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bOARD OF hEALTH mINUTES 02/24/10
APPROVED

Board of Health Meeting Minutes
02/24/10 – 7:00 pm
  Wellfleet Senior Center

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Present:  Richard Willecke, Lezli Rowell, John O’Hara, Alex Hay, Agent Hillary Greenberg-Lemos, Assistant Agent Andrew Petty, and Christine Bates
Regrets:Kenneth Granlund

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

Town Administrator, Paul Sieloff, shared a letter from Sheila Venderhoef, Town Administrator of Eastham, proposing a shared transfer station process. He stated this would have to be cost efficient and fiscally responsible.  The Town of placeCityEastham is looking to reduce overtime of people working at their transfer station and would like to have further discussion with Wellfleet by providing services from both towns.  Lezli Rowell stated she has heard they have a very good recycling station and would like to see Wellfleet look at ways to recycle better at the transfer station.  Paul Sieloff stated he will be meeting with Eastham in March and would like any feedback from the Board of Health.  Agent Greenberg-Lemos questioned when this might be implemented and Sieloff stated he would make it known to the Board of Selectmen that it could move forward sooner rather than later.  The Board will have further discussion regarding this proposal.
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I.   Title V Variances Requests
a)   Sawtelle, Map 36, Parcel 177,   90 Wixom Ave, variance requests (Cont’d from    01/13/09).  Agent Greenberg-Lamos stated the applicant requested a continuation.  
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b)   PJ’s Realty Trust, 2616 State Hwy, Map 23, Parcel 40, variance requests
David Lajoie represented the applicant and gave an overview of the project, stating now that the Town water is available, PJ’s will not have the trigger to require a nitrogen reduction system; therefore, the leach area will be moved to a new location, and the alternative treatment system will be eliminated.  Agent Greenberg-Lemos stated that a condition would be that the water would have to be hooked up to get approval for the variances.  A letter from Slade Associates as an abutter supported the proposed plan.  Lezli Rowell moved to approve Job 03084, revised date of 01/25/10 and grant the four variances requested in the letter of 02/08/10 for the upgrade of a septic system to serve a 142 seat restaurant with retail, a grandfathered nonconforming structure (with respect to the Nitrogen Loading Limitation) subject to the following conditions:

1.  The design flow to be limited to 5,032 gpd, to serve 142 restaurant seats and 1,200 square feet of retail.
2.  The new well shall be connected to the Municipal Water Supply and 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.

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 4-0.
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c   Connors, 260 Old Long Pond Rd., Map 16, Parcel 107, variance requests
David Lajoie represented the applicant and gave an overview of the variance requests, stating that the dwelling has a new design from the original approved plans of 2007, resulting in different variance distances.  Lezli Rowell moved to approve Felco Plan 04155, revised date of 12/03/09, and grant the three variances requested in the letter of 02/08/10 for the construction of a septic system to serve a three bedroom structure, in compliance with the Nitrogen Loading Limitation, subject to the following conditions
1.  The well water shall be tested and found potable, with results copied to the Health department, prior to issuance of the Disposal Works Permit.
2.  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 4-0.

II.~~~~Business
a)~~ Angry Tomato Restaurant, Septic System Update.~ Bob Larson, prperty owner of the Angry Tomato, did not appear.~ Chair Willecke recommended the Board not permit the restaurant~to open until a septic upgrade takes place.  Agent Greenberg-Lemos stated that the enforcement letters can be sent to the owner under the State food code regulation.  It was noted that there have been several extensions granted to this property for upgrades, and the property has changed hands three times since 2008, when the septic failure was identified.  Agent Greenberg-Lemos recommended sending a letter identifying the chronology of the failures to Larry Bengston, former owner of the Angry Tomato, and copying Bob Larson.  She recommended the Board not sign a business license to any new owners until there is an upgrade.  Alex Hay disclosed that Robert Larson is an employee of his.  The Board~noted it is not certain what new business may go into structure, or the design flow that would be needed.
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b).   Toomey, 355 Main St, discussion.   Mr. Toomey, who is a dentist, would like to open a satellite office in Wellfleet.  It is presently zoned for a one bedroom apartment on the second floor and retail space on the first floor   He will make minimal structural changes to the property and has a business plan, including hooking up to town water.  He gave an overview of dental waste material handling. He stated that he would make this a user friendly business and feels there is a need for this service.   He stated there may be other dental specialists involved with the office.  Alex Hay disclosed that he is an abutting property owner.  Agent Greenberg-Lemos gave an overview of what is available on the property as far as design flow and gallons per day.   Greenberg-Lemos stated she wanted to make sure the properties were hooked into town water before any approvals were given.   Toomey stated the one bedroom apartment would be utilized immediately, and he will come back to the Board after hook up to town water.

c).    The Board reviewed the recycling pamphlet which was approved by the Board of Selectmen.   Agent Greenberg-Lemos stated there are existing pamphlets available which have been distributed throughout town.  Alex Hay moved to recommend the recycling pamphlet already available be included in the next tax mailing.~ Alex Hay asked his motion to be striked.  Greenberg stated the document that was approved does not have anything new in it, and it will cost the town money to have it reproduced.   She was also concerned with the statement “it will save you money” because the rates at the transfer station have been increased.  Chair Willecke did not feel the procedure was handled correctly because the Board of Health should have approved the pamphlet prior to it going to the Board of Selectmen.

d).   The Recycling Committee wants to place recycling bins at the marina and skate park and the marina personnel will take care of recycling.  The committee would like to send letters to restaurants for support and sponsorship of the bins.  There was discussion about placing recycling bins at the beaches and the problems with people placing garbage in the bins

e).   Chair Willecke requested the Board review the Board of Health regulations, including the pet regulations, water testing, and issues with businesses that are not upgrading their septic systems as required.   He requested the Board make any suggestions by April/May   

III.  Licenses
Licenses were signed.

IV   Minutes  Lezli Rowell moved the 01/27/10 meeting minutes as amended; seconded by Alex Hay; passed 4-0.

V.  Correspondence
The file was reviewed.

Alex Hay moved to adjourn at 8:58; seconded by John O’Hara; passed 4-0.,
Respectfully submitted,
Christine A. Bates
Committee Secretary