Charge from the Selectmen: Â Parsons Creek Charge 2016
Rye Civic League Notes
Parsons Creek Watershed Restoration Committee
April 27, 2016
Rye Town Hall
Video Streaming of the Meeting here: http://www.townhallstreams.com/locations/rye-nh/events/31952/rye_council_chambers
Members Present: Craig Musellman, Sam Winebaum, Lynn Pinkham, Peter Reilly, John Riley
Also attending: Michael Magnant, Town Administrator: Kim Reed, Planning and Zoning Adminstrator; Peter Rowell, Building Inspector
Summary
- New monitoring of pollution hot spots will begin in May. DNA testing will be done in twelve locations to determine whether bacterial sources are human or animal.
- In addition to grants paying for FB Environmental, Beach Permit revenues of $30,000 will be available.
- The pump out ordinance applicable to the Parsons Creek Watershed takes effect June 1. After then, three days notice of pump out to the Town will be required in case the Town decides to view the pump out.
- The town is gaining more data on possible sources of the problem.
- Selectman Musselman acknowledged that a $5-7 million sewer bond to solve the problem is likely not politically viable.
- New FEMA designations may prohibit new septic systems along the Wallis Sands dune.
- Some commercial businesses along Ocean Blvd. have holding tanks or water usage at the limit of what their septic systems can support.
Editor’s Note: Elapsed times in parentheses are in hours, minutes and seconds, if available.
(0:00 elapsed) Discussion of the Selectmen’s charge to the Committee
(10:00) Selectman Musselmen: Committee is to look at how Town can begin to take enforcement action with regards to on-site septic systems while using information (studies) already conducted and new information developed by the Committee. To make progress the Selectmen feel there is a need to look closely at identifying specific problems and begin to enforce state and local ordinances with respect to specific homes which may be able to improve their on-site systems.
Committee has a budget of up to $30,000 in undesignated funds in addition to the funded contract with FB Environmental that has a specific scope. The pump out ordinance is also now in effect for the area with a requirement to pump out every three years. The $30,000 budget is coming from beach permit funds.
(13:50) Kim Reed describes studies to date. Studies have been in two phases under grants. FB Environmental was engaged. Phase 1 is completed. We are in Phase 2. Grant includes requirement to do public education as well as the monitoring of hot spots.
(18:00) New monitoring of hot spots will begin in May as part of Phase 2 and is part of the Town’s match to the grant. This will be followed by DNA testing of 12 hot spots to determine if the bacteria is human, animal, birds, etc., then overnight monitoring, then expand locations.
(25:20) Only one new site per request of Building Inspector Peter Rowell, a pond off Highland Ave, has been added as part of the grant.
(26:00) Committee may expand testing sites as part of its budget and DES may have additional funds.
(27:10) Selectmen have focused on two significant bacterial seeps at southern end of Wallis Sands. They are currently not in the Phase 2 monitoring, as they are not surface water but can be investigated with the budget.
(29:10)Â Member Riley remembers pipes leading out into the sand towards the ocean at the southern end of Wallis Sands beach.
(30:45) The Marsh Road Pond is another area of high concern at location BCH-11 with houses very close to grade and high bacterial testing values.
(33:00) Ms. Reed is planning a “septic social†working with two property owners near Petey’s to educate the public.
(34:50) Discussion of potentially having FB Environmental come in and discuss their work with Committee. Need for coordination between Committee and FB Environmental as the grant’s scope is not entirely parallel with identified areas of concern.
(38:40) Peter Rowell discusses pump out ordinance which takes effect June 1st. Town requires three days notice of pumping and may view pump out to determine if system is clearly failing. “A lot of these systems are draining very well…†and may be draining to ground water. Back flow from leach field to tank when pumping could indicate failure.
Musselman:Â town will be hard pressed to prioritize viewing of pumping once people start pumping and request viewing. Member Winebaum suggests that potentially some of the budget be used to assist with viewing and documenting pump outs and septic system locations and conditions.
Rowell is looking for additional data that typically pumpers don’t gather and has a draft form.
(45:40) Member Reilly inquires as to documentation on existing systems in town records. Ms. Reed says that a database of what is on record for septic systems at the Town and DES was compiled as part of Phase 1 under the FB grant. 800 properties were entered with information, if any, as to septic. Vacant lots need to be weeded out. A survey was sent out and door to door inquires were made but it was summer and many houses were occupied by renters.
(47:50) Grant scope was changed. There are funds in grant for septic evaluation of up to 5 homes in critical locations, to be evaluated by Jones and Beach. 22 locations including businesses in critical areas were sent letters/packets. No responses to date from this effort 2 weeks ago.
(50:03) Musselman:Â there are ways to get enforceable information without going on property, say from water immediately adjacent. Further discussion of pipes going out onto the beach with Member Riley. Pipes went out a long way and some of the metal pipes had plastic extensions.
(51:50) Alden Philbrick, local septic pumper, and Selectman Musselmen took a drive through the watershed.
(54:20) Peter Rowell thinks monitoring wells under south end of Wallis Sands would be a good idea.
(56:30) Musselman: only assured way of solving is public sewer but the 250 homes in the critical area would cost, back of the envelope, $5-7 million and that would be prohibitive and would not pass unless “we had a gun to our head†enforcement action from the State.  It would be hard to find the smoking gun and in all likelihood, if discovered, they will be individual residences and not the whole area. It will be daunting to get data to enforce.
(59:55) Rowell: the “dune†east of Rte 1A along Wallis Sands is currently designated as a VE zone by FEMA and by FEMA rules septic systems are not allowed due to potential erosion. Tanks are. Existing can be replaced.
(1:00:55) Member Riley asks if the MA law requiring upon the sale of a property, that a septic to be inspected and brought up to code was possible in NH. It is not a NH law. Could it be a Town ordinance? Can the town be stricter than the state law? Will need to consult with town attorney.
(1:03)Â Selectman Musselman says it will be very difficult to determine if any of the homes on the east side of Wallis Sands are polluting either the beach or Parsons as they may drain down into the sand.
(1:04) Rowell suggests considering changing ordinance to require advanced systems. Systems will take out nitrogen but according to Musselman they may not take out bacteria draining down.
(1:06:30) Member Winebaum refers to Horsley Witten October 2015 presentation and nature of special systems for low lying, high water table areas they illustrated saying they don’t look like what he sees installed locally.
(1:08) Selectman Musselman summarizes the October meeting and maintains that this year’s task is to find ways to get data, have people change of their own volition or enforce and then have homeowner work with a designer. Winebaum asks if specific types of systems for low lying areas can be specified.
(1:10:44) Mike Magnant to ask Town Attorney what the Town’s legal ability is to require more stringent standards for septic systems in this impaired water quality zone. Inquire if requiring inspection before selling is possible.
Musselman skeptical that “fancy†systems can work well in this area. Rowell refers to a required site assessment for real estate listings in Shoreline Protection areas, 200 feet. Musselman wonders if this could be a local requirement.Â
(1:15:40) Member Ingraham was asked about her work as a Town Administrator on Long Island. Main focus was on road run off, fertilizers, and dog waste flowing into a bay. A “site walk†of the watershed area will be scheduled by the committee for May
(1:17:40) Member Riley asks about culverts. Discussion of storm water catch basins on Brackett and effect of storm water flushing storm water and bacteria. Musselman maintains issue is failing septic systems or else every waterway in the U.S. would be impaired.
(1:20:00) Question from Member Riley about commercial properties. Petey’s has a 2004 system. Rowell maintains system is maxed out in terms of water usage. Petey’s is at maximum design flow. Red Roof has a holding tank. Red Roof cabins have a circa 1990’s system which replaced a straight pipe. Beach Hut used to have a straight pipe; now has an advanced system.
Off of Appledore a couple of systems in failure have been replaced.
Discussion of hot spots off of Marsh Road and the intersection of Bracket and Washington.
(1:30:00) Selectman Musselman would like to arrange a site walk at low tide along Wallis Sands to the seeps. Rowell says changing levels of sands year to year affect visibility of seeps. Site walk would include a drive to other hot spot locations. Musselman went on a drive with Alden Philbrick where he knows where many systems are in the area, including Concord Point. Across from BCH 11 most obvious sources are on the south side of Parsons. Mr. Philbrick pointed out a cut through, a “slough†further up Parsons from Marsh Road pond draining more houses. May be more than the three or so obvious houses in that area causing the issues.
(1:36) Discussion of legal options to get long-term improvements. Town Attorney needs information to take property owners to court. What are the options to take to court?  A system failure according to Rowell. Musselmen thinks water samples adjacent and no septic system on file could be sufficient to take action.
(1:42) Member Reilly ask if there is a “list†of suspect properties. The 22 letters for on site evaluations referred to earlier mentioned by Rowell: Highland Ave both ends South of Creek, on the beach, Marsh Road, Parsons Road. This list is based on site conditions, FB database as to septic status if any, and personal knowledge.
(1:44) Musselmen how to get access to investigate? Administrative investigation warrant from a judge according to Rowell, typically “eyesight†is what is used in such cases.
(1:45) Reed says focus on education, the septic social for example, so residents know what to look for, what to smell so they can speak up. Member Riley suggests anonymous reporting.
Next meeting will have DES in attendance to describe what they are doing, funding, and then site walk.
