Wellfleet Board of Health
Minutes of Meeting of dJune 27, 2007
Senior Center, Long Pond Room, 7:00 p.m.
Present: Chair Richard Willecke, Lezli Rowell, John O’Hara, Agent Hillary Greenberg,
Assistant Agent Andrew Petty and Christine Bates, Committee Secretary
Regrets: Alex Hay and Kenneth Granlund:
Chair Willecke called the meeting to order at 7:03 pm.
I. Title V Variances Requests
1. Sparrow, 115 Parkington Hill Rd., Map 45, Parcel 23. Terry Ryder represented the applicant, who stated they are selling the house. He gave an overview of the project, and stated this project has been approved by the Conservation Commission. Agent Greenberg stated the town confirmed it is a 5 bedroom structure, and she approves of the venting proposal. Rowell moved to approve Ryder and Wilcox Plan 7286 dated 04/24/07 and grant the one variance requested in the May 24, 2007 letter for the upgrade of a septic system to serve a five bedroom structure, a grandfathered, non-conforming dwelling (with respect to the Nitrogen
Loading Limitation) subject to the following standard conditions:
a) Design flow is to be limited to 553.8 gpd, to serve five bedrooms.
b) The well water shall be tested and found potable, with results copied to the Health Department, prior to issuance of the Disposal Works Permit
c) 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 John O’Hara; passed 3-0.
2. Vatner, 116 Hiawatha Rd., Map 28, Parcel 182. Chris Wickson of East Cape Engineering, Inc. represented the applicant and gave an overview of the project. The proposal is to demolish the existing three bedroom house which does not meet the zoning requirements and rebuild a new three bedroom house. The septic and well will be upgraded. A Septitech system will be used. A monitoring well was installed to determine depth to groundwater. Rowell moved to approve East Cape Engineering plan 06-113 dated 05/07/07 and grant the 13 variances requested in the letter of 05/21/07 for the construction of a septic system
to serve a three bedroom structure, a grandfathered, non-conforming dwelling (with respect to the Nitrogen Loading Limitation) using denitrification technology under the General Use approval category, subject to the following standard conditions:
a) Design flow is to be limited to 334 gpd, to serve three 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 two years of operation, semi-annually for the next 2 years, and 1 sample annually from then on. Upon transfer of the 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.
f) The audio / visual alarm shall be powered by a separate circuit per construction notes.
g) Annual inspection of pumps and alarms with results copied to the Health Department by January 31 for the previous year.
seconded by John O’Hara; motion passed 3-0.
3. Walsh, 320 Chequessett Neck Rd., Map 19, Parcel 30. Jason Ellis represented the applicant and gave an overview of the project. The existing septic has failed and there was an agreement with the Health Department to upgrade. Ellis requested the Board consider eliminating the I/A system requirement. Willecke stated that the plan as presented, with an I/A system, was approvable. There was discussion regarding where the well should be located due to topography. Discussion took place between the Board and the Walsh’s regarding the local regulation requiring denitrification. Rowell moved
to approve J. C. Ellis plan dated 06/12/07 and grant the seven variances requested in the letter of June 15, 2007 for the construction of a septic system to serve a two bedroom structure, compliant with respect to the Nitrogen Loading Limitation, for using denitrification technology under the Remedial Use category subject to the following standard conditions:
a) Design flow is to be limited to 222.37 gpd, to serve two 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 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 two years of operation, semi-annually for the next 2 years, and 1 sample annually from then on. Upon transfer of the 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 3-0.
4. Boriskin, 101 Commercial St., Map 21, Parcel 127, waiver for Certificate of Occupancy. Ms. Boriskin stated that the nitrogen level in her private well is too high to qualify for a Certificate of Occupancy. She stated she had performed five water quality tests with the following results for nitrates:
d6/02/05 3.9 mg/l;
9/27/06 20 mg/l;
10/18/06 22 mg/l;
11/29/06 22 mg/l; and
12/13/06 23 mg/l
She has been told she is unable to hook up with town water at this time, and her present well is surrounded by septic systems. Her intention is to hook up to town water as soon as possible. She has been drinking bottled water, and is concerned about the health of her dogs. She has had a well driller test three additional sites on her property with no improvements. Willecke stated he is familiar with the area and Agent Greenberg stated there is not much the Board can do, and holding the certificate is not beneficial to Boriskin. Rowell doesn’t feel she should drill a new well due to the nitrates being a neighborhood problem. John O’Hara moved to grant the Certificate of Occupancy; seconded by Lezli Rowell, with the condition Boriskin test her water for
nitrates bi-annually with results copied to the Health Department; passed 3-0.
II. New Business
George Heufelder of Barnstable County Health Department, gave a presentation on the monitoring of the performance of I/A systems. He also requested the Board sign a Mutual Aid Agreement, entering into an agreement to allow the Health Agent to cross over to other towns in the event of an emergency, still covered with benefits from Wellfleet. Rowell moved to sign the agreement; seconded by John O’Hara; passed 3-0.
Agent Greenberg stated there are businesses that have picnic tables outside their establishments. She feels that as long as there is no table service, there is no means of eliminating ‘temporary seating’ but will enforce that there should be visible signs stating the restrooms are not for the public.
Richard Willecke stated he had a conversation with the Director of the DPW and there will not be a change to the fee schedule for the Transfer Station. Richard Willecke moved not to change the fee schedule; seconded by Lezli Rowell; passed 3-0.
Board of Health Meeting 2007 Summer Schedule: In the event of an emergency, a special meeting could be held at the DPW with 3 members from the Board. Meetings will be held on July 11 and August 8.
Due to a conflict with Lezli Rowell’s schedule, the Board is considering changing the day of week for Fall Board of Health meetings. Agent Greenberg will check meeting locations and engineer’s availability for Mondays. A decision will be made at the next meeting.
2007 / 2008 Board of Health Reorganization: Lezli Rowell nominated Richard Willecke as Chair; seconded by John O’Hara. Richard Willecke moved to nominate Lezli Rowell as Vice Chair; seconded by John. Passed 3-0.
Richard Willecke stated he wrote up an annual review for Agent Greenberg to be sent to the Town Administrator.
III. Old Business
60 Cyprus: DEP rejected the plans in regards to the SAS. Emily Beebe will have to come back to the Board with a new plan.
Update on the canopy at the Transfer Station: a letter was sent to the Director of DPW. Director Vincent stated they have requested an Order of Correction and have contracted with a business which will eliminate going out for bids on the project. He stated it will take two days to repair. Rowell suggested a preliminary draft order be written with a time limit. Willecke will get in touch with Vincent in the next few days to determine when work can be done.
95 Rockwell: Agent Greenberg informed the Boardthat a letter went to Brian Dudley of the DEP stating that the original cesspool had no permits, etc., and there is no grandfathered design flow.
IV. Licenses
The Juice
Jeffrey Lynch
V. Correspondence
Reports, letters, discussion on surveys, Greenberg’s responses to letters.
Agent Greenberg reported Danforth’s final judgment will be August 21, 2007.
DEP gave the Juice permission to use the tight tank as long as they need it; however, the Wellfleet Board of Health gave them until the end of 2007, as temporary stay of enforcement orders to upgrade in compliance with Title 5.
VI. Meeting Minutes
May 23, 2007 Meeting minutes cannot be reviewed due to lack of quorum.
Lezli Rowell moved to adjourn at 9:35 pm; seconded by John O’Hara; passed 6-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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