Wellfleet Board of Health
Minutes of Meeting of March 6, 2008
Senior Center, Long Pond Room, 7:00 p.m.
Present: Chair Richard Willecke, Lezli Rowell, Alex Hay Ken Granlund, Agent Hillary Greenberg, Assistant Agent Andrew Petty and Christine Bates, Committee Secretary
Regrets: John O’Hara
Chair Willecke called the meeting to order at 7:00 pm.
I. Title V Variances Requests
Morton, 25 Vanessa’s Way, Map 29, Parcel 243, Septic Upgrade (Cont’d from 02/21/08). Judy Bersin of Ryder Wilcox represented the applicant. Lezli Rowell read the meeting minutes from the 02/21/08 into the record. The revised plan includes 97’ separation provided between the leach field and the marsh. The leaching area will be reduced by 25% to maintain the optimal marine resource setback, and will be closer to the foundation. A poly-liner will be added as a construction note, to mitigate the foundation setback variance. Lezli Rowell moved to approve Ryder Wilcox Plan 10204 revised 2/25/08,and grant the two variances requested in the letter of 02/05/08 for the upgrade of a
septic system to serve a four bedroom structure subject to the following conditions:
1. Design flow is to be limited to 440 gpd, to serve four bedrooms.
2. Any replacement of on-site well connection with Municipal Water Supply shall be done under benefit of proper plumbing and electrical permits, and authorization by the Water Commissioners, and in compliance with the Water System rules and regulations.
3. 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 Alex Hay; passed 4-0.
Crosen, 370 Ocean View Dr., Map 24, Parcel 56. Emily Beebe represented the applicant requesting variances for an upgrade. She stated that cottage #5 will be removed from the eroding dune. The applicant is requesting that the design credit for one bedroom from cottage #5 be attached to cottage #1, and the other bedroom allocated to cottage #10, on an abutting parcel held in the same ownership. The proposed upgrade includes keeping the system to the west side of the property, furthest from erosion. Cottage #1 will be renovated to have a full foundation under it. Beebe proposes to apply rubber coating to the foundation equivalent to the 40 millimeter barrier thickness which is required to mitigate a foundation setback variance.
Willecke stated he felt uncomfortable with moving bedrooms from one property to another and questioned why the two parcels were not joined in a filing to the planning board. Rowell stated that the submitted plans did not indicate the locations of the separate parcels and all the cottages, and with the site plan now provided, she felt it was complicated to join two lots with a paper road separating them. Beebe stated that there are a total of 10 cottages presently with two bedrooms per cottage, which would become 9 cottages with 20 bedrooms under the proposal for the main property. Beebe stated that she has met with the National Seashore, and Agent Greenberg read the letter from the park, agreeing that the bedroom swap was reasonable; however they protested expansion to cottage #10 because National Seashore property bounds on three sides of the property. Beebe stated that the smaller lot is served by a well on the larger parcel, and is
not under the nitrogen loading limitation. Rowell suggested that the three bedroom proposal for the smaller property could proceed as a by-right expansion where it is not held to the nitrogen loading limitation, and that the use of the larger lot is grandfathered up to 20 bedrooms. Agent Greenberg requested a master plan identifying the number of cottages and bedrooms for each, and the location of the well. Lezli Rowell moved to continue to 3/20/08; seconded by Richard Willecke; passed 4-0.
Drew, 80 Second Ave, Map 40, Parcel 126. David Lajoie represented the applicant and gave an overview of a new septic system required for a renovation to the current dwelling. An alternative Waterloo Biofilter system is proposed. Abutter PersonNameBilledou questioned if this was going to affect his well which is located approximately 70 feet from the system and was assured by the engineer that his well would be better off with a higher level of treatment which the proposal would provide. The Board noted that the abutter’s well is upgradient from the proposed septic upgrade location . Agent Greenberg stated that this system has been in failure for several years, and her office is looking for a prompt installation. Lezli Rowell
moved to approve Felco Plan 07177 dated 01/02/08 and grant the three variances requested in the letter of 02/21/08 for the upgrade of a septic system to serve a three bedroom structure, a grandfathered, non-conforming dwelling (with respect to the Nitrogen Loading Limitation) using Waterloo Biofilter denitrification technology under the General Use approval category subject to the following conditions:
1. Due to outstanding enforcement orders, no occupancy of dwelling until septic installation; Board of Health variance approval limited to one year.
2. Building Permit contingent upon Construction of Disposal Works Permit.
3. No Certificate of Occupancy until septic installed and signed off by the Health Department.
4. Design flow is to be limited to 352 gpd to serve three bedrooms.
5. Any replacement of on-site well connection with Municipal Water Supply shall be done under benefit of proper plumbing and electrical permits, and authorization by the Water Commissioners, and in compliance with the Water System rules and regulations.
6. 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.
7. A copy of a three 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 two years and one 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 4-0.
Longo, 48 Nauhaught Bluffs Rd., Map 21, Parcel 16. Septic system upgrade. David Lajoie represented the applicant and gave an overview of the requested variances. There is currently a single cesspool and the owner wants to transfer the property to their son. Martha Carol, from the audience, questioned what to do when a septic system is close to a well and Agent Greenberg informed her that the Board of Health requires an alternative system be installed. Lezli Rowell moved to approve Felco plan 07159 dated 02/08/08 and grant the 11 variances requested in the letter of 02/21/08 for the upgrade of a septic system to serve a two bedroom structure, a grandfathered, non-conforming dwelling (with respect to the Nitrogen Loading
Limitation) using FAST denitrification technology under the General Use approval category subject to the following conditions:
1. Design flow is to be limited to 220 gpd, to serve two bedrooms.
2. No increase in habitable area without Board of Health review.
3. The well water shall be tested yearly and found potable, with results copied to the Health Department, prior to issuance of the Disposal Works Permit. In the event of non-potable water results, relocation may be considered.
4. 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.
5. A copy of a three 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 two years and one 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 Alex Hay; passed 4-0.
II. Business
Bezio, 135 Marven Way, Map 21, Parcel 25, horse stable. The Bezio’s gave an overview of their proposal, stating they have 6 acres, of which 1.4 are on upland. The stable and corral are downhill from their well. Agent Greenberg stated she had made a site visit and noted abutter Durkee’s well is 100’ from the stable; however, the edge of the corral is five (5) feet from the property line. She wondered if the applicant could address preventing this proximity from becoming a nuisance to the neighbors, and Rowell noted that the Board does not regulate horse setbacks.. In reviewing the siting of the proposed barn, Agent Greenberg noted that the left edge is 23’ and the right edge is 26’ feet from the
property line. Greenberg asked if a horse could fall into the leach pit and suggested that h-20 rated covers would be necessary to protect the animals. Andrew Petty stated the abutter’s well is less than 100 from the fencing. There was discussion regarding where Ms. Bezio would ride and she stated she would cross Rte 6 and ride in the park and power line routes used by other riders. The following abutters and neighbors expressed objection to the proposal: Durkee, Dunau, Gallivan, and Carrol, with letters of objection from Walker, Rea, and Dunau. The main concerns included manure issues, water issues, health issues, environmental issues, nuisance issues, and the ACEC . Durkee stated he would want the corral to be 50 feet from his property. Rowell recommended a vegetation plan to hide the corral at the property line. She noted that the history of the neighborhood includes the development of the first
objectionable ‘trophy house and felt it would be nice to see a return to Wellfleet’s more traditional, rural roots, as supported in the Board of Health local regulations. She suggested that the applicant seek professional assistance developing site plans. Karen Cooper spoke in objection to the potential noise of the horses, manure issues, no way to cross Rte 6 with horses, and the potential for the horse to get loose in the neighborhood. Agent Greenberg recommended a site visit after a revised plan is provided. Richard Willecke moved to continue to April 3, 2008; seconded by Lezli Rowell. An abutter questioned whether the town would be liable if their private well water tested badly. The move to continue passed 4-0.
Discussion:
Bookstore Restaurant, continued from February 21, 2008, Enforcement Orders: Emily Beebe stated that the Bookstore hired an engineering firm to provide septic upgrade plans and they will be ready for the next meeting. She stated that a survey plan had been completed. Agent Greenberg stated that Brian Dudley of DEP advised her that the White Knight system would not get approval from the State for application in commercial use, with design flows greater than 2000 gpd, if promptly accepted into a testing program, for over 60 days. Greenberg expressed concern that with the Bookstore not having an upgrade with the summer season coming up. Willecke expressed concern with over any suggested two month delay for approval to use a technology from DEP, along with the time for installation. Rowell stated that the applicant has to work with what technologies are available now and not wait for White Knight. Agent Greenberg stated that she did an inspection and the seating is still an
issue; Mrs. Parlante did not remove the unpermitted chairs. Richard Willeckle moved to continue to March 20, 2008, for the Bookstore Restaurant to provide draft upgrade plans at that meeting, final plans for the following meeting and construction required to start on the approved upgrade within four weeks; with completion date to be determined upon approval of the plans, and business license to be withheld until completion. Failure to comply will result in closure of the restaurant and may result in court order enforcement. Rowell seconded. After further discussion, Willecke moved to revise the four (4) week construction deadline, with construction date to be determined with approval of the upgrade plans. Beebe expressed concern with time limits. She stated that she can have preliminary plans in two weeks. Agent Greenberg stated the Board is very frustrated the Parlante’s not having responded to the Board’s
Enforcement Orders and granting of an extension for six (6) months to come in with a plan. Rowell stated that the Board has to enforce the regulations and there has to be deadlines, where guided compliance has not resulted in a good faith effort. Discussion took place regarding Willecke’s motion, and Alex Hay recommended a preliminary plan in 2 weeks with a final plan in four (4) weeks. Willecke moved to continue to March 20, 2008 for the applicant to provide a preliminary plan at that meeting, to have fully engineered plans prepare four (4) weeks; with completion of construction date to be determined at the approval of the septic plans; that the business license will be withheld until completion of construction, and any failure to comply will result in a Board of Health closure of the restaurant and may result in court order enforcement; seconded by Lezli Rowell; passed 4-0. Alex disclosed Emily Beebe is doing sanitary work for him.
Discussion on Regulations:
Willecke stated he had read the minutes and the proposed regulations. Rowell gave an overview of the proposed changes to language, clarifying existing regulations. Agent Greenberg advised the Board the massage regulations may be deleted because those licenses are now handled by the State. A discussion took place regarding other forms of services such as reiki, etc. Other towns are not licensing those types of practitioners. The Board determined not to regulate licenses covered by state practices.
Agent Greenberg stated that there will be an increase in fees. She questioned whether some regulation could be proposed requiring upgrades on commercial properties still served by cesspools, since some restaurants are being leased or rented and the upgrade is not triggered. Lezli Rowell asked if any other towns have been dealing with this issue and may have template language, and if not, whether Wellfleet be the pioneer on this issue. The Board will review this at a later date.
III. Licenses
IV Minutes
Lezli Rowell moved to approve the 02/07/08 as amended, seconded by Alex Hay; passed 3-0-1.
V. Correspondence
Agent Greenberg stated she and Petty have been going to many site visits. They have been visiting a trailer village regarding suspected violations and who (Board of Health or Fire Captains) enforces housing code violations of the State Sanitary Code. Greenberg will forward the housing inspection list to the Chief of Police.
Copies of letters from Agent Greenberg to various residents in Wellfleet citing violations.
Greenberg stated she will make periodic visits to the former Eric’s Seafood restaurant which has been sold. She stated that the new owners are not aware of where their well is located and that two cesspools are sunken. The new owners have never run a restaurant and don’t appear to have any knowledge of the food handling and sanitation requirements.
Christopher Costa of Omni Environmental, located in Falmouth, requested time to discuss waste water management issues. Omni is working to get Federal grant money to help small towns with their waste water management plans. Omni would provide the plan for the town, though open bid process, as a consultant. Agent Greenberg stated that the Estuary Project results need to be completed before moving forward with the waste water management committee. Agent Greenberg recommended discussing the marina area with Omni and asked Costa to contact her for a meeting.
Willecke moved to adjourn at 9:34 pm; seconded by Ken Granlund; passed 4-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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