Approved Board of Health Mtg Min 07/08/15

Meeting date:

Wednesday, July 8, 2015

Wellfleet Board of Health

Minutes of Meeting of July 8, 2015

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

Present: Chair Ken Granlund Jr.; Janet Drohan, Moe Barocas; Health Agent Hillary Greenberg-Lemos, and Mary Rogers, Committee Secretary

Regrets: Gary Locke

Chair Ken Granlund called the meeting to order and opened the public hearings at 7:00 p.m. The meeting was tape-recorded.

Farm Permit: Flanagan, 494 Old King’s Highway (Map 23, Parcel 147), Farm Animal/Stable Permit for: 20 Chickens, 1 Llama, 3 Horses and 10 Alpacas.

Mr. & Mrs. Michael Flanagan came forward with their request to change their farm animal/stable permit to farm permit. Their submitted abutter notifications, water reports and manure management plans were all in order, Health Agent Hillary Lemos said.

Janet Drohan moved to grant the amendment to their existing farm permit. Moe Barocas seconded and the motion carried 3-0.

Variance: Bromberg, 195 Samoset Rd., (Map 28, Parcel 97)

Engineer John O’Reilly and Attorney Ben Zehnder explained the plans which were before the Board. Mr. O’Reilly said the Brombergs plan to tear down the existing house and construct a 2-bedroom replacement single family dwelling. There are no alterations to the septic system which is designed for a 2-bedroom home. The applicant was coming before the Board of Health because of a prior condition to return in the event of an increase of volume in living area of the house.

Abutter Kevin Coady submitted his concerns in writing and spoke about potential additional bedrooms, the abutters’ wells, and setbacks. Jeff Zinn, abutter to the south of the property, had questions and comments on the new plan, particularly the basement area. Myla Kabat-Zinn, co-owner of the Zinn property, spoke about the distance between her family’s well and the Bromberg’s septic system.

Health Agent Hillary Lemos said there was a decrease in the nitrogen readings for the Bromberg property since 2005. Mr. O’Reilly also explained the design of the leaching field. Chair Granlund and the Health Agent reviewed what is in the purview of the Board of Health.

Janet Drohan moved to approve the increase in habitable space with the conditions that there is to be no bathroom in the basement and that the storage space indicated on the plan is to remain unfinished. Moe Barocas seconded, and the motion carried 3-0.

Food Code Variance: Winslow’s Tavern, 301 Main Street (Map 14, Parcel 1)

Mr. Barry, Sr. requested a variance to allow jelly and jam making at Winslow’s Tavern.

Moe Barocas moved to approve the variance for jam and jelly making at Winslow’s Tavern. Janet Drohan seconded, and the motion carried 3-0.

Variance: TD Bank, 150 Compass Hill Rd. (Map 41, Parcel 61)

Ken Granlund disclosed that his wife worked for TD Bank.

John O’Reilly of J.M. O’Reilly & Associates explained the septic plan for 150 Compass Hill Rd. He said he had added elements to the traditional septic plan. He said the property is in an estate and has been unoccupied for some time. He submitted new plans with MicroFAST 0.5 added for the 2-bedroom home.

Janet Drohan moved to approve the J. M. O’Reilly Plan JMO-7409, dated 5/12/15, using MicroFast.5 denitirification technology with the following conditions:

1. Design flow is to be limited to 304 GPD, to serve 2 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.

6. 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.

7. The system owner shall have a septage Handler service the filter regularly, at least once every year and pump the septic tank in accordance with 310 CMR 15.000. The system owner shall report in writing to the local Board of Health within 30 days of the date of servicing every time the septic tank is serviced.

Moe Barocas seconded, and the motion carried 3-0.

Variance: TD Bank, 65 Old Salt Lane (Map 41, Parcel 70)

Ken Granlund disclosed that his wife worked for the TD Bank.

Mr. O’Reilly explained the proposal to upgrade from cesspools to a Title 5 septic system. He indicated that there was a freshwater wetland nearby and was amenable to relocating the well if necessary. He was interested in a conventional septic system but would come back for an alternative system if the 100 ft. distance could not be met.

Janet Drohan moved to approve the J.M. O’Reilly & Associates Plan JMO-750 dated 7/12/15 with the following conditions:

1. Design flow is to be limited to 558 GPD, to serve 5 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.

6. The system owner shall have a septage Handler service the filter regularly, at least once every year and pump the septic tank in accordance with 310 CMR 15.000. The system owner shall report in writing to the local Board of Health within 30 days of the date of servicing every time the septic tank is serviced.

Moe Barocas seconded, and the motion carried 3-0.

Farm Animal/Stable Permit

Roberts, 1069 Brown’s Neck Road (Map 12, Parcel 272), Chickens (12)

Health Agent Hillary Lemos said that all requirements had been met for the submission for the Farm Animal/Stable Permit at 1069 Brown’s Neck Road.

Drohan moved to approve Amy Roberts’ Farm Animal/Stable Permit for up to 12 chickens. Barocas seconded and the motion carried 3-0.

Business

Appeal of Health Agent’s Determination 114 West Main Street (Map 14, Parcel 37)

Hillary Lemos explained that the nitrate readings had been too high and the ground water was high at 114 West Main Street. The property owner will be connecting to the Municipal Water System, she said.

Drohan moved to over turn the earlier decision provided the owner connects to the Wellfleet Municipal Water System. Barocas seconded and the motion carried 3-0.

Fees Discussion

The Health Agent said there is an ongoing conversation about raising fees. Gary Locke had requested more time to ruminate on this. Board members discussed what kind of coverage of BOH expenses fees provides.

Adjournment

The meeting was adjourned by consensus at 8:40 p.m.

Respectfully submitted,

Mary Rogers

Committee Secretary

The Board of Health approved these minutes at the meeting held 8/11/15.

Public Records 7/8/2015

All Variances and Permits are filed in the BOH permanent records.