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BOH Minutes

Meeting date: 
Wednesday, February 14, 2018

            Wellfleet Board of Health

               February 14, 2018 at 7:00 P.M.

                 Wellfleet Council on Aging, 

                  715 Old King’s Highway

Present: Chair Kenneth Granlund; Janet Drohan, Gary Locke; Moe Barocas

Regrets: Nick Picariello

Others Present: Health Agent Hillary Lemos; Attorney Ben Zehnder; Attorney Eliza Cox; Tim Brady of East Cape Engineering; David Lajoie of FELCO Engineering

  1. Farm Animal Permits

Variances:

  • The Wagner at Duck Creek-70 Main Street (Map 15, Parcel 5)

Tim Brady of East Cape Engineering presented, as requested in the letter of January 18, 2018, for the plan  dated October 23, 2017, (1) one variance for the repair of the pump chamber an existing to serve an 80-seat restaurant and 1800 sf retail space owned by The Wagner at Duck Creek LLC, Assessors Map 15, Parcel 5:

310 CMR 15.405

  1. 3.0’+/- to the 3.0’ maximum cover allowed over proposed pump chamber

Brady explained that because of structural issues, they will replace the tank and repair the pump chamber. They will also provide an as-built to the Board of Health when construction is completed. The Health Agent explained that the Board is comfortable with the submission.

Gary Locke moved to approve plan dated 10/23/2017, and grant the (1) one variance, as requested in the letter of January 18,2018 for for the repair of the pump chamber an existing to serve an 80-seat restaurant and 1800 sf retail space, subject to the following conditions:

  1. Design flow is limited to 3228 gpd to serve an 80-seat restaurant and 1800 sf retail space
  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 conditions deed recorded shall be submitted to the Health Department prior to the issuance of the Disposal Works Permit.
  3. Pumps, alarms and other equipment requiring periodic or routine inspection and maintenance shall be operated, inspected and maintained in accordance with the manufacturer’s and the designer’s specifications and Department guidance. I no instance shall inspection be performed less frequently than once every three months for a system serving a facility with a design flow of 2,000 gallons per day or greater and annually for a system serving a facility with a design flow of less than 2,000 gallons per day.  The system owner shall submit the results of such inspections to the local Approving Authority annually by January 31st of each year for the previous calendar year.

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

  • Roberts-15 Harding Lane (Map 15, Parcel 45)

Jason Ellis of JC Ellis presented, as requested in the letter of January 23, 2018, for the plan dated January 24, 2018, and grant the (9) nine variances for a septic upgrade for an existing dwelling/office building owned by Sarah Roberts, Assessors Map #15, Parcel #45:

  1. CMR 15.211
  1. 46’ from proposed SAS to proposed well (Locus)' 100 Required, 54’ provided, 46’ variance requested)
  2. 22’ from proposed SAS to existing well (Parcel 44) (100’ required,78’ provided, 22’ variance requested)
  3. 9’ from proposed SAS to lot line (Parcel 46) (10’ required, 1’ provided, 9’ variance requested)
  4. 9’ from proposed SAS to lot line (Road) (10’ required, 1’ provided, 9’ variance requested)
  5. 8’ from proposed SAS to foundation wall (Locus) (20’ required, 12’ provided, 8’ variance requested)
  6. 4’ from proposed septic tank to lot line (Road) (10’ required, 6’ provided, 8’ variance requested) 8’ from proposed pump vault to lot line (Road) (10’ required, 2’ provided, 8’ variance requested)

310 CMR 15.248

  1. 27% reduction in required size of SAS (298 S.F. required, 232 S.F. provided, 66 S.F. variance requested)

310 CMR 15.228

9.No reserve required

Gary Locke moved to approve the plan dated January 24, 2018, and grant the (9) nine variances, as requested in the letter of January 18, 2018, for the upgrade or (construction) of a septic system to serve a three-bedroom structure, a grandfathered, non-conforming building (with respect to the nitrogen loading limitation)* (For I/A Technology using Advantix AX 20 Denitrification Technology under the Remedial approval category with floor plans to be used by the Health Agent. (For new construction) with floor plans to be reviewed by the health agent with the following conditions:

  1. Design flow is limited to 220 gpd to serve (2) two-bedrooms
  2. There shall be a 22% reduction in size of leach area
  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. The new well shall be connected and put in service under the benefit of proper plumbing and electrical permits, and the well shall be tested and found potable, with results copied to the Health Department, prior to the issuance of the Disposal Works Permit.
  6. 3.a) 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.
  7.  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
  8. 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. Per ‘General Use’ approval of “ADVANTAX AX-20” denitrification treatment unit, 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. Monitoring shall include testing the effluent for the following parameters: temperature, pH, nitrate, ammonia and TKN.  The influent shall be sampled for these parameters once annually. 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. Upon transfer of deed this schedule shall be restarted.

Ellis explained that there was an easement that expired with the previous owner, and he is presenting an updated plan with additional variance requests, the plan has not changed, but the amount of variances changed from seven to nine variances.

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

  • Kraske-25 Ryder Court (Map 14, Parcel 18)

David Lajoie of FELCO Engineering, Inc. presented, as requested in the letter of 2/1/2018, for plan 16075, dated 12/21/2017, (9) nine variances for a septic upgrade for an existing dwelling/office building owned by Pontbriant/Kraske, Assessors Map #14, Parcel #18:

310 CMR 15.211

1.22’ from proposed septic tank to well (Parcel 20)

2. 4’ from septic tank to property line (Parcel 20)

3. 47’ from leach area to proposed well (Locus)

4. 39’ from leach area to well (Parcel 17)

5. 46’ from leach area to well (Parcel 20)

6. 4’ from leach area to property line (Parcel 19)

7. 4’ from leach area to property line (Street)

8. 6’ from leach area to cellar wall (Locus)

310 CMR 15.405 (1) ( c )

  1. 20 % reduction in required leach area capacity

Gary Locke moved to approve Felco Plan # 16075, and grant the (9) nine variances, as requested in the letter of 2/1/2018, for the upgrade or (construction) of a septic system to serve a four-bedroom structure, a grandfathered, non-conforming building (with respect to the nitrogen loading limitation using Advantax AX 20 Dentrification Technology under the Remedial approval category with floor plans to be used by the Health Agent.

  1. Design flow is limited to 440 gpd to serve (4) four-bedrooms
  2. There shall be a 20% reduction in size of leach area
  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. The new well shall be connected and put in service under the benefit of proper plumbing and electrical permits, and the well shall be tested and found potable, with results copied to the Health Department, prior to the issuance of the Disposal Works Permit.
  6.  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
  7. 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.

   8.  Per ‘General Use’ approval of “ADVANTAX AX-20” denitrification treatment unit,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. Monitoring shall include          testing the effluent for the following parameters: temperature, pH, nitrate, ammonia and TKN.                The influent shall be sampled for these parameters once annually. 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. Upon transfer of deed this schedule shall be restarted.

Lajoie said the original proposal read a two bedroom but it is a four-bedroom structure, and FELCO needs to propose a new well.

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

  • Capuano-35 Holbrook Avenue (Map 20/Parcel 38) (Continued)

Attorney Eliza Cox said Sadowski Engineering originally proposed a tight tank, and they followed the request for title five approval. Cox stated that two proposed plans have been presented for this meeting: one plan shows a 25% reduction SAS system which is permittable as a local upgrade under Title V, and the other is a fully compliant SAS system.

Sadowski explained that the effluent enters a disposal area at about 60 mg per liter, and when it exits the system it drops to approximately 19 mg per liter which is acceptable by the DEP. The tubing can get within five feet of a foundation and can be built into the side of the hill. The 25% reduction system is something they would like to pursue.

Locke asked about the AE system, and Sadowski showed the Board maps of the Zone AE EL 14.

asked where is the blower located. Sadowski explained that there is a blower that will have a vault and a covered to finished grade, but there are a couple of different options available. Locke suggested connecting to Town water, and the blower location should be shown on the plan. Sadowski also explained the system is 51 feet from the wells.

Locke said pending the verification of the flood zone would have to be reflected. The Board members agreed that connecting to Town water would be an improvement. Chair Granlund is for the 25% reduction plan, but would like to know about the Perc-rite.

At 7:45 PM the Board moved the discussion to the end of the meeting.

 

 

  1. Change of Use:           Nothing to note at this time

 

  1. Business:-Discussion: Shelton: 15 Ring Road

Attorney Ben Zehnder discussed the significant sodium levels from five different tests conducted between August 2017 and November 2017, and that the client would like to put in a reverse osmosis system. Zehnder would like to suggest a contract for installation and returning to the Health and Administration Department twice a year with water tests and results. The client requested proceeding with reverse osmosis technology and be tested twice per year. Chair Granlund suggested the Board should allow the process to begin, and revise it at a later date. The Board agreed to allow the system to be installed and have it tested twice a year.

Capuano: Continued at 8:10 P.M.

Cox responded to the Board’s request stating that Sadowski would like the 25% plan approved because an added cost will be associated with connecting with Town water.

Pending a revised plan with the correct variances and the blower location and the water line; and if the water service comes within ten feet there has to be a sleeve.

Moved to approve the plans by Locke

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

  1. Licenses: Licenses were signed by the Board of Health and are on file at the Health and Conservation Department
  2. Minutes:

Moved to approve the minutes of January 10, 2018, as amended, by Barocas.

Seconded by Chair Granlund, and the motion carried, 4-0.

Correspondence  

-DPW and Health and Conservation Map 7/Parcel 24

The meeting was adjourned by consensus at 8:20 P.M.

Public Record: All variance requests on file with the Health and Conservation Department