Approved
Wellfleet Board of Health
Minutes of Meeting of November 10, 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 Assistant Agent Andrew Petty, and Christine Bates
Chair Willecke opened the meeting at 7:00 pm.~
1. Title V Variances Requests
· Szczebec, 60 Cyprus St., Map 36, Parcel 63: Attorney James Pepe and Mr. Szczebec came before the Board and stated that since the cesspool(s) on the abutter’s property cannot be located, they request that the well variance be granted. Agent Greenberg-Lemos stated she has not received permission to go on abutter’s property and agreed there are no plans on file identifying the cesspools at addressStreet15 Hazel Street. There was discussion with the applicant suggesting the abutter’s cesspool(s) as being in failure and Agent Greenberg-Lemos clarified that the property would have to be sold and/or have new construction on
the property which would trigger a failure determination. Further discussion took place regarding the need to have the site surveyed, identifying the abutters wells and cesspool/septic locations at the applicant’s expense to propose a non-varianced well location, under new construction regulations. Agent Greenberg-Lemos stated it is not the Board of Health’s responsibility to advocate for an applicant or determine where abutter cesspools/septics are located. She read a letter from Michael Lynch, nephew of abutter located at 15 Hazel St. opposing the variance request(s) and informing the Board they will be upgrading their septic system themselves. Discrepancies in the site plans regarding square footage of the parcel and were noted to be a land court issue, and not the Board of Health’s purview. Mr. Szczebec stated he will call the Board of Health office frequently to request notice of the abutter’s upgrade, and requested his variance
application be withdrawn without prejudice. Lezli Rowell moved to accept a withdrawal without prejudice; seconded by Alex Hay; passed 5-0. Alecia Mitchell, abutter, stated she was told the lot was unbuildable and it would change the character of the neighborhood.
· Moe, 70 Ryder Court, Map 14, Parcel 14 – Variance Requests. David Lajoie represented the applicant and stated the septic system already exists and the variance request is for the installation of a new foundation, which will be 10 feet from the leach trenches. Lezli Rowell moved to approve Felco Plan 08099 revised date of 10/14/10 and grant the Felco, Inc. variance requested to serve a five (5) bedroom structure in compliance with the nitrogen loading limitation subject to the following conditions:
a) The well water shall be tested and found potable, with results copied to the Health Department, prior to issuance of the Disposal Works Permit.
b) 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.
· Freidel, 50 Harding Lane, Map 23, Parcel 96 – Variance Requests. Daniel Croteau of Moran Engineering represented the applicant and presented a revised plan identifying four bedrooms. The new septic system will replace two cesspools. He stated the project has been approved by the Conservation Commission. Lezli Rowell moved to approve the Friedel project 10-092 plan revised date 11/08/10 and grant the one variance requested in the September 29, 2010 letter for the upgrade of a septic system to serve a four bedroom structure in compliance with the nitrogen loading limitation subject to the following conditions:
a) Design flow is to be limited to 454 gpd, to serve four bedrooms
b) No increase in habitable area without Board of Health review.
c) The well water 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 Richard Willecke; passed 5-0.
· PJ’s Realty Trust, 2616 State Hwy, Map 23, Parcel 40: septic upgrade. David Lajoie represented the applicant and gave an overview of the variances requested. A letter of support was read into the record from abutter Chet Lay. Lajoie stated there will be 18’ from the catch basin instead of the 7’ noted on the plans. The applicant will hook up to Town Water prior to the spring season. Lezli Rowell moved to approve Felco Plan 03084, revised date 09/30/10, an grant the five variances requested in the Felco letter of 10/12/10 for the upgrade of a septic system to serve a restaurant use with record of 142 seats in
compliance with the nitrogen loading limitation subject to the following conditions:
a) Design flow is to be limited to 5,032 gpd.
b) There is to be no conversion of use without Board of Health review.
c) Any replacement of on-site well connection with Municipal Water supply shall be done under benefit of proper plumbing and electrical permits, and authorization by the Water Commissioners, and in compliance with the Water System rules and regulations.
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.
e) Water meter to be installed in dwelling with readings to be submitted to the Health Department quarterly.
seconded by Alex Hay; passed 5-0.
· Mac’s Shack (Hay), 91 & 95 Commercial St., Map 21/Parcels 129 and 28, variance requests. Alex Hay and Lezli Rowell recused themselves. Chris Wickson from East Cape Engineering represented the applicant. He stated the septic upgrade was previously approved and issues with the public water supply will be eliminated because the applicant is hooking up to town water. The new plan is more efficient and will be further away from resources. Richard Willecke moved to approve East Cape Engineering Plan 8-125, revised date and grant the three variances requested in the letter of 10/27/10 for the upgrade of a septic system to serve
a mixed restaurant, office and retail use in compliance with the nitrogen loading limitation, using Septi-Tech Denitrification Technology under the remedial approval category subject to the following conditions:
a) Design flow is to be limited to 3,602 gpd.
b) A variance has been granted to allow a reduction in the size of the leach area provided to 2,434 gpd. Any functional or hydraulic failure will necessitate upgrade to Title 5 Code LTAR soil absorptions system calculated to at least 75% of the design flow.
c) Any replacement of on-site well connection with Municipal Water Supply shall be done under benefit of proper plumbing and electrical permits, and authorization by the Water Commissioners, and in compliance with the Water System rules and regulations.
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.
e) 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 limit s, 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 I what format is acceptable to those agents. Any other sampling per DEP approval.
Seconded by Ken Granlund; passed 3 – 0 (2 recusals)
2. Business
Discussion on “retro variances”. Agent Greenberg-Lemos stated she feels all variances need to come before the Board, but the applicant does not have to have an engineer make the presentation when the septic system is not being upgraded but the variance is for construction on the dwelling. The Health Agent(s) will make a determination if an engineer has to come to the hearings after reviewing the paperwork.
Manure Compost Regulations. The Board discussed the proposed regulations. There was discussion if the compost could be sold. No food debris will be placed in this compost. Alex Hay moved to approve the additions to the regulations; seconded by Lezli Rowell; passed 5-0.
The Board will hold one meeting per month on the 2nd Wednesday. If necessary, the Board will consider meeting on the 4th Wednesday. Alex Hay moved to approve having one meeting per month on the 2nd Wednesday; seconded by Ken Granlund; passed
5-0. The next meeting will be Dec. 8th, 2010.
3. Licenses – none
IV Minutes Lezli Rowell moved to approve the 9/22/10 meeting minutes as amended; seconded by Richard Willecke; passed 5-0.
Lezli Rowell moved to approve the 10/13/10 meeting minutes as amended; seconded by Alex Hay; passed 5-0.
V. Correspondence
The Board reviewed the letters Agent Greenberg-Lemos had written regarding violations, septic failures, and other Board of Health activity. Agent Greenberg-Lemos reported there are flu vaccines available November 17 at the Senior Ctr. From 12:30 – 2:30 pm.
Richard Willecke moved to adjourn at 8:17 pm; seconded by Alex Hay; passed 5-0.
Respectfully submitted,
Christine Bates, Committee Secretary
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