Approved
Wellfleet Board of Health
Minutes of Meeting of November 13, 2013
Senior Center, Long Pond room, 7:00 pm
Attendees: Richard Willecke, Lexli Rowell, Janet Drohan, Gary Locke and Ken Granlund
I. Title V Variances Requests
Berezin, 30 Wigwam St., Map 35, Parcel 135, variance. David Lajoie represented the applicant and gave an overview of the project. Lezli Rowell moved to approve Felco Inc. Plan 12022 dated 10/11/13 and grant the retro variance requested in the letter of 10/21/13 for the upgrade of a septic system to serve a 4 bedroom structure, in compliance with the Nitrogen Loading Limitation subject to the following standard conditions:
a) Design flow is to be limited to 440 gpd, to serve four (4) bedrooms.
b) Any restrictions 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 Janet Drohan; passed 5-0.
Roberge, 320 N. Circuit Rd., Map 24, Parcel 111, variances. Chris Wixon of East Cape Engineering represented the applicant and stated it is an upgrade for a sale. He stated there is no access to the southerly side of the property, and want to keep the well at the same location. An Advantex system for remedial use will be used. He stated if the well were to fail, it could be located 50’ from the leach area. Lezli Rowell moved to approve East Cape Plan 13-037 dated 10/30/13 and grant the 7 variances requested in the 10/30/13 letter for the upgrade of a septic system to serve a one (1) bedroom structure, a grandfather3ed, non-conforming dwelling for I/A Technology using Advantex denitrification technology under the remedial use approval category subject to the following conditions:
a) Design flow is to be limited to 110 gpd, to serve one (1) bedroom.
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.
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 sampling per DEP approval.
Seconded by Ken Granlund; passed 5-0.
Glennon, 155 Nauhaught Bluff Rd., Appeal of Health Agent Determination. John Glennon, owner, stated when he went to sell his home, the water test for nitrates was 6.7 which resulted in a failure to his septic system. He stated the house had been vacant for 6 months and the septic should not have failed. During the summer months when he tested the water, the water was within range. The State wanted a trend in the water test. The neighbor’s readings were within range. The applicant requested the Board to reverse the decision that the septic was in failure.
Chair Willecke moved to grant the removal of the failure; seconded by Gary Locke; passed 5-0. Mr. Glennon stated the area has several cess pools and everyone should have to upgrade.
Boehringer, 175 Cliff Road, expand habitable space. Chair Willecke read the letter from Mr. Boehringer which explained the demolition of the current dwelling on 175 Cliff Road and the moving of the Krastings house from 180 Cliff Road to 175 Cliff Road. This would be an increase in habitable space. The dwelling will be converted to two bedrooms. An abutter stated the house at 180 Cliff Road is in peril of going over the bank. After reviewing the plans and the urgency of the move, conditions will be set that the Agent check what is at the 175 location. Chair Willecke moved to approve the move of the dwelling from 180 Cliff Road to 175 Cliff Road pending examination for adequacy of design flow; seconded by Gary Locke; passed 4-1.
II. Business
Discuss and vote on changes to Local Regulations Section 1000: Solid Waste. (PAYT). Lezli Rowell stated there needs to be assistance to people in need. She motioned the following: In the Board of Health’s interest to assure that financial barriers of the new PAYT system are not responsible for improper trash disposal, I move that the Town shall provide adequate supplies of the required bags to the DPW office, transfer station staff and Health Department, to be freely dispensed to any identified member of an income-eligible group, such as but not limited to: Resident in low-income housing or affordable accessory dwellings, enrolled in Medicare, MA Health, DVA benefits recipient or any other subsidized health care network, family members accepted in free or reduced lunch fee programs, WIC, food stamps, Meals
on Wheels or any other nutritional supplement program. This purpose of this motion is to grant the Health Agent discretion to assist residents struggling to comply with the PAYT model without the need to collect, review or maintain financial records or other PII, and to make every reasonable effort to accept refuse delivered to the transfer station without enforcement or creating the cost-burden incentives to divert trash streams methods not intended by the PAYT program;
Lydia Vivante stated money will be raised and bags will be donated to the town for those who require them and she doesn’t know how many people it would entail. Chair Willecke stated this motion would enable only the Health Agent to disburse the bags. Richard Oliver stated people have pride and feels the motion was good but people may be reluctant to come and get bags. Mike Ford (ck name) stated he feels this is a burden on the tax payers and doesn’t feel the people of the town should pay for free bags. Chair Willecke suggested an amendment to the wording of the motion – medicare to Medicaid; seconded by Gary Locke; passed; 5-0. Harry Terkanian stated the town has ordered 12,000 bags to furnish the bags
Transfer Station1000 : Lezli Rowell recommended some change in the language. She stated PAYT is driven by the Board of Selectmen and gave examples of how the PAYT program will be detrimental to some families. She stated the BoH needs to assure the safe disposal of trash. She suggested PAYT run as a trail and gather data, showing comparisons in sticker fees, sizes of families, etc. She endorsed this being treated as a trial service, reviewing data every 3 months, set up a working team, to see if this is a good fit for the town, and requires an exit strategy should it not work in Wellfleet. Willecke stated there should be an evaluation in September, and then make necessary changes. If at the end of two years, if this is not successful, the town needs to look at other alternatives. Lezli Rowell
recommended forming a committee of community members. Willecke suggested the Health Agent handle this. Rowell would like to ask the Board Selectmen if an oversight committee could be set up to review the data. Janet Drohan stated we need to identify what the criteria would be to review.
Lezli Rowell moved to delete “cottage colonies, condominiums” under Section 10; seconded by Gary Locke, passed 5-0.
Matthew Frazier asked the commercial haulers be exempt from the PAYT program. There are 3 haulers in Wellfleet. He stated he cannot afford to double his fleet or his staff during the summer months. He services about 1,000 homes in the summer and how can he educate 8,000 family members. He can “go out of business” because there is marketing from outside sources not have to use PAYT. He feels there should be a moral obligation of the Board of Health not to have companies go out of business. He suggested an increase in the pricing for commercial haulers as well as setting up a committee they could be participate in. He asked the Board to reconsider and feels many people will use the alternate hauler, then there will be no trash in at the transfer station. Chair Willecke read a letter from
John Morrissey regarding commercial/private haulers which identified the new fees from $80.00 per ton to $30.00 for commercial haulers if PAYT were used. Harry Terkanian stated this is an offset with the use of the bags. Tom Reinhart did not see the difference in the costs because you have to buy bags anyway and there will be a reduction in the sticker fee. Chair Willecke stated Brewster has been successful. Another person in the audience stated young families will have a hard with the program and doesn’t feel the town has thought this through.
Lezli Rowell moved to identify the medium bags as 15 gallons, not 13 gallons; seconded by Janet Drohan; passed 5-0.
Under Commercial Refuse Hauler, #2, the “Commercial Refuse Hauler RESIDENTIAL Refuse Fee … $30.00/ton”. Discussion took place regarding mixed loads and what would the price be. Frazier requested members of the Board be at the transfer station when he unloads and they will see that the garbage is crushed. Morrissey stated the town has to trust the people and to do the right thing and not have mixed loads. A member of the audience stated there are several people who clean out places in the weekend and take the trash out which will affect them. Jeremy Young stated he recommends police be at the DPW for the safety of DPW staff. There was discussion regarding the sticker fees and when implemented.
Lezli Rowell moved (section 11) “ All residential waste material brought into the Transfer Station by a commercial refuse hauler, licensed by the Wellfleet Board of Health, must be in a vehicle with a commercial Wellfleet Transfer Station stick and must be Wellfleet designated “Pay as You Throw” bags; Ken Granlund seconded the motion; 3-2 passed.
Laura Wanco stated the barrels in town will be overflowing with garbage and Harry Terkanian stated this has been a problem all over the Cape. It was questioned if the National Seashore will participate. Jeremy Young stated this needs to be addressed and questions answered for haulers.
Fertilizer Regulation Discussion. Lezli Rowell stated the Waste Water Committee recommended the best management program. The county wants the towns to make their own regulations and this would have to be done immediately. The State has regulations in place now which are more lenient. The Board didn’t feel there was anything that would be enforceable or time to write any. The current state’s regulations are based on MA Amherst’s “best practice”. The regulations are for commercial applicators, not private residents. Tom Reinhart and Jeff Stewart felt the town should have stricter regulations due to nitrates. The town properties do not use fertilizer and should be a model. John Morrissey recommended placing material in the tax payers mail educating
homeowners about nitrate and fertilizers.
III. Licenses
IV Minutes
Lezli Rowel moved to approve amended meeting minutes of 05/08/13; seconded by Ken Granlund ; passed 5-0.
Ken Granlun moved to approve amended meeting minutes of 07/10/13; seconded by Gary Locke; passed 3-0.
Janet Drohan moved to approve amended meeting minutes of 08/14/13; seconded by Gary Locke; passed 3-0.
Ken Granlund moved to approve amended meeting minutes of 09/11/13; seconded by Gary Locke; passed 4-0.
Lezli Rowell moved to approve amended meeting minutes of 10/09/13; seconded by Richard Willecke; passed 5-0.
V. Correspondence
Lezli Rowell requested a letter be sent to the Board of Selectmen for an ad hoc committee to review the PAYT program every three months for the next 2 years. This would be on Board of Health letterhead and signed by Richard Willecke and herself.
Gary Locke moved to adjourn at 8:55; seconded by Janet Drohan; passed 5-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
| 