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BOH Minutes

Meeting date: 
Wednesday, July 12, 2017

                             Wellfleet Board of Health

                       Minutes of Meeting of July 12, 2017

                Senior Center, Great Pond Room, 7:00 p.m.

Present: John Cumbler, Janet Drohan, Gary Locke, Moe Barocas

Regrets: Health Agent Hillary Lemos and Chair Kenneth Grandlund

Others Present: Steve Oliver, Jason Ellis of JC Ellis Design Company, Elizabeth Knittle, Loni Briggs, Stephen Rome of Kung Fu Dumplings, Attorney Ben Zhender

Acting Chair Janet Drohan called the meeting to order at 7:00 P.M.

Wellfleet Board of Health, Wednesday July 12, 2017 at 7:00 p.m. at the COA       

I.Farm Animal Permits-

Elizabeth Knittle 100 Eastwind Circle requested a farm animal permit to house 4 to 6 chickens in a 14’x14’ pen enclosed on all sides located at the rear of the property. The pen location will be 40’ and 74’ from adjacent properties.

Locke Motioned to approve the farm animal permit to house 4-6 chickens in a 14 x 14 pen, using barrels for composting, a water test is to be submitted, and no roosters for 100 Eastwind Circle.

Seconded by Barocas.

The Motion carried 4-0.

Loni Briggs & William Carlson-Requested to amend the farm animal permit from 2 horses to 4 horses for 51 Wireless Road.

Cumbler moved to approve to amend the permit.

Seconded by Barocas.

The Motion carried 4-0.

II.Variances-

Stephen Rome-Kung Fu Dumplings; Food Code Variance:105 CMR 590.009B

Stephen Rome requested the Kung Fu Dumplings food truck stay parked in the same location, rather than transport it on a daily basis to and from a commissary kitchen. He stated that running water is available from Amsler’s building, located where the food truck will be stationed.

Abutter Steve Oliver stated that the statute is in place to sanitize the water which needs to be 180-degree temperature, and can’t be obtained on the truck. Moving the vehicle to a commissary kitchen is required to clean up twice a day, and public health is a concern with the way the food is to be transported.

Drohan continued that the Town of Wellfleet Health Agent has inspected the trailer, reviewed the process, and the sanitizing and the cleaning of the trailer can be done to meet the needs of the public, and can be met in that area.

Barocas clarified that the water from Amsler’s is heated on the trailer.

Oliver continued that he questions approval of the variance and said he didn’t think the State would look favorably on a yes decision. Locke stated that he knows that the Health Agent would not approve anything that was substandard and not up to code.

Barocas asked if Kung Fu Dumplings has opened yet. Rome responded yes, as of July1st, 2017. Barocas reiterated that Rome is required to move it every night unless the Board of Health grants the variance.

Cumbler said that the Sun Bird was issued the same variance, and doesn’t see why this request shouldn’t go forward. Oliver said that there was no precedence set by Sun Bird. Drohan said the Board of Health needs to focus on their own criteria and the statutes the Board are concerned with. She said that the Town’s Health agent has done due-diligence to ensure the statute will be followed by Kung Fu Dumplings.

Locke moved to accept the variance at 2520 A Route 6A with additional inspections by the Town of Wellfleet’s Health Agent.Seconded by Cumbler

The Motion carried 4-0.

Stephen Enroth 15 Hiram Hill Road, (Assessor’s Map 19, Parcel 36)

JC Ellis as requested in his letter, proposed six variances in his letter dated June 28, 2017 for 15 Hiram Hill Road Map 19/Parcel 36, as presented on the Plan dated June 23, 2017:

  1. 26’ from proposed SAS to existing well
  2. 5’ from proposed SAS to lot line
  3. 9’ from proposed SAS to foundation wall
  4. 1’ from proposed septic tank
  5. No reserve area provided
  6. 25% Reduction in required size on SAS

Move to approve (JC Ellis, Plan Dated June 23, 2017) and grant the 6 variances requested in the letter from (June 28, 2017) for the upgrade of a septic system (in the case of new, or expansion) of  septic system to serve a (3) bedroom structure (or other type of use)

a grandfathered, non-conforming dwelling (with respect to the Nitrogen Loading Limitation) using Advantex Ax 20 Denitrification Technology , under the General approval with floor plans to be reviewed by the Health Agent. Subject to standard conditions.

Locke Motioned to approve for 15 Hiram Hill road and grant the six variances.

Seconded by Barocas.

The Motion carried 4-0.

R. David Zimkowski 40 5th Street, (Assessor’s Map 40, Parcel 121)

JC Ellis as requested in his letter, proposed seven variances in his letter dated June 23, 2017 for 40 5th Street Map 40/Parcel 121, as presented on the JC Ellis plan dated June 28, 2017:

  1. 5’ from proposed SAS to lot line (Road)
  2. 9’ from proposed SAS to foundation wall (Parcel 20)
  3. 5’ from proposed septic tank to lot line (Road)
  4. 14’ from proposed SAS to foundation wall (Locus)
  5. 5’ from proposed SAS to foundation wall (Locus)

310 CMR 15.248

  1. No reserve area provided
  2. Components installed greater than 36” below finish grade

Locke moved to approve (JC Ellis, Plan dated June 23, 2017) and grant the 7 variances requested in the letter from June 28, 2017) for the upgrade or construction of a septic system to serve a 2-bedroom structure (or other type of use) a grandfathered, non-conforming dwelling. Subject to standard conditions.

Motion to Approve the JC Ellis Plan for 40 5th street and grant the seven variances.

Seconded by Barocas.

The Motion carried 4-0

Shirley Douglas 70 Eric’s Way, (Assessor’s Map 8, Parcel 68)

JC Ellis as requested in his letter proposed eight variances in his letter dated June 23, 2017 for 70 Eric’s Way Map 8/Parcel 68, as presented on the plan dated June 28, 2017:

  1. 5’ from proposed SAS to lot line (Road)
  2. 9’ from proposed SAS to foundation
  3. No reserve area provided
  4. 25% Reduction in required size on SAS
  5. Inlet and outlet invert elevations of septic tank and pump chamber

Wellfleet BOH Regulations Section 601

  1. 50’ from Proposed SAS to Watercourse
  2. 24’ from proposed septic tank to watercourse
  3. 19’ from proposed pump chamber to watercourse

Move to approve (JC Ellis, Plan June 23, 2017) and grant the 8 variances requested in the letter from June 28, 2017 for the upgrade for the construction of a septic system to serve a (3) bedroom structure a grandfathered, non-conforming dwelling (with respect to the Nitrogen Loading Limitation) Subject to standard conditions:

Locke moved to approve the JC Ellis plan dated 6/23/2017 and great 8 variances, requiring a water test (24 hour dry-tank-test).

Seconded by Barocas

3-0-1

Cumbler abstained.

III.Change of Use-None

IV.Business-

-Appeal of Order: Board of Health Order Dated 6/1/2017 Issued to Gerry and Audrey Parent of 125 Duck Pond Road

Ben Zehnder requested to be heard to review the following conditions listed in the June 1, 2017 letter:

1) Alpacas and chickens be kept a minimum of 100 feet from the well located at 15 Bittersweet Lane,  

2) the number of female alpacas be kept in the pasture closest to the property, shall not exceed 15, and no male alpacas be kept in that pasture,

3) a permanent fence be installed to keep farm animals at least 100 feet from the well.

He continued that these conditions can only be construed to be imposed to protect against the private concerns the citizen, and to protect the water quality, and concerns about the noise of the Alpacas.

CLM 111 125A

“…that the odor from the normal maintenance of livestock or the spreading of manure upon agricultural and horticultural or farming lands, or noise from livestock or farm equipment used in normal, generally acceptable farming procedures or from plowing or cultivation operations upon agricultural and horticultural or farming lands shall not be deemed to constitute a nuisance.” Zehnder stated that he believes the Board regulated the conditions as a “nuisance”, and shouldn’t apply as such, and be reconsidered.

Barocas said that it’s in the hands of attorneys, and will stand by the Board’s previous decisions. Cumbler stated that the Board has met many times on this issue and had an agreement to abide by the conditions agreed upon. Drohan stated that the Board had spent a lot of, energy, time and caring with the Parents’ and the abutters, and that many factors have been taken into consideration, and is in agreement with fellow Board members that we have determined our course and our course is in action. The matter will be continued to the Board’s August 9th meeting.

V.Correspondence-No Correspondence to Note

VI.Licenses-The Board Approved and Signed

VII. Minutes of 6/14/2017

Barocas moved to approve the Minutes of 6/14/2017.

Seconded by Drohan. The Motion carried 4-0.

Topics of Future Concerns:

-Review Regulations where areas requiring special permissions.

-Review the number of people allowed in a dwelling.

The meeting adjourned by consensus at 7:15 P.M.

Public Record:  Correspondence and variance records are located in the Health and Conservation  Office.