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Board of Health Minutes 07/14/10
Wellfleet Board of Health
Minutes of Meeting of July 14, 2010
Senior Center, Long Pond Room, 7:00 p.m.

Present:   Richard Willecke, John O’Hara, Ken Granlund, Alex Hay, Agent Hillary Greenberg-Lemos, Assistant Agent Andrew Petty, and Christine Bates
Regrets:   Lezli Rowell
Chair Willecke opened the meeting at 7:04 pm.

1.      Title V Variances Requests

Laschever, 6 Pleasant Point Rd., Map 35, Parcel 105, Variance requests.  David Bennett represented the applicant.  He stated he had a discussion with Brian Dudley of DEP who recommended additional revisions to the plan due to a typographical error in the calculations of feet vs inches.  New plans were distributed identifying the dimensional requirements.  Bennett gave an overview of the changes to the variance and the Board elected to treat this as a new application.  Richard Willecke moved to approve Bennett Environmental Associates, Inc. Plan BEA10-10187 revised date of 7/13/10 and grant three variances for the upgrade of a septic system to serve a three bedroom structure using denitrification technology under the remedial use subject to the following conditions:
a)      Design flow to be limited to 330 gpd, to serve three bedrooms.
b)      The well water shall be tested and found potable, with results copied to the Health Department, prior to issuance of the Disposal Works Permit.
c)      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.
d)      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 two (2) years of operation, semi-annually for the next two (2) years, and one (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 Countyi Department of Health and the Environment, with data provided in what format is acceptable to those agents.  Any other            sampling per DEP approval.
seconded by John O’Hara; passed 3-0.  David Bennett stated he has addressed the noise issue with the abutter and will make necessary arrangements.  Paperwork:  variance letter and revised site plan.

Collins, 68 Village Lane, Map 47, Parcel 4, Variance requests.  Jason Ellis represented the applicant and gave an overview of the project, which is a voluntary upgrade due to failure.  The request is to relocate the well and install a new 1500 gallon septic tank, as well as new leach area.   Richard Willecke moved to approve J. C. Ellis’ plan dated June 25, 2010 and grant the four variances requested in the letter of 07/1/10 for the upgrade of a septic system to serve a three bedroom structure subject to the following conditions:
a)      Design flow top be limited to 330 gpd, to serve three bedrooms.
b)      The well water shall be tested and found potable, with results copied to the Health Department, prior to issuance of the Disposal Works Permit.
c)      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.
d)      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 Ken Granlund; passed 3-0.  Paperwork:  Variance letter and site plan.

1.      Business
Mellor – 2160 Old Kings Hwy, Map 16, Parcel 75, Stable.  Betsy Mellor is applying for a renewal of a permit issued in 2006 for Ms. Rhodes, the property owner.  She stated the stable has been there since the 1970’s and the fencing around the stable has been reinforced and the manure management plan is satisfactory.  The permit has never come before the Board of Health due to record keeping.  A letter was read from Susan Graham supporting the stable.  Abutter Joe Wanco stated his well is close to where the horses are kept, the urine is never collected, and there is a smell from the manure.  He would like to see the horses pushed back away from his property, and he feels an electric fence is inappropriate.  There are no records in the office of a stable before 2006.  Joe Rhodes, son of the property owner, stated the original fence was there at the same time the abutter homes were built in approximately 1978.  He is also an abutter and has no issues with smell.  Based on the water flow, any runoff would not go towards Wanco’s property.  It was recommended the fencing closest to the Wanco’s be reconfigured away from his property.  The permit will be year round.  Barbara Austin, keeper of the horses, stated she is on the property twice daily, the manure is picked up daily, used as compost throughout the town, and the electrical fencing is kept inside the old fencing.    Abutter Sally Branch stated her well water has tested fine.  Willecke stated there are no regulations with banning electrical fences, the manure management plan is satisfactory, and by moving the fence, it will help the abutter.  It was recommended the abutter have his water tested.     Richard Willecke moved to approve the permit conditioned on the adjustment of the fence and a satisfactory water test of the Wanco’s well; seconded by Alex Hay; passed 4-0.    

Nomination of Chair, Vice Chair   Alex Hay nominated Richard Willecke as Chair; passed 4-0.  Ken Granlund nominated Lezli Rowell as Vice Chair; seconded by John O’Hara; passed 4-0.

There will be no meeting the 3rd week in July.  The August meetings will be on an “as needed basis”.
III.    Licenses

IV      Minutes

V.      Correspondence  

Agent’s report:
Water tank:  an abutter complained about the sand blasting of the water tank.  She stated her house was covered with coal slag and she reported  having problems breathing.  Environmental Partners were to take care of it, which they didn’t.  DEP called Greenberg-Lemos and she wrote a letter stating the sand blasting had to stop.  A letter was sent to the Water Commissioners, as well as many other agencies.  Work has been stopped.   

South Wellfleet General Store:  the septic is in failure and Felco Inc. is working on it.
Alex Hay reported he had a discussion with DEP regarding the Waste Water Comprehensive Planning Committee and that they have not received raw data from the water sampling which has been on-going for several years.  He informed DEP they will be working with restaurants, etc.    

Chair Willecke moved to adjourn at 8:02 pm; seconded by Alex Hay; passed 4-0.
Respectfully submitted,
Christine Bates, Committee Secretary