Wellfleet Board of Health
Minutes of Meeting of March 25, 2009
Senior Center, Long Pond Room, 7:00 p.m.
Present: Lezli Rowell, Alex Hay, John O’Hara, Ken Granlund, Assistant Agent Andrew Petty and Christine Bates, Committee Secretary
Regrets: Chair Richard Willecke
Vice Chair Rowell
Chair calledcalled the meeting to order at 7:04 pm.
1. Title V Variance Requests.
Cristo, 62 E Street, Map 40, Parcel 28, Appeal to Health Agent Decision. Jason Ellis represented the applicant. Agent Greenberg stated that there is 0.33 feet from the bottom of leaching facility to the ground water which is why it failed. Ellis stated there is no design plan in the file since it was built in the early 1970’s. It was designed under Article 11, consisting of a 750 gallon septic tank, a distribution box and leach field. Jason found the bottom of the leach field at 1.93 above ground water so there is a separation of .33 feet above ground water after applying the adjustment calculation. He stated that the leach field and tank are in good shape. Rowell stated that the system was installed under a code that has been updated numerous times since, and
that the current Title 5 calls for the septic tank should be a minimum of 1500 gallons for acceptable retention time, and that the board only recognizes back to the 4’ to groundwater separation requirement of a prior code upon inspection. She stated that the old codes are not acceptable now. Ellis stated that the house is for sale and there is no imminent failure or risk to public health. This was a voluntary inspection and would typically have two years for future installation. PersonNameAlex Hay moved to uphold the Health Agent’s determination that this system has failed; seconded by Lezli Rowell; passed 4-0. There was discussion between the Board and Ellis regarding the cost of an upgrade, the timeline for installation, and the issue if the property does not sell. Alex Hay moved to grant the applicant two years to install the system; seconded by John O’Hara; passed 4-0.
II. Licenses
Licenses were signed by the Board
III Minutes
Minutes will be deferred until the next meeting.
IV Correspondence
Members of the Board signed a letter stating the Board of Health would like to be a part of the program for emergency vaccines, etc. for the Medical Research Corp.
A copy of a letter from Agent Greenberg to the Town Administrator regarding the VOC issues at the DPW building was read into the record.
V. 40B Comprehensive Review: 170 Pond Avenue, Map 29/Parcel 382
The plans with a fully compliant, I/A dentrification septic system were presented for review and comment by the Board of Health before submittal to the Zoning Board of Appeals, for the three one-bedroom condominiums, pro forma, as there are no variances requested. A member of the audience stated that she had concerns with health issues because there will be three bedrooms and the units are within the ACEC area. Rowell explained how I/A systems are tested and approved under programs in the state DEP, allowing for Nitrogen Credit to be applied, and called for under local regulations for certain triggers or to comply with the Nitrogen Loading Limitations in other applications. Agent Greenberg stated that her office would apply conditions regarding the sampling of water. Rowell emphasized the
Board looks at the number of bedrooms, not the number of bathrooms, kitchens, etc, in response to an abutters’ questions about fixtures. Barbara Gray noted that she had to recuse from commenting on the project before the Planning Board, and was told by the Health Department this would be a “by right” permit, and wanted to go on record to stating she opposes the project, stating this lot is too small, will cause pollution to the site as well as to the cove. Gray asked the Board to find some way to look at the proposal and find that it was not a compliant application. She questioned if the neighborhood could appeal the septic permit and Rowell stated any appeal would have to be a civil matter and go to court. Members of the audience stated there were earlier attempts by the owners to build on this lot which was not allowed and questioned how could it be built on now. 40B as a zoning mechanism was explained to them, and their concern that the
townhouses cannot be merged into one unit due to deed recording was also detailed. Barbara Gray stated she and the neighbors are looking for the Agent and the Board’s assistance to find a way not to approve a septic system for this lot under the circumstances. Agent Greenberg stated that she understands her frustration but this Board is not in the position to subjectively deny the septic plan because it meets all the bylaws and regulations, and she stated that the higher nitrogen reduction standards will be met.
Lezli Rowell stated the draft minutes be shared with the ZBA at their April 9, 2009 meeting. Lezli Rowell moved to support the proposal as presented; seconded by Alex Hay; vote 3- with 1 abstaining.
VI. Misc.
Agent Greenberg reported the wood recycling program has started and if it has been successful to date. She requested the members spread the word and emphasize it is for untreated burnable wood.
Agent Greenberg stated she had heard that the Town Administrator and the Board of Selectmen are considering stopping Amnesty Day. She stated she wanted the Board to support having the Amnesty Day. She has responded to the Town Administrator and Mark Vincent that this is an important service to the Town.
There was discussion regarding a composting bath house at Mayo Beach which was approved 4 to 5 years ago and if there is still funding available.
VII Warrants:
LL: Lezli Rowell moved to recommend passage of Warrant LL; seconded by PersonNameAlex Hay; passed 4-0.
LLA: There was discussion regarding the Animal Control Bylaws. Agent Greenberg requested the Board review the warrant and possibly condense it prior to Town Meeting.
Lezli Rowell moved the Board of Health not recommend the warrant as presented; seconded by Alex Hay; (too many regulations and too in depth) 4-0.
Rowell moved to adjourn the Board of Health meeting at 8:30 pm; seconded by Alex Hay; passed 4-0.
Respectfully submitted,
Christine Bates, Committee Secretary
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