Wellfleet Board of Health
Minutes of Meeting of February 5, 2009
Senior Center, Long Pond Room, 7:00 p.m.
Present: Richard Willecke, Lezli Rowell, Alex Hay, John O’Hara, Assistant Agent Andrew Petty and Christine Bates, Committee Secretary
Regrets: Ken Granlund
Chair Willecke called the meeting to order at 7:00 pm.
1. Title V Variances Requests
1. Colvin, 308 Alden Road, Map 24, Parcel 97, Request for Extension.
Manny Heyliger represented the client and stated there were delays to get the project approved by the ZBA which affected the installation of the septic upgrade. He stated that there will be no work during the summer months so septic installation work cannot begin until September 2009. Work access will be through Alden Road in order to save trees on the property. Petty stated he had concerns about the continued cesspool use and Heyliger stated that the applicant would have the septic pumped if necessary during the summer of 2009. Lezli Rowell moved to grant the extension to October 31, 2009; seconded by John O’Hara; passed 4-0.
2. Gaskie Realty, Inc., 440 Nellie Rd., Map 31, Parcel 601 – Septic Upgrade.
Donald Poole of Outermost Land Survey, Inc. represented the applicant and gave an overview of the project involving the requested eight variances, on a lot of approximately 4700 square feet. The property will be transferred to new owners. Petty stated that the National Seashore requested the property be flagged. The dwelling is used seasonally. Rowell stated that there is not a listed variance request from the local regulation 607, but found the narrative addressed the provisions of the regulating for waiving application. Petty recommended semi-annual water testing. O’Hara stated that he is concerned about nitrogen leakage to the beach which is a sensitive area and recommended an I/A system. Petty stated the only trigger for an I/A system would be the well,
and agreed that the ground water flow is toward the beach. placePoole noted that with the topography, nitrogen transfer would be more vertical. Rowell didn’t feel that the unique situation called for I/A technology. Petty stated that he could go to the neighborhood and look at the tree cuttings O’Hara referenced. Rowell moved to approve Cape Cod Engineering, Inc. plan for 440 Nellie Road dated 11/17/08 and grant the nine variances (including the request to Local Board of Health #607) requested in the letter of 12/05/08 for the upgrade of a septic system to serve a two bedroom structure, a grandfathered nonconforming dwelling (with respect to the Nitrogen Loading Limitation) subject to the following conditions:
Design flow to be limited to 220 gpd, to serve two bedrooms.
A variance has been granted to allow a reduction in the size of the leach area provided to 24.3%. Any functional or hydraulic failure will necessitate upgrade to Title 5 Code LTAR soil absorptions system calculated to at least 75% of the design flow.
No increase in habitable area without Board of Health review.
The new well shall be connected and put in service under the benefit of proper plumbing and electrical permits, and well shall be tested and found potable, with results copied to the Health Department, prior to issuance of the Disposal Works Permit. Two water tests shall be performed annually of the standard parameters in June and September, with a copy supplied to the Health Department; subject to review of the Board of Health in the event
of nitrates in excess of 10 mg/L.
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.
3. Benson, 270 Bayberry Lane, Map 41, Parcel 130 – Septic Upgrade
Alan Cabral of Felco Inc. represented the applicant and gave an overview of the project. The well for parcel 131 was misidentified on the original plan so the septic had to be moved further to the east, which has increased the variance request. He requested a condition be set to verify the abutters well. Petty stated that the project has been approved by the Conservation Commission. Petty stated test holes need to be done. Rowell moved to approve Felco, Inc. plan Number 08125 dated 01/24/09 and grant the three variances requested in the letter of 01/26/09 for the upgrade of a septic system to serve a three bedroom structure, a grandfather nonconforming dwelling (with respect to the Nitrogen Loading Limitation) subject to the following conditions:
Test holes performed with witness by Health Department for verification of soils.
Well location on Parcel 131 to be field verified.
Design flow to be limited to 330 gpd, to serve three bedrooms.
A variance has been granted to allow a reduction in the size of the leach area provided to 23%. Any functional or hydraulic failure will necessitate upgrade to Title 5 Code LTAR soil absorptions system calculated to at least 75% of the design flow.
The new well shall be connected and put in service under the benefit of proper plumbing and electrical permits, and well shall be tested and found potable, with results copied to the Health Department, prior to issuance of the Disposal Works Permit.
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.
4. Tritle, 50 W. Main St., Map 14, Parcel 30, Septic Upgrade. Alan Cabral of Felco Inc represented the applicant and gave an overview of the variances requested. The well will need to be relocated and test holes will be performed. Petty stated that this project has been before the Conservation Commission and will be approved, pending receipt of a DEP number. This is a voluntary upgrade. Rowell moved to approve the Felco plan 08112 dated 1/06/09 and grant the three variances requested in the 1/07/09 for the upgrade of a septic system to serve a five bedroom structure, in compliance with the Nitrogen Loading Limitation
subject to the following conditions:
The new well shall be connected and put in service under the benefit of proper plumbing and electrical permits, and well shall be tested and found potable, with results copied to the Health Department, prior to issuance of the Disposal Works Permit.
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.
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.
5. Glucksman, 165 Commercial St., Map 21, Parcel 118, Septic Upgrade (Cont’d). Attorney Ben Zehnder, Al Cabral and Dan Glucksman gave an overview of the history of the property, stating the project is going to the Conservation Commission regarding the screened porch and the septic system. There were questions if the studio apartment could be used for a habitable living space. The existing dwelling is approved for six bedrooms and in working with the Health Agent, a bedroom was removed from the house and turned into an office area, to match the design flow of recrod. Zehnder stated that the Glucksman’s received a permit
from the Building Inspector to change the shed to a studio.
Rowell stated that when the property came before the Board of Health in the past, a condition was set prohibiting habitable space or any plumbing in the shed. Zehnder stated that the previous variance approvals were never implemented and this is a new application for use of the studio which meets all the regulations and bylaws. Petty stated the bedroom count for the property is approved by the Health Department. Dan Glucksman stated the retail area is zoned for retail space and they want to preserve it, not knowing exactly what they will use it for. Zehnder gave an overview of the floor plan. Glucksman stated the studio is for his mother to pursue her painting. Willecke stated as long as the design flow is proper for the property, he supports the plan.
Zehnder stated that there is a covered porch on the deck, and a revised plan will be submitted to identify it. Rowell moved to approve Felco’s revised plan dated 7/29/08 and grant the four variances requested in the 7/25/08 letter for the upgrade of a septic system to serve a six bedroom and retail structure, a grandfathered nonconforming dwelling (with respect to the Nitrogen Loading Limitation) using Waterloo denitrification technology under the remedial use approval category subject to the following conditions:
A revised plan designating the porch and studio will be provided to the Health Department.
Design flow to be limited to 740 gpd, to serve six bedrooms.
No increase in habitable area without Board of Health review.
There is to be no conversion of use without Board of Health review.
The new well shall be connected and put in service under the benefit of proper plumbing and electrical permits, and well shall be tested and found potable, with results copied to the Health Department, prior to issuance of the Disposal Works Permit.
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.
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.
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. The system is to be equipped with a modem and auto dialer programmed to automatically call the maintenance company if alarm conditions occur. Monitoring shall be quarterly for effluent for the following parameters: temperature, pH, nitrate, ammonia, BOD, TSS, Total Nitrogen and TKN. The influent shall be sampled for these parameters biannually. 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. If sampling data results exceed maximum effluent discharge limits, a
system modification will be required. The Board of Health will evaluate limits that are exceeded twice in a year’s time. 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.
Water meter to be installed in dwelling with readings to be submitted to the Health Department quarterly.
seconded by Alex Hay; passed 3-1.
2. Business
Closure of Transfer Station on July 4, 2009. There was no representative from the DPW at the meeting. It was suggested a representative be asked to attend the next meeting.
III. Licenses
IV Minutes
The 10/23/08 minutes will be reviewed at the next meeting.
Richard Willecke moved to approve the amended 11/6/08 meeting minutes; seconded by Rowell; passed 3-0.
The 12/04/08 meeting minutes will be reviewed at the next meeting.
Agent Greenberg requested the Board of Health meetings be changed to the second and fourth Wednesday of each month to accommodate a schedule conflict. Richard Willecke moved to hold the Board of Health meetings on the 2nd and 4th Wednesdays of each month, with the first meeting on Wednesday, February 25, 2009; Seconded by Lezli Rowell; passed 4-0.
Correspondence
Correspondence will be reviewed at the February 25, 2009 meeting
Richard Willecke moved to adjourn the Board of Health meeting at 7:59 pm; seconded by Alex Hay; passed 4-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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