BOH Minutes | Wellfleet MA

Meeting date:

Wednesday, December 9, 2015

Wellfleet Board of Health

Minutes of Meeting of December 9, 2015

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

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

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

Kierstead, 45 Highland Avenue (Map 35, Parcel 174) Septic Plan

David Lajoie of Felco, Inc. explained the request for 45 Highland Avenue. He said it was a three-bedroom house without a plan on file. FELCO Plan #15057 for the existing septic system is now sufficient for the property.

Janet Drohan moved to approve FELCO Site & Sewage Plan #15057, dated August 29, 2015 for 45 Highland Avenue (Map 35, Parcel 174). Gary Locke seconded, and the motion carried 4-0.

Kempe, 80 E Street, Lt. Island (Map 40, Parcel 29) Variance*

David Lajoie of Felco presented the plan for Robert Kempe of 80 E Street (Map 40, Parcel 29). There is an existing well and cesspool. The property is ready to be sold, and the well needs relocation. He sought two variances: 4’ from the leach area to the property line of 4^th Avenue, a paper road, and 30’ from the leach area to the wetland on E street. The Conservation Commission has given its approval.

Gary Locke moved to approve FELCO Plan #15052, dated September 25, 2015, for 80 E Street (Map 40, Parcel 29) with the following standard conditions:

1. Design flow is to be limited to 234 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. 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.

Barocas seconded, and the motion carried 4-0.

Thompson, 90 E Street, Lt. Island (Map 40, Parcel 30) Variance*

David Lajoie of Felco presented the plan for 90 E Street (Map 40, Parcel 30). The leeching pit is getting close to failure, he said. The owners, John and Annette Thompson, wish to upgrade it. He requested four variances:

1.) 3’ from leach area to property line (Parcel 31) – 310 CMR 15.211

2.) 14’ from leach area to cellar wall (Locus)

3.) 17’ from leach area to wetland (wet meadow) – Wellfleet BOH regulations

4.) Leach area within flood zone

They have received Conservation Commission approval for the work, Mr. Lajoie said.

Moe Barocas moved to approve FELCO Plan #15068, dated October 25, 2015 for the four variances requested in the letter of November 17, 2015 for the three-bedroom dwelling at 90 E Street, Lieutenant Island, subject to the following standard conditions:

1. The design flow is to be limited to 333 GPD, to serve 3 bedrooms

2. No increase in habitable area without Board of Health review. New wells

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. Bi-annual pump out of the existing 1000 gallon septic tank is required, with log of septage disposal copied to the Health Department.

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.

8. 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 31^st of each year for the previous calendar year.

Janet Drohan seconded, and the motion carried 4-0.

Jenkins, 200 Holbrook Ave. (Map 14, Parcel 160) Variance Discussion

David Lajoie of FELCO and the owner Pricilla Jenkins returned to present a plan that did not require an alternative technology system at 200 Holbrook Ave. (Map 14, Parcel 160). There is an abutter’s letter objecting to the proposal, Hillary Greenberg-Lemos said. Town water is available to the abutter, who is not currently connected to the Municipal Water System. Mrs. Jenkins explained that both properties still have cesspools. The Board considered requiring water testing of the abutter’s well. The abutter at Parcel 162 also has a cesspool while the abutter at Parcel 161 is on the Town Water System. Janet Drohan recommended getting baseline water testing for Parcel 162. The Health Agent suggested research on the transfer of property at Parcel 161 because an upgrade of the septic system should have been done at that time.

Health Agent Hillary Greenberg read into record the abutter’s letters of December 4, 2015, and August 11, 2015, both expressing John Morin’s opposition to any plan other than an alternative technology system.

Mrs. Jenkins said she was willing to wait for the additional research before the Board made another decision. The Board of Health agreed to continue the case until the January 13, 2016 meeting.

Janet Drohan moved to continue the case to January 13, 2016. Locke seconded, and the motion carried 4-0.

Jacobs, 60 Old Salt Lane (Map 41, Parcel 56) Variance*

John O’Reilly of O’Reilly Associates presented the plan for 60 Old Salt Lane (Map 41, Parcel 56) on behalf of William and Jane Jacobs. He requested two variances for the property:

1.) set back of 8’ for the southerly property line

2.) 27’ variance from wetlands

There will be no expansion of flow, he said. Health Agent Hillary Greenberg-Lemos questioned the number of five existing bedrooms because records did not go back to when the house was built.

Janet Drohan moved to approve the J.M. O’Reilly & Associates Plan JMO-8064 dated November 2, 2015 and grant the two variances for the grandfathered five-bedroom home subject to the following standard conditions:

1. Design flow is to be limited to 561 GPD, to serve five (5) bedrooms.

2. No increase in habitable area without Board of Health review. New wells

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.

Moe Barocas seconded, and the motion carried 4-0.

Request by Curtis Felix for 2207 State Highway (Map 23, Parcel 217)

Curt Felix had submitted a letter, dated December 1, 2015, outlining a conversion of the property at 2207 State Highway, which he now owns. He came before the Board and explained his proposed change from a restaurant to two offices and two 1- bedroom apartments. The kitchen would stay in place as a commissary kitchen, he said. The overall septic flow would be reduced, according to Mr. Felix. He has submitted applications for four Special Permits from the Zoning Board of Appeals.

He was now before the Board of Health with a request to use a port-a-potty on the site while the structural changes were being made and a decision on the type of septic system required is made. Mr. Felix is working with FELCO on a septic plan since the use would not be residential. He will come back to the Board with a completely designed septic plan. His asked approval for a food truck to operate at the location. The Health Agent has a letter from the previous owner’s attorney stating that the property will not be used as a restaurant until the septic upgrade is done.

The Board discussed the pro’s and con’s of encouraging food trucks in Wellfleet. Michael Banghart, co-owner of the food truck with John Arsenault, recounted their experiences attempting to get their business operating.

Ken Granlund moved to allow the use of the property at 2207 State Highway specifically for the use of the food truck Solace. Gary Locke seconded, and the motion carried 4-0.

Change of Use: Roderick, Unit 2, 489 Rte. 6 (Map 42, Parcel 129)

In a letter dated September 12, 2015, Stephen Roderick had requested a change of use for Unit 2, 489 Route 6, which triggered a Board of Health review. The unit has been used as an office unit, and Mr. Roderick asked approval for changing Unit 2 into a one-bedroom apartment. An adequate Title 5 exists since the unit was included in the bedroom count for the septic system even though previously it had not been intended for use as a bedroom.

Gary Locke moved to accept the change of use for Unit 2, 489 Route 6 (Map 42, Parcel 129). Moe Barocas seconded, and the motion carried 4-0.

Request by Robert Paine for 116 Old King’s Highway (Map 23, Parcel 78)

In a letter dated October 16, 2015, Robert Paine explained a plumbing code variance to use PVC piping which he is seeking from the Board of State Examiners of Plumbers and Gas Fitters. The state requires a Wellfleet Board of Health approval first. The letter detailed the construction of an accessory building at 116 Old King’s Highway for a shellfish storage/packing facility. Use of PVC piping, instead of cast iron piping, had been the recommendation of the Wellfleet Plumbing Inspector, he said. He requested a letter to be forwarded to the Massachusetts Plumbers and Gas Fitters from the Board of Health, accepting the PVC piping.

Gary Locke moved to approve Robert Paine’s application to the state Plumbing Board for the use of PCV piping in his shellfish storage/packing facility, based on the Plumbing Inspector’s recommendation since Wellfleet Board of Health does not have requirements for piping this kind of facility.

Moe Barocas seconded, and the motion carried 3-1.

Licenses

Board members approved and signed the licenses presented for consideration.

Minutes

Moe Barocas moved to approve the minutes of August 12, 2015. Janet Drohan seconded, and the motion carried 3-0.

Janet Drohan moved to approve the minutes of September 9, 2015. Gary Locke seconded, and the motion carried 3-0.

Correspondence

Health Agent Hillary Greenberg-Lemos reviewed items of interest in the Correspondence File.

Business Discussion

The Health Agent and the Board discussed the possibility of making inspections of rental properties. This is a topic that could be given future consideration.

Adjournment

The meeting was adjourned by consensus at 8:24 p.m.

Respectfully submitted,

Mary Rogers

Committee Secretary

Public Records Material of 12/9/15

1.) Letter from Curtis Felix dated 12/1/15

2.) Letter from Stephen Roderick dated 9/12/15

3.) Letter from Robert Paine dated 10/16/15

*All variances are filed in the Board of Health permanent records