Approved
Wellfleet Board of Health
Minutes of Meeting of March 13, 2013
Senior Center, Long Pond room, 7:00 pm
Attendees: Richard Willecke, Lezli Rowell, Janet Drohan, Ken Granlund, Gary Locke
Lezli Rowell read the meetings from 02/13/13.
I. Title V Variances Requests
1. Taylor, 165 3rd St., Map 40, Parcel 104. Jason Ellis represented the applicant and stated he had relocated the well and reconfigured the leach area, reducing the number of variances requested. Lezli Rowell moved to approve J. C. Ellis Design Company, Inc. plan dated 03/04/13 and grant the two (2) variances requested in your letter of March 4, 2013 for the upgrade of a septic system to serve a two bedroom structure, in compliance with Nitrogen Loading Limitation using Advantex denitrification technology under the remedial use category with the following conditions:
a) Design flow is to be limited to 228.6 gpd to serve two 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 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 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 in what format is acceptable to those agents. Any other sampler per DEP approval.
seconded by Ken Granlund; passed 5-0.
2. Pechonis, 135 Old Truro Rd., Map 8, Parcel 164. Jason Ellis represented the applicant and reduced the number of variances originally requested. Lezli Rowell moved to approve J. C. Ellis Design Company, Inc. plan dated 02/14/13 and grant the two (2) variances requested in your letter of February 14, 2013 for the construction of a septic system to serve a three bedroom structure, in compliance with Nitrogen Loading Limitation with the following conditions:
a) Design flow is to be limited to 337.12 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 Gary Locke; passed 5-0.
3. Richardson/Dillard, 24 Pleasant Point Rd., Map 35, 108. Tim Brady represented the applicant and stated they have public water supply. This is a voluntary upgrade with Remedial Use approval category. Lezli Rowell moved to approve East Cape Engineering, Inc. Plan 13-001 dated 02/14/13 and grant the nine (9) variances requested in the letter of February 15, 2013 for the upgrade of a septic system to serve a four bedroom structure, in compliance with Nitrogen Loading Limitation using Septi Tech denitrification technology under the Remedial Alternative Treatment Category with the following conditions:
a) Design flow is to be limited to 440 gpd to serve four bedrooms.
b) A variance has been granted to allow a reduction in the size of the leach area provided to 220 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) No increase in habitable area without Board of Health review.
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 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 in what format is acceptable to those agents. Any other sampler per DEP approval.
seconded by Gary Locke; passed 5-0.
4. Clark, 1973 State Hwy, Map 29, Parcel 267. David Lajoie represented the applicant, stating the house is for sale. There wa discussion regarding the variance to a maximum cover depth over the leach area, as needed due to site grading. Lezli Rowell moved to approve Felco, Inc. Plan 13010 dated 02/14/13 and grant the two (2) variances requested in your letter of February 21, 2013 for the upgrade of a septic system to serve a three bedroom structure, in compliance with the Nitrogen Loading Limitation subject to the following conditions:
a) Design flow is to be limited to 334 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) Health Department review of leach area cover referral to DEP as needed.
d) The 1,000 gallon septic tank will be pumped and found to be structurally sound prior to use.
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 Kenneth Granlund; passed 5-0.
5. LaBarge, 195 Briar Lane, Map 13, Parcel 119. Jason Ellis represented the applicant and the property is in the process of being transferred. There are cesspools on the property. The new well will be placed at the back of the property and the septic system will be placed in the front of the property. Lezli Rowell questioned if grandfathering covers bedrooms in mobile homes in design flow and it was determined that the structure had been taxed and in town records for many years, and that a precedent grandfathers all bedrooms whether or not they are used. The house is four bedrooms and the mobile home is two bedrooms. Rebecca Dalmus, abutter, stated there is road runoff and feels this is a compromised situation with the freshwater wetland. Lezli
Rowell stated removing the cesspool is a big improvement. The Board stated the owners have the ability to improve and upgrade the existing septic system according to the number of bedrooms already there. The catch basin issue will be reviewed by the State. Nate Johnson stated he had concerns with six bedrooms on the property. The trailer has been on the property for 43 years according to the Assessor’s office. Barbara Kennedy, abutter, stated the parlor was used as a bedroom and Willecke stated the Board has to look at the definition of a bedroom according to the regulations. Jason Ellis stated the trailer will be removed and the owner is looking at options for the property. Pamela Bauder, abutter, stated she does not want the bedrooms in the trailer to be counted and that the trailer has not been lived in for several years. No written documentation was presented to contest the legality of the mobile home or the grandfathered
bedrooms. Lezli Rowell moved to approve J. C. Ellis Design Company, Inc. plan dated 02/11/13 and grant the six (6) variances requested in your letter of February 24, 2013 for the upgrade of a septic system to serve a six bedroom structure, a grandfathered, nonconforming dwelling subject to the following conditions:
a) Design flow is to be limited to 660 gpd to serve six bedrooms.
b) 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.
c) Health Department review of catch basin variance for DEP referral if needed
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 Gary Locke; passed 5-0.
6. Brown’s Landing Condo, 30 Fox Island Rd., Map 28, Parcel 223. Ron Peterson represented the applicant. The water supply is undrinkable and a source of water needs to meet standards. There is a total of 13 bedrooms with the condos. There is iron in the water from the current wells. He stated the dike has been breached and salt water has infiltrated the area, affecting the fresh water supply. Gary Locke moved to approve Atlantic Well Drilling request for a retro variance requested in the February 25, 2013 letter to serve thirteen (13) bedrooms in the Condo Association, grandfathered, nonconforming dwellings subject to the following conditions:
a) 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.
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 Richard Willecke; passed 5-0.
Business
Definitive Subdivision – Wendon Realty Trust. Chet Lay stated the master septic plan identifies the locations. There are two species on the property which Natural Heritage identified and work can be performed during a specific timeframe. The Board feels there is adequate space for the septic systems. Kenneth Granlund moved to approve the subdivision plan for lots 2, 3 and 4; seconded by Richard Willecke; passed 5-0.
Pay As You Throw Public Hearing. The Board of Selectmen endorsed the fee structure as presented. The town has appropriated $35,000 for bags and money for additional compactors. Commercial residential haulers can no longer offer separate pricing. A letter will be sent out to all the haulers to educate them on the new regulations. Lezli Rowell again reiterated that certain families be allocated abatements as needed based on existing standards of need. Richard Willecke moved to approve the PAYT as approved by the Board of Selectmen; seconded by Gary Locke; passed 5-0.
Jason Ellis requested a determination for property located at 155 Naughaught Bluffs Road – determination: a septic inspection was done and there is an old 1991 Septic system. There are wells and septic systems located on the same parcel. Wells are less than 100’ from the leach pit he inspected. The nitrate level is 6.7mg/L which would fail. He stated nothing is coming from the septic since the house hasn’t been occupied in over 6 months. There will be a closing on the house on 3/15/12. The Board would like to have paperwork in hand before making any decision. Since there was no public notice, the Board chose not to act on this request.
Town Warrant: Baker Field bathhouse: Lezli Rowell requested representing the Board of Health in a letter to the newspaper endorsing the bathhouse. Lezli Rowell passed out the powerpoint presentation presented to the Board of Selectmen. The Wastewater committee elected to present the whole package with the construction of the bathhouse for town meeting. Lezli moved; seconded by Richard Willecke; passed 5-0 for supporting this.
Temporary Moratorium Marijuana treatment centers for one year. Richard Willecke moved to endorse the moratorium; seconded by Lezli Rowell; passed 4-1.
Licenses signed
IV Minutes to be addressed at the next meeting
V. Correspondence
Ethics paperwork passed out to board members.
Gary Locke moved to adjourn at 8:47 pm; seconded by Ken Granlund; passed 5-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
| 