Present: Richard Willecke, Chair; Lezli Rowell,
Emily Beebe, Health Agent and Christine Bates, Committee Secretary
Due to the lack of a quorum, the meeting was rescheduled for November 17, 2004
Wellfleet Board of Health
Minutes of November 17, 2004
Senior Center, Long Pond Room
Present: Richard Willecke, Chair, Lezli Rowell, Kenneth Grunlund, Anne White, Alex Hay and Emily Beebe, Health Agent
Absent: Christine Bates, Committee Secretary. Meeting notes were taken by the Health Agent.
Chair Willecke called the meeting to order at 7:04 p.m. The meeting was tape-recorded.
Meeting Minutes:
· Minutes of October 13, 2004 were reviewed with recommended amendments. Lezli Rowell Moved to approve with amendments; Seconded by Anne White, Passed 4-0-1.
· Minutes of October 27, 2004 were reviewed with recommended amendments. Lezli Rowell Moved to approve with amendments; Seconded by Richard Willecke,
Passed 4-0-1.
Title 5 Variance Requests
Steiner, 3 Indian Neck Road, Map 28, Parcel 231. (Cont’d from 10/27/04)
David Lajoie presented revised plans dated 10/29/04. The Board discussed possible cluster system. Felco presented a plan showing Innovative/Alternative treatment for the house closest to the marsh instead, as two septic systems for the two structures, on a large lot to be subdivided best maximized the set backs. Discussion on I/A as a requirement with a variance to marine resources concluded with acceptance of fresh and brackish delineations. The advanced treatment was deemed not required. David Lajoie will revise plan to withdraw the I/A. Lezli Rowell Moved to approve the variance of plan dated 11/18/04 for upgrade of one septic system and construction of a new septic system to serve a two bedroom and four bedroom structure in conformity of Nitrogen Loading Limitations subject to conditions;
Seconded by Ken Grunlund; Passed 5-0 with the following conditions:
1. The new well shall be connected and put in service under the benefit of proper plumbing and electrical permits, and the well shall be tested and found potable, with results copied to the Health Department, prior to the issuance of the Disposal Works Permit.
2. Design flow is restricted to four bedrooms for dwelling #1 and two bedrooms for dwelling #2.
3. These conditions shall be recorded against the deed for the property at the Registry in Barnstable, and proof of conditions deed recorded shall be submitted to the Health Department prior to the issuance of the Disposal Works Permit.
Blake, 275 Main Street, Map 154, Parcel 55
David Lajoie presented revised plan dated November 10, 2004, which changed the variances to locate the well on the East side. Susan Blake, applicant, distributed a letter to the Board regarding process. Applicant seeks approval though it may not be installed in the immediate future. The Board has approved repair to collapsed riser courses of block on the existing cesspool. Approved plan will allow for immediate upgrade if there are failures to leaching area. Variances could be re-submitted if system is not installed within three (3)
years of this date. Lezli Rowell Moved to approve the Felco Inc. Site and Sewage Plans dated 11/10/04 and grant the variances requested in the letter of 11/10/04 for the upgrade of septic system to serve a two bedroom dwelling with retail space as grandfathered, non-conforming uses (with respect to the Nitrogen Loading Limitation) utilizing ‘Remedial Use’ approved FAST de-nitrification, and subject to the following conditions:
1. Design flow is limited to 265 gpd per two bedrooms and nine hundred square foot retail area.
2. No increase in habitable area without Board of Health review, per 5,045 sq. ft lot size.
3. No conversion of use 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 conditions deed recorded shall be submitted to the Health Department prior to the issuance of the Disposal Works Permit.
5. A copy of a three (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. Monitoring shall include testing the effluent for the following parameters: temperature, pH, nitrate, ammonia and TKN. The influent shall e sampled for these parameters once annually. The schedule for monitoring shall be quarterly for the first two years of operation, semi-annually for the next two years, and one sample annually from then on. Upon transfer of deed, this schedule shall be restarted. All results copied to the Health
Department. Any other sampling per DEP approval.
Kemper, 150 Commercial Street, Map 21, Parcel 87 (Cont’d from 10/27/04)
Lezli Rowell Moved to continue to December 8, 2004; Seconded by Richard Willecke;
Passed 5-0.
Business Meeting:
· A discussion took place regarding enforcement letters. There is a need for standard language of appeal possibilities to the Board of Health.
· Chair Willecke discussed the absence policy. It was determined the best approach is to call the Health Department and leave a message with Office Secretary, Beth Berrio.
· Chair Willecke discussed Board of Health recommendations for the Coles Neck Municipal Water Supply regulations to the Water Commissioners.
1. Most regulations were not adopted by Water Commission, aside from the hierarchy of water contaminants. There was discussion whether the Board of Health wants to add to the local regulations and possibly prioritize revisions for public hearing.
· There was discussion about possibly freeing up a few lots at Coles Neck from reserved capacity. Willecke would rather see a concerted effort to develop more water capacity than doing a survey on individual lots. Rowell protested taking guaranteed water supply from those properties, and would rather not go piece meal and would advocate developing greater capacity from the Coles Neck well to serve more properties. Granlund is interested in locating good water in the area on individual parcels.
· Willecke and White will meet with the Planning Board to discuss Interim Wellhead Protection Area Regulations.
· Helen Miranda Wilson discussed the letter from Rex Peterson regarding meeting minutes. Rowell stated there has been a great track record with Committee Secretaries.
· Discussion took place regarding how the Public Water Supplies are operated by owners and allowing owners to similarly seek licensing as Wastewater Systems operators..
· Due to the holidays, there will be no Board of Health meeting on December 22, 2004
Between the December 10, 2004 meeting and the 17th meeting, the following licenses were signed and granted:
Licenses Granted:
The Box Lunch, Inc.
Marjorie W. Sayre d/b/a/ Briar Lane Jams & Jellies
Donald Horton d/b/a/ Cape Cod Disposal, Co.
The Even’Tide Motel
Indian Lake Enterprises, LLC, d/b/a Farrell’s Market
Leticia Fricker d/b/a The Holden Inn
James Rose (residential kitchen)
Jaya Karlson (massage)
Mainstay Motor Inn
Mainstay Motor Inn
Marcia Gaye (therapeutic message)
White Whale Enterprises d/b/a Moby Dick’s
Sandy Paws Holding, Inc. d/b/a Nauset Disposal
On the Creek Café, Inc. d/b/a On the Creek Café
Robert L. Paine d/b/a Paine’s Campground
Al Rich d/b/a Rich’s Farm Stand
Sand & Surf Gifts., Inc. d/b/a Seaberry Surf Gifts
Alexandra Grabbe d/b/a Seagull Cottage
Black Fish Creek, Inc. d/b/a Seaside Liquors
Stone nLion Inn of Cape Cod, Inc.
Sweet Baking (residential kitchen)
Three R’s Corp., d/b/a Two Dollar Tees $1.00 Shop
V.R.’s Inc. d/b/a Van Rensselaer’s
Shanem, Inc. d/b/a Wellfleet Beachcomber
Wellfleet Motel & Lodge, Inc.
Wellfleet Sea Farms, Inc., d/b/a Wellfleet Sea Farms
Wellfleet Spirit Shoppe, Inc.
Wellfleet Wine Cellar & Spirit, Inc.
Arthur F. Joseph (refuse hauling)
Rookie’s Inc., d/b/a Bob’s Sub & Cone
Bodywork Plus (massage therapist)
Bookstore & Restaurant, Inc.
Rick Merrill d/b/a Cape Mariner Excursions/Naviator
Captain Higgins Seafood Restaurant, Inc.
Robert Costa d/b/a Christine’s Oasis
Consider the Lilies, Inc.
Finely JP’s Inc.
Fobro, Inc. d/b/a Flying Fish Café
Jean Nelson & Brailsford Nixon, d/b/a Holbrook House
The Hot Chocolate Sparrow, Inc. d/b/a Chocolate Sparrow
Wander, Inc., d/b/a Lighthouse Restaurant
Maurice’s Campground, Inc.
Paul Fox, d/b/a A Nice Cream Stop
Wellfleet Flea Market
PJ’s Family Retaurant, Inc.
Rookie’s Inc. d/b/a Rookie’s Family Restaurant
Iocaste, Inc. d/b/a Serena’s Restaurant
Bradley Sverid d/b/a Southfleet Motor Inn
Uncle Frank’s
MA Audubon Society, Inc. d/b/a/ Wellfleet Bay Wildlife Sanctuary
Spring Brook Center, Inc. d/b/a Wellfleet Cinemas
Spring Brook Center, Inc. d/b/a Wellfleet Drive-In / Flea Market
Spring Brook Center, Inc., d/b/a Wellfleet Miniature Golf, Dairy Bar, Grill
C. K. Smith & Co., Inc. d/b/a Wellfleet Texaco
TEK Restaurant Group, Inc. d/b/a The Wicked Oyster
Wellfleet Market Place, Inc.
Lezli Rowell Moved to adjourn the meeting; Seconded by Richard Willecke; Passed 6-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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