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BOH Minutes

Meeting date: 
Wednesday, February 10, 2016

Wellfleet Board of Health

Minutes of Meeting of February 10, 2016

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.

Farm Permit – Parker, 84 Spring Brook Rd. (Map 47, Parcel 28)

Regene Parker explained her request for a farm permit for three to eight (3-8) chickens at 84 Spring Brook Rd.  She had submitted a plot plan locating the chicken shelter on the property and a manure management plan

Janet Drohan moved to approve the Farm Permit issued for 3-8 chickens at 84 Spring Brook Rd. based on the plan submitted.  Gary Locke seconded.  The motion carried 4-0.

Kirsch/Guilderson, 20 Coors Way (Map 13, Parcel 148)

David Lajoie of Felco Engineering and Hugh Guilderson of 20 Coors Way (Map 13, Parcel 148) explained the plan for a sideline variance of four feet.

Gary Locke to approve FELCO Plan #15083 dated December 22, 2015 for one variance of four feet from the leach area to the property line, requested in the letter dated December 23, 2015 for the upgrade of the septic system at 80 E Street (Map 40, Parcel 29) with the following standard conditions:

  1. Design flow is to be limited 220 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. Pump out every other year of the existing 1000 gallon septic tank is required, with log of septage disposal copied to the Health Department.
  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.

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

Oberist, 275 Main Street (Map 15, Parcel 55)

David Lajoie of Felco explained the plan for Oberist of 275 Main Street (Map 15, Parcel 55). Stuart Oberist was present to support the request to discontinue the Innovative Alternative treatment unit.  The Health Agent Hillary Greenberg-Lemos expressed concern that the abutter who had applied for a connection to the Municipal Water System is not yet connected to it.  When the abutter is connected, the variances granted in 2004 will no longer be needed.

Gary Locke moved to approve the request for 275 Main Street (Map 15, Parcel 55)  to discontinue the use of IA pending the connection of the abutter at Map 15, Parcel 56.

Drohan seconded, and the motion carried 4-0.

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

David Lajoie and Priscilla Jenkins came forward to continue the discussion of 200 Holbrook Ave.  Hillary Greenberg-Lemos had reviewed the deeds of the abutters, checked on the abutter’s septic inspections, met with Town Counsel, and is still in the process of investigation.  Ms. Lemos said she is inclined to approve the plan without IA and with the four variances requested. 

Gary Locke moved to approve Felco Plan 15035, dated July 20, 2015 and revised November 11, 2015, for the four (4)  requested in a letter dated November 11, 2015, for the upgrade of a septic system at 200 Holbrook Ave. (Map 14, Parcel 160) :

  1. 4’ from leach area to property line (Parcel 161)
  2. 4’ FROM LEACH AREA TO CELLAR WALL (Slab) (Locus)
  3. 26’ from leach area to well (Parcel 162)
  4. 27’ from leach area to isolated wetland

with the following standard conditions:

  1. Design flow is to be limited to 330 GPD, to serve three (3) bedrooms. 
  2. There is to be no conversion of use without Board of Health review. 
  3. No increase in habitable area 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.

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

Erving Family Nominee Trust, 1115 Cahoon Hollow Rd. (Map 17, Parcel 10)

Eric Mitchel of J.C. Ellis Design Company requested nine (9) variances to construct the new septic system and explained the proposed changes for 1115 Cahoon Hollow Rd. (Map 17, Parcel 10):

1.) 47’ variance from proposed s.a.s. to proposed well. (53’ provided, 47’ variance request)

2.) 9’ variance from proposed s.a.s. to lot line of Way. (1’ provided, 9’ variance request)

3.) 5’ variance from proposed s.a.s. to lot line of Parcel 9 (5’ provided, 5’ variance request)

4.) 7’ variance from proposed septic tank to proposed cellar wall (3’ provided, 7 ‘ request)

5.) 8’ variance from proposed treatment unit to lot line of Parcel 9. (3’ provided, 7’ variance request)

6.) 8’ variance from proposed treatment unit to proposed cellar wall (2’ provided, 8’ variance request)

7.) 8’ variance from proposed treatment unit to proposed cellar wall (2’ provided, 8’ variance request)

8.) 8’ variance from proposed pump vault to lot line of Parcel 9 ( 2’ provided, 8’ variance request)

9.) No reserve area provided (310 CMR 15.248)

Janet Drohan moved to approve the J.C. Ellis Design Septic System Upgrade Plan dated November 22, 2015  and grant the  9 variance for the three-bedroom dwelling located at 1115 Cahoon Hollow Rd. (Map 41, Parcel 67) subject to the following standard conditions.   

  1. Design flow is to be limited 221.3 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 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.

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

Smith, 20 Catboat Road (Map 41, Parcel 67)

Eric Mitchell presented a J.C. Ellis Design Septic System Upgrade Plan dated May 20, 2015, and he requested one variance for the upgrade of the existing septic system at 20 Catboat Road (Map 41, Parcel 67).   This is a voluntary upgrade for a new septic system for John & Helene Smith requires, in accordance to Wellfleet BOH Regulations, Section 601A for one variance of 46’ from the proposed leach field to the watercourse, an isolated vegetated wetland.  Fifty-four feet (54’) are provided; 46’ are requested as a variance.  An abutter had submitted a letter in favor of the plan.

Moe Barocas moved to approve the J.C. Ellis Design Septic System Upgrade Plan dated May 20, 2015 for the three-bedroom dwelling located at 20 Catboat Road (Map 41, Parcel 67) with one variance   subject to the following standard conditions:

  1. Design flow is to be limited 330 GPD, to serve 3 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. Once every other year pump out of the existing 1000 gallon septic tank is required, with log of septage disposal copied to the Health Department.
  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.

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

Pilgrim Springs RT, 60 Springline Drive (Map 29, Parcel 255)

Eric Mitchell of J.C. Ellis Design explained the request for Pilgrim Springs Realty Trust at 60 Springline Drive (Map 29, Parcel 255). 

The request is for seven (7) variances:

1.) 10’ variance from proposed leach field to salt marsh. (40’ provided, 10’ variance request)

2.) 39’ variance from proposed leach field to top of coastal bank (11’ provided, 39’ variance request)

3.) 10’ variance from proposed leach field to cellar wall (10’ provided, 10’ variance request)

4.) 10’ variance from proposed septic tank and treatment unit to top of coastal bank (6’ provided, 19’ variance request)

5.) No reserve area provided (310 CMR 15.248)

6.) 89’ variance from proposed leach field to water course (top of coastal bank) (11’ provided, 89’ variance request)

7.) 44’ variance from proposed septic bank to water course (top of coastal bank) (6’ provided, 44’ variance request)

Gary Locke moved to approve the J.C. Ellis Design Septic System Upgrade Plan dated November 25, 2015 for the five-bedroom dwelling located at 60 Springline Drive (Map 29, Parcel 255) using Advantex AX-20 Denitrification Technology subject to the following standard conditions:

  1. Design flow is to be limited 550 GPD, to serve 5 bedrooms.
  2. A variance has been granted to allow a reduction of 50% in the size of the leach area provided to 550 gpd, should limit to full flow per use.  Any functional or hydraulic failure will necessitate upgrade to Title 5 Code LTAR soil absorptions system calculated to at least 75% of the design flow.
  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 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.

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

Grandin, 22 Kendrick Ave. (Map 21, Parcel 110)

Stephanie Sequin of Ryder & Wilcox and Pam Grandin explained the request for ten (10) variances for Pam and Al Grandin of 22 Kendrick Ave. (Map 21, Parcel 110) in order to install a new septic system to serve an existing two-bedroom house.  The entire lot is within the 100-Year Flood zone and the ACEC.  The system needs to be elevated.   A deed restriction recorded at the Barnstable Registry of Deeds is required to limit the dwelling to two bedrooms.  They have filed with the Conservation Commission.  Jeanne Schaefer, an abutter, was present to support the plan.

The ten variances requested are:

1.)  7’ variance from the proposed septic tank

2.)  6’ variance from the distribution box

3.)  15’ variance from the s.a.s. (soil absorption system)

4.)  3’ variance from proposed septic tank

5.)  1’ variance from distribution box

6.)  4’ variance from s.a.s

7.)  1’ variance from a water line

8.)  3.5 feet for excavation of unsuitable material around soil absorption system to be less than 5’

9.)  proposed 1000-gal. septic tank to have less than 1500-gal capacity

10.) Soil absorption system to be constructed above the existing natural grade in the 100-Year Flood Plan

Janet Drohan moved to approve the Ryder & Wilcox Plan #11541 dated January 27, 2016 for the two-bedroom dwelling located at 22 Kendrick Ave. (Map 21, Parcel 110) and grant the 10 variances subject to the following standard conditions:

  1. Design flow is to be limited 243 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.  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, and in compliance with the Water System rules and regulations.

5. The septic system is to be pumped once every three-years.

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.

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

Godin, 45 King Philip Road (Map 28, Parcel 215)

David Lajoie presented a revised plan for 45 King Philip Road (Map 28, Parcel 215).

He requested a septic system upgrade.  The existing well on the property serves two properties.  To be away from other abutting wells, two variances are needed even though those wells are not in use.  The request was for two variances.

Ron Peterson on behalf of Brown’s Landing Condominium Association expressed concerns about the two wells that are not connected to the condominium system.  The Association would like to keep the wells available for future use if needed, Mr. Peterson said.  The wells were installed on an emergency basis, he said.  Mr. Peterson said he always advises condominiums to have a back up system; that’s why they have the extra wells.   

Health Agent Hillary Greenberg-Lemos had concerns because the Godins had not been notified about the variances that had been previously granted in 2013 for the abutting condominiums.  Mr. Peterson asked if the BOH could give the Condo Association reassurance that they could utilize the extra wells if they were needed in the future.

Gary Locke moved to approve Felco Plan #15078 dated January 12, 2016 and revised February 7, 2016, and grant the two variances requested in a letter dated January 27, 2016 for 45 King Philip Rd. (Map 28, Parcel 215)

  1. 20’ from well (locus) to septic tank
  2. 12’ from well (locus) to pump chamber

for  a three bedroom septic system subject to the following standard conditions:

  1. Design flow is to be limited to 330 GPD, to serve three (3) 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. Pumps, alarms and other equipment requiring periodic or routine inspection and maintenance shall be operated, inspected and maintained annually.  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.
  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.

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

Licenses

Board members approved and signed the licenses presented for consideration. 

Hillary Greenberg-Lemos requested that she, the Health Agent, be authorized to sign licenses.

Gary Locke moved to authorize the Health Agent to sign future licenses in emergency.

Granlund seconded, and the motion carried 4-0. 

Correspondence

Health Agent Hillary Greenberg-Lemos reviewed items of interest in the Correspondence File.  There were enforcement orders, citations, and Barnstable County information on synthetic drugs and tick testing. 

Minutes

Moe Barocas moved to approve the minutes of December 9, 2015.  Gary Locke seconded, and the motion carried 4-0.                       

Adjournment

Janet Drohan moved to adjourn.  Moe Barocas seconded, and the motion carried 4-0.  The meeting was adjourned at 8:10 p.m.          

Respectfully submitted,

 

Mary Rogers

Committee Secretary

The Board of Health approved these minutes at the meeting held 3/9/16.

Public Records Material of 2/10/16

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