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BOH Minutes

Meeting date: 
Wednesday, October 11, 2017

Wellfleet Board of Health

   Minutes of Meeting of October 11, 2017

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

Present:  Ken Granlund Jr., Chair; Janet Drohan, Gary Locke; Nick Picariello; Health Agent Hillary Lemos

Regrets: Moe Barocas

Others Present: Cheryl Sabarra Senior Staff Attorney and Director of the Tobacco Cessation and Prevention Program; Bob Collette, Director of the Cape Cod Regional Tobacco Control Program; Harry Patel, Xpress Mart; Laura Parker, Black Fish Variety

Meeting is called to order at 7:00 P.M.

 I.         Farm Animal Permits- no permits at this time.

 II.        Variances-

  • Capuano-35 Holbrook Avenue Map 20/Parcel 138

David Sadowski of Sadowski Engineering presented, as requested in the letter of September 12, 2017, for the installation of a Tight Tank septic system under an existing dwelling owned by Melvin at 35 Holbrook Avenue (Map 20, Parcel 138):

The Board members discussed their concern that the installation was close to the wetland and would be supporting seven bedrooms where the tanks would have to be pumped frequently. They would like Mr. Sadowski to explore other options to the Tight Tanks.

Moved to be continued by Locke.

Seconded by Drohan

The motion carried, 4-0.

  • Sheehan-54 East Commercial Street Map 15/Parcel 78

JC Ellis of JCE Engineering presented, as requested in the letter of September 19, 2017, JCE Engineering’s plan for 54 East Commercial Street dated October 16, 2015, three variances for the upgrade of a septic system under an existing dwelling owned by Richard and Gladys Sheehan at 54 East Commercial Street (Map 15, Parcel 78):

Move to approve JCE Engineering’s plan for 54 East Commercial Street, dated 10/16/2015 and grant the three (3) variances requested in the letter from September 19, 2017 for the upgrade of the septic system to serve a four (4) bedroom structure a grandfathered, non-conforming dwelling.

310 CMR 15.211

  1. 3’ from proposed S.A.S to lot line (Parcel 79)

(10’ required, 7’ provided, 3’ variance requested)

  1. 11’ from proposed S.A.S. to foundation wall (Locus)

(20’ required, 9’ provided, 11’ variance requested)

310 CMR 15.248

  1. No reserve area provided.

Locke moved to approve the three (3) variances, as requested in the letter of September 19, 2017, for JC Ellis Design Company, Inc. plan dated 10/16/2015 for the upgrade or construction of a septic system to serve a four-bedroom structure, a grandfathered, non-conforming building (with respect to the nitrogen loading limitation). *Subject to the following standard conditions:

  1. Design Flow is limited to 449 GPD to serve 4 bedrooms,
  2. No increase in habitable area without Board of Health review.
  3. There is to be no conversion of use without Board of Health review. 
  4. 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 Drohan. The motion carried 4-0.

  • Morton-45 Vanessa's Way Map 29/244

Stephanie Seguin of Ryder & Wilcox Engineering presented, as requested in the letter of September 29, 2017, Job # 11953, dated September 29, 2017, one (1) variance for the upgrade of a septic system under an existing dwelling owned by Cole and Lisa Morton at 45 Vanessa’s Way (Map 29, Parcel 244):

  1. 310 CMR 15, 15.211

The proposed soil absorption system (SAS) will be 5.4’ from a property boundary (4.6’ variance)

Locke moved to approve the one (1) variances, as requested in the letter of September 19, 2017, for the Ryder & Wilcox job dated 9/29/2017 for the upgrade or construction of a septic system to serve a three-bedroom structure, a grandfathered, non-conforming building (with respect to the nitrogen loading limitation). *Subject to the following standard conditions:

  1. Design Flow is limited to 330 GPD to serve 3 bedrooms,
  2. No increase in habitable area without Board of Health review.
  3. The well water shall be tested and found potable, with results copied to the Health Department, prior to issuance of the Disposal Works Permit. 3.a) The new well shall be connected and put in service under the benefit of proper plumbing and electrical permits, and well shall be tested and found potable, with results copied to the Health Department, prior to issuance of the Disposal Works Permit.
  4. 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 Picariello. The motion carried 4-0.

 III.       Change of Use-none to note

 IV.      Business-

  • Public Hearing: Proposed Revisions to Board of Health Regulations

Chair Granlund opened the Public Hearing at 7:30 P.M. The Board reviewed a letter from Dr. Lester Hartman dated October 2, 2017 regarding the legal age for tobacco sales to be over the age of 21, and they began the discussion of the proposed regulation changes.

Section 1000: Solid Waste Transfer Station:

The Board discussed changes to the hours of operation to 8:00 a.m. to 3:30 P.M.

Moved to approved by Picariello, Seconded by Drohan and the motion carried 4-0

Motion to approve by Drohan

Seconded by Picarello

All in favor 4-0

Section 8000: Fee Schedule: The Board made changes to the fees for Truck tires, toilets, and fire extinguishers.

Moved to approve by Drohan. Seconded by Locke, and the motion carried 4-0.

Bob Colette explained that Wellfleet has a 16% increase in sales to minors, but has an 13.4% lower smoking rate in adult smokers.  He distributed a Tobacco Community Health Sheet to the Board members.

Lora Parker of Black Fish Variety expressed that she is not opposed to the proposed regulation changes, but would like clarification on the definitions of what can be sold.

Section 4000-4004: Tobacco Sales to Persons Under the Minimum Legal Sales Age (21) Are Prohibited

Moved to accept by Locke. Seconded by Piciarello,

Section 4005: Tobacco Product Sales Permit

Locke moved to approve, seconded by Drohan. The motion carried, 3-0-1

Section 4006: Cigar Sales Regulated

Locke moved to accept, Picariello seconded. The motion carried, 3-0-1

Section 4007: Sale of Flavored Tobacco Products Prohibited

Locke moved to accept, Drohan seconded. The motion carried, 3-0-1

Section 4008: Prohibition of the Sale of Blunt Wraps

Drohan moved to approve, seconded by Picariello. The motion carried 3-0-1

Section 4009: Free Distribution and Coupon Redemption

Drohan moved to approve, seconded by Picariello. The motion carried, 4-0

Sections 4010-4014: Out of package sales, Self-Service Displays, Vending Machines, Non-residential Roll-Your-Own Machines, Prohibition of the Sale of Tobacco Products by Health Care Institutions

Moved to approve by Locke, Seconded by Drohan. Moved to approve, 4-0

Section 4015: Prohibition of the Sale of Tobacco Products by Educational Institutions: Moved to approve by Locke, seconded by Picariello. The motion carried, 4-0

Section 4016: Incorporation of Attorney General Regulation 940 CMR: 21.00

Moved to approve by Drohan, seconded by Picciarello. The motion carried 3-0-1

Sections 4017-4021: Violations, Non-criminal disposition, separate violations, enforcement, severability. Moved to approve by Locke. Seconded by Picariello. The motion carried,4-0.

Move to implement Tobacco Regulations will become effective as of January 1, 2018.  Seconded by Nick 3-0-1

Chair Granlund close the Public Hearing closed at 8:22 P.M.

 V.       Licenses-Licenses were signed and approved by the Board of Health and are on file in the Health and Conservation Department

VI.       Minutes-Minutes of 9-13-2017

 Moved to adjourn by consensus at 8:34 P.M.

Public Record: Variances are filed in the permanent map & parcel septic files with the Health and Conservation