Approved
Wellfleet Board of Health
Minutes of Meeting of October 9, 2013
Senior Center, Long Pond Room, 7:00 pm
Attendees: Richard Willecke, Lezli Rowell, Janet Drohan, Gary Locke and Ken Granlund
DPW – Transfer Regs: Pay As You Throw (PAYT)
Discussion: Commercial Hauler Refuse
Chair Willecke asked the audience to limit their speeches and stated there were two minor changes to the regulations which affected commercial haulers.
Agent Greenberg-Lemos gave an overview of the changes. E-mails were receive from: Greg Scerbinski, Dana Houghton, Greg Flanagan, David Middleton, Joan Swerdlow-Brandt, Janet Spitz, Jane Prager, Peter and Eleanor Santos, Dale
Stevens, Frank and Elizabeth Johns, Kathryn Moore, Samuel Engel, Evelyn Frazee, Charles Rutz, Susan Bachman, Susanna Deiss, John Regan, Jeanne Thomas, Edina Kopits, Peter Santos, Christine Vlahides, Sarah Sherman, and Kathryn Weill objecting to the Pay As You Throw program in one fashion or another.
Chair Willecke read several letters into the record. The majority of the letters expressed concern from homeowners who rent out dwellings and feel the renters will be confused and not use the PAYT bags. They feel they will be paying twice. Several of the people also utilize either private or commercial haulers. A letter from commercial hauler, M.A. Frazier, was read in which he stated the difficulty of PAYT as a hauler and potential problems in regards to rental units.
A letter from John Morrisey in support of PAYT was also read. Chair Willecke highlighted several points from the letters and responses from the recycling committee. There have been no changes in the regulations other than those that were passed by the Board of Selectmen. In response to Mr. Frazer’s concern that trucks following the logisitics of his pick up routes will have mixed loads that these regulations will not allow to be accept at Wellfleet transfer station, it was indicated that Harwich and Eastham will allow private haulers to utilize their transfer stations. Chair Willecke stated this policy should be implemented both for a fiscal reason and as an environmental issue. The Board stated the letters show this is in a complicated process and the Board should streamline PAYT as well as plan an
educational program. Monitoring the program will be difficult but the focus is to see recycling rates increase. It was suggested data be provided to see current numbers from the private residential haulers for bundling fees and see what it will be in the future to see if recycling has increased.
Chair Willecke stated 50 towns in MA have had a successful PAYT program, increasing recycling.
Chair Willecke opened the discussion to the audience. Jane Sharp stated she feels there is an educational problem and the owners of the rental property should purchase the PAYT bags for tenants. Agent Greenberg-Lemos stated that a bi-fold brochure is being published and door tags will be available to properties utilizing the PAYT program.
Jeremy Young, commercial hauler, believes it is against the law to have town employees sort through bags at hotel rooms. Willecke stated hotels have a choice to use the bags or pay the higher tonnage fee and pointed out the discussion was for commercial residential hauling. PAYT regulations exclude hotels and the types of establishments where implementation may be an unreasonable burden and allow disposal fees by weight.
There were several people in the audience who felt renters would not recycle and use the bags correctly. Sarah Bryan stated that Nauset Disposal has been advertising if people don’t want to use the PAYT program to use their services, which she doesn’t feel is fair to other haulers. Rowell noted the Board could not control advertising, and a representative from Nauset Disposal, Shawn DeLude, stated the ad is not against recycling and they are in favor of PAYT. Erin Mitchell requested clarification on where Nauset Disposal takes their trash.
Agent Greenberg-Lemos stated the discussion of regulations and any Public Hearing notice to consider changes to the regulations will have to identify if this is for residential only or include commercial haulers as well. Willecke read the two proposed changes to the regulations. Questions arose from haulers regarding people putting in the wrong materials (i.e. diapers, bottles, etc.) in the PAYT bags and how do they handle it and Chair Willecke stated there will have to be ‘zero tolerance’ and other towns have set good examples, and it can work. Matt Frazier stated bags are shredded when the trucks compact the trash. He stated it would be logistically and economically impossible to do two separate runs for commercial and residential. He stated our town is different than the other 50 towns in that the
other towns use municipal haulers and no other towns explode with the summer population as much as Wellfleet does. He recommends keeping the rate of $80 for commercial haulers or increase the rate for residents. He requested the board form a panel or task force and work with the haulers for input, but that was denied on recommendation from John Morrissey, because there have been several opportunities and meetings with both the Recycling and Board of Health to make comment for the past two years. It was questioned if the town will utilize PAYT at the marina, town facilities, etc. and the response was that the DPW picks up town facility trash and finds a high percentage of improperly disposed household trash.
Jeremy Young requested this issue be taken to the April town meeting so the town people can vote and Chair Willecke stated this issue was referred as policy to the Board of Selectman to adopt and is under the jurisdiction of the Board of Health to regulate, and there have been many meetings up to this point over the past three years which were well advertised.
A Public Meeting will take place on November 13, 2013 for the Board of Health to vote for the changes to the regulation:
1) Section 1002, 10: “Waste from hotels, motels, cottage colonies, condominiums, restaurants and commercial businesses are required to be delivered in a vehicle with a commercial Wellfleet Station sticker…….”
2) Section 1002, 11: All residential waste materials brought into the Transfer Station ….. “
Chair Willecke moved to have a public hearing on November 13, 2013; seconded by Gary Locke; passed 5-0.
I. Title V Variances Requests
1. Behan, 265 Ridgeway, Map 24, Parcel 146 & 280 Pilgrim, Map 25,
Parcel 6, demolish #280 Pilgrim and add 1 bedroom each to the 2 dwellings on 265 Ridgeway. David Lajoie represented the applicant and stated two properties are owned by the same person, combining 3 buildings into one septic system. One of the buildings will be removed because of its location close to a coastal bank and the lots joined to one property, so there is no increase in the nitrogen loading. The Board affirmed the bedroom count total in the two buildings. The existing well will be kept at the same place and a new well could be installed closer to the bank. Given the constraints of the property, the Board was in agreement with the plan. The well water will be tested twice per year. Lezli Rowell moved to approve Felco Inc. plan 12084 dated 10/30/2012 and grant the variance requests in
Felco’s letter of September 24, 2013 for the upgrade of septic system to serve (2) three bedroom structures, grandfather, non-conforming dwellings (with respect to the Nitrogen Loading Limitation) subject to the following conditions:
a) Design flow limited to 677 gpd to serve six bedrooms.
There is to be no conversion of use without Board of Health review.
b) The well water shall be tested bi-annually 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) Proper abandonment of leach pit serving Map 25, Parcel 6 property to be inspected by Health Agent.
Seconded by Janet Drohan; passed 5-0.
2. Parkinson, 290 Paine Hollow, Map 35, Pcel 2033, Septic Upgrade. David Lajoie represented the applicant and gave an overview of the project, stating all wells are over 100’ from the proposed septic. Linda Miller, abutter, reviewed the site plans. Agent Greenberg-Lemos stated there is no record of habitable space in the studio. David Lajoe stated he did not think there was water in the studio, there are 3 bedrooms in the house, and will be restricted to 3 bedrooms. Lezli Rowell moved to approve /Felco Inc. Plan 13063 to be re-dated and grant the one variance requested in the letter of September 24, 2013, for the upgrade of a septic system to serve a three bedroom structure, a grandfathered, non-conforming structure (with respect to the Nitrogen Loading Limitation) with
the following conditions:
a) Design flow limited to 330 gpd to serve three bedrooms.
b) The well water 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) 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) The studio/shed must remain uninhabitable space.
seconded by Gary Locke; passed 5-0.
e) DeMoss, 30 Ione Rd., Map 28, Parcel 60, Septic Upgrade. John O’Reilly represented the applicant. Mary McCormick, a principal of the trustees, stated an approval for the same variances was granted by the BoH in 2001, but the upgrade was never installed. The property now requires the upgrade due to the house being on the market. Mr. O’Reilly identified the abutter’s wells. The system will be an I/A nitrogen reduction system (remedial system). There was discussion regarding a blower with insulation and a shield due to mechanical noise. Abutter Mr. Gazolla, located across the street, expressed concerns with leaching of products (detergents, cleaning products, medicines, etc.). O’Reilly stated he feels the water flows towards Chipman Cove
and not towards his property and Lezli Rowell stated the existing cesspool creates more of a problem to the abutter and stated there is no technology to deal with all the emerging PCP pollutants. Gazolla questioned if the system could be moved toward the north. There was discussion regarding the location of the system and the coastal bank. Gary Locke stated the plan’s location is the fairest to all abutters. Mark Slivka stated there are systems on the north side.. A letter from Mr. and Mrs. Paulick questioned if the system could be located to the north. It was not felt that the current Conservation Commission would allow more encroachment into the coastal bank. Lezli Rowell moved to approve J. M. O’Reilly & Associates, Inc. Plan JM0-3784A dated 09/25/13 and grant the eleven variances requested in the October 1, 2013 letter for the upgrade of a septic system to serve a three bedroom structure, a grandfathered, non-conforming
dwelling (with respect to Nitrogen Loading Limitations) using I/A under the Remedial Use approval category, with the following conditions:
a) Design flow is to be limited to 336.87 gpd to serve three 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.
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.
seconded by Ken Granlund; passed 5-0.
f) Taylor, 165 3rd St., Map 40, Parcel 104, Request for extension. Jason Ellis stated this was approved in March, 2013. Chair Willecke reported the applicant did not install the septic within the 6 month timeframe. Ellis stated there was a denial from Conservation Commission regarding the changes to the building. Rowell asked it the application could be bifurcated to request just the necessary septic upgrade, and Ellis responded he now has the NOI filed. The application is going before both boards for just the septic plan. Joanne Gorfinkle, abutter, stated she was speaking on behalf of several abutters and neighbors, and expressed concern with adverse affects, stating the property has been occupied during the spring and summer, and wondered how long the septic could go without
causing problems to the area. Ellis stated the property has sold several times and are required to upgrade due to change in ownership. Fred Armstrong, abutter, requested the Board grant a short extension. Gorfinkle questioned the measurements on the abutting properties if wells and septic systems and Ellis stated he utilized the figures identified on the deeds, which can be antiquated. A letter from the Brimm’s was read into the record. Lezli Rowell moved to grant a three (3) month extension; seconded by Janet Drohan; passed 5-0.
g) Valli, 30 Ridge View Dr., Map 13, Parcel 134, Septic and well. Jason Ellis represented the applicant and stated there was an approval last year but the original plan identifying the well location did not produce good water. A water test was provided from a new well location and a new configuration was provided. Lezli Rowell moved to approve J. C. Ellis Design plan dated 08/20/13 and grant the three variances requested for the upgrade of septic system to serve a three (3) bedroom structure, grandfather, non-conforming dwelling with respect to Nitrogen Loading Limitation, subject to the following conditions:
a) Design flow limited to 340.4 gpd to serve three 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) 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) There shall be inspection of the flow barrier installation.
seconded by Gary Locke; passed 5-0.
II. Business
Fertilizer control issue: Cape Cod Commission is pushing for local, enhanced regulations and positions regarding fertilizers. Chair Willecke and Agent Hillary Greenberg-Lemos did not feel there would or could be adequate enforcement. Lezli Rowell stated it does not affect home owners, but affects landscaping industry requiring certification and processes. The DCPC is requesting towns to “opt” in with stronger models versus what the state has not yet come out with. Lezli Rowell suggested that the UMass Amherst Best Management Practices are the expected state regulations, due out soon and indicated that the Comprehensive Wastewater Management Committee supports the BMP’s as a good model for Wellfleet, along with public education.
Lead paint needs to be removed from SWUNSU Hill property that has been under renovation/restoration.
III. Licenses - signed
IV Minutes
V. Correspondence
Letter from L. Green regarding wind turbines.
Ken Granlund moved to adjourn at 9:15 pm; seconded by Richard Willecke; passed 5-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
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