BOH Minutes
Wellfleet Board of Health
Minutes of Meeting of September 14, 2016
Senior Center, Duck Pond Room, 7:00 p.m.
Present: Ken Granlund Jr., Chair; Moe Barocas, Janet Drohan, Gary Locke, and Mary Rogers, Committee Secretary
Regrets: John Cumbler
Chair Ken Granlund called the meeting to order at 7:00 p.m.
Public Comment
Alfred Pickard was present to discuss an issue about disposal of cardboard at the Transfer Station. Health Agent Hillary Greenberg-Lemos explained how the cardboard disposal unit is now operated. Mr. Pickard said that the current system slows down the process for disposing large deposits of cardboard. Ms. Greenberg-Lemos said the DPW Director is exploring other options such as a chute or keeping the top of the hopper open again. The Board of Health will invite the DPW Director to a meeting for a discussion on cardboard disposal.
Farm Animal Permit
A farm animal permit for Elspeth Hay of 110 Herring River Rd. (Map 8, Parcel 191) will be continued to the November meeting.
Variances
Meyer, 220 Ocean View Drive & 70 Cliff Road (Map 24, Parcel 127)
Timothy Brady of East Cape Engineering and Attorney Ben Zehnder explained the request for 220 Ocean View Drive and 70 Cliff Road. The intention is to demolish the house at 220 Ocean View Drive and move the three-bedroom cottage at 70 Cliff Rd. to that location. Mr. Brady prepared a plan for a three bedroom dwelling at the 220 Ocean View Drive lot. This plan would require a variance for a 5-foot waiver of a setback of the proposed leaching system to the road line of Cliff Rd.
Gary Locke moved to approve the East Cape plan #15-060 dated July 29, 2016 and grant the one variance requested in the letter dated August 16, 2016 and approve the nitrate loading restriction and easement for 3-bedroom structure subject to the following standard conditions:
- Design flow is to be limited to 330 GPD to serve 3 bedrooms.
- No increase in habitable area without Board of Health review.
- There is to be no conversion of use without Board of Health review
- The well water shall be tested and found potable, with results copied to the Health Department, prior to issuance of the Disposal Works Permit.
- 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.
- 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 4-0.
Bridger & Shub, 706 Kendrick Ave.
Jason Ellis of J. C. Ellis Design Company requested one variance for 706 Kendrick Ave. (Map 20, Parcel 28-D). He explained that the system failed because it does not meet the standards of the Wellfleet Health Regulations. It was designed under 1979 code that required a 4-foot separation from the bottom of the leach trench to the adjusted high ground water level. It was found and observed that the groundwater level was 4.63 feet below the bottom of the trench, Mr. Ellis said. However, once an adjustment factor of 1.1’ is applied, the separation to the adjusted high groundwater level is only 3.53’. Mr. Ellis requested a variance for a 4.7’ level. Because the cottage is used in the summer months only, he considers this adequate. The Health Agent requested that a monitoring well be put on the site to get readings before the variance is granted.
Janet Drohan moved to install a monitoring well for monthly readings that include high moon tides and that the report be submitted for Board of Health review in September of 2017 before a variance would be considered. Gary Locke seconded, and the motion carried 4-0.
Houston, 130 School St.
Jason Ellis explained the variance request for 130 School Street (Map 15, Parcel 26). A 17-foot variance from the edge of the isolated wetland is needed. Mr. Houston, who was present, said water tests have shown that his water was good, so he was not interested in a connection to the Municipal Water System.
Janet Drohan moved to approve the J.C. Ellis Design Company, Inc. Plan dated August 9, 2016 and grant the one (1) septic variance as requested in the letter of August 13, 2016 for the upgrade of a septic system to serve a six bedroom structure at 130 School Street (Map 15, Parcel 26) subject to the following conditions:
- Design flow is to be limited to 660 GPD, to serve 6 bedrooms.
- No increase in habitable area without Board of Health review.
- There is to be no conversion of use without Board of Health review.
- The well water shall be tested and found potable, with results copied to the Health Department, prior to issuance of the Disposal Works Permit.
- 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 conditions deed recorded shall be submitted to the Health Department prior to the issuance of the Disposal Works Permit.
Moe Barocas seconded, and the motion carried 4-0.
Business
Parent Farm at 125 Duck Pond Rd./ 15 Bittersweet Rd.
Randy and Liz McDonald appeared before the Board and had submitted a letter dated September 7, 2016 regarding the alpacas on the abutting property owned by Gerald and Audrey Parent. The McDonalds were requesting that the farm be run in accordance with Board of Health regulations. They said the abutters’ water and the Wellhead Protection Zone is being compromised. They also noted the noise and smell nuisances.
Gerald Parent was present to discuss the McDonalds’ concerns, which they had enumerated in their letter and documented with ample photos. The Health Agent said that she had documentation that nitrates had gone up according to recent water tests. She requested an engineered certified plot plan showing existing conditions of where the animals are kept. The original farm permit issued in January, 2015 was based on a sketch. The farm must be in full and complete compliance in order for the Board of Health to issue a new permit. That means the plot plan, the number of animals, the composting plan and disposal of waste must be provided.
Mr. Parent said there were 17 alpacas in Paddock 1, which abuts the McDonald’s property. He said it has not been proven that his animals are not the cause of the high nitrate level. He said the dry season and the large leaching field from the apartments that abut the Parent property could have contributed. The manure from the animals is picked up and removed from the property every day, he said. Mr. Parent gave his own well readings, which were also elevated in nitrates.
Mr. Parent said he is a protected farm, not subject to the local rules. Wellfleet Board of Health regulations are in concordance with farm regulations in the Commonwealth of Massachusetts on health issues. He considered possible shifts in his paddock arrangements by moving the male alpacas to Paddock 4 and moving the females to the half-acre paddock. The females make less noise, according to Mr. Parent.
Abutter Bud Paine noted the odors from the farm. He commented on what is considered a farm and quoted from the Alpaca Association on what is recommended for acreage. Mr. Paine noted the shellfish operations that are also included in the 5-acre parcel. Patrons at Paine’s Campground have complained about the smell, Mr. Paine and Mr. McDonald said. Bud Paine commented on animals in close proximity. He said besides the urine there are other elements that can go into the ground. Mr. Paine cited 330CMR 25 requirements for off-site manure composting.
Gerald Parent said he had given the Health Agent permission to respond to any complaints and inspect his farm at any time. He said livestock falls under the protection of state farm regulations. He said that the farm is maintained with daily pick-up of the manure. There were photos that showed a manure pile off premises under the powerlines on property that also belongs to Mr. Parent.
Ken Granlund asked about mitigation of the sand and dust, which was one of the complaints. Alpaca Association recommendations for 5 to 6 animals per acre, according to Mr. Parent, applies to pastures where alpacas graze on grass. His farm is a dry pasture, he said.
The Board of Health was concerned about the impact on the abutters and protection of water. The Board requested a certified plot plan, a comprehensive farm management plan that can be verified, and well monitoring to determine water direction or plume. Elaine McIlroy, from the Housing Authority, said that the well at Fred Bell Way is tested regularly. There is no monitoring well on the property, however.
The Board of Health warned that the farm permit could be rescinded if no good faith effort is made to mitigate the situation. There should be a means to alleviate the smell, the control of urine and manure. The Board will determine nitrate levels at Fred Bell Way and learn more about direction of the ground water flow. The discussion will be continued at next month’s meeting to see what remediation has been effected. Mr. Parent was asked to return with a certified engineer’s plot plan with exact lines and a farm management plan. Further well testing will be done on both properties and at Fred Bell Way.
Minutes
Janet Drohan moved to approve the minutes of August 10, 2016. Moe Barocas seconded, and the motion carried 4-0.
Correspondence
The Health Agent reviewed a number of items in the correspondence file.
Adjournment
The meeting was adjourned by consensus at 8:20 p.m.
Respectfully submitted,
Mary Rogers, Committee Secretary
Public Records Material of 9/14/16
- Variance requests are included in the permanent BOH files
- Letter of complaint dated 9/7/16 regarding farm is in Parent permanent folder