be easier to install on addressStreetPine Point Rd. due to the steep coastal bluff and wetlands. A plan was previously approved, but contractors are concerned with the installation of the pump chamber. Alternative designs were discussed and Jason will come back to the Board.
Richard Willecke read an E-mail from Mark Vincent of the DPW regarding the potential change in schedule of the transfer station. The Board was comfortable with Sundays and Mondays being open, but not satisfied with closure on long holiday weekends which fall on Monday. The Board requested Agent Greenberg to write a letter to the DPW asking for documentation of holiday Monday usage and financial numbers. They agreed of the need to be responsive to year round residents, second home owners or visitors, and commercial entities. The Board would have to hold a public hearing for questions and answers of the residents. John O’Hara asked if the DPW could stagger the days instead of two days off in a row.
Willecke questioned if the canopy had been fixed (per memo of Mark Vincent) and requested status.
Agent Greenberg reported that tested fish in Duck and Great Pond have high levels of mercury in them. Discussion took place regarding public education on recycling such as fluorescent bulbs. Agent Greenberg stated DEP feels the mercury is coming from the prevailing winds from the west.
IV. Licenses
V. Meeting Minutes
Lezi Rowell moved to approve dateMonth12Day13Year200612/13/06 meeting minutes with amendments, seconded by Willecke; passed 4-0-with 1 abstaining.
VI. Correspondence / Agents Report
· Information on mercury levels;
· shellfish advisory committee regarding the construction of revetments and trucks driving on the beach;
· health clinic information,
· correspondence with the Juice Restaurant regarding inadequate and deficient inspection reports, septic not large enough for 15 seat restaurant and a 2 bedroom apartment. Information was sent to DEP
· KI pill distribution
Lezli Rowell moved to adjourn the meeting at timeHour20Minute108:10 pm; seconded by Alex Hay; passed 5-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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