Wellfleet Board of Health
Minutes of Meeting of April 17, 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
McNulty, 31 E. Commercial St., Map 15, Parcel 112. Agent Greenberg gave an overview of the project describing Mrs. McNulty’s project. Variances were granted in 2000 and she is currently requesting a newly created four foot variance to the foundation instead of the 7 foot setback previously granted, for an addition to her dwelling. She is eliminating a bedroom. Lezli Rowell moved to approve the request subject to the following conditions:
1. Design flow to be limited to 888 PGD, to serve seven bedrooms
2. No increase in habitable area without Board of Health review.
3. There is to be no conversion of use without Board of Health review.
4. The well water shall be tested and found potable, with results copied to the Health Department, prior to issuance of the Disposal Works Permit.
5. Any replacement of on-site well connection with Municipal Water Supply shall be done under benefit of proper plumbing and electrical permits, and authorization by the Water Commissioners and in compliance with the Water System rules and regulations.
6. 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.
Flying Fish Café, 29 Briar Lane, Map 14, Parcel 26. Emily Beebe represented Sarah Robin, the owner. Beebe stated that there was an exchange with DEP regarding commercial applications, but she does not have a copy of the approval letter, as requested by the Board. She distributed a preliminary plan identifying area available for sting a septic upgrade and dimensional requirements of components. Beebe stated that she has discussed the White Knight inoculation rehabilitation treatment system with the McDonald’s in placeCityFalmouth, and she gave an overview of how it is performing for them. Beebe reviewed the proposed design flow and stated that the restaurant would go to a paper service, and already has water
conservation efforts in place. She gave an overview of the various tests that she had performed, and noted that the groundwater level was higher than the elevation in the specifications of the installed septic system, perhaps seasonally. Agent Greenberg stated that she received an approval letter from DEP for use of the technology, that the site inspections were fine except for the alarm that requires a repair, and she recommends that a trial is a good solution for the business. If the system can not be rehabilitated, there is space available on the property for a septic upgrade. Lezli Rowell moved to approve the remedial plan with conditions:
1. Design flow to be limited to 1,200 gpd for the restaurant and 220 gpd for bedrooms.
2. Submittal to Health Department of DEP approval letter to permit application of innoculator technology for commercial use project.
3. Performance data to be submitted to the Health Department
4. Requirement to upgrade in the event that pilot project fails to remedy the system and the Health Department determines there is a failure.
5. The alarm float is to be repaired.
6. A variance has been granted to allow a reduction in the size of the leach area provided. Any functional or hydraulic failure will necessitate upgrade to Title 5 Code LTAR soil absorptions system calculated to at least 75% of the design flow.
7. Any replacement of on-site well connection with Municipal Water Supply shall be done under benefit of proper plumbing and electrical permits, and authorization by the Water Commissioners, and in compliance with the Water System rules and regulations.
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.
Bookstore Restaurant, 50 Kendrick Ave., Map 20, Parcel 3: Septic Upgrade. Alex Hay disclosed he is a restaurant owner in the town of Wellfleet. Tim Brady, Mrs. Parlante and Attorney Bob Bianchi came to the table and Brady gave an overview of the activities regarding the restaurant which included talking with the Water Commissioners, the groundwater elevation monitoring performed, preliminary cost estimates received for the various I/A technologies under consideration. He asked the Board to continue the hearing to allow the applicant to go to the Water Commissioners next meeting seeking a hook-up into the municipal public water supply system. Willecke and Rowell reviewed the enforcement history to date and affirmed that the Bookstore is
under enforcement orders for a septic failure, not a water supply issue. The Board denied a continuation. Brady stated that the water commissioners need to get meter readings from the Bookstore to determine the usage of the restaurant. Agent Greenberg stated the restaurant had in excess of 200 chairs at the current time. Further discussion took place regarding the number of times Mrs. Parlante, or her representative, has come to the Board and what was required of them. The applicant was advised that it will take up to 60 days for DEP to review plans after local approval, and that the Conservation Commission review would take 30 days at minimum, and the Board was not going to wait for the Water Commission. Rowell characterized any additional delay as contumacious and warned that the Board has the authority to order the restaurant to cease and desist operating due to the non-compliance with the existing enforcement orders and the granted time
extension. After reviewing the preliminary types of variances required for an I/A system, the potential of shutting down the restaurant, and the need for finalized plans; the Board agreed to a special meeting.
Lezli Rowell moved to continue the hearing to April 22, 2008 at 8:00 pm at the DPW building meeting room; seconded by Alex Hay; passed 5-0.
II. Business
Bezio, 135 Marven Way, Map 21, Parcel 25, Stable (Cont’d from 03/06/08). Agent Greenberg stated the paddock fence is too close to Durkee’s property and straw bales and silt fence would have to be placed along the coastal bank (southwest side). Rowell recommended plantings along the Durkee property line for visual screening, and stated her support for the Health Department to manage animal permits and manure management plans as previously permitted in many applications to smaller properties. The chair noted distinctions between the zoning use criteria of ‘detriment to the neighborhood’ and the Board of Health criteria that had been satisfied by the applicant and prior animal permits. After discussing the nuisance issue
to the neighborhood, the Board opened the discussion to the audience. Abutters expressed concern regarding the manure management plan, the environment and water quality. Richard Willecke read a letter signed by 20 abutters objecting to the stable. Lezli Rowell moved to approve the request for a stable with the following conditions:
· a silt barrier will be placed at the 100’ coastal bank line to control erosion,
· the paddock fence is to be set back 5 feet from the south east side with plantings outside of the fence to provide a visual screen,
· the stable is for personal private use only with no commercial boarding,
· if any additional horses come to the property for visitation, the applicant shall provide prior notice to the Health Department,
· a manure management plan is to be submitted to the Health Department and
· the permit is subject to annual review annually,
· and there shall be no access to the beach.
Seconded by Ken Granlund; passed 3-2.
Wellfleeter Condo’s, 275 Kendrick Ave., Map 20, Parcel 32. John Schnaible, Attorney Jamie Veara, and Nick Kanavos, site director of the condominiums, gave an overview of the revised plan, identifying setbacks, well locations, wetland areas, zone 1 protective radius for the public water supply well per DEP, and identified the existing systems. He stated that the existing system will be filled in and an I/A system will be installed. Schnaible will come back with a formal variance request with final plans.
Fees: Agent Greenberg stated that it is difficult to raise costs when there is no increase in service, but presented the Board with fees that have been recommended as reflections of the amount of office and staff time required to perform. The Town Administrator has reviewed the proposed fee increases. Willecke stated he discussed future fee increases with DPW Director, Mark Vincent, who will get back with Richard. Agent Greenberg stated Wellfleet’s fees are some of the highest on the Cape.
Alex Hay moved to approve the proposed fees; seconded by Ken Granlund who also motioned to include the following: a $50.00 installation fee for residential pools and hot tubs; seconded by Hay; total plan approved 5-0.
Hay stated he would like to see a “pay per bag” trash fee. Other areas in the country have this system and it has cut back on the refuse considerably, with more recycling.
Bags can be purchased at the grocery stores. Hay and Willecke will have a discussion with Mark Vincent.
III. Licenses
Flying Fish Restaurant
IV Minutes
Minutes will be reviewed at the next meeting.
V. Correspondence
The Board reviewed plans for a Subdivision located at Old Kings Hwy and Cottontail (Dorothy Clover, owner). Another plan was off of Old Kings Hwy for Atwood, owner.
Southwellfleet General Store – has indoor seating and Agent Greenberg sent a letter stating that the owner has to remove the indoor restaurant seating.
A copy of Greenberg’s letter to the Bookstore identifying various seating violations, etc.
Notification of rabies vaccinations the last week in April.
Copies of the new recycling and trash leaflet for rental home flyers.
Willecke moved to adjourn at 9:05 pm; seconded by Rowell; passed 5-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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