APPROVED
Wellfleet Board of Health
Minutes of Meeting of September 22, 2010
Senior Center, Conference Room, 7:00 p.m.
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Present: Richard Willecke, Lezli Rowell, John O’Hara, Ken Granlund, Alex Hay, Agent Hillary Greenberg-Lemos, Assistant Agent Andrew Petty, and Christine Bates
Chair Willecke opened the meeting at 7:00 pm.
1. Title V Variances Requests
1. Wyer, 210 Lt. Island, Map 41, Parcel 40. Emily Beebe represented the applicant and gave an overview of the property, stating this is an upgrade to a title 5. The leach pit on the west side of the property will be pumped and filled and a leaching area will be installed in the driveway. She discussed the variance requests. This was approved by the Conservation Commission. Lezli Rowell moved to approve the Emily E. H. Beebe, R.S. LLC plan #2036 dated 08/19/10 for the lupgrade of a septic system to serve a three (3) bedroom dwelling in compliance with the Nitrogen Loading Limitation subject to the following conditions:
a) Design flow is to be limited to 340 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.
Seconded by Ken Granlund, passed 5-0.
2. Whitcomb, 40 Hiller Ave., Map 20, Parcel 66. Emily Beebe represented the applicant and gave an overview of the property, stating this is an upgrade to a failed system. The cess pools need to be pumped and filled. She stated there is wetland on the property. She discussed the variance requests. Lezli Rowell moved to approve Emily E. H. Beebe, RS. LLC plan #2035, revised date of 08/19/10 for the upgrade of a septic system to serve a two (2) bedroom structure, a grandfathered nonconforming dwelling with respect to nitrogen loading subject to the following conditions:
1. Design flow to be limited to 220 gpd to serve two bedrooms.
2. No increase in habitable area without Board of Health review.
3. The well water shall be tested and found potable, with results copied to the Health Department, prior to issuance of the Disposal Works Permit.
4. 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 Alex Hay; passed 5-0. There was discussion regarding the maintenance of the system, and including an informational flyer to educate people.
3. Szczebec, 60 Cypress St., Map 36, Parcel 63. Don Szczebec stated this project was approved locally before the Board of Health in 2007, but was denied by DEP due to the well variance to existing systems in the neighborhood. The request is for a new well utilizing additional ultraviolent treatment potable water disinfection. The plan calls for a one bedroom dwelling, and the Board recommended using an I/A system with sufficent credit to consider and adding an additional bedroom, recognizing the Title 5 minimum flow is assumed to be 220 gpd. Mr. Szczebec gave an overview of the U/V water system. Letters were read into the
record from Michael Lynch and B. Franklin, abutter, objecting to the project based on the size of the lot and the proposed dwelling being one bedroom but questioning if more bedrooms would be added, as well as endangered vegetation on the property. Lincoln Almond, abutter, stated his objection to the project, including the fact that the lot is not 10,000 sq ft and is considered nonbuildable He stated the proposed project would impact several abutters beside himself and the topography would impact parking for him and another abutter.~ He is concerned with the Agent not having authority to enter the house after it is built to check to see how many bedrooms there are. Lezli Rowell stated the plan was identified with the proper square footage and many of the issues raised are zoning issues. Szczebec stated MA Wildlife studied the property and stated there would be no impact with wildlife. Almond stated Szczebec’s well location~will impact
his septic siting when an upgrade is requried. Lezli Rowell stated that the older systems within the neighborhood are not a part of this application, nor properly used to prevent well placement. Szczebec stated he offered to pay for an upgrade from a cesspool to Title 5 of an abutter’s system, to relocate 100' from proposed well , which was refused by the propert owner. Alicia Mitchell, abutter, verbally objected to the project. Lezli Rowell explained I/A technology and that the state permits application under Remedial and other use categories, rating some techologies at 550 gpd or 660 gpd because of the additional treatment, that may allow the additional bedroom. Alex stated that the applicant may have to go before the ZBA. Mr. Peterson, working with Szczebec, stated that the water sampling indicates the nitrogen level is extremely low on the property at this time, and explained U/V technology will enhance the water quality. Almand
stated the property is registered at Barnstable County Reg of Deeds as a one bedroom and questioned if there was a variance to his septic. The engineer stated the measurements from abutters wells~were taken from Emily Beebe’s plans of record. The variance request is for 39 feet from the propsed well to the abutter's cesspool. The Board requested a septic plan be drawn up, copies of the as-builts’ of the abutters, a maintenance plan, the frequency of use of the dwelling, and additional U/V information. Lezli Rowell moved to continue to November 10, 2010; seconded by Alex Hay. Agent Greenberg-Lemos stated she will contact Ms. Franklin to see if she would be willing to accept the offer to upgrade at the expense of the applicant and remove the cesspools on her property.~ The motion passed.
4. Bathing Beach Extension. Agent Greenberg-Lemos stated the variances were granted in 2007 to sample the beaches at the ocean and bay. Richard Willecke moved to grant a variance for the bathing beach sample schedule to be considered Tier 3 beaches; seconded by Ken Granlund; passed 5-0.
As a side, Alex stated there will be a push to get a bathhouse for Mayo Beach at the Annual Town meeting.
2. Business
a. Reynolds, 180 Holbrook Ave, Map 14, Parcel 158: Request postponement of installation of well. David Lajoie stated the applicant wants to install the new septic system, but has not decided to hook up to town water or install the well. Agent Greenberg-Lemos stated she would like a decision by March 31, 2011. Lezli Rowell moved to extend the installation of the well/or hook up to town water to March 31, 2011 with no habitation in the house; seconded by Alex Hay; pass 5-0.
b. Board of Health Regulations and Fee Increases. Chair Willecke stated the Town Administrator asked if the Board of Health can raise any fees. It was suggested there be a fee for picking up manure compost but that further discussions with the DPW need to take place. A public hearing will be scheduled for November 10, 2010 to add composting to Attachment A on Recycling. Agent Greenberg-Lemos stated they could charge $50.00 for real estate inspection.
c. Transfer Station Discussion – Town Administrator Paul Sieloff requires additional time to gather information from Eastham.
Lezli Rowell reported there was a potential lightning strike at the Coles Neck Public Water Supply a couple of months ago, and some consumers have had problems with silt coming into their water. It was recommended the Water Commissioners and White Water inform the Board of Health of any disruptions and difficulties with public water and what the protocols are. Lezli Rowell moved to send a letter to the Water Commission; seconded by Alex Hay; passed 5-0.
3. Licenses - there were no licenses to be signed.
4. Minutes Lezli Rowell moved to approve the the May 26, 2010 meeting minutes as amended; seconded by John O’Hara; passed 3-0-2.
Alex Hay moved to approve the June 23, 2010 meeting minutes as amended; seconded by Ken Granlund; passed 4-0-1.
Ken Granlund moved to approve the July 14, 2010 meeting minutes as amended; seconded by Alex Hay; passed 4-0-1.
5. Correspondence: Agent Greenberg-Lemos reviewed the materials/letters.
Alex Hay reported that the Comprehensive Wastewater Planning Committee is reviewing RFPs for a contractor.
Ken Granlund moved to adjourn at 9:05 pm; seconded by Richard Willecke; passed 5-0.
Respectfully submitted,
Christine Bates, Committee Secretary
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