Zinn and West, 189 Samoset Road, Assessors1. Richard Willecke noted that the letter needed to reference Samoset Avenue rather than Street and that the well serving Parcel 99 on the plan had been incorrectly labeled for Parcel 97.
2. The Board members commented that the plan was satisfactory, an upgrade for a tiny piece of property, and should please the abutters with its upgrade from a cesspool.
3. The Assistant Health Agent pointed out the improvement over existing conditions.
4. Questioned on water testing for the property's well, Farrell stated that he knew testing had been done but had not seen the results, nor could he tell the Board whether the owners drank the water.
Ken Granlund moved and Anne White seconded that the Board approve Bennett and O'Reilly Plan #B0002-3528, as revised 10-16-03, and to grant eight variances requested in the letter from Bennett and O'Reilly, as revised 10-16-03, for the upgrade of the septic system on the Zinn-West property, subject to the following conditions:
There shall be no increase to design flow on the property, this to be recorded against the deed for the property at the Registry in Barnstable
Evidence of potable water from the existing well shall be reported to the Health Department
The existence of IA treatment shall be deed recorded
Monitoring of the FAST system, testing the following parameters: temperature, pH, Nitrate, Ammonia, TKN, BOD, TSS and bacteria for the effluent and influent, is to be reported to the Health Department. Testing is to be done as follows:
Quarterly for the first 2 years
Semi-annually for the next 2 years
1 sample from then on annually
Restart of schedule upon transfer of deed.
The motion carried, 3-0.
Danforth, 5 Holbrook Avenue, Assessors' Map #21, Parcel #105. Represented by Matt Farrell of Bennett & O'Reilly and by owner Audrey Danforth, this proposal seeks to upgrade an existing system utilizing alternative treatment on a property which has a history of non-compliance with local and state regulations for failure to install a Title 5 system pursuant to transfer of deed. On March 12, 2003, after a long deliberation (see minutes of 3-12), the BOH had passed a motion that installation of a new septic system on the Danforth property be completed by 12-31-03; however, no construction has yet begun. Farrell reviewed the
history of the project, noting that Bennett & O'Reilly had been hired after the 3-12 meeting and that Health Agent Beebe had requested that the process be speeded up. The major presentation and discussion points follow:
1. The design will need to go before Conservation Commission, since the system will be located in the flood plain and the whole property is within the ACEC for Wellfleet harbor.
2. Septic plan includes a septic tank, pump chamber, recirculating sand filter (designed in accordance with state specifications), leaching field--installation close to the house will be difficult due to ground water. Farrell noted that very careful design is needed for this particular property because of proximity to wells, salt marsh and the harbor.
3. An upgrade to the existing foundation should occur at the same time; request for permission for this will have to be taken before the ZBA, since this is a noncomforming structure.
4. A PWS well, the so-called "marina well" now serving only Uncle Frank's, is located just to the east of the property; the new Wellfleet water line will go by Uncle Frank's, which expects to hook up; therefore, since Uncle Frank's well will no longer be a PWS well after the expected hook-up, Farrell has not cited the PWS well on the plan. Because the timing on the water line hook-up will probably be the Spring of 2004, Farrell requested that the BOH (a) drop the deadline of 12-31 for fining Danforth for a not-completed system and (b) approve this plan, extending the deadline through June, when the well serving Uncle Frank's will be abandoned and no longer a PWS well. This time extension would also allow for ConsCom and ZBA consideration. He added that he
understood that any approval gotten this evening would be void if the PWS well was not abandoned.
5. Assistant Health Agent Mitchell asked about the process for abandoning a PWS well and possible DEP involvement. Farrell felt that DEP would not be involved if the PWS well were not a consideration unless a review of the recirculating sand filter were necessary. Mitchell counseled Farrell to talk with DEP officials about the possibility of abandonment of the PWS.
6. Mitchell felt the wetland line (ground water of 3.8) might be higher than that shown on the plan and might kick in a Title 5 variance of 50'; Farrell informed the BOH that all information on the plan was based on past engineering and that he would verify property lines, setbacks, etc. Mitchell further commented that other plans in this neighborhood had shown inaccurate wetland lines, that a perc test done on 9-10-96 depended upon how wet it was then, and that ConsCom might examine this element and send it back to the BOH. Farrell concluded that he could not ask the BOH for approval until he had gone to ConsCom and that a 50' variance would send the plan to DEP.
7. Farrell requested a continuance for the variance hearing; he also asked for Board comment. Willecke noted his concern for the passage of time on the project, the March to October lapse. Mitchell felt that a tight tank might have to be used, considering all other issues plus the PWS (tight tank resulting, by Farrell's calculations, in an expense of just under $8000 per year to the owner). However, if PWS were no longer in existence, Mitchell thought that the recirculating sand filter should work with the DEP even with the 50' variance. Farrell reiterated that he would go to the site to delineate the edge of the border of vegetated wetland before going to ConsCom. Consensus of the BOH was to extend the deadline for purposes of not fining the owner and to
continue the hearing to the meeting of 12-10-03, with the Board being kept up-to-date on the project.
8. Asked by Willecke if the BOH should consider as a deadline that the project could begin construction within 30 days after the PWS abandonment, Farrell felt that it was reasonable to expect all permits to be in place by June 15 as a specified date. Ken Granlund pointed out that contractors need a specific date for scheduling projects.
9. Mitchell cited the Flood Plain Zoning Bylaw, wondering if it would prevent constructing a full basement for the structure; he advised, in view of ZBA involvement in the project, that Farrell consult with the Building Inspector for proper wording of the proposal.
Richard Willecke moved and Ken Grandlund seconded that the BOH continue the hearing on the Danforth plan to the meeting of December 10, 2003 and extend the deadline for beginning construction to June 15, 2004. The motion carried, 3-0.
Proposed Expansion: Hutchinson and Kennedy, 161 Commercial Street, Assessors' Map #21, Parcel #119. No representative being present for this discussion, Mitchell briefed the Board on the property, noting that the Health Agent wished to assess the property with regard to the existence of a 6th bedroom (assessment for 4-br, septic for 5-br). Willecke moved that the BOH continue the discussion of the 161 Commercial Street property to the next meeting, as no representative of the owners was present, and that the Health Department, in the meantime, assess the building for existing bedrooms. Anne White seconded; the motion carried, 3-0.
15 Spruce Street, Assessors' Map #35, Parcel #151, Specific Parameters for Condition #5 of variance approval. At its meeting of June 25, 2003, the Wellfleet Board of Health had approved the septic plan incorporating remedial FAST alternate technology to the above-referenced property and granted five variances requested; however, specific parameters were not defined for condition #5. Therefore, the Health Agent requested that the Board amend this approval to provide detail to the existing condition #5, to read as follows:
Monitoring of the FAST system, testing the following parameters: temperature, pH, Nitrate, Ammonia, TKN, BOD, TSS and bacteria for the effluent and influent, shall be reported to the Health Department. Testing is to be done as follows:
Quarterly for the first 2 years
Semi-annually for the next 2 years
1 sample from then on annually
Restart of schedule upon transfer of deed.
Richard Willecke moved and Anne White seconded that the BOH accept the condition sets for the 15 Spruce Street property and that the owner be notified by letter of this amendment the condition #5. The motion carried, 3-0.
Licenses. The Board signed various food service and business licenses (see below).
Anne White moved and Richard Willecke seconded adjournment of the meeting, which closed at 8:50 p.m.
Respectfully submitted,
_______________________________
Frances J. Castillo, Committee Secretary
Licenses Signed 10-22-03
PJ's Family Restaurant
The Hot Chocolate Sparrow
The Box Lunch, Inc.
Wellfleet Spirits Shoppe, Inc.
Rookie's Inc. d/b/a Bob's Sub & Cone
Marjorie Sayre d/b/a Briar Lane Jams and Jellies
Farrell's Market
White Whale Enterprises d/b/a Moby Dick's
Rookie's Inc. d/b/a Rookie's Family Restaurant
Sand & Surf Gifts d/b/a Seaberry Surf Gifts/Mobil Hot Dog Cart
Sand & Surf Gifts d/b/a Seaberry Surf Gift Shop
Bradly Averid d/b/a Southfleet Motor Inn
Sweet Baking Christine Kelley
Al Rich d/b/a Rich's Farm Stand
V.R.'s Inc. d/b/a Van Rensselaer's
Wellfleet Motel & Lodge, Inc.
Wellfleet Village Center, Inc. d/b/a Wellfleet Mobil
Wellfleet Wine Cellar & Spirits, Inc.
Robert Costa d/b/a Christine's Oasis
Shanem Inc. d/b/a Wellfleet Beachcomber
Iocaste, Inc. d/b/a Serena's Restaurant
Rick Merrill d/b/a Cape Mariner Excursions/Naviator
Adam's Lodge AF & AM
Wellfleet Center Corp. d/b/a Aesop's Tables
Finely J. P.'s, Inc.
Captain Higgins Seafood Restaurant, Inc.
Wellfleet Seafarms, Inc.
Spring Brook Center, Inc. d/b/a Wellfleet Cinemas
Spring Brook Center, Inc. d/b/a Wellfleet Dairy Bar and Grill
Spring Brook Center, Inc. d/b/a Wellfleet Drive-In and Flea Market
Consider the Lilies Garden Center
Three R's Corporation d/b/a Two Dollar Tees/$1.00 Shop
Cumberland Farms
Wellfleet Oyster and Clam Company d/b/a Oystermen's Grill and Fish Market
Maurice's Campground
Trailer Park Warrants:
Harborside Village Cooperative Corporation
Massasoit Hills Trailer Park
Maurice's Campground, Inc.
