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Board of Health

Meeting date: 
Wednesday, June 11, 2014

Approved

Wellfleet Board of Health

Meeting Minutes June 11, 2014

Senior Center, Long Pond Room, 7:00 pm

 

Attendees:  Richard Willecke, Ken Granlund, Janet Drohan, Gary Locke

Regrets:  Lezli Rowell

 

 

Chair Willecke opened the meeting at 7:00 pm

 

  1. Title V Variances Requests

 

Simone, 11 Samoset Ave., Map 28, Parcel 185.  John Schnaible represented the applicant and gave an overview of the project stating this is a septic system repair on a seasonal dwelling.  There is currently a cesspool and well approximately 30’ apart.  The well will be moved to the rear of the property and a singulair septic system will be installed for the septic.  Gary Locke moved to approve Coastal Engineering Plan C18033 dated 05/12/14 and grant the 14 variances requested in the letter of 05/19/14 for the upgrade of a septic system to serve a two bedroom structure, a grandfathered, non-conforming dwelling (with respect to the Nitrogen Loading Limitation) using Singulair Bio-Kinetic SESI 600 gpd Nitrogen removal, Model 960 NR under the remedial use subject to the following conditions:

  1. Design flow is to be limited to 220 gpd, to serve two 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.   Ifr 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 years 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 Ken Granlund; passed

           4-0.     

 

Carnduff, 20 Freeman Ave, Map 14, Parcel 97:  Mr. Carnduff stated the house has been owned over 30 years and he was aware there was not a 100’ separation between the well and septic.  The water tests have come back acceptable.  The house is on the market and he is requesting a variance because it is not possible to have a 100’ separation based on the size of the lot.  Agent Greenberg-Lemos stated the water is potable and the septic system is functioning fine.  Gary Locke questioned why no plans were submitted and also asked why an upgrade is not required.  He was concerned this is not a Title 5 as required in today’s code with an addition of a “D” box.  The Board agreed that they would like a site plan submitted that identifies the well and septic location.  Ken Granlund moved to approve the variance; seconded by Richard Willecke; failed 2-2.  Gary Locke moved that a site plan be provided in accordance with the guidelines of the Board; seconded by Janet Drohan; 3-1; passed.      

 

Riley & Baranowski, 130 Pleasant Point Rd., Map 35, Parcel 104.   David Lajoie represented the applicant and stated the property is for sale and the upgraded system will take place in the fall.  The stated there is currently a cesspool and no wells will be impacted because there is a public water supply in the area.  Gary Locke requested an additional test hole be performed at the edge of the leach area.  Janet Drohan moved to approve Felco Plan 14023 dated 04/24/14 and grant the five variances requested in the letter of 05/23/14 for the upgrade of a septic system to serve a two bedroom structure, a grandfathered, on-conforming dwelling subject to the following conditions:

  1. Design flow is to be limited to 233 gpd, to serve two 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. 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

 

II.        Business

            Herring Creek Condo’s, 34 Eric’s Way David Lajoie represented the owners and proposed various locations for a new leach area and asked if a secondary treatment was necessary.   He proposed 2 options and the Board discussed the topography with hills as well as wetland resources.  David Lajoie will come back to the Board at a later date.

 

            Pig Discussion:  Agent Greenberg-Lemos stated there have been some complaints regarding a pot-bellied pig in a residential area.  There are farm animal regulations and she questioned the Board if this is a domesticated animal vs. a farm animal.  The Board felt the pot bellied pig is considered a domestic animal and Agent Greenberg-Lemos will contact the people who complained about the pig and express the Board’s definition.

 

            Laura Kelly came to the Board to discuss NStar spraying of herbicides.  She stated 8 towns on Cape Cod were sprayed in 2013 and the application is like a blower, not treating individual trees.  She produced photographs that identified damage done to ground cover in Harwich.  She stated no research has been done on the products being used and would like the Board’s support to place a cease and desist on the spraying of the power lines in Wellfleet.  A doctor stated all the physical disorders that can happen to people, his concern about the poisons in the ground water, and stated every town on the Cape has been opposed to the spraying on the power lines.  Ms. Kelly stated MDAR has given permission to NStar to use 5 herbicides for the spraying on Cape Cod and she feels there has not been enough studies done to determine the detriment to water supplies or people.  Four interested citizens of Wellfleet spoke their objection to the spraying.  Ms. Kelly stated there are people who support the ban of spraying and could write the “words”, using correct language that a lawyer would know, and proceed hopefully with a cease and desist in spraying Wellfleet.  She requested the Board of Health support the effort of a cease and desist so she could go before the Board of Selectmen.  Agent Hillary Greenberg stated Town Counsel has already informed the town that they cannot override MDAR.  Ms. Kelly stated there have been numerous meetings with the various agencies, including MDAR, Cape Cod Commission, other groups against herbicides, etc. and it turned out to be an educational situation with no action.    Agent Greenberg-Lemos requested reports and paperwork that has hard evidence of damage.  Ms. Kelly stated no water tests have been done in the 8 towns on Cape Cod.  She also stated NStar will not give dates when they are spraying and are required to place an ad in a local paper 48 hours prior to spraying.  Agent Greenberg-Lemos will talk to Harry Terkanian and requested information on who could perform lab testing.  Chair Willecke stated there should be baseline water testing to determine if there has been any poisoning.

 

Ms. Kelly asked the Board the status of Wellfleet’s fertilizer regulation and Agent Greenberg-Lemos stated the Conservation Commission is reviewing the various options.

 

  1. Licenses - signed

 

  1. Minutes:   Richard Willecke moved to approve the amended March 12, 2014, April 9, 2014, and May 14, 2014 meeting minutes; seconded by Janet Drohan; passed 3-0.

 

5.         Correspondence

 

Agent Greenberg-Lemos discussed various brochures, letters of correspondence. 

 

Ken Granlund moved to adjourn at 8:45 pm; seconded by Gary Locke; passed 4-0.,

 

Respectfully submitted,

 

 

Christine A. Bates, Committee Secretary