Wellfleet Board of Health
Minutes of Meeting of January 24, 2007
Senior Center, Long Pond Room, 7:00 p.m.
Present: Chair Richard Willecke, Kenneth Granlund, Alex Hay, John O’Hara, Agent Hillary Greenberg, Assistant Agent Andrew Petty and Christine Bates, Committee Secretary
Regrets: Lezli Rowell
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 1/10/07). Emily Beebe, representative of the applicant, stated she was unable to obtain some of the requested data. Discussion took place regarding the location of abutter’s cesspools and locating the proposed septic system. Agent Greenberg stated she and DEP are uncomfortable with stating the lot is 10,000 square feet and would like to see the proposed system under the provisional use category without including the street as lot coverage. She reiterated the Board has to deal with the plans that are
presented. Agent Greenberg stated that when a lot is less than 10,000, it is advisable to use alternate technology. Beebe proposed the Amphidrone Process System. Attorney Ben Zehnder stated he understands the Board normally requires a surveyed plan and requested a survey not be done due to the timeframe with legal issues. Beebe requested a continuation. Richard Willecke moved to continue to February 14, 2007; seconded by Ken Granlund; passed 4-0.
2. Barry, 3199 State Highway, Map 8, Parcel 259: Septic Upgrade. David Lajoie represented the applicant and gave an overview of the project. The existing septic system is adjacent to the highway and the new septic will be located in the same area. Agent Greenberg stated this is a good plan due to the wetlands around property. David Lajoie stated he is going to the February 7, 2007 Conservation Commission meeting with the proposal. This is a failed system. Richard Willecke moved to approve Felco Plan 6133 dated 12/26/06 and grant the four variances requested in the letter of January 10, 2007 for the upgrade
of a septic system to serve three bedroom and 2 bedroom structures, grandfathered nonconforming dwellings with respect to nitrogen loading subject to the following conditions:
a) Design flow to be limited to 635 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 Barnstable, and proof of deed recording shall be submitted to the Health Department prior to the issuance of the Disposal Works Permit.
f) Pressure dosing maintenance inspection shall be performed yearly for pump, alarm, and equipment by January 31 for prior year.
II. New Business
95 Rockwell Ave. Attorney Ben Zehnder and Ann Lee, one of the owners of the property, stated they would like the Board to consider changing the bedroom count from one to two based on the history of the property. This property came before the Board at a June 28, 2006 meeting and was granted variances for a septic upgrade for one bedroom. The work has not been done. Zehnder stated the property is owned by the children of Mrs. Dugan, who modified the plumbing and walls in the house in 1979, keeping the loft area and the main bedroom. He presented pictures of the dwelling from a family album and a copy of the bedroom count from the Assessor’s Office which originally identified it as a two bedroom dwelling with the two crossed out and a one marked in its place. He
estimates the house to be built around 1940. He had a listing of properties in the area that identify them all as two or three bedroom dwellings He supplied a sketch of the former floor plan (prior to 1979) identifying two bedrooms and a loft.
Willecke stated how it was used is not relevant to the current regulations. There is a concern about grandfathering when a change is made. Agent Greenberg stated Andrew Petty did a walk through and considered this a one bedroom dwelling. The loft area was unfinished and the height of the ceiling is not within current regulations. Greenberg stated this is a very small lot and would not be comfortable installing a larger system. Zehnder stated the Board should consider the history of the property and what was acceptable for a septic system then. There was further discussion regarding the legality of the grandfathering since modifications were made in 1979. Ann Lee gave a history of her family’s use of the property and that she has 4 children of her own
and one bedroom is not feasible. Agent Greenberg stated she had a discussion with Bob Dugan, a brother, and confirmed with him it was a one bedroom dwelling. Further discussion among Board members took place regarding changing the bedroom count. Agent Greenberg stated if the Board were in favor of changing the bedroom count to two bedrooms, a RUK or RSF system would have to be used to get nitrogen credit. Agent Greenberg requested an affidavit stating it was two bedrooms. Zehnder and Lee stated they would have discussions with engineers.
· K1 tablets available at Health Agent’s office.
III. Licenses
IV. Correspondence
· A copy of a letter from the Building Inspector to Storer regarding a junk yard.
· A letter from Agent Greenberg to a realtor in Truro regarding setbacks in Wellfleet.
V. Meeting Minutes
Ken Granlund moved to approve the 01/11/07 meeting minutes as amended; seconded by Alex Hay, passed 4-0.
Agent Greenberg and Richard Willecke will meet with the DPW Director regarding Holiday closings of the transfer station.
Ken Granlund motioned to adjourn at 8:00; seconded by Alex Hay; passed 4-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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