Wellfleet Board of Health
Minutes of Meeting of May 23, 2007
Senior Center, Long Pond Room, 7:00 p.m.
Present: Chair Richard Willecke, Kenneth Granlund, John O’Hara, Alex Hay, and Christine Bates, Committee Secretary
Regrets: Lezli Rowell
Chair Willecke called the meeting to order at 7:00 pm.
I. Title V Variances Requests
Rosenberg, Way 672, Map 12, Parcel 601: Emergency Installation of a Tight Tank. Emily Beebe represented the applicant and gave an overview of the project. There are two cesspools which are close to the Herring River and have failed. The soil on the property drives the need for a tight tank. This is an emergency request. Willecke stated he discussed the plan with Agent Greenberg, who approved the use of a tight tank. Beebe stated should the Herring River flood, all utilities would be shut off. Discussion took place regarding the maintenance. Richard Willecke moved to approve the Beebe plan 1281 dated 05/16/07 and grant the tight tank requested in the letter of 05/15/07 to serve a four (4) bedroom structure 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) There is to be n o 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) 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.
f) STANDARD CONDITION: 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 Alex Hay; passed 4-0.
II. New Business
None
III. Old Business
Czczebak, 60 Cypress, Map 36, Parcel 63: Review footprint. Emily Beebe represented the applicant. Variances have been previously approved and there has been an increase in floor plans, which requires additional variances. It remains a one bedroom dwelling with no change in design flow. The original plan was for a 10’ x 20’ dwelling and the revised plans are for a 32’ x 32’ structure with two stories. Willecke stated Agent Greenberg’s concerns were the number of bedrooms and since this will remain one bedroom, this should not change the Title 5. Abutter Mary Almond expressed concern about the size of the proposed dwelling as well as its location on the property. Mr. Almond questioned where the access to the property would
be because the road washes out during storms. Alex Hay moved to approve the increase in habitable space; seconded by Richard Willecke; passed 3-1.
Botti / Bertolini, 23 West Main Street, Map 14, Parcel 144: Amend variances approved. Emily Beebe represented the applicant and stated an additional variance is required because the well driller installed the well four (4) feet away from the original location which has reduced the amount of required leaching area. The variance request will increase the reduction an additional 1.2%. Ken Granlund moved to approve modifying the variance from 10% to 11.2%; seconded by John O’Hara; passed 4-0.
Dugan, 95 Rockwell Ave, Map 24, Parcel159, Discussion on bedroom count
Attorney Ben Zehnder, Mrs. Dugan and Jason Ellis came to the table. Alex Hay had missed the original meeting, but stated he had read the necessary meeting minutes. Willecke read minutes from the original request which identified the dwelling as a one bedroom in June 2006. On January 24, 2007, the applicant came back to the board requesting this be identified as a two bedroom dwelling. Meeting minutes of 2/14/07 were read. Attorney Zehnder gave an overview of the reasons the board should consider this a two bedroom which included the affidavits from family members, pictures of the loft area and new stairway, how the property was used in the past, the definition of a bedroom, DEP’s definition of Title Five regarding design flow and discussion regarding vintage use.
Zehnder distributed additional copies of descriptions of properties from the Assessor’s office and provided a aerial photograph of the surrounding area. He stated one bedroom structures are rare in this town and usually require tight tanks, etc. and he did not think Mrs. Dugan would have compromised the use of the dwelling for her family.
Willecke read Agent Greenberg’s statement which outlined the history of the property. He read the regulations regarding upgrades from cesspools to Title 5. There are no documents in town records identifying the attic as a bedroom. Hay asked why they did not apply for a variance as the records clearly show only one bedroom. Zehnder replied that this is the assessor’s decision versus what is and what isn’t a bedroom, and he feels the attic agrees with the code description, even though there is no record in the septic design flow. Willecke questioned the 7 foot height of the attic which is he feels must be for the whole room, and due to the ceiling design, the amount of floor space would not be 70 square feet because all the space in the attic is not
habitable. Zehnder gave an example if someone built a house with a 330 gpd but only had one bedroom, they could build an additional two bedrooms in the future. Zehnder stated Dugan’s septic was built for two bedrooms. O’Hara stated he feels he must go with the paperwork which is on record. Willecke stated there were no standards when the cesspools were designed and installed. Ken Granlund felt it was designed for two bedrooms, and even though the loft (attic) area is not considered a bedroom, he feels the dwelling is 2 bedrooms. Willecke stated the Board has discussed a vintage bedroom, and the attic is not considered a bedroom. The original two bedrooms on the first floor were changed to one bedroom, and the attic was never considered a bedroom. Zehnder argued that if you take away a bedroom, should the person have to loose their design flow. Ann Dugan gave some history on the house and stated if the Board did not
change the number of bedrooms, her family would not be able to use the house as they had in the past. Willecke stated this house is a one bedroom house according to our definition and stated he didn’t feel this would change the use as a beach house for her family.
Alex Hay moved to overturn the Health Agents’ ruling that this is a one bedroom dwelling; seconded by Ken Granlund. John O’Hara stated he would abstain. Alex stated he did not feel we would add precedence and feels we were given enough evidence to identify this as a two bedroom dwellings. The final vote was 2 (for); 1 (abstain) and 1 (against). Zehnder questioned O’Hara if he required Town Counsel to make a decision if cess pools are treated the same as Title 5 systems and he replied yes. Willecke stated there are no town records of what the cesspool was built for. Zehnder asked to rescind the vote, and also asked to have Town Counsel get involved. Willecke stated the vote was taken and it could not be rescinded. Willecke agreed to
get Town Council involved and also recommended getting DEP involved. Agent Greenberg will get back with Zehnder.
IV. Licenses
Pepperidge Farm Wellfleet Historical Society
Hyannis Ice Cream Laure A. Sullivan
Christel Pierron
VI. Correspondence
VII. Meeting Minutes
Richard Willecke moved to approve the May 9, 2007 meeting minutes with amendments; seconded by John O’Hara; passed 3-0.
Alex Hay moved to approve the April 11, 2007 meeting minutes with amendments; seconded by John O’Hara; passed 3-0.
Alex Hay moved to approve theMarch 14, 2007 meeting minutes with amendments; seconded by Ken Granlund; passed 3-0.
Alex Hay moved to adjourn at 8:25 pm; seconded by Ken Granlund; passed 4-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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