Wellfleet Board of Health
Minutes of Meeting of May 9, 2007
Senior Center, Long Pond Room, 7:00 p.m.
Present: Chair Richard Willecke, Lezli Rowell, Kenneth Granlund, John O’Hara, Health Agent Hillary Greenberg, Assistant Health Agent Andrew Petty, and Christine Bates, Committee Secretary
Regrets: Alex Hay
Chair Willecke called the meeting to order at 7:00 pm.
I. Appeals:
Curtis, 27 Elinor’s Way, Map 8, Parcel 186: Appeal of the Health Agent
A letter dated April 25, 2007 from Curtis was read into the record by Chair Willecke. Agent Greenberg stated she received plans in 2005 identifying a shower and bathroom on the 2nd floor in the garage, which she did not approve. The approved plan identified the space as an allowed office area with a toilet and sink only bathroom. She told the Board she did a walk through of the garage and a shower and kitchen sink had been installed, creating a potential apartment. Mr. Curtis stated he interpreted that if a deed restriction for three bedrooms was in place, he could do what he wanted in the area over the garage. He stated he did not realize he had to follow the approved plan. He stated he and his father did the work and during the pre-inspections, no one
stated he was in violation. Curtis stated this area would be a game room and family room. Willecke expressed his concern that Curtis did not follow the approved plans. Agent Greenberg stated she felt it was clear that no shower or kitchen sink were to be installed, based on her conversations with Architects Studio and Curtis. Lezli Rowell stated Curtis is the responsible party because he hired an architect and was the general contractor, having sub crews working under him. She found that he had constructive knowledge of the limitation against creating an accessory space that could be defined as a bedroom, supported the Health Agent’s determination. Richard Willecke moved that the appeal be denied; seconded by Lezli Rowell. Rowell advised Curtis that the remedy for the violation of the terms of the Health Department’s approval of the plan would be to remove the shower and kitchen sink and that only a powder room (toilet and sink) could be
installed. The motion to deny the appeal passed 4-0. Curtis asked if he could appeal the Board’s decision and was told he could file a petition in Superior Court if he wished.
II. Title V Variances Requests
1. Kosinski, 88 Ione Road, Map 28, Parcel 68: Septic Upgrade (Cont’d from 4/11/07). David Lajoie represented the applicant. Agent Greenberg reported that she had talked with the abutter and the location of their well was identified. Lajoie gave an overview of the two variances requested. Lezli Rowell moved to approve the Felco 06135 plan dated 03/04/07 and grant the two (2) variances requested in the letter of 03/13/07 for the upgrade of a septic system to serve a two (2) bedroom structure, a grandfathered nonconforming dwelling (with respect to the Nitrogen Loading Limitation) subject to the following conditions:
a) Design flow to be limited to 220 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) 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 Richard Willecke; passed 4-0.
2. Britnall, 26 Pine Point Rd., Map 28, Parcel 68, Septic Upgrade. Emily Beebe represented the applicant. The applicant had received approval for the upgrade of a septic system in 2006. Due to the prohibitive cost of installation, Beebe submitted a revised plan dated 4/19/07. A Micro-FAST unit will be utilized to provide denitrification. The leaching facility location has not moved, but the tanks have been relocated away from the coastal bluff. Lezli Rowell moved to approve Emily H. Beebe’s plan dated 04/19/07 and grant the seven (7) variances requested in her letter of 4/25/07 for the uprade of a
septic system to serve a four (4) bedroom structure, a grandfathered nonconforming dwelling (with respect to the Nitrogen Loading Limitation), with Micro-FAST 0.5 denitrification unit to be used under the Remedial Use approval category, subject to the following conditions:
a) Design flow to be limited to 440 gpd, to serve four 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.
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 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 John O’Hara; passed 4-0.
3. Berlane, 35 Holbrook Ave., Map 21, Parcel 138, Tight Tank Installation. George Reilly of Land Design Associates represented the applicant and gave an overview of the project. He stated almost all the property is in the 100 year floodplain elevation, confirmed by soil testing and groundwater elevation. The Board agreed a tight tank was the only option available for this property. Agent Greenberg asked if they would be using the Vericom panel or equivalent, and Reilly stated he would add that as a condition. Rowell questioned if there will be renters and Reilly did not know. Agent Greenberg requested water tight
tests be added as a condition. Lezli Rowell moved to approve the Land Design Associates plan dated 03/31/07 and grant the request for on-site tight tank for the sewage disposal service of two (2) structures, one a three (3) bedroom and one a four (4) bedroom], grandfathered and non-conforming with respect to Nitrogen Loading Limitations, revised with Vericom or equivalent technology subject to the following conditions:
a) Design flow is to be limited to 770 gpd, to serve seven bedrooms
b) No increase in habitable area without Board of Health review
c) Any replacement of on-site well connection with Municipal Water Supply shall be done under the benefit of proper plumbing and electrical permits, and authorization by the Water Commissioners, and in compliance with the Water System rules and regulations
d) Audio / Visual alarms shall be set to activate when liquid level reaches 60% capacity; pumping to be performed within 48 hours. Annual log of pumping records and septage disposal to be submitted to the Health Department with O & M contract for service and hauling copied to the Health Department. All pumping records to be copied to the Health Department. Failure to do so may result in requirement for inspection, or “cease and desist” order from operation of tight tank.
seconded by Ken Granlund; passed 4-0.
4. New Business
The water tests for Cacchiotti, 180 Commercial Street, Map 21, Parcel 91, were not considered potable. Agent Greenberg questioned if the owners performed a proper testing. Cacchiotti requested permission to install the new septic system as approved by the board, waiving the standard condition for a potable water test result. Rowell stated that based on the history and location of the property, she would not recommending a new well be installed. Lezli Rowell moved to waive the requirement for potable water for Cacchiotti’s property and go ahead with the installation of the septic. Motion seconded by Granlund and passed unanimously.
Agent Greenberg reported there are nine (9) beaches eligible for reduced water testing frequency which will end up saving money for the town. Two tests will be done each year. Ken Granlund moved to approve the Board of Health agreeing to the testing; seconded by Richard Willecke; passed 4-0.
Rowell questioned the signage at Gull Pond regarding mercury in the fish. She stated many fish are stocked and not all fish may have the high mercury level.
Agent Greenberg stated the Emergency Preparedness workshop was poorly attended. She will distribute packets throughout the Town.
Old Business
Dugan, 95 Rockwell Ave, Map 24, Parcel 159: Discussion on bedroom count. Attorney Ben Zehnder requested a continuation, which the Board agreed to.
Richard Willecke reported there will be one change to the DPW transfer station schedule and Mark Vincent will get back to the Board before 5/25/07. Vincent stated he has been having difficulty getting a contractor to complete the canopy at the transfer station. A lawyer recommended we file a Health Order for cease and desist with a copy to the DPW to get the canopy repaired. Lezli Rowell requested the DPW supply a copy of the RFP or job description, and include the names of contractors and estimate of costs. Richard Willecke moved to have Agent Greenberg write a letter requesting a copy of the RFP’s; otherwise, a ‘Cease and Desist’ will be issued on the use of the canopy area; seconded by Lezli Rowell; passed 4-0.
Richard Willecke stated he would like to see better signage for the recycling of high efficiency bulbs. Agent Greenberg will contact the newspaper to have an article written, and Richard Willecke will request better signage.
Employees working at the transfer station are complaining about the amount of dust they are inhaling, which is caused from dirt in the road. The area is not paved and could present drainage problems if paved. It was recommended employees wear dust masks if necessary. If the road were to be paved, it would require a capital project request, involving the Planning Board, Board of Selectmen, etc.
V. Licenses
Surfside Café Sarah Beals
Licia Elizabeth Fields Anne E. Freyss
Left Bank Gallery Stephanie Mattfeld
Marconi’s Oceanside Gifts, Inc. Heather Mackenzie
VI. Correspondence Rowell reviewed the correspondence file, which included several pamphlets, informational pieces, and copies of Agent Greenberg’s correspondence.
VII. Meeting Minutes – minutes will be deferred to the next meeting.
Richard Willecke moved to adjourn the meeting at 8:15 pm; seconded by Ken Granlund; passed 4-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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