Wellfleet Board of Health
Minutes of Meeting of November 6, 2008
Senior Center, Long Pond Room, 7:00 p.m.
Present: Richard Willecke, Lezli Rowell, and John O’Hara; Agent Hillary Greenberg, Assistant Agent Andrew Petty and Christine Bates, Committee Secretary
Regrets: Alex Hay and Ken Granlund.
Chair Willecke called the meeting to order at 7:00 pm.
1. Title V Variances Requests
1. Cattuccio, 174 Pleasant Point Rd., Map 35, Parcel 113, Septic Upgrade (Cont’d 10/17/08). Keith Fernandez of J. M. O’Reilly Engineering gave an overview of the project, stating that it is a voluntary upgrade. The Health Department confirmed that there are five bedrooms after reviewing the loft area in a site inspection. Lezli Rowell moved to approve the Cattuccio plans numbered JM0-6082 and revised 10/28/08, and grant the eight variances requested in the letter of 10/29/08, for the upgrade of a septic system to serve a five (5) bedroom structure in compliance with the Nitrogen Loading Limitation, with FAST
denitrification I/A technology under the Remedial Approval use category, subject to the following conditions:
(a) Hand pump irrigation well to be labeled “not for potable use”
(b) Design flow to be limited to 550 gpd, to serve five bedrooms
(c) A variance has been granted to allow a reduction in the size of the leach area provided to 288.6 gpd. 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.
(d) No increase in habitable area without Board of Health review.
(e) There is to be no conversion of use without Board of Health review.
(f) 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.
(g) A copy of a 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. The system is to be equipped with a modem and auto dialer programmed to automatically call the maintenance company if alarm conditions occur. Monitoring shall be quarterly for effluent for the following parameters; temperature, pH, nitrate, ammonia, BOD, TSS, Total Nitrogen and TKN. The influent shall be sampled for these parameters biannually. 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. If sampling data results exceed maximum effluent discharge limits, a sys tem modification will be required. The Board of Health will evaluate limits that are exceeded twice in a years time. 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 DEPO approval.
Seconded by John O’Hara; passed 3-0.
2. Freeman, 90 Cliff Rd., Map 24, Parcel 128: new well. Alan Cabral from Felco Engineering gave an overview of the project. The well will encroach on the septic tank and leach pit. The location of the existing well may be in jeopardy due to the close location to the eroding coastal bank. Agent Greenberg stated that if the septic system fails, the applicant would have to install an I/A technology septic system due to the failure to achieve 100’ separation from the well. The existing septic was installed in 1994 and passed an inspection in October 2005. There was discussion concerning the procedural septic variance being created
under the applicable I/A requirement, and the question of whether the applicant would be willing to use the existing well until the erosion of the bank forced them to install the well, all while having the paperwork in place. Rowell expressed concern with moving the well closer to the septic with no plan to upgrade the septic at this time. Agent Greenberg stated that a condition of the well variance approval should be water testing three or four times per year to monitor the nitrates, due to the closer proximity to the septic system, to monitor for failure. Lezli Rowell moved to approve the Freeman plan numbered 08107 and dated 9/15/08, and grant the two variances requested in the 10/20/08 letter, for the installation of a new well with the following conditions:
(a) There shall be a three year sunset on validity of well approval.
(b) There shall be quarterly potable well sampling with results copied to the Health Department.
(c) Any results for nitrates over 5 mg/L will result in a consultation with the Board of Health and potential septic inspection.
seconded by John OI’Hara; passed 3-0.
3. Schiffrin, 174 Samoset, Map 28, Parcel 89, Increase in habitable area proposed by building plans, subject to conditions of septic system variances granted.
Judy Bersin of Ryder Wilcox gave an overview of the project, stating that the applicants want to replace the two buildings with a duplex dwelling with a second story. She stated that there would be no change in any of the variances but a doubling of the building mass. Agent Greenberg provided a compliance history on the property stating that the septic system failed in 2006, and enforcement orders were appealed and upheld by the Baord. A plan was finally submitted to and approved by the Board of Health on May 28, 2008, which has not yet been installed. The Board advised Bersin that there would not be any approvals to release the deed recorded condition against any increase to habitable area, as is a standard variance approval restriction on undersized properties, until the system is
installed and the certificate of compliance has been signed off. Rowell felt that the first priority, ahead of any remodeling plans, is compliance with the outstanding Board orders to upgrade the failed septic system.
2. Old Business
Book Store Restaurant: Carol Parlante stated that she is unable to get her business license because she has not upgraded the septic system. Chair Willecke gave a chronology of the enforcement orders history. Tim Brady stated that they are still working with the Water Commissioners, who have been having difficulties with getting a quorum, to approve a permanent connection to the public water. The restaurant currently has a temporary approval and there has been monitoring of the water flow. Agent Greenberg noted that she has not received any reports of the monitoring as agreed, nor has the Health Department been copied on any of the requests for the Water Commissioners. Brady stated that if they are approved for a permanent connection to the municipal water supply from the
Water Commissioners, then DEP would approve the submitted plan with the locus well variance removed Agent Greenberg stated that it had just come to her attention that Brady requested another deadline extension from the state, rather than submitting an appeal of the septic plan denial, and she felt that the applicant could have appealed based upon the temporary hook-up, with an agreement to use the upgraded installation as a tight tank until the permanent well hook-up approval removes the variance from the plan. Chair Willecke stated that Ms. Parlante was given six months reprieve and the business was allowed to stay open, and Rowell noted that she proceeded at her own risk operating the business unlicensed while the Board of Health would not accept the risk of signing off on the business license where the applicant remained in non-compliance with its enforcement orders and the food establishment sanitary code.
Willecke did not accept Ms. Parlante’s statement of blaming the Board of Health for her not getting her license. Willecke stated that the Board would become subject to complaints from the State for not following regulations if the license were issued. Brady stated that the restaurant is operating within the agreements made and they are in the process of getting other necessary approvals. Rowell moved to incorporate the Health Agent’s chronology into the minutes, as presented to the Board of Health; seconded by Willecke; passed 3-0.
The Bookstore Restaurant History as of April 17, 2008
1. 1980: Sewage Disposal Permit for a 95 seat restaurant with a total daily flow of 3480 GPD
2. Certificate of Compliance issued in September 1981
3. 12/21/05: Sewage disposal permit to inspect leach field 95 seats listed on permit signed by Michael Parlante
4. More than 4 pumpings identified in July of 2007
5. July 20, 2007: issued ORDER to upgrade, system to be replaced within 60 days
6. August 1, 2007: Mike Parlante appealed Health Agent’s decision in writing
7. August 6, 2007: seat count conducted by Andrew Petty, 14 on patio, 50 in lower dining room, 32 on lower deck, 57 in top dining room, 32 on top deck, 21 at the bar, 26 + 14 person bench for a total of 246
8. August 7, 2007: Complaint regarding sewage overflow during the evening of August 4, 2007: around 10 PM. Site inspection conducted, spoke with Mike Parlante who denied said overflow
9. August 8, 2007: Board of Health meeting to appeal Health Agent’s decision, Rowell moved that “The BOH sustain the Health Agent’s decision of failure for the septic system serving The Bookstore Restaurant, and allow for continued maintenance pumpings in the interim, and
grant extension for upgrade deadline; requested that Parlante provide maintenance records to the Health Department, and report back to the Board within six months with engineered plans for the required upgrade.” Passed by a vote of 4-0
10. February 13, 2008: Letter issued to Ms. Parlante advising that six months had passed with no engineered plans submitted to the Board and that her business license would remain on hold until such plans were received.
11. February 14, 2008: Emily Beebe submitted an extension request for The Bookstore Restaurant to comply with order to submit septic upgrade plans
12. February 21, 2008: Board of Health listened to request for extension, discussion took place regarding “White Knight” technology; it was decided that this technology could not be used at this site due to DEP approval letter for product. Beebe would return to the Board within 2 weeks with a new plan.
13. March 6, 2008: Board of Health meeting, Board voted 4-0 to have preliminary plans submitted to the Board within 2 weeks time, Final plans to be submitted within 4 weeks time, with completion of construction date to be determined after the approval of plans, the business license will be withheld until completion of construction, and any failure to
comply will result in a Board of Health closure of the Restaurant and may result in court ordered enforcement
14. March 13, 2008: Letter issued to East Cape Engineering, DEP, Bookstore Restaurant stating the files on record clearly show the establishment as a 95 seat restaurant and the new design plans should match accordingly.
15. March 19, 2008: soil evaluation conducted, water monitoring well installed to establish ground water elevation
16. March 20, 2008: Board of Health Meeting, discussion took place regarding hooking up to municipal water supply and I/A technology. No plans were submitted, no extensions were granted; motion from March 6, 2008 still stood.
17. March 20, 2008: Health Agent received letter from DEP requesting information following a complaint received at their office for a failed subsurface sewage disposal system at the Bookstore Restaurant.
18. April 3, 2008: Board of Health meeting, East Cape Engineering passed out preliminary plans to the Board, discussion took place regarding what type of system the Board was interested in, high groundwater determination, I/A technology, leach field sizing and setbacks. Final plans to be submitted with variances requested at the next BOH meeting on April 17, 2008.
19. April 16, 2008: Sanitary Survey conducted at Restaurant with DEP, 95 seats enforced by DEP.
20. April 17, 2008: Letter issued to Bookstore Restaurant, ORDERED to reduce seating immediately to 95 and ORDER to correct food code violations within one weeks time
21. April 17, 2008: BOH meeting, Tim Brady requested a continuance so the Bookstore could get a more definitive answer on a hook up to the municipal water system. BOH denied the request for an extension and opted to hold an emergency meeting to approve plans on dateYear2008Day22Month4April 22, 2008.
22. April 22, 2008: BOH meeting, variances granted and a plan was approved. The state DEP has 60 days to grant approval.
23. June 13, 2008: DEP denies variance request because SAS is located within a zone I of their PWS, current plan increases flow from 3325 gpd to 3380 gpd, and DEP has a record of another water supply well on the property that was not shown on the plan; Septi-tech unit will have to operate under Provisional Use, not general use, the existing grease trap should be relocated to maximize separation from the water supply well. DEP gives 60 days to address deficiencies (August 12, 2008).
24. July 18, 2008: Meeting held at MA DEP to discuss potential for the Bookstore to hook up to municipal water. Septic flow is discussed as the numbers are very close to the maximum water system capability. Mike Quink, Tim Brady, Brian Dudley, Robert Bianchi, Mike Parlante, Carol Parlante, Julia Willecke, Paul Millett, Moe Barocas, and Hillary Greenberg were all in attendance. DEP advised that a temporary hook up (three months) to the municipal water system would be allowed to gauge an accurate water flow from the establishment as the flow on the establishments meter differed by
800,000 gallons between years.
25. July 21, 2008: Letter from Tim Brady requesting a 90 day extension to allow the town water issue to be pursued and to address other comments on DEP letter of June 13, 2008.
26. August 7, 2008: Board of Water Commissioners requests a seat count by the Assistant Health & Conservation Agent. Count turns up 223 seats.
27. August 8, 2008: Cease & Desist letter issued to Bookstore for operations in excess of 3325 gallon per day flow. Bob Bianchi, attorney for Bookstore was advised prior to issuance of letter. Meeting with Paul Sieloff to request Town Counsel assistance.
28. August 8, 2008: seat count in compliance
29. August 12, 2008: DEP deadline to address deficiencies. No correspondence has been received by this office addressing deficiencies or approving a 90 day extension.
30. September 11, 2008: Deadline as established by East Cape Engineering (90 days). No updates from East Cape Engineering and no approvals for extension from MA DEP.
31. October 30, 2008: Received a call from Paul Sieloff regarding issuance of business license for Bookstore. Bookstore is having a problem obtaining insurance without business license.
32.October 29, 2008: Letter from East Cape Engineering (received by Health Department on November 6, 2008) requesting an additional 90 day extension while they await final approval from Water Commissioners.
33. November 6, 2008: Letter sent to Water Commissioners from Health Office inquiring on status of Bookstore water system hook up and water usage.
Willecke stated that the Board has to draw the line and follow State regulations, and if the Board allowed a business license to a noncompliant operation, there could be liability to the Board and the Town, as well as being scrutinized by the State Department of Health. Agent Greenberg stated that she cannot support granting the license, and Willecke stated that the Board has received public scrutiny for its efforts to guide the applicant toward compliance rather than exert full enforcement authority of closure. Parlante stated that she wants to put in the septic now, but can’t because DEP has not given their approval. Greenberg stated to go ahead submitting the appeal to DEP for the Board of Health approved plans with I/A technology and utilize the well temporarily. Brady stated that he
would call Brian Dudley at DEP and discuss utilizing the well and I/A system and get DEP approval. The Board would approve the license upon commencement of the installation.
Other:
The Local Comprehensive Plan Committee wants to meet with the Board of Health regarding long range planning and discuss educating devices as well as review and update all publications that deal with alternative energy sources. Agent Greenberg stated she could identify all the publications available. She also stated she held an educational fair and no one showed up. Greenberg will put together a Best Management Practices for Septic Systems handouts.
III. Licenses
No licenses
IV Minutes
No quorum for meeting minutes.
V. Correspondence
Agent Greenberg reviewed the correspondence folder, including letters she has written, literature and brochures, tobacco violation fines and suspensions, rabies information.
Agent Greenberg stated that she received a call from Mike May regarding a wood recycling program, so she is going to try and locate town owned land that builders where can drop off their excess wood, to be utilized by townspeople.
There is a new recycling committee that will be meeting on November 18. They will be looking at various ways to recycle things in the town. Agent Greenberg will be attending the meeting and will recommend the committee report to the Board of Health.
Chair Willecke moved to adjourn at 8:00 pm; seconded by Lezli Rowell; passed 3-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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