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BOH Minutes

Meeting date: 
Wednesday, June 14, 2017

                                                     Wellfleet Board of Health

                                          Minutes of Meeting of June 14, 2017

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

Present:  Ken Granlund Jr., Chair; John Cumbler, Janet Drohan, Gary Locke, Moe Barocas, Health Agent Hillary Lemos

Regrets:; Chair Ken Granlund

Also Present: Stephanie Seguin of Ryder & Wilcox, Randy and Elizabeth McDonald, Jay Horowitz

Janet Drohan called the meeting to order at 7:01 p.m. 

Farm Animal Permit:

-No new permits to present

Stephanie Sequin from Ryder & Wilcox was present with revised plans for 86, 88, and 96 Samoset Avenue dated 5/11/2017.

Madel & Morrison, 86, 88 & 96 Samoset Avenue, (Map 28, Parcels 128.1, 128, 129)         

  1. The proposed Soil Absorption system (SAS) will be 8’ from a property boundary (2’ variance)
  2. The proposed SAS will be 78’ from the proposed well #1 (22’ variance)
  3. The proposed SAS will be 79’ from the proposed well #2 (21’ variance)
  4. The proposed well number 1 will be 78’ from the proposed SAS (22’ variance)
  5. The property is served by an existing well located on 88 Samoset Avenue
  6. Proposed well #1 will be 78’from the proposed SAS on #86 (22’ variance)

              86 Samoset Avenue:

Locke moved to approve the three (6) variances, as requested in the letter of May 11, 2017, for Ryder & Wilcox Plan #11809, dated June 7, 2017 for the construction of a well to serve a three bedroom structure located at 96 Samoset Avenue, a grandfathered, non-conforming building (with respect to the nitrogen loading limitation)* 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; using Singulair Model 960-600 Dentrification Technology under the remedial use (or provisional) approval category with floor plans to be reviewed by the Health Agent.

Subject to the following standard conditions:

  1. Design flow is to be limited to 340 GPD, to serve 3 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 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.
  5. The well water 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.
  7. 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.

Moe Barocas Seconds the Motion

The Motion carried, 4-0.

88 Samoset Avenue:

Locke moved to approve the two (2) variances, as requested in the letter of May 11, 2017, for Ryder & Wilcox Plan #11809, dated June 7, 2017 for the construction of a well to serve a four bedroom structure located at 96 Samoset Avenue (, a grandfathered, non-conforming building (with respect to the nitrogen loading limitation)* Subject to the following standard conditions:

  1. The well water shall be tested and found potable, with results copied to the Health Department, prior to issuance of the Disposal Works Permit.
  2. 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.
  3. 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.

The Motion is Seconded by Moe Barocas

The Motion carried, 4-0

              96 Samoset Avenue:

Locke moved to approve the one (1) variance, as requested in the letter of May 11, 2017, for Ryder & Wilcox Plan #11809, dated June 7, 2017 for the construction of a well to serve a three-bedroom structure located at 96 Samoset Avenue, a grandfathered, non-conforming building (with respect to the nitrogen loading limitation). 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 Subject to the following standard conditions:

1.Well to be located on Map 28, Parcel 128, an Easement for the well is to be submitted to the Health Department.

2.Water Wells 504: The property will be served by a well located on 88 Samoset Avenue.

3.The well water shall be tested and found potable, with results copied to the Health Department, prior to issuance of the Disposal Works Permit.

  1. 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.
  2. 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 the Motion

The Motion carried, 4-0

Change of Use -N/A

Business

      Discussion - Board of Health Regulations

Jay Horowitz requested a modest increase in square footage of 138 square feet located at 235 Baker Avenue. This will add a hallway to access an upper level deck, allow access to the upstairs bedroom from the inside of the dwelling, and new construction of a bathroom.

Cumbler asked about the septic system Lemos said it will meet the requirements.

Locke Motioned to approve an increase of 138 square footage limited to a hallway and a bathroom.

Barocas Seconded the Motion.

All in favor and the Motion carried 4-0

Health Agent Hillary Greenberg-Lemos said she included a copy of a letter addressed to Gerald and Audrey Parent dated June 1, 2017 in the Board of Health information packets. She continued that the Parents would have 60 (sixty) days from the date of the letter to comply. Elizabeth McDonald asked what has been going on with the process. Locke responds “a reinspection for compliance is scheduled for August 1, 2017, non-compliance may result in a Board of Health hearing to consider revocation of the Farm Animal Permit.” Greenberg-Lemos informs the McDonalds that Town Counsel is handling the matter, and it would be Town Counsel to get an injunction and go to court The Board gave a copy of the letter dated June 1, 2017 to Mrs. McDonald ending the public discussion on the matter.

The Board members stated their names to open Executive Session: Janet Drohan, Moe Barocas, John Cumbler, Gary Locke.

The Executive Session was called under Purpose 3:  to discuss strategy with respect to collective bargaining or litigation if an Open Meeting may have a detrimental effect on the bargaining or litigating position of the public body and the chair declares: to discuss a letter dated June 1, 2017 to Gerald and Audrey Parent.

Barocas motioned to close the Executive Session.

Cumbler seconded the Motion.

The Board members stated their names in favor of closing the Executive Session: Janet Drohan, Moe Barocas, John Cumbler, Gary Locke and resumed the Public Session.

Correspondence

The Board of Health sent a letter dated May 19, 2017 to Gayle Ehrlich and Howard Barnstone of 125 Mill Hill Road regarding the installation of a new subsurface sewage disposal system to be installed within six months of the property closing, dated 10/31/2017.  Ms. Ehrlich and Mr Barnstone telephoned the Board of Health mon June 1, 2017 to extend the period to put in place a septic system concurrent with planned renovations in the fall of 2017. Hillary read letter from the Ehrlich-Barnstones. 

Drohan mentioned the septic is there for a civic convenience. It’s become a designer option, as opposed to a necessity.

Motion to approve the extension 90 days, and not to authorize the home renovations until the sewage disposal system is installed. The Board agrees to send a letter extending the timeframe.

Licenses:

Licenses have been signed

Minutes:

Barocas Motioned to Approve the minutes of 5/10/2017

Seconded by Locke

The Motion carried 5-0

Change of use:

None

Topics for Future Discussion:

The Board deliberates tobacco usage should be 21+ and banning flavored tobacco in the Town of Wellfleet should go to public hearing. The Board agreed on a Public Hearing for the September meeting. Health Agent Lemos will notify tobacco stores.

The meeting was adjourned by consensus at 8:28 P.M.

Public Records Materials:

-Variance Letters for 86, 88, and 96 Samoset Avenue on file with the Health Department

-Letter to the Ehrlich-Barnstones available in the Health Department Office