Print
Share page with AddThis

BOH Minutes

Meeting date: 
Wednesday, November 9, 2016

Wellfleet Board of Health

Minutes of Meeting of November 9, 2016

Senior Center, Duck Pond Room, 7:00 p.m.

Present:  Ken Granlund Jr., Chair; Moe Barocas, John Cumbler, Janet Drohan, Gary Locke, Health Agent Hillary Greenberg-Lemos, and Mary Rogers, Committee Secretary

 

Chair Ken Granlund called the meeting to order at 7:00 p.m. 

Farm Animal Permit: Elspeth Hay, 110 Herring River Rd.  (Map 8, Parcel 191)

Elspeth and Sally Hay came forward and explained that they had seven chickens.  The roosters are gone, Elspeth Hay said.  She described the manure management system they use.

Janet Drohan moved to approve, after a water test, a Farm Animal Permit for up to seven chickens for Elspeth Hay at 110 Herring River Rd.  Gary Locke seconded.  The motion carried 4-0.

Report on Raising Minimum Age of Access to Tobacco Products

Dr. Lester Hartman, a pediatrician in Public Health, presented information on a report on raising the minimum age from eighteen to twenty-one for access to tobacco product.  He listed the medical endorsements that Needham, Mass., had gained in their effort to change legislation in Massachusetts raise the minimum age.  His goal was to get more towns on board with the effort to change the age limit.  He displayed tobacco products and e-cigarettes he had purchased this evening at a Wellfleet convenience store.  He said advertising is targeted to the youth audience, the most susceptible to addiction.   He distributed more information on the fifty-five towns that have banned flavored tobacco products and age restrictions proposed for those in the military. 

Board members discussed the proposal of raising the age of access to 21 and banning e-cigarettes (nicotine delivery systems) and flavored tobacco products in convenience stores.  Members will further review the material provided by Dr. Harman and put an action item on a future agenda.

Variances 

Glanville, Jeffrey & Wall Joan E., 117 Spring Brook Rd. (Map 47, Parcel 32)

David Lajoie of Felco Engineering, Inc. explained the variance request for 117 Spring Brook Rd. for Jeffrey Glanville and Joan Wall.  The variance is needed to keep the existing septic system:

  1. Depth of cover over leach area and D-Box (3’ maximum required – 5’ provided) – 310 CMR 15.211(7)

Janet Drohan moved to approve Felco Plan #16064 dated 10/16/16 for Jeffrey Glanville and Joan E. Wall at 117 Spring Brook Rd. (Map 47, Parcel 32) as requested in the letter dated 10/26/16 for the upgrade of a septic system to serve a two (2) bedroom structure subject to the following conditions:

  1. Design flow is to be limited to 234 GPD, to serve 2 bedrooms
  2. No increase in habitable area without Board of Health review.
  3. There is to be no conversion of use without Board of Health review. 
  4. The well water shall be tested and found potable, with results copied to the Health Department, prior to issuance of the Disposal Works Permit.
  5. Bi-annual pump out of the existing 1000-gallon septic tank is required, with log of septage disposal copied to the Health Department.
  6. 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.

Moe Barocas seconded, and the motion carried 5-0. 

Gardner Family Trust, 87 Gull Haven Lane (Map 9, Parcel 620)

David Lajoie of Felco presented the septic upgrade plan for an existing dwelling of the Gardner Family Trust at 87 Gull Haven Lane.  He said there would be no change in use and noted the buffer zone for wetlands - Gull Pond.  Two variances were requested:

  1. 6’ from leach area to cellar wall (crawl space ) – 310 CMR 15.211
  2. 3’ from leach area to property line (street)

Moe Barocas moved to approve Felco plan #16508 dated 10/13/16 for two variances for the Gardner Family Trust at 87 Gull Haven Lane (Map 9, Parcel 620) as requested in the letter dated 10/26/16 to serve a two (2) bedroom structure subject to the following conditions:

  1. Design flow is to be limited to 340 GPD, to serve 2 bedrooms
  2. No increase in habitable area without Board of Health review.
  3. There is to be no conversion of use without Board of Health review. 
  4. The well water shall be tested and found potable, with results copied to the Health Department, prior to issuance of the Disposal Works Permit.
  5. 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.
  6. 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.

Janet Drohan seconded, and the motion carried 5-0. 

Rossi -Wellfleet Nominee Trust, 30 Buttry Way (Map 16, Parcel 633)

David Lajoie presented the Felco plan for the Rossi-Wellfleet Nominee Trust at 30 Buttry Way.  He noted the 100-foot separation from the wetland, Long Pond.  The two variances requested are:

  1. 3’ from leach area to property line (Parcel 632) – 310 CMR 15.211
  2. 1’ ± for required leach area component cover – 310 CMR 15.221(7)

 

John Cumbler moved to approve the two variances presented in Felco Plan #16053 dated 10/26/16 for the Rossi-Wellfleet Nominee Trust at 30 Buttry Way (Map 16, Parcel 633) as requested in the letter dated 10/26/16 for the upgrade of a septic system to serve a four (4) bedroom structure subject to the following conditions:

  1. Design flow is to be limited to 448 GPD, to serve four (4) bedrooms
  2. No increase in habitable area without Board of Health review.
  3. There is to be no conversion of use without Board of Health review. 
  4. The well water shall be tested and found potable, with results copied to the Health Department, prior to issuance of the Disposal Works Permit.
  5. 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.

Gary Locke seconded, and the motion carried 5-0.

Amsler Associates, 313 Main St. (Map 14, Parcel 177)

Jason Ellis of  J. C. Ellis Design Company, Inc. presented the plan for an upgrade of the existing septic system at 313 Main Street.  The eleven (11) variances requested were due to the size and configuration of the lot and its proximity to an isolated wetland (Certified Vernal Pool):

310 CMR 15.211

  1. 11’ from proposed leach field to foundation wall (Parcel 178).  (20 ‘ required, 9’ provided, 11’ variance requested)
  2. 59’ from proposed leach field to Certified Vernal Pool. (100’ required, 41’ provided, 59’ variance requested)
  3. 19’ from proposed septic tank #1 to Certified Vernal Pool. (50’ feet required, 31’ provided, 19’ variance requested).
  4. 16’ from proposed septic tank #2 to Certified Vernal Pool. (50’ required, 34’ provided, 16’ variance requested).
  5. 16’ from proposed pump chamber to Certified Vernal Pool. (50’ required, 34’ provided, 16’ variance requested).

310 CMR 15.240

  1. Reduction in size of required leach field size – 25%. (450 square feet required, 337.5 square feet provide, 112.5 square feet reduction (25%).

310 CMR 15.248

  1. No reserve area provided.

Wellfleet BOH Regulations:

  1. 59’ from proposed leach filed to watercourse (Certified Vernal Pool). (100’ required, 41’ provided, 59’ variance requested).
  2. 19’ from proposed septic tank #1 to watercourse (Certified Vernal Pool). (50’ required, 31’ provided, 19’ variance requested).
  3. 16’ from proposed septic tank #2 to watercourse (Certified Vernal Pool). (50’ required, 31’ provided, 16’ variance requested).
  4. 16’ from proposed pump chamber to watercourse (Certified Vernal Pool). (50’ required, 34’ provided, 16’ variance requested).

Mr. Ellis answered questions from Board members and abutters on the location for the septic system, the raised up parking area, the vernal pool, and the timing of the installation.  The Board discussed conditioning that the work to be done between October 30th and before April 1st because of the abutters’ concerns.    

Gary Locke moved to approve eleven (11) variances for 313 Main Street (Map 14, Parcel 177)  as presented in J. C. Ellis Design Plan, dated September 5, 2016 as requested in the letter of October 27, 2017 for a septic system to serve a two (2) bedroom structure and 2,250 square foot retail space subject to the following conditions:

  1. Design flow is to be limited to 332.50 GPD, to serve a two (2) bedrooms and a 2,250 square foot retail space.
  2.  A variance has been granted to allow a reduction in the size of the leach area provided to 249.75 GPD.
  3. No increase in habitable area without Board of Health review.
  4. There is to be no conversion of use without Board of Health review. 
  5. 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.
  6. Audio / Visual alarms shall be set to activate when liquid level reaches 60% capacity; pumping to be performed within 48 hours.  Annual log of pumping records and septage disposal to be submitted to the Health Department with O & M contract for service and hauling copied to the Health Department.  All pumping records to be copied to the Health Department.  Failure to do so may result in requirement for inspection, or “cease and desist” order from operation of tight tank.
  7. The system owner shall have a septage Handler service the filter regularly, at least once every year and pump the septic tank in accordance with 310 CMR 15.000.  The system owner shall report in writing to the local Board of Health within 30 days of the date of servicing every time the septic tank is serviced.
  8. Special condition - work is to be done in the time period between October 30 and April 1.

John Cumbler seconded, and the motion carried 5-0.

More Trust (Curt Felix, Trustee), 2207 State Highway (Map 23, Parcel 217)

Before getting to the variance request, Curt Felix first discussed pilot program of septic systems for the removal of contaminants at a lower cost. 

Curt Felix explained his request for a grease interceptor variance to be obtained from the Massachusetts Plumbing Board for More Trust at 2207 State Highway.  He said he has an exterior grease trap, but would like a variance to allow him to use just one grease trap, instead of the two that are required by the plumbing code.  Having two systems is redundant, he said.  Mr. Felix said a commissary kitchen is substantially different from a restaurant kitchen.  Fats, oils, grease and sediment (FOGS) create a great deal of strain on plumbing, Janet Drohan said.  She said the temperature, time and turbulence provided by an internal trap are more useful, and she indicated that she would not vote to approve a variance.   The Health Agent agreed that the internal grease trap was advisable.   The plumbing code for the two traps is more protective, according to Janet Drohan. 

A variance from the plumbing code requires the applicant to come before the Board of Health, Mr. Felix said.   Janet Drohan maintained that the internal trap was a means of protecting the aquifer.  Moe Barocas said the Board could not make judgements on the usage.  Since the Plumbing Inspector gave a strict interpretation of the plumbing code and found the two traps necessary, Mr. Felix said he needed the Board of Health to recommend his application to the Plumbing Board.  He didn’t need the variance from the Board of Health, only a recommendation that he bring his request to the Plumbing Board.  Mr. Felix said he still needs to go before the state Plumbing Board whether or not the Board of Health supports his variance.

Gary Locke moved to neither recommend nor deny they request to have only the exterior grease trap at 2207 State Highway, but allow Curt Felix to go before the Massachusetts Plumbing Board.  Ken Granlund second.  The motion failed 2-2-1. 

Business

Gerald Parent was present to discuss his farm at 125 Duck Pond Rd.  Abutters Randy and Liz McDonald from 15 Bittersweet Rd., who were also present, had submitted a letter regarding conditions at his farm.  Mr. Parent had submitted a plan of his property with the fencing indicated.  He said he is removing the paddock that abuts the Housing Authority property, so it is not shown on the plan.  He explained how he would move the quieter female alpacas to the paddock nearest to the McDonald’s property. 

The Health Agent and the Board reviewed an e-mail message from Town Counsel regarding the farm.  The Parent farm is subject to permit renewal in January, 2017. The Board decided on discussion only at this meeting since the permit determination will be made in January.  Town Counsel had explained that public nuisances are within the purview of the Board of Health.  Private nuisance issues, such as smell and noise, are not within the Board of Health’s jurisdiction. 

The Board discussed the number of animals and locations where the animals defecate.  The off-site manure compost pile had been inspected and found acceptable by state health official, who had also made recommendations for modification of smells from urine.  The McDonalds said the smell is still evident. 

Mr. Parent, the McDonalds, the Health Agent and the Board considered a number of remediation options including: further protection of ground water from urine, relocating the alpacas further into the property, relocating and digging deeper wells because of nitrates and salt readings, the number of alpacas and other animals, setbacks from the property lines, further water testing, intensity of development at site, dust, manure and Mass General Law that applies to farms.  Mr. Parent said that neglect is the only area that a Board of Health can regulate on a farm of 5 acres or more. 

Moe Barocas asked about attempts to resolve the private domain issues without Board of Health involvement.  Mediation was suggested for this.  Mr. McDonald said he would be willing to provide fencing if Mr. Parent would move the alpacas from the paddock nearest the McDonald’s house. 

John Cumbler recommended doing another water test on the properties since the earlier test had been questioned.  The water test will be due for the next meeting.  The Farm Permit renewal application will be taken up at the January, 2017 meeting of the Board of Health. 

Licenses

The Board of Health signed licenses that had been submitted for approval.

Minutes of 10/14/16

Moe Barocas moved to approve the minutes of October 12, 2016.  John Cumbler seconded, and the motion carried 5-0.

 

Adjournment

The meeting was adjourned by consensus at 9:06 p.m.

 

Respectfully submitted,

 

Mary Rogers, Committee Secretary 

The Board of Health approved these minutes at the meeting held 12/14/16.

 

Public Records Material of 11/9/16

All variances are filed in the Board of Health permanent records

Publications on limiting access to tobacco products

Correspondence regarding the Parent farm