Wellfleet Board of Health
Minutes of Meeting of May 27, 2009
Senior PlaceTypeCenter, Long Pond Room, 7:00 p.m.
Present: Richard Willecke, Lezli Rowell, Alex Hay, John O’Hara, John O’Hara, Agent Hillary Greenberg, Assistant Agent Andrew Petty and Christine Bates, Committee Secretary
Regrets: Kenneth Granlund
Chair Willecke called the meeting to order at 7:00 pm.
1. Title V Variances Requests
a) O’Neil, 200 Briar Lane, Map 13, Parcel 114, Chicken Coop. Rowell recused.
The applicant requested a continuation to the next meeting.
b) Brown, 75 Haywain Way, oil tank replacement. Agent Greenberg stated this property is under agreement for sale, and the new owner wants to use propane. The current owner will be residing in the house until the end of summer, and is requesting a waiver from the regulations regarding replacing the oil tank immediately. With no plans to use oil for winter home heating, Alex Hay moved to approve the waiver; seconded by Richard Willecke; passed 5-0.
c) Drew, 80 Second Ave., Map 40, Parcels 126 and 131, Septic Upgrade.
David Lajoie represented the applicant and gave an overview of the new plan, based on Conservation Commission requirements. The septic system will be located at the present site and the well will be relocated. Lezli Rowell moved to approve Felco Plan 07177 dated 5/26/09 and grant the six variances requested in the letter of 5/27/09, for the upgrade of a septic system to serve a three bedroom structure, a grandfathered nonconforming 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 per 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 Health Department.
4. Design flow is to be limited to 352 gpd, to serve three bedrooms.
5. No increase in habitable area without Board of Health review.
6. 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.
7. 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.
8. 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 years 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.
9. Water meter to be installed in dwelling with readings to be submitted to the Health Department quarterly.
seconded by Alex Hay; passed 4-0.
d) Christo, 62 E. St., Map 40, Parcel 28, Septic Upgrade. Jason Ellis represented the applicant and gave an overview of the project. This was a failed system. Lezli Rowell moved to approve the Jason Ellis for Jane Christo dated 05/07/09 and grant the six (6) variances requested in the J. C. Ellis Design Company, Inc. letter of 5/14/09 for the upgrade of a septic system to serve a three bedroom structure, a grandfathered nonconforming dwelling with respect to the Nitrogen Loading Limitation, subject to the following conditions:
1) Design flow to be limited to 330 gpd, to serve three bedrooms.
2) No increase in habitable area without Board of Health review.
3) There is to be no conversion of use without Board of Health review.
4) 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.
5) 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.
6) Water meter to be installed in dwelling with readings to be submitted to the Health Department quarterly
7) Water tight test of tanks to be witnessed by Health Department.
seconded by Richard Willecke; passed 5-0.
e) Medeiros, 270 Holbrook Ave., Map 14, Parcel 168, Septic Upgrade. Jason Ellis represented the applicant and gave an overview of the project, stating there are 6 bedrooms on the property. Lezli Rowell moved to approve the J. C. Ellis Design Company, Inc. plan for Medeiros dated 05/27/09 and grant the six variances requested in the J. C. Ellis Design Company, Inc. letter of May 14, 2009 for the upgrade of a septic system to serve a six bedroom structure, a grandfathered nonconforming dwelling with respect to the Nitrogen Loading Limitation, subject to the following conditions:
1) Design flow to be limited to 660 gpd, to serve six bedrooms.
2) No increase in habitable area without Board of Health review.
3) There is to be no conversion of use without Board of Health review.
4) 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
5) Any replacement of on-site well connection with Municipal Water Supply shall be done under the 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) Water meter to be installed in dwelling with readings to be submitted to the Health Department quarterly.
seconded by Alex Hay; passed 5-0.
2. Business
DPW – Closure of Transfer on July 4 in 2010. Agent Greenberg stated there will be no personnel at the DPW on July 4, 2009 based on the employee union contract. No representative from DPW came to the meeting. The Board had a concern with the 4th of July being a Saturday and turn-over day. The Board would like to have a representative attend the next meeting to supply numbers of the average 4th of July activity.
Agent Greenberg provided information regarding the number of animals on specific parcels, including 8 horses on one parcel, and several pigs on an adjacent property. Agent Greenberg stated she offered some information on manure management. The number of animals on a parcel is a zoning use issue. The family requesting the pigs has to come before the Board of Health, have a water test, and also go before the ZBA.
Agent Greenberg reported that the Pearl Restaurant has no screening between a serving area and the main building. She advised the management that screening must be installed to keep bugs, etc. from the kitchen area. Management has agreed to install screening and an awning.
The Angry Tomato will be opening May 29, 2009.
There will be no Amnesty Day at the transfer station due to town financial reasons.
III. Licenses
Licenses were signed.
IV Minutes
Lezli Rowell moved to approve the February 5, 2009 meeting minutes as amended; seconded by Alex Hay; passed 4-0.
Lezli Rowell moved to approve the February 25, 2009 meeting minutes as amended; seconded by Ken Granlund; 4-0.
Lezli Rowell moved to approve the March 25, 2009 meeting minutes as amended; seconded by Alex Hay, passed 3-0.
Lezli Rowell moved to approve the April 27, 2009 meeting minutes as amended; seconded by Alex Hay, passed 4-0.
V. Correspondence
Agent Greenberg reviewed the violation letters she mailed to individuals.
She reported NSTAR noise issues have been resolved.
She informed the Board their names have been submitted for the call down drills from Barnstable County. If there is no response from the Health Department phone lines, individuals will be called from the county (alert / practice drills).
There was discussion regarding the recycling commission. Chair Willecke stated if there are any changes at the DPW regarding recycling, the Board of Health must first approve any changes and be responsible for notifying people of those changes.
Alex Hay moved to adjourn at 8:00 pm; seconded by John O’Hara; passed 5-0.
Respectfully submitted,
Christine Bates, Committee Secretary
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