Wellfleet Board of Health
Minutes of Meeting of October 25, 2006
Senior Center, Long Pond Room, 7:00 p.m.
Present: Chair Richard Willecke, Kenneth Granlund, Lezli Rowell, Alex Hay, Health Agent Hillary Greenberg, Assistant Health Agent Andrew Petty and Christine Bates, Committee Secretary
Regrets: Anne White, Lezli Rowell,
Chair Willecke called the meeting to order at 7:00 p.m. The meeting was tape-recorded.
I. Minutes
The meeting minutes will be deferred to the next meeting, allowing members time for review.
II. Title V Variances Requests
1. Peets, 25 Centre St., Map 36, Parcel 9: Variance for setback to SAS to construct garage. Mr. Arthur Peets gave an overview of the project. Agent Greenberg stated that because it is a slab, she doesn’t have an issue with the construction. Richard Willecke stated the building cannot be used for habitation and the second story is to be used for storage, as the applicant stated. Willecke moved to approve plan 2002-135 and grant the variance for the proposed building at 25 Centre Street, 2nd by Alex Hay; passed 3-0 with the following conditions:
a) The structure shall have no heat.
b) There shall be no habitable space.
c) All restrictions shall be recorded against the deed for the property at the Registry in Barnstable, and proof of deed recording shall be submitted to the Health Department prior to the issuance of the Building Permit.
2. Boratko, 555 Old Wharf Rd., Map 35, Parcel 9: Septic upgrade . Emily Beebe represented the applicant. Willecke read the meeting minutes of 11/09/05 when Boratko came before the Board to discuss his voluntary upgrade. Willecke asked Beebe why they would be presenting the same plan that was presented in 1998 and denied. Beebe stated that there were mitigating factors. The current cess pool is functional and has been pumped out. Beebe does not feel an I/A system would be effective due to seasonal use. Beebe gave an overview of the area, including the marshland and Black Fish Creek. With a newly proposed plan, there could be a gain of 20 feet and the leach field would be beyond the 100 foot setback from the mean high
water. There is currently a 13 foot separation to ground level and the proposed system would have a 17 foot vertical separation. Willecke rejected the seasonal use argument since sale of the property could lead to year round use. Agent Greenberg stated she wants to abide by regulation 607 and not set a precedent for others to come forward with a requjest for a 607 variance b ased on vertical separation. Alex Hay stated he was concerned about the deed restrictions being lifted. Further discussion took place about the setbacks to the mean high water and the 1998 decision where it was suggested they come back with a different plan. Alternative suggestions were made which include moving the well on Parcel 10 and relocating the proposed septic system, moving the system to the paper road with the approval of the abutter, a tight tank, or the possibility of trading some land with the Town.
3. Fowler, 11 Pine Point Way, Map 21, Parcel 47: Variance for setback to SAS for new garage. Since the applicant failed to come to the hearing, Agent Greenberg gave an overview of the project, stating the current carport and shed is 10 feet from the SAS. They are looking for a 5 foot variance to the SAS. Ken Granlund moved to approve the variance; seconded by Alex Hay; passed 3-0 with the following conditions:
a) There shall be no habitable use of the structure
b) The structure is to remain unheated
c) The storage area not be finished
d) 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.
III. New Business
Agent Greenberg distributed revised regulations to the Board
Flu shots are scheduled for December 5, 2006 at theSenior Center
Rabies baiting took place this week.
IV. Licenses
Heidi Dyer The Best of the Wurst
Wellfleet Wine Cellar & Spirits Seaberry Surf Gift Shop
Diana Farrandino Maurice’s Campground
Southfleet Motor Inn Wellfleet Spirits Shoppe
Wellfleet Marketplace, Inc. Wellfleet Lodge
Mainstay Motor Inn PersonNameJames Rose
Cumberland Farms, Inc. Chocolate Sparrow
Cape Mariner Excursions Boathouse Fish Market
Tagan’s Cottages Paine’s Campground
Mac’s Shack Mac’s Seafood Takeout
Mac’s Seafood Market Good Homegrown
Winslow’s Tavern WHAT
Wellfleet Beachcomber Catch of the Day
Chequessett Yacht & Country Club Christine’s Oasis
Finely JP’s Van Rensselaer’s
On the Creek Café The Wicked Oyster
A Nice Cream Stop
V. Correspondence
· Notice of the State of the Harbor conference November 4, 2006.
· Letter regarding MacDonald property (Gilmore) septic permit expired and they are being fined $200 / day until area gets cleaned up.
· Stable inspection performed.
· Fowler’s appeal of a septic failure by Agent Greenberg. Greenberg determined that the 2 ½’ separation to ground water is a violation of Title 5 and detrimental to the public health. An opinion was requested from Town Counsel. Petty stated the septic was accidentally dug up by an abutter 20 years ago and that a variance to separation ground water was granted in consideration of the error. The appeal hearing will be held on November 8, 2006. Greenberg and Petty observed a test hole for separation to ground water.
Alex Hay moved to adjourn at time 8:00 pm; seconded by Richard Willecke; passed 3-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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