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BOH Minutes

Meeting date: 
Wednesday, April 11, 2018

 

Wellfleet Board of Health

Wellfleet Senior Center, 715 Old King's Hwy

April 11, 7:00 PM

Present: Chair Kenneth Granlund; Janet Drohan, Gary Locke

Regrets: Nick Picariello; Moe Barocas

Others Present: Health Agent Hillary Lemos; Attorney Ben Zehnder; Attorney Eliza Cox; Tim Brady of East Cape Engineering; David Lajoie of FELCO Engineering; Alfred Pickard; Curt Felix; Alex Hay; Helen Miranda Wilson

Alex Hay and Curt Felix were present to give more information on the proposed new position by the Comprehensive WasteWater Management Planning Committee and Board of Water Commissioners. Hay and Felix presented to the Board educational materials that will be used at Town meeting: Wellfleet Water Resources Management: An Integrated Approach. They discussed going into the next implementation phase, but have not finalized the plan as of yet. Felix stated that they have come up with a draft set of an alternative-based set of strategies, and need to implement the plan.

Drohan requested to know why the Board of Health is hearing about this new hire proposal after it has been placed as a Warrant Article. Hay responded that this came up very fast with timing for Town Meeting. Chair Granlund asked Hay and Felix what they expect from the Board members at this time, and doesn’t know feel that the Board would be comfortable supporting this, and suggested regionalization. Hay and Felix explained that this position will not be regionalized. Felix explained that there are two different decisions to make: alternative solutions or septic. Drohan explained that the Board’s concern is the aquafir.

Chair Granlund opened up the discussion to the audience.

Helen Miranda Wilson stated that she was a former Water Commissioner. She felt that this job description was too broad, and she believes that the different Boards and Committees need to communicate more.

Chair thanked Felix and Hay for their time.

Farm Animal Permits-No permits at this time

Variances-

Capuano-35 Holbrook Avenue Map 20/Parcel 138 (Continued)

David Sadowski of Sadowski Engineering, Inc. presented, as requested in the letter of March 6, 2018, Sadowski plan, dated February 19, 2018, and grant the six (6) variances for a septic system upgrade for an existing dwelling owned by John Capuano and Dennis Melvin Wellfleet Assessors Map #20, Parcel #138):

  1. Title 5 Section 15.212: Depth to Groundwater A variance is requested from the requirement that a minimum vertical separation distance between the bottom of the stone underlying the soil absorption system above the high ground-water elevation be 5' in soils with a recorded percolation rate of two minutes or less per inch. A 4' vertical separation distance is proposed.
  2. Wellfleet Board of Health Regulations, Section 601: A variance is requested from the requirement that the leaching field be at least 100 feet from a water-course. The proposed leaching system is located 80' from the wetland
  3. Wellfleet Board of Health Regulations, Section 601 (B). Variances are requested from this provision, which requires the septic tank and the leaching facility to be at least I ' below the existing natural grade when in the 100-year floodplain. The proposed septic field is proposed to be 2.5' above the existing natural grade, and the top of the septic tank and the top of the pump chamber are proposed to be 1 ' above the existing natural grade.
  4. Wellfleet Board of Health Regulations. Section 607. If necessary, a variance is requested from this provision, which requires the use of a nitrogen reducing system when there is a variance from the required 100' separation between a drinking water supply well and a soil absorption system. Here, a nitrogen reducing system is proposed, as the proposed soil absorption system is located 51 ' from each of the two existing wells on Mr. Melvin's Property.

And the following approvals are being sought:

  1. Title 5. Section 15.405(1 )(a). Local approval is sought to reduce the system location setbacks set forth in Section 15.211 for the soil absorption field to the property lines at 85 Holbrook Avenue (Map 20, Parcel 139) from the required 10' to 6.4' and 99 Holbrook Avenue (Map 20, Parcel 136) from the required 10' to 6'.
  2. Title 5. Section Local approval is sought for a 25% reduction in the required subsurface disposal area design requirements.
  3. Title 5, Section 15.405(1)(g). Local approval is sought for the reduction of system location setbacks from private water supply wells from the required 100'. As proposed, the soil absorption system is located 51 ' from each of the two existing wells.

Sadowski explained that after reviewing the plans and Town water accessibility, they didn’t feel they could bring utilities down to the site, and the well would qualify for drinking water.

Pickard asked if they asked and exhausted the possibility of connecting to Town water, and have the lawyers looked to see who owned the easement. Locke explained that the approval wasn’t contingent on Town water.

Gary Locke moved to approve Sadowski plan dated 2/19/2018 and grant the six (6) variances requested in the letter of March 6, 2018, for the upgrade of a septic system to serve a 7-bedroom structure for an existing dwelling at 35 Holbrook Avenue (Assessors Map #20, Parcel #138) using Microfast .90 denitrification technology under the general use approval category subject to the following conditions:

  1. Design flow is to be limited to 770 gpd, to serve seven (7) bedrooms (7 bedrooms located between two structures)
  2. There shall be a 25% 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 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.

Drohan asked how far away is the well, and asked if the water could be tested more frequently.

Drohan seconded, and the motion carried 3-0. 

McMahon-45 Bond Street Map 36/Parcel 115-Moved to the end of the meeting

Woodes-55 Commercial Street Map 15/Parcel 101

A plumbing variance had been requested to replace the piping with PVC rather than cast iron, but was denied by the Commonwealth of Massachusetts Board of Examiners of Plumbers and Gas Fitters, and the plumbing will remain cast iron. The Board is requesting a septic inspection performed prior to any business being conducted.

Moved to have a septic inspection by Drohan, Seconded by Chair Granlund, and the motion carried, 3-0.

Field-132 Cliff Road Map 24/Parcel 112-moved to the end of the meeting

Arms-1556 Baker Avenue Map 14/Parcel 164

David Lajoie of FELCO Engineering, Inc. presented, as requested in the letter of March 26, 2018, Felco Engineering, Inc. Plan # 17091 dated March 23, 2018, nine (9) variances for a septic system upgrade for an existing dwelling owned by Richard & David Arms, Wellfleet Assessors Map #14, Parcel #164:

310 CMR 15.211

  1. 7’ from septic tank to cellar (slab) (locus)
  2. 10’ from leach area “A” to cellar wall (Parcel 146)
  3. 4’ from leach area “B” to property line (Baker Avenue)
  4. 4’ from leach area “A” to property line (Holbrook Avenue)
  5. Less than 10’ from leach areas to water supply line

310 CMR 15.221(7)

  1. Depth of cover over septic tank
  2. Depth of cover over pump chamber

310 CMR 15.240

  1. 25% reduction in required leach area capacity

310 CMR 15.255

  1. Modify 5’excavation for construction in fill

Lajoie stated that is a small lot, and it’s impacted by a well, and that there was poor soil down deep and there will need to be a pump to two separate leeching areas. Lajoie explained that they are trying to stay away from the trees on the site.

Gary Locke moved to approve FELCO Engineering, Inc. Plan #17091, dated March 23, 2018 and grant the nine (9) variances requested in the letter of March 26, 2018, for the upgrade of a septic system to serve a 4-bedroom structure for an existing dwelling at 1556 Baker Avenue (Assessors Map #14, Parcel #164) subject to the following conditions:

  1. Design flow is limited to 440 gpd (332 gpd provided) to serve (4) four-bedrooms
  2. There shall be a 25% 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.  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.
  6. An inspection of pumps, alarms, and other equipment including distribution lines with results submitted to the Health Office by 1/31 of each year.
  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 deed recording shall be submitted to the Health Department prior to the issuance of the Disposal Works Permit.

Drohan seconded, and the motion carried 3-0.  ·

Dalby-239 Holbrook Avenue Map 14/Parcel 150

David Lajoie of FELCO Engineering, Inc. presented, as requested in the letter of March 26, 2018, FELCO Engineering, Inc. Plan # 17088, dated February 12, 2018, three (3) variances for a septic system upgrade for an existing dwelling owned by Clifford T. Dalby, Trustee, Wellfleet Assessors Map #14, Parcel #150) subject to the following conditions:

  1. R 15.211
  1. 4’ from leach area to property line (Parcel 151)
  2. 24% + reduction in leach area capacity
  3. 62’ from leach area to wetland

Lajoie explained that there needs an upgrade for a four-bedroom house. There is an isolated well to the northwest side of the property, there is an existing tank to the north of the main house, two retaining walls, and two leech fields that have failed. The retaining walls would have to be removed to install a leech area, and that would be within the isolated wetland area. He proposed putting the leach area closer to the wetland.

Gary Locke moved to approve FELCO Plan #17088, dated February 12, 2018 and grant the three (3) variances requested in the letter of March 26, 2018, for the upgrade of a septic system to serve a 4-bedroom structure for an existing dwelling at 239 Holbrook Avenue (Assessors Map #14, Parcel #150)

  1. Design flow is limited to 440 gpd (333 gpd provided) to serve (4) four-bedrooms
  2. There shall be a 24% 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. An inspection of pumps, alarms, and other equipment including distribution lines with results submitted to the Health Office by 1/31 of each year.
  6. Bi-annual pump out of the existing 1000-gallon septic tank is required, with log of septage disposal copied to the Health Department.

Drohan seconded, and the motion carried 3-0. 

Field-132 Cliff Road Map 24/Parcel 112-Continued to the May 9th meeting

McMahon-45 Bond Street Map 36/Parcel 115- Continued to the May 9th meeting

Business-

Alex Hay-Warrant Article Discussion: The Chair moved this discussion to the first item on the agenda.

At 7:55 P.M. the Board members continued the discussion from previously in the meeting. Drohan said the Board should vote, and Granlund and Locke said there is no reason to since the warrant was already printed. They discussed that the last time Hay and Felix were present was in November of 2017, and it was for reporting purposes.

The Board of Health discussed having Health Agent Hillary Greenburg-Lemos write a letter for Town meeting stating that the Board members were neither for nor against the new hire proposal.  They also discussed that they would have Health Agent Lemos draft a letter stating they were against it, and they would sign it in time to present and have it on record for Town Meeting. There was no vote taken at this time.

Alfred Pickard-Transfer Station Discussion: Pickard was present to state there is a concern: when the transfer station scale doesn’t work there has been a system where you pay as you go. Pickard suggested a policy set by the Board for when the scale doesn’t work.

The Board members discussed a policy that could read: If a resident has a commercial permit for the transfer station, they should not be turned away. Requirements for transfer station items, regardless of scale conditions, should be accepted at the annual average of the month.

Change of Use-Nothing to note at this time

Correspondence-Nothing to note at this time                                                                                                                                          

Licenses-Licenses were signed by the Board of Health members and are on file with the Health and Conservation Department

Minutes-

Moved to approve the minutes of February 14, 2018 by Locke.

Seconded by Drohan, and the motion carried 3-0.

The meeting adjourned by consensus at 8:05 P.M.

Public Record:

-All Variance requests and plans are on file at the Health and Conservation Office

- Wellfleet Water Resources Management: An Integrated Approach