BOH Minutes

Meeting date: 
Wednesday, November 8, 2017

 

Wellfleet Board of Health

Wellfleet Senior Center, 715 Old King’s Hwy

November 8, 2017, 7:00 PM

 

Present: Janet Drohan, Gary Locke, Moe Barocas, Nick Piciarello

Regrets: Chair Kenneth Granlund

Others present: Alfred Pickard; Alex Hay of the Comprehensive Wastewater Management Planning Committee; Curt Felix of the Comprehensive Wastewater Management Planning Committee; George Huefelder of the Massachusetts Alternative Septic System Test Center; David Sadowski of Sadowski Engineering; Attorney Eliza Cox; Tim Brady of East Cape Engineering; David Lajoie of FELCO, Inc.

Others present:

Acting Chair Janet Drohan called the meeting at 7:02.

Farm Animal Permits-No permits to note.

Variances-

  • Capuano-35 Holbrook Avenue Map 20/Parcel 138

David Sadowski of Sadowski Engineering presented, as requested in the letter of October 22, 2017, for the installation of a Tight Tank septic system under an existing dwelling owned by Melvin at 35 Holbrook Avenue (Map 20, Parcel 138):

Sadowski was requested to come up with an alternative solution to the Tight Tanks originally presented at the October 11th meeting. The Board members have concern about the Tight Tanks and the amount of pumping that will take place, the new-construction dwelling, and the pump truck being able to operate and move around properly on soggy property.  Cox responded that under Title V it is not considered new construction, it is reconstruction of an existing building, and there is no increase in design flow and no increase in the number of dwellings.

Sadowski mentioned that the only place left on the lot to locate the sewage disposal system located above the water table would be on the side of an existing hill, and wouldn’t recommend it as a location for the proposed system. He also suggested alarm systems for both proposed tight-tanks, which would indicate to the occupant that they will need to take appropriate measures to schedule the pump trucks.

Locke mentioned that this is a non-conforming structure whose use hasn’t been exercised in over two years, and asked the Sadowski-Cox team if this is something the Zoning Board needs to rule on? Cox responded that her understanding was that the question of abandonment was raised at the first Zoning Board meeting, and that abandoning a non-conforming use, and at this location there is no non-conforming use, and that one-family dwellings are allowed. She continued that was is non-conforming is that there is a provision in the by-law that says one structure per lot.

Picariello asked if it was possible to get in the house and possibly have a site visit. The Board would schedule a site visit and talk to Town Counsel for their opinion, and communicate with the Zoning Board. They discussed a site visit being scheduled for November 29th at 1:00 P.M.

They would like specifications on the alarm system and audio-visual equipment. Drohan expressed that there is concern for the number of bedrooms dictating the size of the tank.

Drohan opened the discussion up to the public.

Pickard feels like a ten-wheeled septic truck holds more than 1500 gallons, and is more like 2000 gallons. He doesn’t believe it is feasible that a ten-wheeled vehicle will come and go without making 6 foot ruts in the road, and that the road is not designed for that. He suggested that traffic will be a concern.

The board would be more comfortable reviewing a plan with a raised system and alternative technology.

Motion to continue the meeting to December 13, seconded by Drohan with a site visit on 11/29/2017. All in favor, 4-0

  • Zimmerman-715 Chequessett Neck Road Map 19/Parcel 113

Timothy Brady of East Cape Engineering, Inc., presented, as requested in the letter of October 11, 2017, site plan dated October 10, 2017, the following reductions:

Title 5 310 CMR 15.405

  1. 3’+/- to the 10’ required setback for proposed S.A.S. to the property line
  2. 6’+/- to the 20’ required setback for proposed S.A.S. to the foundation wall
  3. 5’+/- to the 10’ required setback for proposed septic tank to foundation wall
  4. 3’+/- to the 3’ maximum soil cover allowed over proposed S.A.S.
  5. 2’+/- to the 10’ maximum cover allowed over proposed septic tank

There is a proposal underway to remove the existing 3-bedroom house and construct a new 3-bedroom house, and is adjacent to Wellfleet Harbor, and they are seeking approval with the Conservation Commission.

Removing existing house, and has an old code Title V septic system to be removed and a new septic system to be constructed as far away from the resource areas as possible. There are no waivers or variances requested for the resource areas. They will be moving the building away from the wetland areas, the driveway going to the coastal bank will be removed, and locusts will be replaced with native plants. The new driveway is proposed for over the leaching system

There is a coastal bank, AcEc and flood zone, and no waivers or variances are requested. There are benefits to the environment: buffer zone, driveway to go to the coastal bank being removed, locusts will be replaced with native plants. The property line is the street line and not a direct abutters line. The new parking proposed over the leaching system, and venting has been proposed because of the leaching system. There will be a trench drain located at the end of the driveway, and the leaching system is set back from the trench drain.

Sent proposed floor plans, and the main floor has three bedrooms and it’s called the “proposed first floor plan”. “The proposed second floor plan” has a kitchen, dining room and an office, which has no door. It could be construed as a bedroom and will be an opening in the office only. The walk-out basement shown as a recreation area with no plumbing in that area. Under the BOH regulations, they will be willing to show that the office and basement are not to be used as bedrooms, and will record something to that effect. He Presents isometric drawings to the Board members. The driveway will be paved and the parking will be gravel.

Lock Moved to approve East Cape Engineering Plan 17-040, dated October 10, 2017 and grant the 5 variances requested in the letter from 10/11/2017 for the construction of  a septic system to serve a 3 bedroom structure with floor plans to be reviewed by the Health Agent, subject to the following conditions:

  1. Design flow is to be limited to 340 GPD, to serve three (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 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.

Seconded by Barocas, and the motion carried 4-0.

  • Brokate-99 Holbrook Avenue Map 20/136

David Lajoie of FELCO, Inc. presented, as requested in the letter of October 20, 2017, presented, Job # 17055 dated September 29, 2017, the following variances:

  1. 3’ from septic tank to cellar wall (Locus)-310 CMR 15.211
  2. 4’ from leach area to property line (Parcel 135)
  3. 4.5’ from leach area to cellar wall (Locus)
  4. 77% required leach are capacity provided-310 CMR 15.203

David Lajoie is present has a cesspool that will be replaced with a new system and will hook up with town water, and is requesting four variances. 337 gallons for a four-bedroom home.

Locke moved to approve

Seconded by Picariello

All in favor 4-0

Locke moved to approve FELCO, Inc, Plan 17055, dated September 29, 2017 and grant the 4 variances requested in the letter from October 20, 2017 for the upgrade of a septic system to serve a 4-bedroom structure. Subject to the following conditions:

1. Design flow is to be limited to 440 GPD, to serve four (4) bedrooms,

2. There shall be a 23% reduction in size of leach area, 337 GPD provided,

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 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.

Seconded by Piciarrello, and the motion carried 4-0.

  • Mandell-41 9th Street Map 40/Parcel 155

David Lajoie of FELCO, Inc. presented, as requested in the letter of October 20, 2017, presented, Job # 16086 dated September 27, 2017, the following variances:

  1. 4’ from septic tank to property line (Meadow Avenue West)-310 CMR 15.211
  2. 4.5’ from leach area to property line (Meadow Avenue West)
  3. 4.5’ from leach area to property line (9th Street)
  4. 50’ from leach area to coastal bank-(Wellfleet BOH regulations)

David Lajoie from FELCO, Inc. presented a plan 16086 for a property on Lieutenant Island where the property was destroyed by a fire several years ago that had a leeching pit, and will have a leech are in the Northeast corner, and a private well on the west side of the lot. The alternative technology is beneficial and was approved by the Conservation Commission.

Locke moved to approve FELCO, Plan 16086, September 27, 2017 and grant the 4 variances requested in the letter from October 20, 2017 for the upgrade of septic system to serve a 3-bedroom structure (or other type of use) a grandfathered, non-conforming dwelling (with respect to the Nitrogen Loading Limitation) for the installation of a new subsurface septic system to serve a 3-bedroom dwelling at 41 9th Street under using ADVANTAX-AX20 denitrification technology under the use provisional approval conditions. Subject to the following conditions:

  1. Design flow is to be limited to 332 GPD, to serve three (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 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.
  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.

Seconded by Barocas, and the motion carried 4-0

Discussion with Comprehensive Wastewater Management Planning Committee-Guests Alex Hay and George Huefelder

Curt Felix reported that he had been at the Comprehensive Wastewater Management Plan/Cape Cod Water Protection Collaborative meeting. The 208 Areawide Water Quality Management Plan was approved last year. What has been approved is to have wastewater commissions go before the Cape Cod Commission for consistency with the 208 Plan, which has a lower set of standards. The town of Wellfleet has been working with about thirteen different strategies largely driven by alternative solutions. He feels that Wellfleet is in a good position meeting it’s Massachusetts estuaries Project (MEP) standards.The Board explained that an eventual goal will be to phase out cesspools. Seeing howIA technologies will be required in more situations.George Huefelder is from the Massachusetts Alternative Septic System Test Center, athird party tester of innovative technologies. He discussed how Florida had a sustainable way of removing nitrogens, and how do the same systems can work in the north as opposed to the south. The system he spoke of requires 18” of sand for nitrification and 18” of a sand-sawdust mix for denitrification, and seventy years is the average lifespan of the system. They recently received a grant from the EPA to test twelve systems, and installed six in seasonal homes and six in year-round property.

The end goal is to have this be an acceptable modification to a leach field design to be used in nitrogen-sensitive areas. Locke asked what the timeframe is and where the state will allow installations. Huefelder responded that it could be approximately two years, and Falmouth will probably be one of the first require IA systems.

The Board thanked the Wastewater Committee and George Huefelder for their time and would like to work with them in the future.

2018 Board of Health Meeting Schedule-Accepted by the Board of Health.

Correspondence-No correspondence to note.

Licenses-The Board signed licenses on file with the Health and Conservation Department.

Minutes

The minutes of October 11, 2017 were tabled to the December meeting.

The meeting was adjourned by consensus at 9:12 P.M.

Public Record: Variances are in the permanent Board of Health files