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Board of Health Minutes 04/03/08
Wellfleet Board of Health
        Minutes of Meeting of April 3, 2008
Senior Center, Long Pond Room, 7:00 p.m.

Present:  Chair Richard Willecke, Lezli Rowell, Alex Hay, Ken Granlund, John O’Hara,            Agent Greenberg, Assistant Agent Andrew Petty and Christine Bates, Committee Secretary

Chair Willecke called the meeting to order at 7:00 pm.  

I.      Title V Variances Requests

Wood, 1116 Brown’s Neck Rd., Map 7, Parcel 71 (Cont’d from 03/20/08)
Allan Cabral of Felco Engineering gave an overview of the project.  Alex Hay disclosed that Felco is doing work for him.  A sunroom addition is proposed with a crawl space under the addition.  Lezli Rowell moved to approve Felco Plan 07165 revised 04/03/08 and grant the retrospective variance subject to the following conditions:
1.      Design flow to be limited to 490 gpd, to serve four bedrooms.
2.      The well water shall be tested and found potable, with results copied to the Health Department, prior to issuance of the Disposal Works Permit.
3.      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 deed recording shall be submitted to the Health Department prior to the issuance of the Disposal Works Permit.
Seconded by Alex Hay, passed 5-0.  

Crosen, 370 Ocean View Rd., Map 24, Parcel 56 (Cont’d from 3/20/08).  Emily Beebe gave an overview of the revised master sheet which identified the cesspools for each cottage, the number of bedrooms in each of the cottages on the property and all potential upgrades.  She described where future wells and leaching fields would be located, with demonstrated component sizing and spatial availability, for a total upgrade.  Attorney  Ben Zehnder discussed the deed and authorized signatures and will prepare a deed restriction for the two parcels addressing the Board’s concern that the smaller lot retain rights use use to the water supply well on the larger parcel..  

Lezli Rowell moved to approve the Beebe master plan 1245 and proposed disposal system upgrade to for cottage #1, dated 03/11/08, and the variances requested in letter of 02/18/08, for the upgrade of a septic system to serve three (3) bedrooms, a portion of the total 19 bedroom property, (grandfathered and nonconforming, with respect to Nitrogen Loading Limitation), subject to the following conditions:
1.      Design flow of subject septic system is to be limited to serve 330 gpd to serve bedrooms.
2.      The new well shall be connected and put in service under the benefit of proper plumbing and electrical permits, and well shall be tested and found potable, with results copied to the Health Department, prior to issuance of the disposal Works Permit.
3.      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 deed recording shall be submitted to the Health Department prior to the issuance of the Disposal Works Permit
4.      Deed protection for smaller property water supply larger property per Attorney Ben Zehnder’s draft language with final submitted to Health Department.  Variances to take affect upon receipt of recorded deed.
Seconded by Alex Hay; passed 5-0.

Flying Fish Café, 29 Briar Lane, Map 14, Parcel 26.  Beebe and Sarah Robbins, owner.   Ken disclosed that he is on the Board of Directors of Chamber of Commerce with  the owner and that his son works for her.   Emily Beebe gave an overview of the property, stating the system in place was inspected, identifying a 3 ½ foot groundwater separation, and she documented the pooling in the distribution box.  Pooling does not allow Beebe to pass inspection upon report.  She proposes to use the White Knight inoculation system to demonstrate whether it could be used to remediate the leaching area and treat the water to overcome the short comings of the system, and if successful, phase in as a denitrifying component.  The existing components would be left in the ground.  Beebe will provide performance testing results to the Board of Health.  

Agent Greenberg noted concern with the commercial application for the technology, and Beebe replied that she will get an approval letter from DEP.  There was a 4 feet groundwater separation when the system was installed, but there is presently 3 ½ feet of vertical protection.  Agent Greenberg stated that she is also concerned with the separation to ground water, and would be considered this inspection detail a finding of system failure.  Beebe requested a six month trial period with the inoculation plan to rehabilitate, and presented the applicant’s commitment that if it doesn’t work, the septic will have to be upgraded.  

The Board requested the following:  a site plan identifying where an upgrade would go, a letter from DEP, scoping SAS with camera, completion of official inspection forms, Section B of design standards of modified approval for remedial use, water-tight tanks, and the signature of Bob Silva, contractor to perform the White Knight rehabilitation.  Petty requested to be a part of any inspections of SAS.  Product literature and regulatory materials will be given to Agent Greenberg.  Lezli Rowell moved to continue to until the receipt of the requested materials; seconded by Alex Hay; passed 5-0.  
   
Hall, 90 Aunt Sarah’s Way, Map 42, Parcel 58.  Peter Hall and Emily Beebe explained that the existing system required a variance in order to remain in place which was 6’ from the foundation slab of the garage.  The new plan was approved, but a variance for 6 feet to the existing septic tank from the foundation was not recorded.  Lezli Rowell moved to approve the variance under the same conditions; Ken Granlund seconded; passed 5-0.  

II.     Old Business

Bookstore Restaurant, 50 Kendrick Ave., Map 20, Parcel 3:  Septic Plan Review.  Tim Brady distributed a plan based on the existing conditions at the site.  He stated that he talked to the DPW and will meet with the Water Commissioners next week regarding a request to hook-up into the public water supply.  He gave an overview of the new installation of a septic tank and an I/A system.  The Bookstore has requested bids and timeframes for installation but has not received any information as yet from contractors.  Discussion included where retaining walls would be installed, the necessary grading to the property and a general overview of the proposed upgrade.  There was discussion regarding groundwater levels.  A monitoring well has been installed.  Brady stated that they have to get state approval because it is in Zone 1 of the public water supply area.  The Board agreed they would like to see a fully sized leaching field, rather than application of the design credit with I/A to reduce the SAS.  The alternative system package needs to be determined; plans demonstrate potential locations and loading ratings for four possible configurations.  The actual construction timeframe would be approximately 3 weeks.  Mrs. Parlante stated that she would like to stay in business while construction takes place.   Brady stated if town water were approved, the alternative treatment would not be required by Title 5; however, the SAS would have to be elevated an additional foot to achieve the full separation to groundwater.  Brady asked about increasing the seats if they got town water.  The Board affirmed that any expansion request would viewed it as ‘New Construction’ performance standard under Title 5.  Mrs. Parlante has taken some of the tables and stools out of the restaurant. Brady stated he feels they can have 116 seats (based on tavern seat ratings and restaurant seats) in keeping with the grandfathered design flow of 3325 gpd per the 3/27/80 Board of Health approved septic plan.  Agent Greenberg read the letter from Brian Dudley of DEP stating that they are investigating the property and requiring the removal of certain seats observed.  Brady stated he would reply for the applicant. Richard Willecke moved to continue to April 17, seconded by Lezli Rowell; passed 5-0.

Fee Schedules:  Richard Willecke does not want to increase the $75.00 residential fees for people who voluntarily upgrade.  Agent Greenberg and Andrew Petty will determine the amount of time various tasks take to perform and come back to the Board with recommended fee increases for the next meeting.  The decision will be presented at an public meeting when the Baord considers regulations.    

III.          Licenses
        Wellfleet Elementary PTA, Mac’s, and Mustard Seed Kitchen

IV.     Minutes
    Richard Willecke moved to approve the February 7, 2008 as presented; seconded      by John O’Hara; passed 3-0.
        Lezli Rowell moved to approve the March 6, 2008 with amendments; seconded by Richard Willecke 2nd; passed 4-0.
V.       Correspondence         

          Brochures,
        Various letters
        Notification of conferences, workshops, etc.
        
Alex Hay moved to adjourn at 8:50 pm; seconded by Lezli Rowell; passed 5-0.

Respectfully submitted,

Christine A. Bates
Committee Secretary