Skip Navigation
This table is used for column layout.
Board of Health Minutes 04/22/08
Wellfleet Board of Health
Meeting Minutes
April 22, 2008, 8:00 pm
DPW Hearing Room

Attendees:  Richard Willecke, Lezli Rowell, Alex Hay
Staff Present: Hillary Greenberg
Regrets: Ken Granlund, John O’Hara

Meeting called to order at 8:00PM


The Bookstore Restaurant
Tim Brady of East Cape Engineering presented completed engineered plans for the subsurface sewage disposal system for the Bookstore Restaurant, presenting I/A technology as required by local regulation 607, “The use of a nitrogen reducing system is required when there is a variance to the required 100 feet separation between a drinking water supply well and a soil absorption system, or when a soil absorption system is located less than 100 feet from a salt marsh or any marine surface water”.  

One new variance, not previously requested in draft version plans reviewed by the Board, is placement of the septic tank within 7’ of the property line.  The existing 1500 gallon grease trap will be reused.  The groundwater level was determined by a monitoring well that has been onsite through several high tide cycles and adjustment methodology that has been accepted by the Board and utilized at a location of similar use, elevation and proximity to resources.  The proposed system is still within the zone I protective radius of the public water supply for the restaurant, due to the constraint of lot size and configuration.  A vinyl liner will be placed around the entire system to prevent vapor migration and breakout from the elevated SAS.  It was noted that the full 5’ vertical separation to groundwater has been achieved, requiring site regarding and retaining walls, but the Board found this preferable to the use of design credit with the I/A to reduce the setback.  

Tim Brady stated that he has not checked with the DEP yet regarding moving the soil absorption system 4’ closer to the existing PWS well but does however intend to do this, since the plan will require DEP review.  It was noted that the state has a 60 day review period but the applicant would contact the Department to seek an expedited review. The Board discussed construction protocols, and allowing use of a tight tank as an interim measure during construction of the new SAS.  This will be closely monitored by East Cape Engineering, on Mondays and Thursdays with results of all inspections submitted to the Health Department by Friday of each week for review with pumping as needed or once a week.  Ms Parlante noted her water saving plumbing fixtures and plans to apply conservation methods.

The Board felts that the plan presented, with denitrification technology, is approvable with conditions in respect the performance under the enforcement orders to upgrade and management of the construction activities.  

Lezli Rowell moved to approve the East Cape Engineering plan dated 4/21/08 and grant the variances requested  in the letter of  April 22, 2008 for the upgrade of septic system, under enforcement orders, to a structure grandfathered and non-conforming (with respect to the Nitrogen Loading Limitation) using Septi-Tech denitrification technology under the Remedial Use approval category, and subject to the following conditions:

a)      2008 Business License is withheld until the Certificate of Compliance is issued for the installation of the Septic System.
b)      The applicant must apply for the Disposal Works Construction permit immediately upon approval of engineering plans by DEP.
c)      Project to commence immediately upon the issuance of Disposal Works Permit.
d)      During construction, the applicant shall sever connection to the failed leaching components, with verification by the Health Department, and operate the existing septic holding as a tight tank, until such time as all proper connections can be made to the newly construction SAS.
e)      Tight tank shall be monitored by East Cape Engineering and pumped on an as needed basis, with records submitted to the Health Department.  In the event that the Health Agent determines that additional pumping frequency is required, the applicant will comply or face closure.
f)      In the event that the applicant experiences reasonable delays, the Health Agent will be notified promptly and with full explanation.  In the event that the Health Agent deems any delay to be unreasonable, the applicant will be required to show cause to the Board of Health as to why the restaurant and retail uses should not be ordered to cease and desist in all business operations until such time as there is full compliance with the July 20, 2007 Enforcement Orders and notice to upgrade septic.
g)      Design flow to be limited to 3,380 gpd for the restaurant and retail
h)      There is to be no conversion of use without Board of Health review.
i)      The well water shall be tested and found potable, with results copied to the Health Department, prior to issuance of the Disposal Works Permit.
j)      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.
k)      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.
l)      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 be sampled for these parameters once annually.  The schedule for monitoring shall be quarterly for the first 2 years of operation, semi-annually for the next 2 years, and 1 sample annually from then on.  Upon transfer of deed this schedule shall be restarted.  All results copied to the Health Department and the Barnstable County Department of Health and the Environment, with data provided in what format is acceptable to those agents.  Any other sampling per DEP approval.

seconded by Richard Willecke; all members present voted in favor of the proposal.  

The Bookstore also wishes to continue to pursue Town water and Brady indicated that in the event that a hookup is secured before the Construction of Disposal Works Permit is secured, he would submit a revised plan to the Board.  The meeting ended with the Chairman giving an overview of a Water Commissioner’s meeting that addressed the request from the Parlante’s for municipal water hook up.  

Respectfully submitted,

Hillary Greenberg