Wellfleet Board of Health
Minutes of Meeting of January 17, 2008
Senior Center, Long Pond Room, 7:00 p.m.
Present: Chair Richard Willecke, Lezli Rowell, John O’Hara, Agent Hillary Greenberg, Alex Hay, Ken Granlund, Assistant Agent Andrew Petty and Christine Bates, Committee Secretary.
Chair Willecke called the meeting to order at 7:00 pm.
I. Title V Variances Requests
1. Dugan, 95 Rockwell Ave, Map 24, Parcel 159
Lezli Rowell stated she had been party to a previous approval for variance request for this property, and then been recused when discussions took place on this property at previous meetings. Where the circumstances for the recusal are no longer present, the Board had no objection to Rowell hearing the revised variance request. Jason Ellis represented the applicant and stated that they are looking for a variance request similar to the plans previously approved, with a minimal decrease to the setback form the locus well, for a two bedroom dwelling. Rowell moved to approve the variances with a design flow of 228.6 gpd, with same conditions as the last variance; seconded by Richard Willecke; passed 5-0.
II. Business
1. Wellfleet Condominiums Progress Report (275 Kendrick Ave, Map 20, Parcel 32. The Board of Health minutes of dateYear2007Day8Month8August 8, 2007 concerning the board’s affirmation of the Health Agent’s failure of septic inspection report were read into the record. Attorney Jamie Veara, John Schnaible and Nick Kanavos, Chairman of the Condo Association came to the table. Veara stated there is no dispute with the state of the septic system, failing to achieve a minimum of 4’ vertical separation to groundwater. He stated this is in the Zone 1 public water supply for the condos, and he stated that an
upgrade for the property would be a highly varianced and expensive, to comply with the Board’s enforcement order. He reviewed water quality testing of monitoring well locations on the property, of the adjacent harbor and an upgraident freshwater pond, in an effort to demonstrate that the on-site septic as installed with merely 1’ separation to groundwater has is no impact on water quality. He asked the Board to consider monitoring the current system through testing three (3) times per year to determine that there is no resource or health detriment to require the upgrade. If there is an impact on the water, the applicant will come back to the Board with variance requests. The condo association is hoping that the municipal public water supply service will be coming to the area within two to three years. Willecke stated that he has a concern with waiting for contamination to take place before taking any action, or speculating on water
service as a solution to on-site septic failures. Agent Greenberg stated that she would still like to see the system replaced and would like to have an engineered plan ready to install if the board allows for the continued monitoring. Schnaible stated that he tested three different locations and would supply the same parameters in the reports. Rowell stated that while the drinking water standards for nitrate contamination is 10 ppm, the Cape Cod Commission has recommends 5 ppm, noting that one test well is near this value . Schnaible stated this system would not fail under Title 5, but has fail under local regulations. Willecke stated that the nitrate results are close to the threshold now. Rowell stated that the board must work within the present regulations for judging whether the septic fails inspection due to inadequate groundwater separation under current standards, not those of codes since revised several times, and that the board cannot hold off
on enforcement orders to upgrade until future when public water becomes available to the area. Alex Hay is concerned that if the board has designated this a failed system, and doesn’t enforce upgrading, the Board is not following the law or applying the standard other applicants have been held to. Veara stated that the condo association is following the guidelines of DEP in providing sampling reports to review the impact of the system, and they are requesting an extension of the enforcement order to submit upgrade plans and further water quality testing report, to review whether the variances created by an upgrade will outweigh the applicant’s claim of no impact from the current system on the groundwater and local surface water resources. The Board requires that a new plan be submitted, and if approved, the applicant has three years to install a new system. Alex Hay moved to extend the deadline for plan submission; seconded by Lezli Rowell; passed 5-0.
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2. White Knight Treatment – Discussion. This is continued to 02/07/08.
3. Winslow Grullemans – cisterns and water usage. Grullemans gave a presentation to the Board which contained information about reusing rain water for exterior use, interior use, and full house potable drinking water. Benefits of these systems are grabbing water where it exists, using it, and putting it back. It helps reduce runoffs to streams and ponds. It will take the strain off wells and potable water. It saves energy and manpower.
He wondered if it helped the town, could incentives be offered for builders and home owners. A gardening system would cost approximately $1500 up to $10,000. He has made presentations at the State level and to various towns. He is starting a business and is educating people about the reuse of rain water. Richard Willecke stated the Board could not promote his business, but were grateful for his presentation.
4. Captain Higgins discussion. Lezli Rowell informed the Board that Attorney Zehnder is her counsel on a private matter and the Board had no problem with her being a part of the discussion. Dana Heilman and Steve Swain are the leasees of the property with purchase options. Attorney Ben Zehnder represented the current owners. Rowell stated that the original variance approvals were for a 50% leach area capacity reduction, with conditions regarding improvement of plans up to 74% capacity under certain triggers of remodeling that might free up more area in which to install a more compliant soil absorption system. Zehnder stated the number of seats will not be increased and the structure will not be demolished or seriously altered, with no exterior walls are coming down or work adjacent to the planned SAS. Swain gave an overview of the proposed alterations. Agent Greenberg read a letter from East Cape Engineering dated 0/17/08 regarding the parking area, as an amendment
to the previously approved septic plans regarding the engineering of non-impervious surfacing. Petty stated that the parking area will require daily maintenance and monitoring, to protect the function of the SAS, if the area is not paved. Agent Greenberg stated that any plantings would require a Jurisdictional Opinion with the Conservation Commission. Lezli Rowell moved to allow the Health Agent inform the ZBA that he Board of Health reviewed the plans with respect to the conditions of variance approval and has cleard the proposal, seconded by Richard Willecke; passed 5-0.
5. Proposed Draft Regulations.
· Identify inspection criteria with respect to building permits,
· Clarify identification of existing bedrooms,
· To Regulation 603, consider adding 603A, defining a property transfer timeframe,
· Definition of a failed system,
· Definition of a water course, and
· Consider requiring septic upgrades for “leased” properties.
The Board will resume further discussion on the proposed draft regulations at a future meeting and finalize the changes before a public hearing is held.
Waste Water Committee. Chair Willecke stated that he recommended the Board of Health assume the responsibility for this committee. Lezli Rowell feels that when the board gets the results of the estuaries project, the Board of Health will have the framework in which to address wastewater issues. Alex Hay moved to have Chair Willecke and Agent Greenberg go to the Selectmen, to suggest that the Board of Health assume responsibilities for the Comprehensive Waste Water Planning Committee; seconded by Lezli Rowell. Passed 5-0.
III. Licenses Several licenses were signed
IV Minutes
Ken Granlund moved to approve the 10/4/07 meeting minutes; seconded by Richard Willecke; passed 3-0.
Lezli Rowell moved to approve the 12/6/07 meeting minutes as amended; Alex Hay seconded; passed 4-0.
V. Correspondence
Lezli Rowell moved to adjourn at 9:15 pm; seconded by Richard Willecke; passed 5-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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