 |
Wellhead Board of Health
Minutes of Meeting of August 8, 2007, 2007
Senior Center, Long Pond Room, 7:00 p.m.
Present: Chair Richard Willecke, Lezli Rowell, John O’Hara, Ken Granlund, Agent Hillary Greenberg, Assistant Agent Andrew Petty and Christine Bates, Committee Secretary
Regrets: Alex Hay
Chair Willecke called the meeting to order at 7:00 pm.
I. Variance
Adler, 95 Ione Road, Map 28, Parcel 76, Septic Upgrade
David Lajoie stated that a variance, in additional to those requested in the letter, was being requested due to the depth of the ground water. Lajoie gave an overview of the project. Abutter David Wright stated he did not object to the project and there was discussion regarding the location of his well. Advanced treatment will be utilized for the new septic upgrade. There are no water sample reports on the well. Agent Greenberg stated the cesspool had caved in. Rowell moved to approve the Felco Plan 07078 dated 08/07/07 and grant the six variances requested in the letter revised August 8, 2007, for the upgrade of a septic system to serve a four bedroom structure, a grandfathered, non-conforming dwelling (with respect to the Nitrogen
Loading Limitation) using FAST denitrification technology under the Remedial Use approval category, subject to the following standard conditions:
1. Design flow is to be limited to 444 gpd, to serve four bedrooms.
2. No increase in habitable area without Board of Health review.
3. The well water shall be tested and found potable, with results copied to the Health Department, prior to issuance of the Disposal Works Permit.
4. Any restriction in design flow and all conditions shall be recorded against the deed fore 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.
5. 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 Ken Granlund; passed 3-0.
II. Appeal of the Health Agent’s Decision
The Bookstore Restaurant, 50 Kendrick Ave., Map 20, Parcel 3. Agent Greenberg stated that she had received a complaint, and reviewed the septic system pumping records. These confirmed a statutory system failure and the Agent notified the property owner with an order to upgrade. Mike Parlante stated that he has been following a maintenance schedule; however, there was a clog in the line which required additional, emergency pumping. He stated that the grease and septic components are pumped at the same time. Agent Greenberg stated that typical Title 5 maintenance pumping should occur once every 3 years. Rowell stated that local regulations allow for more maintenance pumpings and recognized the difference between commercial and residential flows, and noted
that the Board had moved from statutory failure on the third pump within a year to permitting four times per year. Lezli Rowell stated that that older code systems with vertical pit configurations are at the expiration of their lifespans, and that the pumping record indicates that 27 year old installation has failed. Parlante stated that the restaurant restroom facilities support the recreation fields, community events at Mayo Beach, and families in need of a bathroom. Parlante stated that Mike May has the engineering plans for the town’s proposed bath house, but neither the Agent nor the Board has ever seen them. Parlante wants to have one more maintenance pumping this summer. Agent Greenberg would like a commitment to upgrade from Parlante. Parlante stated that he wants a commitment from the Town to install public restrooms, which Rowell felt was a larger public policy issue, apart from the matter of his restaurant’s failing septic
system. The Agent noted according to Town records and the prior septic plan, the 1980 system was designed for 93 seats, although Parlante stated it was for more flow. There are 246 seats at the present time, which is more than double the allotted number. Rowell stated the design of the current septic is outdated, and that an upgrade should take into account the various flows associated with the restaurant, retail and bar uses on the property. Rowell moved that the Board of Health sustain the Health Agent’s determination of failure for the septic system serving the Bookstore Restaurant, and allow for continued maintenance pumping in the interim, and grant extension for upgrade deadline; seconded by John O’Hara and passed 4-0. She requested that Parlante provide maintenance records to the Health Department, and report back to the Board of Health within six months with engineered plans for the required upgrade.
Paul Lathrop, Wellfleeter Condo’s, 275 Kendrick Ave, Map 20, Parcel 32. Lathrop, Nick Kanavos and John Schnaible presented the petitioner’s appeal. Agent Greenberg stated that this system was installed pre-1975, and that the 3 year inspection required due to condominium form of ownership fails due to 2.5 feet depth to groundwater. She has failed the system due to threat to the public health and environment in not maintaining minimum required separation between wastewater and water resources. Schnaible stated that work has been done at the site. He stated that all three systems were passed inspections, approved by prior Health Agents. He stated that it does not meeting the current requirements for depth to maximum ground water, but at the
time of installation, it did. Schnaible stated that the well water tests are passing as potable. He stated that additional testing could be done on the current well by installing additional monitoring wells, and also offered to monitor the harbor water, to make a determination whether there is any bacterial impact. Agent Greenberg stated that she is uncomfortable permitting a system as passing with 2.5 feet groundwater separation, and would like to see an upgrade. Rowell stated that the codes have been changed several times reflecting better understanding of protection to the public and natural resources and that this separation did not comply with the 1978 code revised to require a minimum of 4’ depth to groundwater, and that 5 feet of separation is what is required at this time. She recommends commitment for an upgrade now rather than testing to notice when pathogenic problems come up. . Kanovos stated that the site is only used
three months out of the year, and has received approval up to 2003. Rowell noted that seasonal use is not recognized in the Title 5 code, and moved to sustain the Health Agent’s determination of failure for the Wellfleeter Condo Association and extend the upgrade time period for six months. Motion seconded by Ken Granlund; passed 4-0.
III. New Business
Seibert, 20 Mountain Ave., Map 35, Parcel 79, increase habitable living area. Agent Greenberg stated the Seibert’s septic plans were approved in 2005 with the standard condition per small lot size, and they presently want to increase the habitable living area, keeping the same amount of bedrooms. Rowell stated that she does not see an increase in bedrooms or design flow created by the draft floor plans, and supports waiving the condition, and allowing for construction plan approvals by the Health Department. Lezli Rowell moved to approve the sketches and allow the Health Agent to approve the plan as presented; seconded by Ken Granlund; passed 4-0.
The Juice, 6 Commercial Street, Map 15, Parcel 92, Discussion. Bruce Biehans, Attorney, and Chad Williams came before the Board. Agent Greenberg read the conditions of temporary approval to use tight tank in lieu of compliance with upgrade order for the calendar year 2007, which were given to the Juice in the previous hearing, along with a chronological record of letters sent, inspection dates, etc. up to the closure of the Juice due to non-compliance with those conditions and regulations prohibiting discharge of septic. Willecke stated that one of the conditions of the tight tank allowance was that there could be revocation at any time. Bierhans stated that Williams he has come into full compliance and understands what he has to do in the future. Willecke
stated there were several issues, not just altering the system in an unapproved manner. Rowell stated that allowing a tight tank was a “gift” and the Board tailored conditions for him to operate his business through the summer season prior to complying with orders to upgrade his failed septic system, which he did not follow. Willecke expressed concern the Health Agent was not allowed to inspect the premises as requested and did not receive respect when asked to close the restaurant. Chad Williams stated that his staff will be aware of how to treat town employees. Bierhans stated that he is counseling Williams. Willecke stated any further violations of regulations and conditions would result in automatic termination of the tight tank permit and that a sign declaring “closed by the Dept of Health” will be put on the restaurant. Bierhans requested a 48 hour notification to correct future violations and Willecke stated he has
been given sufficient notice of the Board’s intent to empower the Agent to take immediate action now. Willecke moved to grant the Health Agent full authority to inspect and take enforcement actions as necessary to uphold the Board’s conditions of approval for the use of temporary tight tank, including the closure of premises and revocation of tight tank approval for any violation of the said approval conditions; seconded by Rowell and passed 4-0. Agent Greenberg clarified for Williams that the motion pertained violations of the tight tank set of conditions only, not general conditions. Agent Greenberg requested Williams come to the office every two weeks verifying the pumping records. Williams questioned whether he had to move forward with a Title 5 upgrade or if could he wait for public water. Agent Greenberg requested Williams come back in September for further discussion, as a separate matter. Rowell recommended he come in with an
engineer for the discussion.
Variance to Food Code for Salty Lou’s, Lori Caron. Caron did not come to the meeting. Agent Greenberg stated Lori Caron was interested in selling live lobsters at the Flea Market in Wellfleet. Greenberg was concerned with her using gel packs in a cooler and having no way to ensure that the cooler maintain 41 degrees. The Board reviewed the paperwork from Orleans Health Department and the Dept. of Marine Fisheries. It was determined the Board had no issues with this project.
Goldstein, Map 14, Parcel 147, 279 Holbrook Ave, Septic Installation Extension. Mr. and Mrs. Goldstein came to the board and stated they need to sell the house. There was discussion regarding the town water and when their house might be able to hook up. Willecke stated this Board has to deal with what is currently happening and not withhold required upgrades for future water services. Agent Greenberg told the Goldstein’s the upgrade does not have to take place until the house is sold, and that their previously approved septic plans were submitted voluntarily. The board advised that the potential buyer could agree to upgrade the system. There was discussion regarding the state and local regulations. Agent Greenberg stated the approved plan is valid up
until a construction of disposal works permit is granted or regulation changes disqualify the approved plans. New regulations are first posted in the paper, town website, etc. and adopted after public hearings. Willecke informed the Goldstein’s that the Board could not speculate potential alterations to the approved septic plans should town water be available.
IV. Old Business
The canopy was repaired at the Transfer Station.
Agent Greenberg stated she will look at room reservation availability to change the Board of Health meeting dates for the fall.
V. Licenses
Massage – giving of Vapor Baths for 95 Commerical Street.
VI. Correspondence
Copies of letters from Agent Greenberg to residents and comnpanies, brochures, notifications from the State, etc.
VIII. Meeting Minutes
Richard Willecke moved to approve the 05/23/07 meeting minutes as presented; seconded by Ken Granlund; passed 3-0.
Richard Willecked moved to approve the 06/27/07 meeting minutes as amended; seconded by John O’Hara; passed 3-0.
Ken O’Hara moved to adjourn at 8:55 pm; seconded by Richard Willecke; passed 4-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
| |
