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Board of Health 10/18/07
Wellfleet Board of Health
        Minutes of Meeting of October 18, 2007
Senior Center, Long Pond Room, 7:00 p.m.

Present:  Vice Chair Lezli Rowell, Ken Granlund, Alex Hay, John O’Hara, Agent Hillary Greenberg, Assistant Agent Andrew Petty and Christine Bates, Committee Secretary

Regrets:  Richard Willecke

Vice Chair Rowell called the meeting to order at 7:00 pm.  

I.      Variance

        1.  Sherman, 75 Atwood, Map 14, Parcel 72:  Construct Well.  Bob Desmond                represented the applicant and gave an overview of the project.  This is a well replacement, pursuant to a failure, that retroactively creates a 5’ setback variance to the existing septic system, which is still in service.  Agent Greenberg stated that when the septic system is to be upgraded, she wants an I/A system put in place.  Desmond stated that he will replace the two inch piping with four inch piping, with submersible pump, and access the same production horizon for water supply. Lezli Rowell moved to approve the well; seconded by Alex Hay; passed 4-0.  

II.     New Business
Representatives from NSTAR came to discuss the pure tone noise violations at the transformer on Gross Hill Road.  Representatives included Jeff Luce of  NStar, John Zeeko, engineer, Tom O’Rouke, and Quan Tat.  Luce stated there has been a great deal of phone calls, correspondence, field trips, etc. between Nstar and Agent Greenberg in response to complaints from abutters.  The transformers were lifted and pads were put in place under them, and continuing checks for noise level will be performed once a month.  This effort has reduced some of the noise level but testing results are still non-compliant with DEP regulations.  The smaller of the two transformers will be replaced in 2008.  They are in the process of designing an acoustical wall, to further mitigate the pure tone and other noise violations.  One of the transformers has been shut off as a temporary measure to reduce the noise nuisance to the neighborhood, but summer service demands will require that it is put back on-line.  He feels the noise level will be greatly reduced through this approach.

Rowell stated the poles are in bad shape on Gull Pond Road, and Luce stated they belong to Verizon and he will contact Verizon.  Tat stated the noise measurements were not in compliance with DEP.  The readings ranged from 44 to 49 decibels at various testing locations demonstrated to the board on an aerial photograph.  Rex Peterson, abutter, stated that he filed a complaint in 2006 and feels it has taken too long to address.  He stated that the noise is constant.  Luce stated that as soon as the wall is designed, it will go up rapidly, but the process of design would be handled internally to meet various codes, assure service and prevent acoustic amplification.  Zeeko stated that moving the transformers to replace the one coming out of service is logistically difficult, because you have to get road permits for transport, and the units are cumbersome and large.  Brent Harold, who is not a direct abutter, stated he has heard this annoying noise for years, and wanted a wooden wall design.  Zeeko stated that as a matter of service capacity, and independent of the sound issue, one transformer will be replaced although it will not bring it into compliance alone; it will require the combination with the sound barrier wall.   

Suzanne Thomas, an abutter, asked about the timeline for replacement and wall construction, and asked if the noisy transformer would go back online in June 2008. Zeeko stated that they are going to proceed as soon as budget and design allows. She asked if they have to wait for warm weather to build the wall and Zeeko stated that would not be necessary.  The wall requires a gate for service vehicle access that needs to be soundproof.  He stated that NSTAR wants to design the noise mitigation right the first time.  Zeeko stated that the design will take place over the next couple of months, and the permitting requires additional time due to the zoning requirements and working with lawyers.  A project schedule will be supplied to the Board.  They follow the National Electric safety codes as well as the placeStateMass. building codes.  There will be a model designed and they will present it to the Board.  John O’Hara asked if there are prototypes already in use and Tat stated he has seen these walls work.  Topography and geography play a role in the solution and every area is unique.  Zeeko stated that the new transformer will be quieter, but it won’t solve the entire the problem, and that is why they are going to build the wall.  Zeeko stated all information will be model validated.

Alex Hay stated that he was impressed with NSTAR responding to this degree to the concerns of abutters in Wellfleet.  The abutters did note that there was a reduction in noise this afternoon, after one transformer was shut off.  Zeeko stated that he will have an engineering schedule available in 2 to 3 weeks.       

III.    Old Business
A letter from Ann Hile was distributed regarding Pond Road.  She is upset about the garden area.  Gardens are not considered habitable space under any codes that the Board enforces .  Her other concerns are lot coverage, which is a zoning issue. Lezli Rowell moved to have the Agent write a letter to Hile, stating the Board is aware of her concerns but they are not relevant to the Board of Health purview.  Agent Greenberg noted that Hile has contacted various state agencies.

Agent Greenberg informed the Board the beams under the foundations are coming out of Danforth’s house.  She stated Town Counsel did not follow up with the courts to file the final orders securing compliance and payment of the fees and town’s legal expenses in pursuing compliance with the Title 5 and local sanitary regualtions .  
        
V.      Licenses - none

VI.      Correspondence – none to report        

VII.     Meeting Minutes

        Lezli Rowell moved to approve the 8/8/07 as amended; seconded by Alex Hay; passed 4-0.
        Ken Granlund moved to approve the 9/12/07 as presented; seconded by John        O’Hara;   passed 3-0-1.

Lezli Rowell moved to adjourn at 8:05 pm; seconded by Ken Granlund; passed 4-0.

Respectfully submitted,

Christine A. Bates
Committee Secretary