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Present: Chair Richard Willecke, Lezli Rowell, Anne White, Kenneth Granlund, Health Agent Hillary Greenberg, Assistant Health Agent Andrew Petty, and Christine Bates, Committee Secretary
Regrets: Alex Hay
Chair Willecke called the meeting to order at 7:00 p.m. The meeting was tape-recorded.
Meeting Minutes
Lezli Rowell moved to approve meeting minutes of June 28, 2006 with amendments, seconded by Anne White, passed 4-0.
Variance Requests
1. Deck 2 Condo Association, 1780 Route 6, Map 29, Parcel 1: Septic Upgrade. John Schnaible of Coastal Engineering represented the applicant. He explained that there was a failure of the system serving Section A, and the Association determined that they wanted to upgrade the entire site. There are 65 bedrooms total. Schnaible gave an overview of the plan and explained the variances requested. Agent Greenberg stated this is a good plan for the site. The abutter from Map 29, Parcel 3, James Galvin, inquired why the proposed plan does not show his well, septic or lot lines, and asked how it would impact his future plans to subdivide; Rowell replied that necessary septic upgrades can not be held in abeyance for future developments and that the
abutters’ well would be shown if it were within 100’ of the proposed leaching facility. She commended the engineer and condo association for agreeing to the Board’s request to upgrade the entire property rather than face serial failures and phased upgrades.
Lezli Rowell moved to approve Coastal Engineering plan dated 06/28/06, with three sheets, and grant the variances requested in the letter of 06/29/06 for the upgrade of Deck II Condo Association, grandfathered, non-conforming dwellings (in respect to the Nitrogen Loading Limitation) utilizing pump-dosing per 310 MR 15.231 (1) and subject to the following conditions:
a) Design flow is to be limited to 7,150 GPD, to serve 65 bedrooms.
b) No increase in habitable area without Board of Health review.
c) There is to be no conversion of use without Board of Health review.
d) Well testing per DEP sampling schedule for PWS ID #4318003, with copies to the Health Department.
e) Any restriction in design flow and all conditions shall be recorded against the deed for the property at the Registry in placeCityBarnstable, and proof of deed recording shall be submitted to the Health Department prior to the issuance of the Disposal Works Permit.
f) All plan specifications for the operation and maintenance of sewage disposal system, and any performance monitoring and /or sampling requested by the Health Department or Board of Health to be incorporated in a signed service contract, with copy supplied to the Health Agent.
Seconded by Anne White; passed 4-0.
New Business:
Public Hearing -- Tobacco Regulations: The public hearing notice has been printed in a newspaper of local circulation and posted in town buildings. The Board discussed setting a fee for the propsed tobacco sales license. Jerry Bessette, a store owner, questioned the additional fee above his yearly business license fee. The Board explained that the Town of placeCityWellfleet needed to align its local regulations with State regulations, and that through licensing and the ability to revoke licensure from non-compliant businesses, there would be better control of tobacco sales regulations and access by youth. Attorney Ben Zehnder questioned the associated costs to the Town to enforce the new regulations. Willecke responded that the Health Agent deals with the notices of violations
currently and will continue to do so, that minimal license fees would merely cover administrative costs rather than raise revenue, and that these new regulations are for enforcement of tobacco sales to underage minors. Agent Greenberg stated towns are permitted to be more stringent in local regulations and penalties to those selling tobacco products to minors, but that all towns are to regulate the minimum of the Massachusetts General Law provisions. In response to a question posed from the Board, Agent Greenberg replied that fines collected will go to the town, not the state. Further discussion took place about the owners’ responsibilities in training employees to ask for ID from purchasing individuals. There will be an 18 month tolling period, and elimination of current violations. The effective date will be dateMonth1Day1Year2007January 1, 2007. The Board reviewed the proposed changes to the regulations and agreed to eliminate
Section I and maintain the current local violations. An initial license fee of $25.00 for a tobacco sales permit will be imposed on all commercial businesses selling tobacco products. Anne White moved to approve the local regulations for the sale of tobacco products to minors , as discussed; seconded by Ken Granlund; passed 4-0.
Willecke reported that Mark Vincent, Director of the DPW, recommended a $25.00 fee for use of the transfer station scale where the sole purpose is determining load weight, not tipping. The overall calibration, maintenance and repair costs of the scale are approximately $3,000 per year. Ken Granlund moved to approve the use of the scale by commercial vendors for the sole purpose of determining weight will incur a $25.00 fee per use, to be determined by fee schedule; seconded by Anne White; passed 4-0.
Tim Brady of East Cape Engineering requested an amendment to a standard condition in the variance approval granted on May 24, 2006, for Captain Higgins Restaurant, 250 Commercial Street, Map 21, Parcel 106. He felt that the application of the condition should be eliminated. He stated it might limit uses of the building in the future because it defines matching the seating capacity to the installed septic system design flow, from 215 seats to 107 seats, in the event that there is a failure and the design can not be brought up to at least 75% capacity. Rowell discussed the condition as part of a standard set used by the board in consensus for approximately four years and similar applications of the same requirement to either bring installation up to 75% capacity in an upgrade pursuant to a failure or match
use to installed design flow; she identified the section of language troubling the engineer as the explanation of such application in terms of seating. She affirmed that the design credit is permitted but usually at the exclusion of design credit to reduce depth to groundwater and in the case of the Captain Higgins plan, both credits were permitted. She felt that the board had already compromised from the local upgrade approval standard of requiring 75% design flow which specifically triggers use of the standard condition, both as a ‘standard operating procedure’ and as honest disclosure. However, she was willing to remove the extra wording that explains the standard condition. Anne White affirmed that it is ‘buyer beware’ and the explanation was not necessary.
Lezli Rowell moved to amend condition ‘b’ of the Board of Health’s May 24, 2006 variance approval and condition set to and eliminate the following sentence: If installation of 75% required SAS area (5643 GPD) cannot be achievable due to configuration of lot and structures, a reduction in the number of seats will be required to match leaching capacity provided, per 310 CMR 15.203 (or 107 seats for 3762 flow installed.); seconded by Anne White. Motion passed 4-0.
Licenses: There were no licenses.
Correspondence:
1. An e-mail was received from Alex Hay regarding his summer work schedule.
2. Notification of a Pandemic Preparedness simulation scheduled for August 25, 2006 at the Wellfleet Elementary School.
3. Listing of requirements for beach closures from the state.
Richard Willecke moved to adjourn the meeting at 8:20; seconded by Lezli Rowell; passed 4-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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