Wellfleet Board of Selectmen/Water Commissioners
Minutes of Joint Meeting with Board of Health, April 9, 2003
Senior Center, Long Pond Room
Present: Roger Putnam, Jerry Houk, Dale Donovan,
Michael May, Michael Parlante; Tim Smith, Town Administrator
The short business meeting was convened at 6:30 p.m. Dale Donovan moved and Michael May seconded the approval of seasonal liquor licenses for the following: Rookies, Inc., Chequessett Yacht & Country Club, Inc., Flying Fish Café, Eric's Seafood Restaurant, Inc., Captain Higgins' Seafood Restaurant, Inc., Joseph Lema & Son, Inc., Serena's Restaurant. Michael Parlante disclosed that he was a member of a corporation with a liquor license. The motion carried, 5-0. Donovan moved and May seconded adjournment; the business meeting adjourned at 6:32 p.m.
Board of Water Commissioners. Chairman Jerry Houk called the joint meeting to order, noting that variance denials had been received from the DEP for Roger Cachiotti (who was represented at the meeting by engineer John O'Reilly of Bennett and O'Reilly) and for Trevor and Kathleen Glucksman. Both properties, located within the Zone 1 of 2 public water supplies, were denied variances for reduced setbacks "until the applicant has secured a decision from the Town of Wellfleet as to whether the Town will allow all water supplies, both public and private, affected by the location of the SAS to connect to the proposed municipal water supply system currently scheduled for construction in October, 2003." (DEP letters to Glucksman, March 17, and Cachiotti, February 26)
- Health Agent Beebe noted that the meeting had been called to discuss the two letters within the time frame allowed by the state to the property owners to address deficiencies (60 days from date of letter) or to request a hearing to appeal the decision of the DEP (30 days from date of letter).
- Jerry Houk inquired about the circumstances on the Cachiotti case; the Health Agent replied that Cachiotti must upgrade pursuant to transfer of title, adding that the local BOH regulation requires this upgrade within 6 months, and the Glucksman upgrade is voluntary.
- To Houk's question concerning what would happen if the Water Commissioners denied the hookup, Beebe answered that perhaps a tight tank could be used; however, she referenced the DEP denial of this use in a system recently proposed by Puritan Clothing on Main Street.
- Lezli Rowell noted that the DEP letter stated that the applicants could request a hearing to appeal the variance denials and suggested that the BOH could give them a strong motion to take with them if they pursued due process.
- Dale Donovan asked how the DEP proposed that Cachiotti could get the named private property owners to request a public water supply hook-up; he added that the Water Commissioners could give a blanket denial to all private homeowners to hook up. John O'Reilly countered that if this denial was made, then Mr. Cachiotti could go back to the state DEP with this decision.
- Chair Houk agreed with Donovan, stating that the town had voted for a water system for municipal buildings and that the Commission should respect the wishes of the town.
- Roger Putnam said that he agreed with WIAC's recommendation to give the system as planned a year to ascertain how much water is available; Mike May concurred with this.
- Lezli Rowell felt that the Board should not be reactive, that these were two unfortunate denials but that it is unprecedented that a maximum feasible compliance system be denied by the DEP.
- Ben Gitlow, speaking to the history of the Cole's Neck regulations, noted that the town was obligated to reserve enough water for 46-48 lots in the area to be served, that there are currently still 11 undeveloped lots, and that at present time approximately 7000 gallons are available between peak usage and the 20,000 gallons/day ceiling mandated by the DEP to serve the administrative consent order facilities with. Therefore, he advised waiting a year to examine the reserve.
- To Roger Putnam's question on whether these figures were based on average usage, Helen Wilson replied that they considered peak usage to avoid "maxing out" the well and warned that if a redundant well were requested by the DEP, the old well could not provide backup for larger usage.
- Putnam suggested denying the suggested request for hook-up and determining a one-year respite from hookup requests.
- Dale Donovan put forward a motion that the Cole's Neck Extension, the proposed system beginning construction in October, be exclusively for town-owned public buildings as per DEP memo of March 20 restricting to 20,000 gallons per day.
- Michael May asked Paul Gabriel of Environmental Partners if he, hypothetically, could hook up if a system containing adequate water for additional hook-ups ran by his home. Gabriel stated this was possible and, in discussing the matter, noted that the state might be flexible in terms of the 20,000-gallon limit.
- Jean Schaefer noted that WIAC recommended that only three places (marina, DPW, and library) be hooked up to the system and inquired what would be done for hookups to other public buildings.
- Donovan stated that his motion concerned only the two properties denied variance by the DEP and that after this, the Town had to address further expansions, having an obligation to make sure the October project was only for public buildings and also having an obligation to begin planning in a timely way for the Town's benefit.
- To Jean Schaefer's question about why the two property owners' names were not specified in the motion, Donovan replied that neither Cachiotti nor Glucksman have asked to hook up and that the Commissioners could not deny a request which they have not received.
- Ben Gitlow asked information of Paul Gabriel regarding plans for the municipal system, noting that it appeared from the DEP letter as if only three buildings were being considered, not including Town Hall, and it looked to WIAC as if the DEP would be requiring more water systems for the Town.
- Lezli Rowell asked if an estimation of well use could be derived from Title 5 design flows.
- Erik Mitchell, the Assistant Health Agent, answered in the affirmative Mike May's question regarding the possibility of hook-up to a water system running adjacent to his house. Mitchell cited case law (Clark vs. Water and Sewer Commissioners of Norwood), noting that this case established that May could hook up to his hypothetical system if capacity allowed it.
- Helen Wilson noted that Town Meeting had voted to serve municipal systems but that the marina system includes private hook-ups; her impression was that the marina system would be relieved of the public buildings.
- Dale Donovan replied that the Administrative Consent Order says the Town shall supply the DPW, the library, the marina, and any other non-conforming municipal building.
- A question was posed from the audience as to whether a motion could be made to hold off from any hook-ups for a year, as suggested by Roger Putnam and the WIAC.
- Betty Kimball noted that the Water System Management Plan has to be reviewed and approved by the DEP.
- Chair Houk stated that articles for a sewer system and a water system had been taken to Town Meeting and voted down and that the Commissioners were not dealing with these topics at this meeting.
- Lezli Rowell supported Donovan's motion as an interim step that might prevent applications for hookups from private properties.
- Roger Putnam seconded Donovan's motion, taking the opportunity to clarify the marina water system by explaining that there are actually two systems: the system existing for wash-down and drawing its water from the Holbrook Avenue well and the system for potable water drawing from Cole's Neck.
- Donovan amended his motion: …be exclusively for public buildings and the marina water system.
- Rowell pointed out that the boldface explanation in the 10/22/01 warrant mentions all public buildings and the impression of the voters did not include service to private restaurants.
- John O'Reilly asked if the motion on the table would be exclusive to 180 Commercial Street or be a blanket motion? Donovan replied that when the motion was completed, it would be a blanket motion.
- Health Agent Beebe inquired of Chair Houk if other requests for private hook-ups had been received and was answered affirmatively.
- Ben Gitlow noted that for a long time, the Water Commissioners have insisted, regarding the marina, that non-municipal services remain served by the Holbrook Avenue well. He added that he felt the Commissioners should not delay action on the motion.
- Houk wondered whether hooking up to those private entities in the marina system would open up the municipal system to other private entities.
- Tim Smith stated that the Water Commissioners have no mechanism to develop a process with respect to capacity; he proposed that a motion be made to prevent hook-ups until such a mechanism is achieved.
- Tom Flynn agreed, adding that such a motion should have a "sunset date."
- Paul Gabriel discussed the DEP policy of the Administrative Consent Order, the possible "flexibility" which might be extended regarding the 20,000 gallons/day regulations, and the question of whether this was measured by considering "maximum days" or by averaging.
- Helen Wilson, having done a quick calculation based on meter records of water use, noted that a rough daily use including the four properties (Town Hall, Library, DPW, and Marina) was approximately 2300 gallons/day, while without the four marina buildings it was 2100. Lezli Rowell noted that the numbers were close with the inclusion of the private marina members and cautioned against private users.
- Donovan completed the formulation of his motion and moved that the Cole's Neck Water Main Extension be used for connections to town-owned buildings and the marina area water system. Roger Putnam seconded.
- Helen Wilson stated that she perceived Donovan committing to four private hook-ups, which was not what the town had voted for; Donovan replied that it had voted for a "municipal public water system."
- Ashley Fawkes-Sylver, from the audience, contended that she had interpreted the boldface explanation from the Town Meeting Warrant to mean "municipal buildings" and asked: "Am I going to wake up some day and have no water come out?"
- The vote was called; the motion carried, 4-0-1 (Parlante abstaining).
- Dorothy Dolan commented that the water question had now come complete circle from "no problem in the Central District" to isolated problems.
- Mac Hay, owner of Mac's Seafood, discussed his water problems, reminding the meeting that his restaurant (as well as Captain Higgins) had received deed rights to the marina system. He added that he needs potable water, whatever the source, and would prefer a year-round source.
- Lezli Rowell distributed to the Commissioners a document containing two sets of motions that she proposed the BOH adopt; she suggested that the BOS/Water Commissioners might do likewise. Michael Parlante, noting that he needed time to study the motions, suggested that these be acted upon at a later time. Chair Jerry Houk agreed that they should be taken up at another Water Commission meeting.
- Dale Donovan moved that the Town Administrator work with Environmental Partners on a master plan concerning elements which have been discussed regarding water and waste water in order to meet DEP requirements of the Administrative Consent Order. Michael Parlante seconded.
- Ben Gitlow explained how WIAC had arrived at its water figures, which come close to exceeding the 20,000 gal/day unless the DEP will consider a yearly average.
- Helen Wilson asked if Donovan's suggestion would fall within the scope of the current payment and whether it might not be a good idea to include in the contract the statement that the consultant would not do the engineering work.
- Tim Smith stated that about $240,000 was left out of $1.4 million of the contract.
- Donovan stated that his motion was to use the existing consulting firm, which does not do the engineering.
- The motion carried, 5-0.
- A Cole's Neck resident inquired about how the Town's connection to the Cole's Neck Water System would affect him, wondering about water quality, etc. Health Agent Beebe stated that the Town's connection would produce benefits to the existing system as to pressure, reduction of iron content, etc. Paul Gabriel added that the plan would replace pressure-speed pumps with variable-speed pumps and replace the control system with one which runs on radio signals.
- Chair Houk questioned whether the private properties should remain in the marina water system; Gabriel responded that if they were left off, they would be on the system that DEP was targeting in the first place. Ben Gitlow added that if it were committed to two restaurants and two other private properties, then the Town would need a new well. He asked when the town would see an amended Consent Order; Gabriel replied that it would be soon.
Roger Putnam moved and Dale Donovan seconded the adjournment of the Board of Water Commissioners. The Board adjourned at 8:15 p.m.
Respectfully submitted,
_______________________________ _________________________________
Frances J. Castillo, Assistant to the Roger Putnam, Chair, Board of Selectmen
Committee Secretary
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Jerry Houk, Chair, Board of Water
Commissioners
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