Approved
Wellfleet Board of Health
Minutes of Meeting of April 13, 2011
Senior Center, 7:00 p.m.
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Present:~ Richard Willeke, Lezli Rowell, John O’Hara, Alex Hay, Agent Hillary Greenberg-Lemos, Assistant Agent Andrew Petty, and Christine Bates
Regrets: Ken Granlund
Chair Willecke opened the meeting at 7:00 pm.
1. Title V Variances Requests
1) Flying Fish, 29 Briar Lane, Map 14, Parcel 28. Chris Wickson represented the applicant and gave an overview of the project. There are two leach areas that are failed and the remedial trial has not been working well. The leach fields will be upgraded and will have a 50% reduction in size as permitted under I/A remedial design credit. Wickson gave an overview of the requested variances and explained why the grading and site issues that would complicate attempting to maintain 5’ vertical separation from ground water. The plan will have to go to DEP for approval to also use the groundwater separation design
credit. Agent Greenberg-Lemos stated that if the installation could not be completed before the end of summer, she recommended a pumping schedule be set up as a condition. Lezli Rowell moved to approve the Flying Fish Café Sanitary Subsurface Sewage Disposal System dated March 28, 2011 and grant the six variances requested in the East Cape Engineering, Inc. letter dated March 28, 2011 for the upgrade of a septic system to serve a two bedroom residential and restaurant use structure, a grandfathered, nonconforming building with respect to the Nitrogen Loading Limitation, for I/A technology using Singulair denitrification technology under the Remedial Use approval category, with the following conditions; seconded by Alex Hay; passed 4-0.:
a) Design flow to be limited to 1,200 gpd to serve two bedrooms and 28 restaurant seats
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 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 limits, a system modification will be required. The Board of Health will evaluate limits that are exceeded twice in a year’s 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 in what format is acceptable
to those agents. Any other sampling per DEP approval.
f) Prior to installation, the restaurant is required to submit a monitoring plan for the purpose of planning a pumping schedule.
2) Thibodeaux and Perry, 109 Chequessett Neck Rd., Map 14, Parcel 142. Chair Willecke stated he had read the meeting minutes from the March meeting and has discussed the requirements for the property. Emily Beebe represented the applicant and gave an overview of the variance requests, stating that the applicant will hook up to Town water and a new foundation will be constructed. Lezli Rowell moved to approve the Site Plan and Proposed Sewage Disposal System for Charles Thibodeaux and Candace Perry dated March 16, 2011 and approve the three variances requested in the Emily E. H. Beebe, RS, LLC letter dated April 7, 2011 for
the upgrade of a septic system to serve a four bedroom structure, a grandfathered, nonconforming dwelling with respect to the Nitrogen Loading Limitation, subject to the following conditions:
a) Design flow is to be limited to 440 gpd, to serve 4 bedrooms.
b) No increase in habitable area without Board of Health review.
c) There is to be no conversion of use without Board of Health review
d) 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.
e) 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 John O’Hara; passed 4-0.
3) Wellfleeter Condo Association, 275 Kendrick, Map 20, Parcel 32. John Schnaible from Coastal Engineering represented the applicant and stated in 2008 they had received approvals for an I/A system, and they have since hooked up to Town water; therefore allowing a conventional Title 5 system. He gave an overview of the requested variances as well as a description of the proposed system. They are looking to install the system in the fall of 2012. Water sampling will continue. There was discussion regarding monitoring the nitrogen levels in front of this property in relation to the oyster restoration project. Lezli
Rowell moved to approve the Wellfleeter Condo Association Plan by Coastal Engineering dated 03/23/11 with revision to be submitted to Health Department and grant the two variances requested in the March 31, 2011 letter subject to the following conditions:
a) Design flow is to be limited to 5610 gpd.
b) Existing PWS well to be converted to irrigation well.
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) Continued water sampling until installation per 09/30/08 approval.
e) Installation shall take place prior to summer seasonal occupancy in 2013.
Seconded by Alex Hay; passed 4-0.
2. Business
Discussion: Cesspools on pond front properties. A letter from GUPACA dated 04/05/11 was read into the minutes requesting all properties with cesspools be required to upgrade to Title V. Agent Greenberg-Lemos stated she had a list of concerns from the Town Administrator which the Board of Selectmen presented to him which included the selling of phosphates in Wellfleet (which have been banned by the state), and banning fertilizer (which is not something that can be enforced due to court cases). She suggested educational materials be made available to the public and that SPAT gave money for the Conservation Commission’s brochure which includes fertilizer information. There are 30 cesspools currently on properties abutting Wellfleet ponds. The Pond Management Committee
report includes information on the quality and clarity of the water, and their recommendation for upgrades. She stated there would not be any change to the nutrient levels by upgrading to Title V as there is no phosphorus reduction achieved in conventional or I/A technology . Lezli Rowell stated that there is a lot of clay in soils around the ponds which reduces the phosphorus transport, although there is no way to quantify that reduction. Agent Greenberg-Lemos stated Paul Gabriel of EPG will review the ponds water quality. She stated because the waste water planning will not be completed for at least 3 years, she doesn’t feel it would be prudent to enforce making people upgrade until the consultants make recommendations. She stated there may be a way to have the current cesspools inspected, but she is hesitant to do that because all records in the office are not up to date. The Board felt enforcing Title 5 is premature at this
point and Rowell felt that phasing out pre-code cesspools would be a town-wide concern, not simply an issue for pond-front properties, and felt that the more dense neighborhoods on the harbor-shore still served by antiquated structures pose more impact. Agent Greenberg-Lemos stated the ponds are monitored and no ponds have been closed with bathing beach sanitary standards violations. She recommended having a public hearing about phasing out cesspools throughout the entire town and hearing the public’s concerns and educating them as well. Alex Hay recommended having the Comprehensive Wastewater Committee work with the Board of Health. Alex Hay moved to write a letter to GUPACA explaining data is being gathered and will not be completed for a minimum of three years and informing them there will be a joint meeting of the Board of Health and Comprehensive Wastewater Committee in July, 2011.
Hay recommended I/A clean-out valves be cleaned once a year and be put into the standard conditions.
3. Licenses
One license was signed
4. Minutes
Alex Hay moved to approve the January 26, 2011; seconded by John O’Hara; passed
4-0.
5. Correspondence
None
John O’Hara moved to adjourn at 8:25 pm; seconded by Lezli Rowell, passed 4-0.
Respectfully submitted,
Christine Bates, Committee Secretary
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