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Wellfleet Board of Health
Minutes of Meeting of December 6, 2007
Senior Center, Long Pond Room, 7:00 p.m.
Present: Chair Richard Willecke, Lezli Rowell, John O’Hara, Agent Hillary Greenberg, Alex Hay, Assistant Agent Andrew Petty and Christine Bates, Committee Secretary
Regrets: Ken Granlund
Chair Willecke called the meeting to order at 7:00 pm.
I. Variance
No variances.
II. Business
1. Williams, The Juice, 6 Commercial St., Map 15, Parcel 92 – discussion. Agent Greenberg stated that the Board’s enforcement orders required plans for a septic upgrade. DEP has expressed opposition to an on-site subsurface disposal system, and has approved a tight tank for this location. Chad Williams asked if he could use the old leaching area rather than upgrade, and noted the cost of pumping from a tight tank. Agent Greenberg stated that an option may be to use composting toilets and a gray water system, requiring new fixtures in the restaurant, to reduce the flow to the tight tank. There is no
commitment regarding Town water becoming available to the area. Rowell stated that under the Board’s enforcement order, Williams needs to have an engineered septic plan, but given the state’s posture. Mr. Williams should be left with the option to retain use of the tight tank system. Agent Greenberg suggested having Brian Dudley from DEP come to her office to have a discussion with Chad. The setbacks from public and private wells in the area are the problem with installing a new septic system. The Board suggested implementing water conservation techniques. Rowell moved to amend the April 12, 2007 temporary approval for a tight tank at 6 Commercial St. to serve the Juice to be extended through December 31, 2008; seconded by Alex Hay; passed 4-0. Lezli Rowell moved to amend the motion to include striking Condition D from the previous variance granting temporary approval to use the tight tank, which required new septic upgrade plans be
presented to the Health Department within 60 days as a condition of the business license; seconded by Alex Hay; passed 4-0. Alex suggested researching the neighboring well locations to consider whether any might be removed in the future. Agent Greenberg will contact Brian Dudley for a meeting.
2. Glaze, 625 Old Wharf Rd., Map 35, Parcel 14. Agent Greenberg stated that in April 2005, the Glaze’s applied for a septic inspection due to application for a building permit. The inspection failed. The cesspool was less than 50’ from the marine resource and the depth to groundwater from bottom of SAS is 6”. Agent Greenberg stated that an upgrade needed to be installed within a 6 months timeframe from April 2005. After having conversations with Mr. Glaze, Greenberg advised him she would allow a two year timeframe if plans were supplied to the Health office. The plans were never submitted.
In July 2007 an enforcement order was issued. Mr. Glaze stated that the cost of an I/A system is very high, and Greenberg suggested an alternative is use of a tight tank. Mr. Glaze stated that a new design in 2005 was going to cost too much and was not conducive to the design of the house, despite performing his building permit renovations. He is interested in the installation of the Presby system, but it has not been approved for Remedial Use for denitrification by MA DEP. He requested that the Board allow him to delay an upgrade until June 2009, when he thinks such an approval from the state may be forthcoming, to allow him to install the Presby system.
The Board stated that there was no way to guarantee that the system would be approved in MA, and he has to use technologies permitted and available now. Rowell is concerned with the length of time that the existing, failed system has been under enforcement for an upgrade, and delaying any further for speculative technology. She did not feel that any new I/A approval to come first under the standards of Provisional Use were desirable, where an applicant must still supply a back-up design plan to install in the event that the new technology fails to meet performance standards. She noted the Board’s obligation to require timely upgrades of failing septic system, in protection of the environment and the public health, and to uphold the MA Title 5 regulations. Glaze was
informed that the local regulations are stricter than the State regulations, in requiring denitrification within the 100’ setbacks of marine resources and water supply wells. Glaze stated that he saw no evidence of any problems at his house from his septic, but the Board noted that failure exists where the separations preventing contaminated to the marsh and wells are not maintained. Greenberg suggested getting plans as soon as possible and required that the system be installed prior to occupation. Richard Willecke moved to uphold the Health Agent’s enforcement orders and requirements, including have engineering plans submitted to the Agent by April 15, 2008, and installation take place prior to occupancy in June 2008; seconded by Lezli Rowell. Motion passed 4-0.
III. Licenses
IV. Correspondence
Several copies of Agent Greenberg’s correspondence, brochures, flyers.
V. Meeting Minutes
Lezli Rowell moved to approve the 10/18/07 as presented; seconded by Alex Hay; passed 3-0.
Agent Report:
Nitrate levels have been steady for the past 20 years, according an analysis done by the Barnstable County data base. Barnstable County informed Agent Greenberg that they have resources available for a project in Wellfleet, and Greenberg stated that after the Estuary project is complete, the Board can approach them.
There was discussion regarding the Haz-Mat spill with the downed power line on Gull Pond Road.
New Business: It was decided that the Board of Health meetings will continue to be the 1st and 3rd Thursday of each month. Richard Willecke requested that members pick up their packets timely.
Alex Hay motioned to adjourn at 8:30 pm; seconded by Richard Willecke; passed 4-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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