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Wellfleet Board of Health
Minutes of Meeting of October 14, 2009
Senior Center, Long Pond Room, 7:00 p.m.
Present: Richard Willecke, Lezli Rowell, John O’Hara, Kenneth Granlund, Alex Hay, Agent Hillary Greenberg, Assistant Agent Andrew Petty, and Christine Bates
Chair Willecke called the meeting to order at timeMinute0Hour197:00 pm.
1. Title V Variances Requests
2. Business
a) Fillman/Tesson, 95 Howes Rd., Map 29, Parcel 271, Farm Animal/Stable Permit. Request for amendment to allow ten (10) seasonal swine. Judy Tesson gave an overview of the request for raising swine for family self-reliance and stated there is a manure management plan in place. She stated that there is a vegetative barrier four foot wide, ten feet long, between her property and the abutters, to prevent the pigs from going near the abutter’s property, as well as keep the abutter’s invasive bamboo planting from entering her garden. She identified the locations of the abutter’s wells and the composting area. Chair Willecke stated that the Board would like to see a concrete or heavy plastic impervious base for the manure to be placed on, in protection of the graoundwarer. Tesson stated that the manure is removed from the area while the swine are located there, and then placed in the compost pile, which is available for the public. Agent Greenberg stated that she is concerned
with the drinking water quality of the applicans’ as well as the abutters’ wells. Results of a water test came back at 14.0 mg/L nitrate rate, in excess of the Maximum Contaminant Level (MCL) for the parameter. Chair Willecke state that there is normally a limit in the number of animals on property, and there are three horses currently, where two were permitted. Lezli Rowell stated this is seasonal in nature and the swine are requested to feed the family. Alex Hay stated that there is a lack of information in the manure plan and would like to see it revised, as well as reducing the number of swine on the request. Chris Carson, represented the Weinmans, direct abutters, and read a portion of their letter stating that they would like to see the animals placed farthest away from the property line. Andrew Petty stated that he is concerned with the water quality because they are above the recommended levels, and the land is turning
into a far use, which he doesn’t feel was the original intent with one-half acre property. Chair Willecke asked if they sold any of the meat and Tesson indicated that they do not, but share with family members. Further discussion took place regarding the concern with neighborhood nitrate levels, and Tesson stated that after the ground is frozen, they would go in with a small bobcat and scrape the ground, as well as use wood chips, to mitigate the urine amount. John O’Hara stated that he requires numbers related to the nitrate levels for the area with small parcels and a number of animal permits. Willecke stated that there are too many animals on the half-acre and is concerned what the people in town would think of an approval, especially since the nitrate level is too high. Tesson volunteered to have her water tested every month. Christine Bates, ZBA Committee Secretary, stated they would not be able to get into a ZBA hearing
for an amendment to their Special Permit until December and the Special Permit would not be legal until January.
The letter from the Weinman’s was read into the record expressing their concerns. Letters from abutters Ms. Olem, Mr. Smith and Mr. Willis stated they had no objection to the addition of the swine. Agent Greenberg read a letter from the Animal Control Officer from Dennis in which she stated she does not feel the property is large enough for ten swine, her concern with the manure, the care of the pigs during the winter months, and the pigs escaping from the property. A neighbor in South Wellfleet asked if the abutters will be required to monitor their own well water and questioned what was the responsibility of the Board of Health to notify the abutters to have their water tested, if the swine are approved. Ed Heally stated he is concerned about the care of the animals, the
proper care of the land, and he stated that there was a smell during the winter months with previously raised and unpermitted swine. Agent Greenberg directed Ms. Tesson to come back with a plot plan identifying all the staging areas of the proposed swine application, as well as a better manure and nitrogen management plan. Alex Hay moved to continue; seconded by Lezli Rowell; passed 5-0.
b) Wellfleet Housing Authority, 2082 Rte 6, Map 29, Parcel 129, Water Quality guidance request.
Ken Granlund recused himself. Elaine McIlroy and Elaine LaChappelle represented the Wellfleet Housing Authority and asked the Board to help them find potable water on a lot purchased for affordable housing. She stated the nitrate level is 31 mg/L on the lot, and they have worked with several people to assist them. In response to Rowell’s question of whether the well water had been tested before public funds were used in the purchase, applicant responded that the existing well tested with potable water with a 9 mg/L nitrate level. The Housing Authority sought to relocate the well on the parcel, and deep well investigations in two new locations revealed the high nutrient concentrations. Gabrielle Belfit, Hydrologist from Barnstable County, stated that she attributes the abutting
motel’s leach field may be going onto this property which is affecting the nitrate level. Agent Greenberg questioned if they would consider remaining with the potable, shallower well. The Housing Authority was interested in the 60’+ depth to assure adequate production if applying for the nitrogen credit to permit development in excess of the Nitrogen Loading Limitation, and Rowell explained the calculations from septic system design flow into water withdrawal, and felt that the existing productive well could yield at the applicant’s proposed rate. The Agent noted that there were two leach pits abandoned on the motel property when the Title 5 compliant upgrade took place, and from the audience, owner Ken Granlund stated that the leach pit was pumped and filled. There was discussion with the board recommending reducing the number of bedrooms on the property from six to three to ensure there would be enough water as well as water quality.
Rowell stated that she thinks it is improper to inspect abutter properties’ compliant septic systems based upon well investigations. The Board recommended trying new well depth locations. Mark McKenzie of Coastal Engineering stated that they may pursue having a shallower well with a quarterly monitoring plan, and if the nitrate level reaches a certain level, they would install a point-of-entry water system filtration, in addition to plans to septic with an I/A nitrogen reduction technology. He recommended looking at the vertical well water locations versus the horizontal levels. The property would be used as affordable rental units. Granlund stated in the past 25 years, his property’s well water testing has not had a reading over 9 mg/L for nitrates.
III. Licenses
IV Minutes
The minutes will be reviewed at the next meeting.
V. Correspondence
Agent Greenberg read a letter she wrote to Larry Bankston, owner of the Angry Tomato Restaurant regarding the installation of a new septic which is long overdue. She received a letter from Attorney Zehnder’s office requesting an extension. The Board recommended an enforcement letter be sent after October 21 and have the owner or representative come before the Board.
Alex Hay moved to support the Animal Warrant regarding vicious dogs; seconded by John O’Hara; passed 5-0.
Agent Greenberg obtained Board of Health fee information from other towns and Chair Willecke stated our fees were in line with the rest of the Cape since we changed fees in 2008. Chair Willecke stated he didn’t feel there was any more review required and the Board was in consensus.
Matt Parent requested the Board review a regulation for bay scallop shucking shanties. Alex Hay stated this is a state regulatory issue and involves the inspection of the scallops. Chatham and Nantucket have the facilities. Agent Greenberg stated it would be a local permit and not a state permit for a facility. The Board has taken it into advisement.
Joe Lema has been receiving tickets for the past month regarding his septic installation. Chair Willecke suggested Agent Greenberg send an enforcement letter requesting immediate installation.
Alex moved to adjourn at 9:18 pm; seconded by Lezli Rowell; passed 5-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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