Robbins Report
To preserve and protectFull service residential and commercial landscape company offering custom design and all facets of construction and maintenance services. Servicing clients throughout southeastern Massachusetts. (Barnstable)
Under the artistic leadership of Mrs. Vincent, the Atlantic Coast Academy of Dance is dedicated to teaching children enthusiasm for classical ballet. We offer class levels that meet from once a week for the beginner to every day for the advanced student. (Barnstable)
Bookstore Ordered to Reduce Seating to 95 Seats
Wellfleet's Health Department's Patience Ends With Bookstore Restaurant
Cease and Desist order ends ten years of evasions by popular watering hole
Story & Photographs by Peter Robbins
Delays, new septic designs, studies, contingencies based on availability of town water, more delays, Department of Environmental Protection continuances, and more delays. That all came to and end with a Cease and Desist order from the Town of Wellfleet Health Department, described in a letter to the Bookstore from Health Agent Hillary Greenberg dated August 8, 2008.

Patrons will have to wait a little longer for seats at Wellfleet's popular harborview restaurant now that their usual over 200 seats have been reduced to 95.
AT 5:20 PM on August 7, 2008 Greenberg and her assistant Andrew Petty visited the Bookstore to view the food service and service procedures. An explanation was given to the town representatives that the excess seating were not in service. At 9:00PM that night, there was a return visit by the Wellfleet Health Department.
What the letter said:
" I went back to your establishment and viewed the seating and service procedures again, it was at this time we witnessed most of the seats, inside and outside, upstairs and downstairs were occupied with full service operation. The ramifications of this are extremely severe. Your flow as we calculated it yesterday was 6,405 gallons per day. This is 3,080 gallons per day over your maximum flow allotment. Furthermore, the concept of tavern seats can not be employed at your dining establishment except for the 40 seats in the Bomb Shelter (area) based on the operations viewed yesterday. This being said you are hereby ORDERED , as owner of the property to:
- Cease and desist from all operations at The Bookstore Restaurant in excess of the approved 3325 gallons per day (95 seats) limit by 12:00 PM on August 8, 2008."
Seat count ordered by Board of Water Commissioners
A seat count had been ordered by the Board of Water Commissioners after allowing the Bookstore to tie into town water for a trial period for the month of August as previously reported, 233 seats were identified.
"Hats off to Hillary!"
- unidentified Wellfleetian
The count included, outside patio, 1st floor deck, 2nd floor deck, 1st floor bar, 1st and 2nd floor dining areas, and the Bomb Shelter. This was no surprise seeing the Wellfleet Chamber of Commerce book lists seating for 200. Reference was made to the Bookstore's already failing disposal system. Previous studies indicated that the flow rates were much less than the documented rate calculated by the Health Department. The figures appear to substantiate previous suspicions by many as to why the septic system was in failure, over double the maximum allotment. The test period allowed by the generosity of the Wellfleet Water Commissioners apparently may need some re-thinking.
The Letter went on to say, "Your failure to comply with this order will now result in enforcement action being taken as well as fines issued in accordance with M.G.L. Chapter 40 Section 21D. I truly hope that you see the seriousness in this matter as we spent a great amount of time guiding you through the appropriate process to avoid any unnecessary violations and to ensure that your establishment was open throughout the summer."
"Hats off to Hillary," was a comment made by one Wellfleetian!
Read Hillary Greenberg's letter in its entirety here.
131 comments
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Your silence is deafening!!
Maybe you are stiring!!
Has the town learned its lesson regarding appeasing violaters? Appeasement never works, it only prolongs the process. I applaud Ms. Greenberg's actions, but this cease and esist should have been served months ago.
The Parlantes have been playing the board of health like a fiddle and making the town look like a chump with their flagrant violations.
However if the BOH determines that continued occupation of a building by individuals constitutes a nuisance —an immediate and dangerous public health situation, the BOS has the power to condemn the building until the public safety/heath situation is fixed. (NUISANCES: Chapter 111: Section 127B. Dwellings unfit for human habitation; order to vacate or to abate nuisance; …)
Since this property is under a DEP order as well, DEP has similar powers as well to close the building until the health risk is abated.
I would suspect that continued operation with a capacity greater than 95 seats at any time would present an alleged public nuisance. It provide grounds for the local BOH and or DEP to act.
Title V (310 CMR 15.000) § 15.203 sets a flow of 35 GPD/seat (95 seats) =3,325 GPD flow rate, I hope that the grease trap is also sized at least for 1,425 GPD flows as well (15 GPD/seat (95)) §15.230
People: this is a BLOG - it is NOT factual journalism or reporting. IF you choose to let yourselves get all jammed up over the out right lies and twisted stories from this BLOG, then prepare to look pretty foolish when the TRUE facts of this matter come out. Also, please know that the blog writers all have their "nasty nics" that they use to GET YOU PEOPLE all jammed up. Dont be suckers, blind sheep or puppets for this BLOG writer. Talk about being "betrayed"...give me a break.
Thank God you surfaced. I went to Luke's thinking maybe you had gotten caught in the water meter. I know that on July 29th, you were sure that the folks at the "place" were complying. Now here we are two short weeks later and everybody is shocked to learn that you guys were not in fact playing by,rather playing with, the rules. Who ever would have thunk that a shi- stirer would cause all this commotion.I'll bet a bottle of Merlot that you are right. NOT!!!!
Let's do Luke's tomorrow and chat again.
Thinking of you,
Dog
The Water Commissions determined that there were 233 seats in all locations = 8,155 GPD design flows.
The BOH has determined that the present sanitary system is only for 3,325 GPD (or 95 seats).
The letter indicates that at the time of the second visit on the 7th that ~183 seats were in use (6,405 GPD flow).
It boggles the mind to understand why there was not a sign in a prominent location advising all that the lawful capacity at any time is 95 seats (95 persons) plus approbate staff to serve that limit. As part of the BOH orders, that limited seating to 95 seats.
You are absolutely right!! People with half brains rant and give their opinions. It just that you seem to think that your's are right on the money.
As for Luke's, It's only for medicinal purposes. What is the reason for your nonsensical thoughts?? Stay in touch. You still are an easy mark.
Now let's get drinking!!
Doggie
Only joking on the drinking. I've been working on a fat one for about an hour!!It's much better than booze, especially when I have to get the school bus back to P-town before dark. They will not be happy with the "Dog" if I have booze on my breath.
Do you drink, or is it another condition??
Have a grate day!!
I believe it is indefensible that at times over the summer well over 95 seats have been in use, which would seem to be in defiance of the BOH's order. If that is not the case provide the facts that dispute it.
Remember even if a 96th seat is in use it is a violation, a non compliance matter.
A better use of your efforts might be applied to solutions not denial.
"It's all coming out in the end". Not a good choice of words for this arena. Tell us which days those are. January 12, or February 9, or just when?? As an admitted fan of Mrs P, but just because "she is kind", how is it that you are privy to this information and do you have a meter on your well??
Just wondering.
As always,
And yet nothing stops you from coming back, time after time.
Getting a bit testy are we? How about a fat one and a merlot??? Then we won't have to "shaddup" and that's as far as I'm going with Pa Bell on our tale
Cya
Are you refering to Capeshelli, or Clamdoggie?? Did I meet you at Luke's??
If you don't believe in the effectiveness of blogs, contact Dan Rather former CBS NEWS head honcho, Mary LeClair of the Cape Cod Commission and more recently, John Edwards former possible Vice President.
Denial is not a river in Egypt.
Regardless of your actual water flow. There is a very complex and costly procedure to appeal to DEP for a lower design number, that involves certified water meter readings over a period of greater than year along with other documentation.
Until that process is done and a DEP approved waiver is granted, the daily water flow what ever it is out of the picture, the currently approved design flow is what takes precedence. 95 seats.
That seems to one 'fact' not being offered by those (calmshelli) in the know?
If not why not?
Not knowing the date of the photo in this story, its hard to tell.
I'm admiring your strong will against the trolling spitballs. One has to wonder who else was vested in the pearl debacle ...nice to have neighbors and invested friends ...out of context. lol ...sour grapes ...they target who they see as the weaker opponent as always .... Hope your friends get to keep the place.
I was at the April BOH meeting when the board essentially let the Parlante family know they were done, finished, not going to extend anymore courtesies to them and their engineer and legal counsel convinced the BOH to give them ONE last chance to make the corrections to the plans. They had a special meeting the following week.
So how come they are not doing what they agreed to be doing? I was at the meeting when she (Mrs ) promised they would not operate over capacity. The board expressed much frustration about having their hands tied back then; why does the family restaurant have so many seats and why do they continue to keep serving so many?
I just really want to hear their version, do you know what it is? A lot of people are going to bat for them, and yes I know some employees there too, but why do they seemingly frustrate the heck outta the BOH?
I know its a phrase that is used to often, but I do try to be fair and balanced, Admittedly, I have never met the Parlante's but would welcome the opportunity as I have some other questions that perhaps Michael would only be able to answer. I would welcome that opportunity, and would be happy to report what they have to say. My email is availble through the site, There are two sides to every story, I report what is reported to me and this one is pretty obvious. If you can arrange a meeting with them, I would be happy to attend. They would have to be prepared to answer some pointed questions and I am willing to answer any they may have of me. I have met with others I have written about, but to be honest, am very surprised I have not been contacted by now. See what you or someone else can do, that would even include clamshelli.
PS I wish I had funds that I could invest in a restaurant in Wellfleet, I'm just not in that kind of position,
“…the policy of the good neighbor - the neighbor who resolutely respects himself and, because he does so, respects the rights of others - the neighbor who respects his obligations and respect”
—Franklin D. Roosevelt
Hey cru, are they watching you???
My question to you when this story began Peter--Why not go after every restaurant on the Cape that violates the law regarding misuse of their septic system?
Ask yourselves this:
If the Pearl was not vested in the neighboring property would Peter have dogged? He wouldn't even know the Bookstore Restaurant existed, nor would he give a damn. Right Peter? You say you are not acquainted with the Parlante's ....how about owners of The Pearl?
If Walter allowed swearing...you wouldn't be able to handle what I have to say to you....@ZZ&OLE
What's wrong with competition? If a sitting member of the Wellfleet BOH who happens to own another restaurant in town did not have a problem with the Pearl being in business at that location, why should the Bookstore? Competition is good right?
If I can get a hold of the parties that I know work there on your behalf, I will. Their opinion )last time we talked) was one of disbelief (as in what are they = Bookstore owners-doing?!)
I was not at that BOH meeting in support of the Parlante's, I was there for other business. I do not know them personally.
I WAS at the ZBA meeting in February that voted 3-2 against the Pearl.. interesting stuff going on in Wellfleet.
Can you hook up Peter with the owners? Get their side posted? You probably have better connections......
I'm sure clamshelli will respond or maybe she's fed up like a few of us with the "better than thou crowd", but I see the issue this way:
The Parlante's had a good thing going, a sweet location for toursits, & a spot for locals to hangout. I'd been there only a few times, once during the Oyster Fest which I fully enjoyed. Gone are the days when the fun loving artists reigned. I'm sure the 60's & 70's were the very best times the Cape has seen.
The Bookstore went under the hot lamp when The Pearl tried to build next door and failed to get appropriate permits. When they were told to take a hike, they cried foul and here is the aftermath. Now they are sore losers who probably dropped a bundle on a place that slipped through their fingers. Sounds like someone at town hall may have given a verbal okay & maybe saw some $$$ for the town. Whatever happened, clearly it was not handled through proper channels. So now they are determined to see that the Parlante's pay for "their" mistake. That's my opinion. Of course Peter won't tell us, he can't be objective.
The Bookstore has been around for years and the owners have donated time and services to the town and its residents. I think the town should help them build whatever is needed to bring the place up to code. If The Pearl has found a new location to hang it's oyster--than so be it--and drop this freakin' story already. Get over it! Lick your wounds and move on. One door closes, another opens.
"Mistakes are the portals of discovery"--James Joyce
I believe in free enterprise not the Cape Cod monopoly. Flemings Donuts is a perfect example of a Cape monopoloy- they put in a bylaw prohibiting Eastam Dunkin Donuts from heating their breakfast foods, have the nerve to not provide sufficient foods for patrons. A friend who worked in that area complained that he found one donut left on the shelf when he wanted a heated blueberry muffin. It was 9 am! Not just one time, frequently! The least they can do is stock up if they won't let the competition beat them. Guess what--tourists will choose D&D anyday. Everyone needs to play by the rules.
Re: Bookstore--I see the town officials being culpable. Obviously they turned a blind eye to the increase in seating, & failing septic. I don't put all the blame on the owners of the Bookstore. It is something that has been overlooked for a long time. Yes, they should comply, but they should get help from the town. The town has an obligation to it's residents & patrons of every establishment to see that regulations are complied with, & if BOH is too lazy to check?
I've learned very quickly that the town will protect their own at the expense of anyone...I've learned very quickly that it is not what you know but WHO you know. It's too bad, b/c I've eaten at the Bookstore and thought it was a neat place to have; I've eaten at Capt. Higgins (years ago) and liked it, eaten at just about all the restaurants in town at some point or another. I stick to some and avoid others, usually because of WHAT and WHO I know...lol. Ya gotta love the cape....
If Peter is a concerned citizen as he claims who's only duty is to go after those who violate the laws of septic, or other, who else has he investigated on Cape Cod that has violated these laws/regs? If you have friends in high or right places, you get away. The Cape is not exclusive to this rule of corruption, it goes on everywhere. But seeing as the Cape is such a small fish bowl, you see it all up close & personal, the papers print it! Which is the most absurd thing off all! Talk about your blatant arrogance..."we do wrong & are proud of it!"..but seriously, if it was about being fair to all, then fine, but I think The Bookstore owners are being unfairly singled out & this has become an ugly story of another business owner (The Pearl) being nothing more than a big cry baby..."I CAN'T HAVE MINE...so I WILL MAKE SURE YOU CAN'T HAVE YOURS". Money is liquid, it comes & it goes with no guarantees it will be there tomorrow. There is more to life, go hang your oyster in Harwich &be happy. Money lost, you will be gained at new loc.Townhall needs to get their sh!t together.
Agreed. The Cape is a fishbowl. The other side of those bridges do not offer anything different really than what goes on here. But the other side does offer a greater geographical escape from everything...it is more open and free, so to speak. This sandbar "traps" people; only one way off if you don't count boats or planes. Of course people will be singled out, fairly or unfairly. Put em in the fishbowl and see who is the alpha / aggressive fish...big fish eat littler fish. Townhall... (shake my head) it's too bad; I've met some FANTASTIC people (and yes some work for the town, salt of theearth they are) and some DEFINITELY NOT so nice people. Do we not have anything better to do than get up in others businesses?
"Can't we all just get along..." Ummmm. Rodney King.
Oh BTW, it does not just end with the septic people...we called to have our furnace serviced a few years ago...well the oil company never showed. Blew us off, so we thought. Then we get the bill. Turns out the company went to the neighbor's house, serviced that place, and billed us. Threatened to take us to small claims too! The only way we were able to clear it up was to have the driver describe the house, the interior etc.
Where does it all go? Into the sand...along with the many heads of those who choose to bury themselves there.
I've met great people too, one of them is Ned. I usually gravitate to those with artistic talents, independent thinkers who are not afraid of what they believe in. Many of the free spirited artists have left the Cape. It's become more of a battle ground of the haves and have nots duking it out --no place for the middle class. Working three jobs just to survive is not living in paradise. If you are fortunate enough to live on the family compound for free, or are part of the elite rich who insulate from the rest, then I'm sure life on CC is grand. Living in a place that's main industry is service, is not that interesting. The interesting aspects of CC are the starving artist types, those who live as true individuals and love their work because it's who they are. I laugh at the store shop owners who try to sell cookie cutter artwork. The Cape is slowly losing it's appeal. Maybe that is partly why I rush to The Bookstore's defense. The restaurants are being driven out by those with more money. But who wants a bunch of yuppified restaurants on Cape Cod? Billboard homeowners?
C'mon. give us a hint about what's coming out soon...all I know is what I see and hear and witness...and well you know, blog.
Mr Robbins, who gave you this letter? Id like to know that...and why?
I can quote a local or two with what they think of Hillary too... but that is for a later story.
I add comic relief.... ain't that worth anything? What does cru really add? Just a bunch of crap spewing from her mouth. Do you really belief what she has to say? " the free spirited artists have left the Cape" really? Tell that to Ned. And the thousand of artists that make the cape their home. She despises the Cape so much she will make up anything to justify her inability to make it here. All my friends are middle or below middle class and there doing fine. If it makes you and others feel good to read her crap so be it.... I just don't happen to buy it and I'll defend the Cape Cod that I know and love. I don't know any "rich" people taking over the restaurant business on CC. There to smart for that, the business is run by hard working locals that love it and are not in it for the money, there's easier ways to make money. cru has NO idea of which she speaks.
Buzz, you prove me the better by your ongoing display of elitist ignorance ... Dunkin donuts has every right to be there .. They donate thousands to your starving school functions, taxes and provide jobs by force from your local parents who demand them for their brats.. Afterall they are only just visitors never owners ... I knew one who told me about the strangle hold and even when the town okayed his septic later they forced an upgrade all while flemings wrote in the papers of all the d&d stirafoam in the wetlands.she would stop at nothing .. what a freak ...
you can add to that list of pensioners / artistes who were gifted their lovely little >500 K shacks. Some of us have actually had to work for our homes.
None the less, the people I know, artist or everydayman/woman, work. Were not given anything, take nothing for granted and mind their business. I guess we're not "fortunate enough" to have daddy leave us a spanking property. IMO, this is a dangerous thing, this inherited slice of America...I believe it leads to a complacency that lulls one into thinking that all will be handed over on a silver platter, an entitlement if you will.
Now I don't know many of the restaurant owners personally (Bookstore, flemings etc.) but I can see where an influx of change might be disturbing (ie competition) AND I can sense that little air of entitlement...after all "they" were here first, before DD moved in etc.
Capitalist America....when did it become not such a great thing?
Looks like your team lost the peeing contest. It's been fun for me,especially,to sit here in P-town and watch the "kids" go at. You really should agree that the townsfolk put up with "crap" for a long time, and then the "meter" caught you. What really were the dates that 1500 gallons of water were used??
Can you let PaBell know that I am the Doggie and you are the Shelli??
Cya at the next controversy, unless you want to go to Luke's this morning with me.
Doggie
PS Where was Codpeace through all this??
You are right. Many Cape Cod residents work too hard for wanting to live on the island. I applaud them for their industrious
efforts and unwavering dilligence. That was my point of some having to work three jobs. Buzz is another one who won't tell you the entire truth about CC living .. He lives in his own bubble out of touch with real life...many have stashed away millions from welfare tax for 8 long years. I watched rich pay cash 500k and up to millions to build their dream home and build new restaurants. Competition is always good when its fair. Local greed of wanting rich dollars to pay for lucrative salaries is coming to collect now and they won't be happy until every shack is replaced with their elitist stamp.Look to see who are the new restaurant and inn owners.. They are not the hard workers. Buzz talks of days gone by not new game in town... Who will afford to eat at places like the pearl? One thing I learned about the new brand of rich .. They bore easily and move on. Let's hope the sell out can be contained.. Hope so for my friends who remain and I want to visit the quaint place I use to know like many before it turns into Nantucket.
The Bookstore has used UNDER the 3k limit EVERY SINGLE day (about HALF that most days) since they were hooked up to town water. SOOOO...do the math... Hillary's "calculations" (or "hallucinations"..or accusations"..or "in her dreams") are WRONG. Her seating estimate DOES NOT ADD UP. Proof is in the meter!
But you people can get your "FACTS" from a BLOG!
Hey...try the Koolaid too!
But that's just the point, he knows who's butt he can sniff and get away....yes, we would like him to go investigate Chatham...how about those who violate labor law...care to investigate that? I have one place in mind...but we can't go there....did you know there is such a thing called being "Cape Cod Correct"....
And Penny & Shelli, check out the headlines on CCtimes about CCH. One of the lucrative salaries went to the former CEO who nearly tanked the place with mismanagement, consulting fees? Yeah, more buddies who need a freebie....I sincerely hope the new guy can save the place. I'm sure David Mugar is not a happy camper.
Title V is what controls not the water meter.
From the BOH minutes:
At a meeting in 1989 on 11 Dec. the BOH set a seating limit based on design flow of the septic system at 95 seats period.
Fast forward to 2007, 8 Aug. and the BOH determined that the septic system failed based on the standards in Title V & local standards not someone's opinion. Once again the BOH determined a seating capacity of 95 seats.
In March and April the problem starts being addressed, but is not fixed as of today.
Seating above 95 is in use from time to time over the season. Clear violations are present on 7 Aug. and observed.
Why it took twenty years to get this point and the lack of enforcement and continued annual licensing and who are at fault are questions to be asked.
If you want more seats you put in a bigger system. It should be noted that although the non-patron use of the restrooms has been mentioned by both parties it appears that the BOH nor the engineer has not taken that usage into account in the submitted plans.
The proposed system being designed is solely based on Title V requirements for a fixed design flow of 3,380 GPD that Applicant has presented for 95 seats and the retail space.
These are fact devoid of opinion.
Ok, I agree. Let us take a real close look at our BOH now then. Seems their lack of enforcement is pretty wide spread over town and not limited to the Bookstore. Shall we? Do we want to do that? Do we like our BOH teaming up with a nobody like Mr. Robbins in a public lynching? Then let the lynchings begin! There will be plenty to go around - you can thank Mr. Robbins for that. Wellfleet can and IS and always has taken care of their issues without the irresponsible BLOGGING of Mr. Robbins. The BOH should not be teaming up with someone who is going to cause a microscopic look unto THEM. Are you ready for this? Keep believing whatever is fed to you on a BLOG!
Your point well taken. Let the septic lynching begin and effect all not just the selected few who just happen to take the spot desired with now a vengence by those representing the Pearl. What will happen to those restaurants that cannot afford the upgrade? Just board them all up, so no one can find a place to eat in town? Smart move. Maybe they can find more rich yuppies willing to sink millions into Cape real estate which will never bring back a return. Why do you think the some motel strips were and are deserted? Nobody wants to sink their millions into a place with no guarantees for profit. The town should work it out with the Bookstore. And the rest who want their piece, go pay the millions. What did you mean shelli about the Billboard house?
Where does the Billboard house sit in terms of being allowed to build? Have they sorted that out? Sounds to me they want Wellfleet to become the next Truro. I hope Wellfleet gets to remain just how it is, lots of towns have sold out to the highest bidder, but if I know Wellfleet residents, some are accomplished writers who have influence, the won't let it happen.
Just back from Brewster to see more of your venom spewing everywhere. I stopped at Ace and got a peace offering for you. A giant can of Raid to kill that bug that's up your -ss!!!
Give it up and read all of your posts. Counseling might be a good first step.
Might you be peter impersonating? Shelli is fighting for her town and an owner who has a right to remain. It should be a joint effort:
Town will make modifications, septic company will provide a discount rate, and restaurant gets to stay. SIMPLE.
Take your greed elsewhere. Does Howard Zinn live in Wellfleet? How about Noam Choamsky? Get them to help out in this cause. I'm sure they will. They believe in a democracy too. Check out the link I posted on my blog, shelli. There is a church, betting it's in Wellfleet where they all gathered to discuss the censorship going on in this country. And looks like the wealthy don't have much faith in the stock market anymore, so where else are they going to put their welfare tax profits?
There will be a helluva lot less "blog writers" for sure once we rid ourselves of the "ladies" and their nasty nics. What is the prestegious university that the "Cru" goes to ?? Mt Ida or Lasell??
Off to Luke's. Wanna ride along??? Curly,Larry and Moe, ain't got anything on us!!!
Cya ladies,or men,or both.
Requescat en pace
Maybe you and your friends should keep sucking up to that rich revenue on the island...looks like your in for one rude awakening. Hope you appreciate the lucrative town paid jobs...and just how much did Abbott collect over the years just to tank the CCH? blame it on the illegals, way to go...how about those at the top and same goes for your town paid employees who can't do their jobs very well to protect local residents from the tidal wave of the Richitan takeover. Not everyone wants it, but it may just be too late since the sell out seems to have really picked up some speed. Yes, indeed, build the house with cash, the builders all like that so the banks don't scrutinize. Just make sure you build it right. The rich don't like modern day pirates either. Wonder how much they don't claim on their taxes? Bet the IRS would have a field day, but as the pres. said, "the rich have their lawyers...we all know how they love to hide their money in creative places, don't we"...
Crusader observed: "Shelli is fighting for her town and an owner who has a right to remain. It should be a joint effort: Town will make modifications, septic company will provide a discount rate, and restaurant gets to stay. SIMPLE."
No one is denying the proprietors and owners their rights to remain nor the Town's.
What it is, is compliance with the rule of law. In Mass we have regulation entitled "Title 5: 310 CMR 15: State Environmental Code, Title 5" (aka Title V) this regulation takes it authority from Mass Gen. Law C. 21A §§ 13 - 13A, C. 111 §§ 31E & 127B1/2. Plus any local regulation(s) the BOH has adopted. Compliance is mandatory it protects groundwater & surface supplies from contamination.
Design firms, professional engineers and septic system installers are business that are both competition and profit driven, same as the restaurant business. If they wish to give away their services they can, but why would they? Same as a restaurant charging less than cost.
Tortorella v. Board of Health of Bourne, 39 Mass. App. Ct. 277, 655 N.E.2d 633 (1995). Court stated that it was a "paramount obligation [of the Board of Health] to protect the environment." This demonstrates that Title 5 is considered part of the state's environmental code as well as its public health law.
Commonwealth v. Town of Essex (Suffolk Sup.Ct. No. 96-2209). Town of Essex entered into an agreement with the Mass. Attorney General's Office which required the town to, henceforward, adopt and enforce municipal inspection and maintenance plans.
In the first the courts made a finding that compliance with Title V protects the environment and in the second it found that a Town must enforce Title V to standards of it vigorously.
In other words the Town can not look the other way, with regard to Title V obligations.
I thought we were talking,without you, about the cesspool in Wellfleet that had 20 years to clean up their act. They chose to thumb their noses at the "landed gentry" of the town. What's good for the goose,is good for the goose!! It didn't work this time. I don't live in Wellfleet. I live in P-Town, and in the Berkshires in the winter, Sheffield to be exact. People out there don't get away with this crap.Why should anyone in Wellfleet believe they have a birthwright to pollute the very waters that they harvest product from, and then be pissed when somebody says,STOP!!!!
Answer that one and then we can move on to screwing the IRS, or your"Richitan Takeover"
PS No Ticks!!
Check out the phosphorus content off the lawns on cape cod bay,what's good for one polluter should be good for all polluters. I bet the rich do far worse...Dupont, Scott, W.R. Grace. That is my point ignoramous....why go after the little guy--EASY BREEZY since it won't cost much. Try to bulldoze the wealthy who have all the politicians in their pockets. Ever heard of Trusts, Estates, why do you think they are created. How much have they swindled the taxpayers by NOT paying their fair share in taxes. This is not just a Bookstore vs. Pearl issue....this is a global issue. The rich get a free pass to pollute & steamroll our coast. Sure they pay, but so does the nature they pummel & the RE taxes escalate leaving the long time resident no choice but to bail. Who are the investors of the Pearl? Since the Parlante's opposition demand disclosure, how about providing a little disclosure of who are the investors. It seems to me Peter must be working for some who are more than p!ssed off about their loss of investment. Try hedge funds next time. LOL.
You must be awfully busy up there in Cambridge.
Can we move on to something that will give you a fighting chance?? Speaking of investors, are you sure Clamsally is not a principal in the what's it's name??? You know,there in God's little corner of the world??
Now, do we move to "takeovers" or the inability to pay real estate taxes??Shelli asked me to get off the booze. What is it that you are on?? Let's do Luke's!!! Wait til you see their John's.
Standing by
Dog
Are you done trashing people who can't fight your hedge fund friends...careful now, be sure to make more investments into the local business owners who can no longer afford what they have struggled to keep....I hear the market it going belly up. Time for the pres to take what's left for the 3 Trillion Dollar War...so pay up...we know how a fool and his money hate to be parted....LOL.
God Bless Middle Class America, the backbone of our country. Think it's goin to be a rougher ride before it gets better. At least some of us know what's important in life. Too bad the rest don't...and won't until they are on their death beds...maybe never.
I believe presently the Provincetown Center for Coastal Studies (PCCS) has at least five monitoring stations in Wellfleet Harbour or the waters that empty thereto and upwards of 8 in the Bay itself.
How many road way storm drains and culverts discharge directly into waterways in the Town? Some of the roadway drainage comes directly from driveways and private parking lots that discharge directly onto the roadway.
Wellfleet however is not a NPDS Phase II MS4 Town.
The increased rainfall on permeable surface through absorption is most likely raising the water table as well, coupled with an increase in sea level, a five foot separation between a SAS and ground water may not be practicable for a Cape Community in the long term.
Wellfleet however is not a NPDS Phase II MS4 Town.
So let's talk about the REAL POLLUTERS of Cape Cod Bay....shall we?
Or would you rather not go there...do they own homes on your toxic sandpit?
What the public doesn't know can hurt them.
In my haste I also left out a letter it should have NPDES not NPDS.
The EPA's Clean Water Act; National Pollutant Discharge Elimination System (NPDES) program seeks to eliminate direct discharges into bodies of waters and their watercourses of waterborne pollutants. Communities are required to get permits for their Storm Water Discharges from Small Municipal Separate Storm Sewer Systems (“Small MS4 Permit” or “Permit”) and requires the submission of annual reports along with some other jumping through regulatory hoops and the adoption of local bylaws to protect water quality.
The EPA determines the communities that need permitting based on the extant of urbanization, the closest community to Wellfleet is a portion of Eastham.
If you need more information go to: http://www.epa.gov/NE/npdes/stormwater/ms4-annual-rpt.html
I posted a response to your question in the topic thread in which it refers to. Proposed Zoning Articles and US Government vs. Town of Wellfleet. Look in either one for my information.
“So let us begin anew - remembering on both sides that civility is not a sign of weakness, and sincerity is always subject to proof”
—John Fitzgerald Kennedy
Inaugural Address, Friday, January 20, 1961
(The above should please the editor)
You gotta stop!! You are becoming the poster child for stupidity, and talking about things you know nothing about. What the hell makes you think I am into hedge funds. You are nothing more than a wannabe from Everett who thinks you know it all. I'm sure you know all the answers; now it is time to put the answers with the questions.
We started this sparring match this morning. You, in your wisdom, have not answered one question. Do you really think the folks in Wellfleet should be pissed that someone in their town was doing what amounts to a slow death of their little island??
Do you really think that those who still look at your assinine rants care about Geoge Bush and investors and hedge fund managers ad nausem?? All the folks I know want to know is when the hell shit won't be mixing with water around the place that you and whats her/his name want to defend. GO TO BED!! I hope you make more sense witha good night's sleep. My offer to go to Luke's stands
Thinking of youse,
Clamdoggie
I don't live in everett its somerville
home of infamous mobsters .. Be carefull what you say about the city slickers...tell everyone who the investors of the Pearl are and we will know what this is about. See any three legged toads yet? How about two legged turtles? I have in labs. So what are the fertilizer moguls doing about it? 5 bucks the Bookstore gets to stay and 10 says The Pearl won't even attract flies by the time you are done exploiting them. Think its time for your rabie shot.
Everett is a step up. I was giving you the doubt. Who are the mobsters?? Whitey Bulger?? Doc Salamme?? I do have a cat that pisses on one leg. Does that count??
Is it careful or carefull?? Is it rabie or rabies??
I'm beginning to think it was Cambridge School.
Man, you are betting the farm on the Bookstore!! Five bucks??? You got change for a nickel?? The flies already have a home. When you talk about the "city slickers", is that Billy Crystal you have in mind??
When can we talk about the IRS??
Hope you have a grate Friday.
When can we start the spelling bee??
The loser goes off the Tobin Bridge.
So long for awhile.
Clum
And I am a rocket scientist.
Get it?
Yet?
**The BOH now has to answer to some questions, and she can thank Mr. Robbins for that.
Hillary: When you play in the gutter, you get dirty.
If Marilyn Miller is on this one you know it will be the truth when she is done. Too bad they kicked her out of Truro, we might have got the real story on that other one, too. It seems she was after the chief for some explanations and got a door slammed in her face and threatened to call her editor. Censorship is as common was the scrub pine on Cape Cod when it come to certain people.
Well, that's good news. Hope there's a happy ending to this ever winding saga-in favor of the Bookstore Restaurant. That will teach them not to pick on the Wellfleetians. Wonder if Noam and Howard are still holding lectures? Maybe they help out? I would think the liberals of Wellfleet would like to save The Bookstore from the sprawling Richistans....guess we'll have to see what happens. I wish them luck, shelli and hope to be back for those fried oysters in the Fall.
You must be on the Starship ,also."Censorship is as common was the scrub pine on Cape Cod when it come to certain people"
When it "come to certain people", they should spend more time learning the King's language.
My offer to take youse too girls tu Luke's still stands. How am I dueing???
Remember, we change directions at half time.
What we have folks are apples and oranges. Her article reports on number of gallons per day of town water being allowed; up to 3,335 GPD. It appears that they are doing a great job in water conservation, using well below their daily limit.
The biggest use of water in a restaurant is cleaning & washing of pots, pans, dishes, glasses & silverware. The next is use by sanitary facilities (rest rooms), the third is cooking.
The BOH seating capacity limit comes from the current design of their septic system which using the standards in Title V, a restaurant, eat in is 35GPD per seat. It now appears that they have made an argument that the 'Bomb Shelter' seats (40) should be counted as Lounge, Tavern seats at 20 GPD. Which they feel would be allowed as no food is service is allowed there perhaps?
The CC article states that they now have 106 seats, so one possible seating arrangement would be 80 seats: dinning areas (80 x 35) =2,600 GPD & 26 seats: B. S. (26 x 20) -520 GPD total 3,320 GPD
Like it or not Title V is in control here not water
In one case we presented this information to DEP for a waiver from the 35GPD rate to a lower yearly daily average number based on certified waste water meter readings, and we were told to come back after you have two plus years of data, and file a petition for relief. The WBOH hands are tied here, as well as the hands of the design engineer, Title V is the determinate standard, court cases have reaffirmed that as well.
The amount of fresh water being used is not relevant at all in this matter. It is great that they were able to tie in to new water supply as that helps them in other ways.
But the fresh water usage, or lack of it does not change the seating limits at all.
http://www.wickedlocal.com/wellfleet/news/x1570389175/Restaurant-s-trial-water-hook-up-going-well
My buzz? Ugg..wonder if buzz is gadfly and mcc they refer to as baldie? Just another flying troll in need of swatting. Tickled to see Marilyn is picking up the story. Peter R. is now on check. Let him and his friends squirm. Going out to celebrate a birthday at the capital grill with family and friends hear it's one of the best places around. Keep up the fight I hope to stop in again at the Bookstore after the oysterfest or sooner if there is an art show.
That number of seats are the only ones allowed on the premises, if there is seating in other areas that exceeds that number those areas need to be closed.
So if 20 people are on the deck, than that number of seats inside can not be used.
Not counting the outside patio (with 12 seats) there are about 116 seats on the first level and Bomb Shelter, deck ~23 seats, bar ~22 seats, dinning area ~45 seats, those are 35 GPD seats, the Bomb Shelter ~26 seats (plus 14 person bench not counted) are 20 GPD seats. So any combination of the above could be in use at one time provided they don't total represent 3,325 GPD.
Not counting the Bomb Shelter you have ~102 seats at full occupancy would use 3,570 GPD which is in excess of the permitted and agreed upon Title V flow daily rate.
The use of Town water has no bearing on the number of seats.
The lawsuit was directed at Captain Higgins & their owners on a property abutted already by 2 restaurants, a fish market, many dumpsters and old boats...CH is across the street. Zoned two family, yet multitudes of kids living there.Enforced~~NO.
As a partial owner, it was the perfect ruse for Him to stop competition to his families restaurant. Nothing more. It backfired when attention turned to Him and all the issues and laws he was breaking. He was and still IS polluting your marshland. What is it going to take? You have the power to do whats right! Town checked the septic at his cottage by the pier? Inquiring minds want to know. Everyone including MP and his family should play by the same rules as other businesses~Fair is fair ~approved for 95 seat~Deal with it!!!
Seems there is alot more PAIN in the Hollow then there is Pleasant on the Point. Go Point your nasty finger somewhere else, Sport.
Remember when Mass ave (all the way to Huntington Ave) was considered a slum area,left to disrepair and devaluation?
Investors came in, rebuilt the entire area, and now it's Brownstone.ville
A prime area for the well heeled.
Well the same goes for the Cape.
Mashpee was considered the section 8 slum of the Cape.Same deal.
Now..
McMansions abutting fragile estuaries and harbors
(once teeming with oysters, clams, fish,wildlife)
now teeming with sewerage..
while the tiny summer cottages are being bought, torn down, for the elite.
..and no natural wildlife.
Just follow the money on all issues.
Money paves the way, circumventing all zoning,sanitation,etc..
No matter where one lives.
277,000 families lost their homes in July 08...not good.Crusader, I never heard again about the boat trip....how did it go!
I read the last post of the professor from Everett, and I need a bit of clarification.
"DRIVING OUT A LONG TIME BUSINESS OWNER WHO IS FORCED TO DEAL WITH THE SAME SEPTIC ISSUES AS OTHERS IS UNFAIR AND SHOULD BE ILLEGAL"
Can someone explain that one. I don't think the place is being slandered at the peak of the season. Which season are we talking about??? Starting in 1987, there have been at least 20 seasons to "slander"
Cru, take a logic course. You don't make much sense.
No boatride yet.
Wallstreet journal article stated 330,000 have left the state, I say its more. 45% want to abolish state tax, a snowball in hell has a better chance. Racism is everywhere but minorities still have more opportunites and freedom here than on alibaster island. Rich snobs I try to avoid. They are a plauge to our democracy. Hedge fund tanking has them quivering. I pray for restabilization in this country. The reason for mcmansions is no faith in wallstreet, hiding tax payments, and laundered money has to go somewhere.
Along with some personal vendetta and outright LIES.
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About This Blog
Peter Robbins has spent 25 years in law enforcement, and has testified in many jurisdictions as an expert witness in the forensic field as well as traveling the world lecturing on physical evidence and pioneering new training programs.
He is Past president and co-founder of the International Homicide Investigators Association, Peter has received many awards and recognitions for his accomplishments in the forensic and law enforcement training fields and for initiatives in Multi-Agency Cooperative Efforts.
A native Cape Codder of many generations, avid photographer, licensed captain and family man, Peter and his wife have a private investigative and consulting business. He can be reached by email here.
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