fWellfleet Board of Health
Minutes of Meeting of December 9, 2009
Senior Center, Long Pond Room, 7:00 p.m.
Present: Richard Willecke, Lezli Rowell, John O’Hara, Alex Hay, John O’Hara, Assistant Agent Andrew Petty, and Christine Bates
Regrets: Kenneth Granlund
Chair Willecke called the meeting to order at 7:00 pm.
1. Title V Variances Requests
a)Sawtelle, Map 36, Parcel 177, 90 Wixom Ave, variance requests
Jason Ellis represented the applicant and gave an overview of the project. He stated that attempts to get~potable water with a new well located 100’ from the septic by requesting siting on an abutting property was not possible. Ellis stated that the new owners do not want to have an alternative dentirifying system due to maintenance. The Board held that local regulation 607 requires denitrification to protect drinking water and marine resources has been evenly applied to similar applications and that the criteria for seeking variance from the provision had not been met. There was a consensus that the plan requires an I/A system Lezli Rowell moved to continue to January 14, 2010 to allow Jason Ellis to come back with revised plans; seconded by Alex Hay; passed 4-0.
b)Scott, Map 28, Parcel 46, 42 Indian Neck Road, variance requests. Laura Schofield represented the applicant and gave an overview of the project. The property is being transferred to new owners and they are asking for relief from the alternative system requirement, as the identified cesspool is deemed failed. She stated that the abutting owners may be willing to move their well in order to meet setback requirements, and stated the dwelling is seasonal. The Board noted that the regulations don't provide for different treatment of seasonal use and they could not enforce that the house would not become year round. The consensus was that an I/A system is required under the local regulation. Lezli Rowell moved to continue to January 14, 2010; seconded by Alex Hay;
passed 4-0.
2. Business
a) Lema (Wellfleet Market), Map 14, Parcel 181, 295 Main Street.~ Tim Brady represented the owners and stated he has been monitoring the septic system weekly and pumping is done when necessary. He stated that an approval and conditions for a new septic system were granted in 2006, but the Construction of Disposal Works permit was never pulled. He stated that the current owner and the renter are negotiating a sales agreement. Brady requested an extension to install the upgraded system in May of 2010, noting that the Order of Conditions from the Conservation Commission is only valid until Jan 2010 and he is seeking an extension from that board as well. Brady stated that the system is being operated like a tight tank with his management, and is performing without
risk. Willecke stated that the owner has been on notice of the failure since 2006, after reviewing the file and various enforcement letters. Petty agreed that there is not an immediate health threat due to the pumping plan but noted the Department would prefer a firm deadline for installation to continued enforcement. Brady stated that they may consider requesting hook-up to Town water which could eliminate the well variance and need for an alternative treatment system, but that would be in the future. The Board noted the need to move with any revised plans quickly but not speculatively, and indicated that they would like to see a legal document stating that the owner will hook up for Town water to discuss possible revised conditions on the project. Lezli Rowell moved to approve an extension to April 15, 2010 for installation of a new system; seconded by John O’Hare; passed 4-0.~ Alex Hay stated the applicant needs to get in touch with the water
commissioners.
The Boy Scouts have requested having a redemption center at the DPW. Alex Hay moved to approve the redemption center; seconded by Lezli Rowell; passed 4-0. There are conditions set by the Boy Scouts.
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III. Licenses~~ numerous licenses were signed.
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IV Minutes
Lezli Rowell moved to approve the 5/27/09 meeting minutes as amended; seconded by Alex Hay; passed 4-0.
Lezli Rowell moved to approve the 6/24/09 meeting minutes as amended; seconded by John O’Hara; passed 3-0.
Alex Hay moved to approve the 10/14/09 meeting minutes as amended; seconded by John O’Hara; passed 3-0.
Alex Hay moved to approve the 10/28/09 meeting minutes as amended; seconded by John O’Hara; passed 3-0.
Alex Hay moved to approve the 11/14/09 meeting minutes as amended; seconded by John O’Hara; passed 4-0.
V.~~~~~~~~Correspondence~~~~~~~~
Andrew Petty distributed State Ethics Board information which must be completed by each member of the Board. He stated there will be training in March 2010 if anyone requires additional assistance.
An H1N1 educational session will be held December 17, 2:4:00 at the Chatham Community Center.
Petty distributed I/A monitoring results.
Willecke announced the Board will hold a public hearing for non-resident Swap Shop Permits on January 13, 2010.
There was discussion regarding encouraging people to sign up for the Town water. Petty stated that the State is coming down hard on PWS operators for public water safety and monitoring compliance. There was discussion regarding local BOH regulation~requiring PWS's in the expanded municipal water service area to hook-up, or at least holding in reserve daily withdrawal allotments needed to serve those consumers, particularly restaurants. Rowell requested Health Department information such as the "growth neutral" regulations used in Chatham in conjunction with adding wastewater, to consider protection of Nitrogen Loading Limitation and grandfathered design flows where properties may become eligible for~some expansion with water hook-ups, noting the community's concerns.
Lezli Rowell motioned to adjourn at 8:25 pm; seconded by John O’Hara; passed 4-0.
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Respectfully submitted,
Christine A. Bates
Committee Secretary
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