Maurice's Campground: New information about 35 cesspools changes Wellfleet's options

WELLFLEET — In a surprise twist, town officials will work with the state Department of Environmental Protection to craft a plan on how to improve wastewater issues on Maurice's Campground, if a planned purchase of the property is successful.

"With the flow on the site, it does fall into this category where the DEP is the sole body of jurisdiction, which we didn't realize," Select Board Chair Ryan Curley said.

On Saturday, town meeting voters will consider approving the town's $6.5 million purchase for the 21.5-acre property between Route 6 and the Cape Cod Rail Trail. But the campground has 35 cesspools. Under local regulations, cesspools are a "failed" system and need to be replaced with a Title 5 septic system within 30 days of the property changing hands.

Maurice's Campground in South Wellfleet was opened in 1949 by co-owner John Gauthier’s parents.
Maurice's Campground in South Wellfleet was opened in 1949 by co-owner John Gauthier’s parents.

Originally, the Select Board approached the Board of Health on Aug. 24 for a waiver to allow the use of the existing system while the town operates the campground for six years, if the purchase is approved by voters.

The health board was scheduled to decide the matter during a Wednesday meeting.

Jurisdiction issue raised

But it was later discovered that the Board of Health has no jurisdiction to approve the waiver.

The size of the flow associated with the property exceeds the 10,000 to 15,000 gallons per day that Title 5 allows the boards of health to regulate and have jurisdiction over, said Hillary Greenberg-Lemos, Wellfleet's health and conservation agent.

Curley later explained that the state department considers every system on site as one system, which brings up the total flow.

Earlier:  Here's why Wellfleet is seeking cesspool variance for Maurice's Campground

"We're no longer going to contemplate the request for a variance and we're not going to make a vote on whether to issue a variance or not to allow the cesspools to remain," said Greenberg-Lemos during the Wednesday meeting.

Maurice's Campground co-owner John Gauthier, left, and Melinda Brotherton, 85, right, pose in front of her trailer at the campground in South Wellfleet. This summer marked the seventh year Brotherton had stayed at the campground.
Maurice's Campground co-owner John Gauthier, left, and Melinda Brotherton, 85, right, pose in front of her trailer at the campground in South Wellfleet. This summer marked the seventh year Brotherton had stayed at the campground.

The jurisdiction instead falls with the state environmental protection agency.

The town cannot file anything with the state until Wellfleet actually owns the property, according to Curley.

Because the matter was outside its jurisdiction, the Board of Health did not hold a vote to support the plan.

Plan to replace cesspools

In April, the Select Board announced it had signed a purchase and sale agreement with the owners of Maurice's Campground, calling it a “once-in-a-lifetime opportunity.”

Under the purchase agreement with the sellers, the town will run parts of the campground for six years to continue to provide housing to long-term seasonal residents. After, the town plans to use the property for public, year-round affordable housing.

Not upgrading the cesspools now prevents the sellers — the Gauthier family — from having to upgrade the cesspool system themselves; and keeps the town from having to design, build and install a septic system for short-term use, according to the Select Board.

The cesspools are pumped regularly and used seasonally, which amounts to about four months a year, said Select Board member Michael DeVasto. But over time, the town wants to get rid of the systems at Maurice's and replace them with a sewage treatment plant.

If the town buys Maurice's, Greenberg-Lemos said Wellfleet could enter into an administrative consent order with the state environmental protection agency to lay out a plan and timeline to upgrade the systems.

More:  If voters approve, Wellfleet will buy Maurice's Campground for $6.5 million

"The most important part is that we begin to move forward with the hydro-work on the site to see what the site is capable of holding, wastewater-wise, to understand how we can develop the site in the future," said Greenberg-Lemos.

If the site is appropriate, the town will place a large wastewater treatment facility there and use that to get better treatment to the properties surrounding that ultimately reduces nitrogen in the watershed, said Greenberg-Lemos.

Maurice's Campground owner John Gauthier, at age 5, holds a sign at the South Wellfleet business, which his parents began in 1949.
Maurice's Campground owner John Gauthier, at age 5, holds a sign at the South Wellfleet business, which his parents began in 1949.

At the time of the meeting, the state environmental protection agency was also working on sending a letter to the town to outline the process if the purchase is successful.

Town Administrator Rich Waldo said a typical administrative consent order takes four to five years to resolve and the town may be able to improve the existing system in the third or fourth year of ownership.

"The opportunities are there to build on things. It's just not going to be immediate," said Waldo.

Short timeline

The Board of Health questioned again why they were approached by the Select Board so close to the Town Meeting.

"I would suggest a regular series of meetings to be set up with a representative of the Select Board ... so that we don't find something dumped in our lap at the last minute," said Board of Health member Deborah Freeman.

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DeVasto said the Select Board was originally advised by town counsel to put the matter before the Board of Health after the Town Meeting vote, with the understanding any successful vote would be contingent on the Board of Health.

"Going to Town Meeting is essentially like going to the bank and asking, 'Can we purchase this property?'" said DeVasto. "Putting the sellers in a position where we're asking to do something on the property without having a mortgage commitment is a tricky situation."

Details of the Maurice's Campground purchase

On Saturday, voters will gather for a special town meeting to decide whether to approve the $6.5 million purchase.

Another article seeks town meeting approval to use $1 million in Community Preservation Act funds to place a deed restriction for affordable housing on the property if the town does buy it.

The Gauthier family has run Maurice's Campground in South Wellfleet since 1949. From the left, in front, sons Moe, John and Martin, and in rear, their parents Maurice and Ann Gauthier.
The Gauthier family has run Maurice's Campground in South Wellfleet since 1949. From the left, in front, sons Moe, John and Martin, and in rear, their parents Maurice and Ann Gauthier.

Also, Article 8 seeks $225,000 to pay for operational expenses to continue to operate Maurice’s Campground, should the town buy the property, through the end of the fiscal year. The funds would come from an increase in personal and real estate property, if approved by town meeting and at the Sept. 20 town election.

Voters will consider the Proposition 2½ override at a Sept. 20 town election to buy the property.

Purchase to address housing crisis

Converting the property into public housing could help the town make progress with the housing crisis. Currently, just 2.5% of the town’s housing stock is classified as affordable. Each city and town should have at least 10% of its housing stock deemed affordable, according to state goals.

Maurice's Campground has been owned by the Gauthier family since 1949. The site, nestled next to the Cape Cod National Seashore, includes 12 cabins, 16 tent sites and 240 campsites, some of which are seasonal rentals.

At peak season, the campground can accommodate 500 to 600 people, according to co-owner John Gauthier.

A closing date on the sale of the property is set for Oct. 31, pending town meeting and town election approvals.

Zane Razzaq writes about housing and real estate. Reach her at zrazzaq@capecodonline.com. Follow her on Twitter @zanerazz.

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This article originally appeared on Cape Cod Times: Wellfleet to work with state to address cesspools on Maurice's Campground