Wellfleet Board of Health
Minutes of Meeting of April 14, 2004
Senior Center, Great Pond Room
Present: Lezli Rowell, Chair; Richard Willecke, Anne White, Ken Granlund, Jr.
Excused: Alex Hay
Also present: Jerry Houk, Board of Selectmen; Bob Costa
Chair Rowell called the meeting to order at 7:00 p.m. The meeting was tape-recorded.
Minutes of March 24, 2004. Chair Rowell moved and Richard Willecke seconded approval of the minutes as amended; the motion carried, 4-0.
Variance Requests:
Peters, 282 Main Street, Assessor's Map #15, Parcel #50. This proposal to upgrade to a tight tank was presented by Matt Farrell of Bennett & O'Reilly. Farrell referred to an earlier proposal for this property, noting that the tight tank had been rotated on the plan to improve its position. Richard Willecke, in reference to the Bennett & O'Reilly variance request letter (4-1-04), called Farrell's attention to BOH Regulation 7002, Variances, which states that requests for variance "must state the specific variance(s) sought and the reasons therefore." The Chair referred to an across-the-street abutter's concern regarding the septic plan advanced by Peters and Puritan Clothing in June 2003 (later disapproved by the DEP); Health Agent Beebe noted that the tight tank now
proposed would not cause these same concerns.
Anne White moved to approve the Peters' Sewage Disposal System Plan #B001-2993 (revised date 01-07-04) and to grant the six variances requested in the letter from Bennett & O'Reilly (dated 4-1-04) for the upgrade from an existing cesspool to a 310CMR 15.000 Title 5 compliant tight tank, subject to the following conditions:
Design flow to be limited to 94.95 gallons per day.
Audible and visual alarm to be attached to building and set to pump at 3/5 capacity or approximately 950 gallons.
Owner shall contract with a licensed septic hauler to pump within 24 hours of an activated alarm, contract to be reviewed and approved by the Health Department.
All conditions shall be deed-recorded at the Registry in Barnstable and proof of conditions deed-recorded submitted to the Health Department prior to issuance of Disposal Works Permit.
Chair Rowell seconded the motion. Discussion followed of the Chair's suggestion of amendment to a 200 gallons per day design flow; the Health Agent felt this should be bumped down to the 94.95 gpd-allowed flow in order to avoid laying the Board open to a grandfathering precedent. Rowell suggested an added condition of "no creation of further habitable area and no conversion of use" but after discussion withdrew her amendments. The motion was called and carried, 3-0-1 (Rowell).
Menegay, 190 Blue Heron Road, Assessor's Map #41, Parcel #12. Felco Engineering again requested a continuance of one month for this hearing; it will occur on May 12.
Seasonal Restaurant Pre-opening Inspections. The Chair requested that the Board allow an alteration to the agenda to hear Selectman Jerry Houk and Bob Costa on the subject of a memo (4-7-04) issued jointly by the Health & Conservation Agent, the Inspector of Buildings and the Fire Chief for the purpose of setting up full inspection of all restaurants prior to their openings. Houk and Costa registered a number of criticisms of the action:
Houk stated that the Board of Health should have informed the Board of Selectmen of this new policy (if it originated with the BOH, of which he was not certain). He inquired whether restaurants which were already open would be held to this new policy.
Costa asked if a restaurant which did not intend to open for a while yet would have to have all equipment up and operating for inspections now, stating that this would be a costly procedure since it would involve turning on all equipment before it was needed.
The Chair agreed that the new policy should be shared with the Board of Selectmen and the public as a whole and that it sounded like a hardship to get equipment operating before the actual inspection. She noted, however, upon reading the memo, that its final paragraph asked that the restaurateur contact the Health Department to schedule the 3-department inspection and to "ask any questions you may have on the details of this letter or of the requirements for your upcoming inspection," therefore offering leverage for businesses opening later on to schedule a later annual inspection.
Houk stated that the Selectmen, not the Board of Health, should set policy on whether a business should be allowed to open or not.
The Health Agent stated this was not a policy but was administrative and provided a description of the inspection program:
The issue of annual inspection had been discussed with the Board of Selectmen in the Fall 2003 Pre-budget meetings; the Health, Fire and Building Departments had eaach presented and discussed it, and the Selectmen had expressed approval at that time.
In the case of a year-round restaurant, an annual inspection would be conducted jointly.
The process for the joint inspections this spring was triggered by a report from the Police Department after an alarm call was answered at a local restaurant. The responding officer notified the Health Department of the condition of the restaurant.
It is difficult to schedule inspections for everyone's optimum convenience; the idea was to inspect right before opening so as not to inconvenience the owners during the busy first weeks. The intention was not to set any establishment apart but to put everyone on a "level playing field" so that all establishments were in compliance with the codes.
To Costa's continued discussion of the problems of starting equipment before he would use it, Richard Willecke pointed out that if a piece of equipment did not work, it would be costly to find it out on the opening day of the business. He added that the question of the BOH signing off on licenses without knowing if health and safety conditions are satisfactory and if equipment works is a serious one.
The Chair inquired whether Costa's situation, the necessity of phasing in equipment at different times as business increased, could be considered during the inspection; the Health Agent stated that it could absolutely be factored in and emphasized that her letter stressed calling the Health Department with any questions about the program.
Old Business:
Wellfleet Mobil, 2665 State Highway, Assessor's Map #15, Parcels 129 & 130. Jerry Bessette appeared before the Board to discuss his plan to convert a three-bay repair shop to a full convenience store, offering coffee made on-site from bottled water. The Board was in receipt of a memo from the ZBA, which has taken under consideration Mr. Bessette's request for a Special Permit for the above-mentioned conversion; in this memo, the Zoning Board asked the BOH to respond to its concern "about the potential for pollutants in the well water and the serving of food and beverages to the public."
The Health Agent reviewed the history of the site, declared a Tier 1B (in proximity to a water supply) in February of 1989. Initial remedial action was pump and treat, and the property is now in Phase IV of its Remedial Plan, bio-remediation, which involves using ORCs (oxygen rinsing compounds) treatment in compliance with the approved clean-up program from the state.
Mr. Bessette noted that he is within six months of having this clean-up completed this summer. He added that he is not a Public Water Supply and will continue to use bottled water no matter what happens with the well (he has been using bottled water since 1990); he is using his sinks only for hand washing and has posted "Do Not Drink the Water" signs on the mirrors. He does not plan to switch over services until fall and feels that monitoring the well is the simplest way to determine the quality of the water, which has improved greatly since 1991. Further discussion of the treatment and monitoring system ensued.
The Chair stated that the BOH needed to consider a response to the Zoning Board concerning the use of bottled water on site, adding other businesses are able to do so and that there was no issue with the potable use of water since bottled water was on-site. She moved to send the BOH's endorsement of the project to the ZBA, noting the compliance with Phase IV of the cleanup, that there is to be no potable water use on premises, and use of bottled water only for coffee and any other food preparation. Richard Willecke seconded. After a suggestion from the Health Agent that the motion acknowledge the pre-existing use of bottled water, Rowell amended her motion to read "bottled water only . . . as there has been since 1990"; White seconded. The motion carried, 4-0.
Trudy Vermehren, 80 Briar Lane, Assessor's Map #13, Parcel #108. Ms. Vermehren appeared before the Board to support her application requesting a permit to keep 6-12 hens on the above-noted property. To the Chair's question concerning her plan for manure management, Ms. Vermehren stated that she planned the cleaning and composting of manure for later (not raw) use in the garden.
The Health Agent noted a concern with composting of manure in connection with the location of the well; she advised the covering and tarping of the pile, which needs to be separated from the ground to prevent seepage into ground water, adding that composting on-site would require a sketch plan and narrative of the manure management plan.
The applicant felt that moving the pen for the hens would be difficult but that a different location from that on the plan could be found for the compost pile. Discussion followed of the plan for and location of the compost pile, which could be moved away from existing wells and uphill toward the septic system. It was agreed that the Health Department would conduct a site visit before the manure management plan was formulated.
Vermehren agreed that daily management was most important and asked advice about the need to appear before the Zoning Board; the Chair explained that she might need to apply for a permit for use from the ZBA and advised her to check the Zoning Bylaw.
Rowell moved that the Board approve the Farm Animal Permit Application as presented with Manure Management Plan to be submitted to the Health Department and any conditions which come from that plan to be applied to the license. Willecke seconded; carried, 4-0.
Licenses. The Board signed business licenses for the following: T. W. Nickerson, Inc./Steven T. Clark, Williams Building Company, Inc./ Timothy C. Williams, J. P. Farrell Construction/John Farrell, Harborside Village Cooperative Corporation.
Correspondence. The Chair noted that the Board members had received copies of correspondence from the Schaeffers and Ms. Crossman from the secretary.
New Business.
Water System Hook-up Request List. The Health Agent reviewed the applications for hook-up to the town water system with explanations of the applicants' reasons for applying. Requests have been received from: On the Creek Café, Joseph Lema for Lema's Market, Roger Cacchiotti, Audrey Danforth, Trevor and Kathleen Glucksman, Peter and Margaret Landon, Roy Perkins for the Parker House, Carol Parlante for the Bookstore Restaurant, Ted and Jean Schaeffer, Leo Serokin and Pamela Wolf, Marilyn Silver, Stever Koser, Trustee for Wellfleet Harbor Condominiums (16 cottages), Mac and Alex Hay (2 buildings), Robert McClellan for Hatch's Market. Chair Rowell asked whether, when the Board of Water Commissioners begin to consider these requests, they would look to BOH for advice; the Health Agent
thought this probable.
Property on Gull Pond, Map #9, Parcel #62. The Health Agent spoke on her follow-up on this property, which had been sold in 1994 and has never upgraded the septic system, noting that she will give them a time frame for upgrading.
Audrey Danforth Property. Health Agent Beebe noted that the deadline for Ms. Danforth's septic upgrade was 4-15-04; Ms. Danforth had so far applied for a permit but had been unable to retain an installer and has requested another month's grace and to be allowed to move out of the house and not be ticketed. She has stated that Kevin Rose has said he could do the work in a month. Ms. Beebe stated that she had told Danforth she would be obliged to begin ticketing tomorrow (4-15). Ms. Danforth had asked the agent to inquire of the Board about a scenario to stop the ticketing, if Danforth came to the Health Department with a permit signed by an installer. After the Board's discussion of possibilities, Richard Willecke suggested that Danforth should meet the conditions of (1) a signed agreement
with a contractor to have the system installed by May 15 and the contractor signing the permit and (2) Danforth moving out of the house until the work was done. He further suggested that the Health Agent contact Kevin Rose and attempt to get some more accurate information.
Andrew and Kathleen Rogers, 210 Cliff Avenue, Assessor's Map #24, Parcel #71, Frequent Pumper. The Health Agent explained a follow-up on the Rogers' request for a "stay" of the Health Department's order for required upgrade due to frequent pumping of the above-mentioned site. The owners' explanation was that last summer's tenants' heavy use of the washing machine necessitated the pumping; they plan to no longer allow the use of the washing machine, have changed their occupancy regulations, and feel that this will reduce the need for pumping. Beebe noted that the house, served by a couple of old cesspools, is situated on an eroded bank with no place to move either the well or the septic system. Chair Rowell moved that the Board grant a stay of the order to upgrade and allow a
one-year grace period to review pumping records and endorsement of the plan limiting habitation and laundry use; in the event of any sort of failure, such as ponding at the surface or breakout, the Health Department must be called immediately. Ken Granlund seconded; the motion carried, 4-0.
Correspondence and Regulation Review. The Chair noted that there were two other frequent pumping letters in the Correspondence File. She added that she and Vice-Chair Willecke planned to meet with the Health Agent to discuss similar issues to be addressed, correspondence, and the improvement of regulations, etc. The Health Agent made suggestions for the following regulations:
Upon transfer, above-ground oil tanks must be double walled
Upon transfer, VOC testing of all wells
Transfer station--days of operation (now limited to 5 days per week)
Cesspools upgraded to T-5 for all commercial establishments
The Chair suggested that the BOH should look at a local definition of potable water and possibly add VOC testing of new and/or relocated wells.
Richard Willecke moved and Ken Granlund seconded adjournment; the meeting was adjourned at 8:45 p.m.
Respectfully submitted,
_________________________________
Frances J. Castillo, Committee Secretary
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