urBoard of Health Meeting Minutes of August 7, 2008
Senior Center, Long Pond Room,7:00 p.m.
Present: Richard Willecke, Lezli Rowell, Alex Hay, Health Agent Hillary Greenberg, Assistant Agent Andrew Petty and Christine Bates, Committee Secretary
Regrets: Ken Granlund and John O’Hara
Chair Willecke called the meeting to order at 7:07 pm.
I. Title V Variances Requests
1. Wellfleeter Condominium Assoc., 275 Kendrick Ave., Map 20, Parcel 32: Septic Upgrade. The applicant requested a continuation to 9/3/08.
2. Glucksman, 165 Commercial St., Map 21, Parcel 118: Septic Upgrade.
The board had previously approved a septic system with variances for this property but it was never installed due to DEP requirements to protect the abutting public water supply system. In May of 2002, the design flow was presented as 850 gpd for 7 bedrooms and gallery area, then reduced after review by the board and the Health Agent to 740 gpd in upon approval in November, 2002, for 6 bedrooms and gallery as grandfathered, with the plan was conditioned that the garden shed was not to be used as habitable space. The present plan shows an artist studio in the shed with a full bathroom, violating the condition against convertibility into habitable space. Agent Greenberg that stated she has not allowed studios to have showers. Rowell asked about the impact of the pottery slip and glazing materials passing
fine particulates into the proposed I/A components, and questioned whether it would be detrimental to the function, and asked the engineer if an art trap could be placed under the sink. The engineer stated he would have to ask his client the use questions. Alex Hay suggested that the Health Agent plan a site visit. Richard Willecke moved to continue to 9/3/08; seconded by Lezli Rowell; passed 3-0.
II. Business
Board of Health Regulations Public Hearing
Changes to Local Regulations, see Section 300: Definitions, Section 403: Regulatory Process and General Provisions, Section 603: Subsurface Sewage Disposal Systems, Section 8000: Fee Schedule, and the addition of Section 2000A Rules and Regulations for Body art Establishments and Practitioners.
The Board reviewed the definitions and improvements to the existing regulatory language, and newly proposed ‘Body Art’ sections. There was discussion regarding the fees for body art practitioners and operations. Lezli Rowell moved the amended Board of Health regulations; seconded by Alex Hay; passed 3-0.
Willecke moved to adjust the fees for Body Art establishment from $400 to $600 and a practitioners fee of $400 each; seconded by Alex Hay; passed 3-0.
The Board discussed the Town’s recycling program and other towns’ transfer station activities. Further discussions will take place with the DPW.
III. New Business: Andrew Petty was asked by the Chair of the Water Commissioners to do a seat count at the Bookstore Restaurant, and he counted 223 seats. They are permitted for a total design flow of 3,325 gpd., and this is an observed violation.
The Water Commission needs to know how many seats to calculate water demand and protect the system from excessive withdrawals. Rowell stated that conditions of the various enforcement orders and extensions to come into compliance granted were being defied where the approved and grandfathered flow is not being maintained, and recommended that the Board permit the Health Agent to serve a ‘Cease and Desist’ order against any further violations of the permitted design flow capacity.
The Bookstore has a trial hookup for Town public water supply for three months. The state determined the number of seats in a prior septic design approval, not the Board of Health. Rowell stated that the board does not want to wait another year speculating whether the Bookstore will go to the zoning board of appeals seeking use for more seating, the DEP and Water Commissioners for increases in PWS withdrawal and another septic system design to accommodate more seating when the existing, protected use has an approved septic upgrade under appeal to the DEP.
Alex Hay stated he would have to recuse himself on any motions. Willecke stated he will call the Attorney for the Board of Health at the State level for guidance. Agent Greenberg stated that she will use the ‘Cease and Desist’ option to remove the excess chairs altogether. She will draft a letter and fax it to the Bookstore’s attorney. Willecke will call Town Administrator Paul Sieloff, giving him the background on the property and request access to town counsel. There was further discussion regarding the possible enforcement actions the Board could take.
Other:
Rowell questioned why the Board of Health was left out of the loop in reviewing the Town owned parcels for sale. She stated it is important for the board review due to well location, nitrogen issues, wastewater planning, etc. Agent Greenberg Hillary stated that the initial information she received was not acceptable for distribution.
III. Licenses
No licenses
IV Minutes
The 6/5/08 and 7/17/08 meeting minutes require a quorum and will be addressed at the next meeting.
Lezli Rowell moved to approve the dateMonth5Day15Year20085/15/08 minutes as amended; seconded by Richard Willecke; passed 3-0.
V. Correspondence
Agent Greenberg reported there will be a Public Scoping Meeting for the Herring River Restoration project on 8/14/08 at 2:00 pm at the Sr. Center.
Lezli Rowell stated she is interested in getting some funding for a demonstration project in town, such as the Wacquoit Bay nitrogen interception trenches, and will discuss at a wastewater management meeting.
Andrew Petty was requested to report the history between the Bookstore Restaurant and the Board of Health to the Water Commissioners.
Lezli Rowell moved to adjourn at 8:35 pm; seconded by Alex Hay; passed 3-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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