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Licensing and water woes continue to plague Wellfleet's Bookstore Restaurant
An update on the Bookstore Restaurant in Wellfleet

A handwritten sign on the slider to the bar says the restaurant will be reopening on December 26th.
Photographs & Story by Peter Robbins
So many positive things have happened in Wellfleet this past year including the unveiling of the new Uncle Tim's Bridge (see here and here), the implementation of some of the town's commendable green efforts, and the continued success of the world-renowned Wellfleet Oyster Festival. Still, one can only imagine the inherent difficulties in running a year-round business in this small unique fishing village. And to do so, you must have a valid business license issued by the town.
Yet, according to the Wellfleet Town Administrator, Paul Sieloff, the Bookstore Restaurant has operated without a business license for all of 2008.
In the minutes of the November 6, 2008 Board of Health meeting, Carol Parlante, the owner of the Bookstore, told the board she was unable to get her business
license because she had not upgraded her septic system. The Chair of
the Board, Richard Willecke, gave a chronology of the enforcement orders
history (see below) on the Bookstore and would not accept Parlante's statement
blaming the Board of Health for her inability to get a valid business license. Willecke
went on to explain that Parlante was given six months reprieve at which time the
business was allowed to stay open.
Lezli Rowell noted that Parlante proceeded at her own risk by operating the business without a license while the Board of Health would not accept the risk of signing off on the license while the applicant remained in non-compliance with the board's enforcement orders and the food establishment sanitary code.
Chairman Willecke also mentioned the fact that the board has received public scrutiny for its efforts to guide the the Bookstore towards compliance rather than exert the full enforcement authority of closure.
As I spoke with Sieloff, he commended the Wellfleet Board of Health for its continued efforts working with the Bookstore's owners on the restaurant's septic and seating issues. "They are still operating on a tight tank condition so there is no polluting taking place." When asked if the restaurant will be able to permanently tie into the town's water supply, Sieloff was uncertain about whether or not the Wellfleet Water Commissioners would be able to approve a permanent hook-up.
Calling the Bookstore an "iconic" business, Sieloff is hopeful the current issues can be resolved. "They are sometimes the only restaurant open during the off season in Wellfleet," he said.
When asked how one serves food and liquor in Wellfleet without a business license, the town administrator reiterated the words of Lezli Rowell, "They operate at risk."
It is possible that even more is at risk when operating without a valid business license from the town. According to a minutes entry dated October 30, 2008,
"Received call from Paul Sieloff regarding issuance of business license for Bookstore. Bookstore having problem obtaining insurance without business license."
When I asked Mr. Sieloff about the insurance problem, he said he was aware there was an insurance issue with the Bookstore, but did not know whether they currently had insurance or not.
Insurance is not the only thing affected when a valid operating license from the town cannot be obtained. If a restaurant doesn't have a business license, how can they possess a valid liquor license? A call to the Massachusetts Alcoholic Beverage Commission yielded the following answer from the Executive Director Ralph Sacramone, "We will not comment at this time as the issue has potential to come before us in the future."
A sign on the slider door of the Bookstore Restaurant says they will be closed through December 26, 2008. Hopefully that will be enough time to resolve some of these licensing issues.
The Bookstore History (From the Wellfleet Board of Health)
- 1980: Sewage Disposal Permit for a 95 seat restaurant with a total daily flow of 3480 GPD
- Certificate of Compliance issued September 1981
- 12/2005: Sewage disposal permit to inspect leach field 95 seats listed on permit signed by Michael Parlante
- More than 4 pumpings identified in July of 2007
- July 20, 2007: issued ORDER to upgrade, system to be replaced within 90 days
- August 1, 2007: Mike Parlante appealed Health Agent's decision in writing
- August 6, 2007: seat count conducted by Andrew Petty, 14 on patio, 50 in lower dining room, 32 on lower deck, 57 in top dining room, 32 on top deck, 21 at the bar, 26 + 14 person bench for a total of 246
- August 7, 2007: complaint regarding sewage overflow during the evening of August 4, 2007:around 10PM. Site inspection conducted, spoke with Mike Parlante who denied said overflow
- August 8, 2007: Board of Health meeting to appeal Health Agent's decision, Rowell moved that "The BOH sustain the Health Agent's decision of failure for the septic system serving the Bookstore Restaurant, and allow for continued maintenance pumpings in the interim, and grant an extension for upgrade deadline; requested that Parlante provide maintenance records to the Health Department, and report back to the Board within six months with engineered plans for the required upgrade." Passed by a vote of 4-0
- February 13, 2008: Letter issued to Ms. Parlante advising that the six months had passed with no engineered plans submitted to the Board and that her business license would remain on hold until such plans were received.
- February 14, 2008: Emily Beebe submitted as extension request for the Bookstore Restaurant to comply with the order to submit upgrade plans
- February 21, 2008: Board of Health listened to request extension, discussion took place regarding "White Knight" technology; it was decided that this technology could not be used at the site due to DEP approval letter for product. Beebe would return to the Board within two weeks with a new plan.
- March 6, 2008:Board of Health Meeting, Board voted 4-0 to have preliminary plans submitted tot he Board within 2 weeks time. Final plans to be submitted within 4 weeks time, with completion of construction date to be determined after approval of plans, the business license will be withheld until completion of construction, and any failure to comply would result in a Board of Health closure of the Restaurant and may result in court ordered enforcement.
- March 13, 2008: Letter issued to East Cape Engineering, DEP, Bookstore stating the files on record clearly show the establishment of a 95 seat restaurant and the new design plans should match accordingly.
- March 19, 2008: soil evaluation conducted, water monitoring well installed to establish ground water elevation.
- March 20, 2008: Board of Health Meeting, discussion took place regarding hooking up to municipal water supply and I/A technology. No plans were submitted, no extensions were granted; motion from March 6, 2008 still stood.
- March 20, 2008: Health Agent received a letter from DEP requesting information following a complaint received at their office for a failed subsurface sewage disposal system at the Bookstore Restaurant.
- April 3, 2008: Board of Health Meeting, East Cape Engineering passed out preliminary plans to the Board, discussion took place regarding what type of system the Board was interested in, high groundwater determination,I/A technology, leach field sizing and setbacks. Final plans to be submitted with variances requested at the next BOH meeting and April 17, 2008.
- April 16, 2008: Sanitary Survey conducted at Restaurant with DEP, 95 seats enforced by DEP.
- April 17, 2008: Letter issued to Bookstore Restaurant, ORDERED to reduce seating immediately to 95 and ORDER to correct food code violations within one weeks time.
- April 17, 2008: BIH Meeting, Tim Brady requested a continuance so the Bookstore could get a more definitive answer on a hook up to the municipal water system. BOH denied the request for an extension and opted to hold an emergency meeting to approve plans on April 22, 2008.
- April 22, 2008: BOH Meeting, variances granted plus a plan was approved. The state DEP has 60 days to grant approval.
- June 13, 2008: DEP denies variance request because SAS is located within zone 1 of their PWS, current plan increases flow from 3323 gpd to 3380 gpd, and DEP has a record of another water supply well on the property that was not shown on the plan; Septi-tech unit will have to operate under Provisional Use, not general use, the existing grease trap should be relocated to maximize separation from the water supply well. DEP gives 60 days to address deficiencies (August 12, 2008)
- July 18, 2008: Meeting held at MA DEP to discuss potential for the Bookstore to hook up to municipal water. Septic flow is discussed as the numbers are very close to the maximum water system capability. Mike Quink, Tim Brady, Brian Dudly, Robert Bianchi,Mike Parlante, Julia Willecke, Paul Millett, Moe Barocas, and Hillary Greenberg were all in attendance. DEP advised that a temporary hook up (three months) to the municipal water system would be allowed to guage an accurate water flow from the establishment as the flow on the establishments meters differed by 800,000 gallons between years.
- July 21, 2008: Letter from Tim Brady requesting 90 extension to allow the town water issue to be pursued and to address other comments on DEP letter of June 13, 2008.
- August 7, 2008: Board of Water Commissioners requests seat count by the Assistant Health & Conservation Agent. Count turns up 223 seats.
- August 8, 2008: Cease & Desist letter issued to Bookstore for operations in excess of 3325 gallons per day flow. Bob Bianchi, attorney for Bookstore was advised prior to issuance of letter. Meeting with Paul Sieloff to request Town Counsel assistance.
- August 8, 2008: Seat count in compliance.
- August 12, 2008: DEP deadline to address deficiencies. No correspondence has been received by this office addressing deficiencies or approving 90 day extension.
- September 11, 2008: Deadline as established by East Cape Engineering (90 days). No updates from East Cape Engineering and no approvals for extension from MA DEP.
- October 30, 2008: Received a call from Paul Sieloff regarding issuance of business license for Bookstore. Bookstore is having a problem obtaining insurance without business license.
- October 29, 2008: Letter from East Cape Engineering (received by Health Department on November 6, 2008 ?) Requesting an additional 90 day extension while they await final approval from Water Commissioners.
- November 6, 2008: Letter sent to Water Commissioners from Health Office inquiring on status of Bookstore water system hook up and water usage.
Read related posts below:
- Bookstore ordered to reduce seating to 95 seats
- Bookstore seeks a 90-day extension from the DEP
- Bookstore Restaurant Plan Denied by DEP
- Massachusetts DEP makes surprise visit
- The Bookstore finally gets the message
- The good graces of the Board of Health have expired
27 comments
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I know it says water supply, but that doesn't jive with why they are waiting for approval.
Of course it may say in one of the previous stories, but I didn't read all of them.
Would it be improper to tell the owners to remain closed until the issues have been resolved?? Would it be considered prudent to have a meal at a place that has no insurance and by the health dept telling them there are "food issues"??
What a great country!!
Standing by,
Dog
The Massachusetts Office of the Inspector General is a state watchdog agency. The Office has a broad mandate to prevent and detect fraud, waste, and abuse in government. The Office conducts operational and management reviews, analyzes legislation and regulations, provides technical assistance, and conducts civil and criminal investigations. The Office has established a confidential toll-free hotline number 800-322-1323 and invites calls to report suspected fraud, waste, and abuse in government.
One could say easily that there is some sort of abuse of government going on here. One might link Selectmen Donovan to lack of oversight from the Selectmen's office.
So far every one has been lucky in that no one has become ill, sick or hurt, by either patronizing or working in a facility that is unlicensed by the Town, but I do know if I was to bring a wrongful suit seeking damages, the Town of Wellfleet would be right up there on the defendant line along with the owners and operators of the restaurant.
Come to think of it, aren't you placing a little too much blame on the Parlante family?
Come-on. Just because they refuse to invest their corpulent profit margins back into their business.... you can't blame them for that.
Why bother being responsible and playing by the rules when your ties to local and state government can get the job done without all that unnecessary investing in the health of your customers, concerns about the local environment and playing by the rules?
Get on board.
Don't be so naive. It's embarrassing.
It's the escalating cost-of-living and the seals out on Nauset that are driving away the kids.....
Too bad certain greedy investors are bitter about their failed investment of the Pearl. The Bookstore should not be used as a political pawn for the benefit of those who hide behind ulterior motives. The 25-35 year olds are smart to leave. If you have to work 50+hours a week, you never get to the beach. Finally, they realize it's not paradise as promised by the hungry realtors. Nice to see the times print the truth. Just keep building the elder condos, soon it will look like south Florida, trailer park heaven. Like my good friend shelli would say, Enjoy!
It will interesting to see if they will be allowed to continue operations on 26 December (the re-opening date on their sign), by the offices of the Board of Selectmen & Health, and further if the various permits and licenses required to operate a food establishment (to wit a restaurant with alcoholic beverage service) are granted by the BOS, BOH and occupancy is granted by the Building Inspector.
Since the BOS has had no problems in utilizing Town Counsel (tax dollars) to fight those things they don't want in town, i.e. zoning, lets see if they use or have used town counsel to keep them out of this significant potential liability issue.
For that is what I see is the issue, politicizing of the issue I believe is the purview of the ownership of the Bookstore and their ability to deceive and evade proper operation and compliance to the same standards of all other similar business in Wellfleet and the Commonwealth. There exists clear and convincing proof they have not done so, for a number of years. Q.E.F.
Call the Inspector General! Please do!but first, he should start with your crooked courts and all the dirty rogues before going after the Bookstore! Get your priorities in order, or don't say anything. It's you who are embarrassing the rest on the island without pity.
I'm all for corruption, greed and the pursuit of the almighty dollar.
Why are you trying to get everyone in trouble?
And, BTW, the pearl looks like it is moving along at a good clip.....
If you feel that there are other business that have flaunted or continue to fluent the regulations and requirements to operate a business in a safe manner, please do revel them. Rather than the typical "I'm a victim and I'm entitled' defenses to often heard today in this age of taking no personnel responsibilities for our actions against and with society.
When you protest with such vitriol it does make wonder what you do in fact know, as to your desire to shift blame.
Corrupt courts & by implication judges, rouge law enforcement yes those exist, but not all, just like not all restaurants operate in such a caviler manner.
What world do you live in? The island is infected with the same "mob mentality" as the rest of the country ,in some cases it is worse because of its remoteness, insular communities. No one wants to blow the whistle on other restaurants because no one likes a snitch, whistleblower, rat. Do you understand the mentality of the people of the Cape? All they care about is which rich jerk is going to carry them along until the next disaster strikes. Towns are hurting for money, the town cronies need their lucrative jobs. There are plenty of places with bad septics, but you would need an inspector w/INTEGRITY to conduct an overall study of ALL establishments that violate these regulations. And when you have septic installers who are just out for their outrageous charges (250-500k) how are these owners to afford such a rip off? I vote for the towns people to keep their restaurants because I've seen what the yuppie sprawl has done to my own hometown. It s@cks! It drives people out because the greed from town halls would rather take 3 times more in RE taxes. Then the yuppies rule.
It's really time to think about another arena for you to spit out your anger. You have taken on some of the attributes of another "patriot of the honey wagon" GIVE IT A REST.Somehow,I don't think Kendrick Ave is "PRIMO"
I do think the idea of identifying those who are flaunting the law is a great one. Let's have a sandwich at Elsie's. Do you know where that is???
Good hot pastrami. I'll buy.
Doggie
PS What is that being built on the corner near the marina?? I bet it's a roller skating rink
In the world I live in that is called courage. My world is one that deals with facts, not innuendo or aspersion. That understands that there are many injustices but we can't fix them all at the same time.
"Some believe there is nothing one man or one woman can do against the enormous array of the world's ills -- against misery, against ignorance, or injustice and violence. Yet many of the world's great movements, of thought and action, have flowed from the work of a single person.…"
—Robert Kennedy
I see that cynicism abounds in your posts, I am sure the other concern you have is over the multitude of 'black helicopter' training flights that take place over the Cape.
You make a number of inflammatory charges, in your posts but unfortunately lack the moxie to back them up. The temerity of youth without the wisdom of maturity as to action.
Take a deep breath, stop looking for conspiracies in every shadow. Remember every journey starts with a single step forward.
I don't live there anymore, so why should I give a rats ass if the taxpaying residents don't? I had the courage to speak out about the grave injustice done to Christa Worthington & the innocent man accused of killing her---where did it get me? NOWHERE.
Nobody wants to hear the truth because it would pull their pants down & spank them too hard! It would interrupt the criminal cash flow.
Give me a break. You don't live in the real world.
It's not that easy to report people who commit crimes when money or connections are their ruling force.
It's a sad day when people with power will take money over doing what is right. We see it play out in politics everyday.
Possee, thanks for suggesting "The Brotherhood", btw. If the setting wasn't RI, I'd swear it was the back streets of Southie. Watching that series spells it all out crystal clear. You are either in or out, no middle ground and all the players will turn on one another if their living is compromised. Closed communities stick together and the Cape is no different from the tough city streets, they just hide better.
Thanks for your profound thoughts. Where should we apply them?? Was that you in Elsie's
Dog
Is it time for another Suzanne Vega hit?
Maybe they should start building casinos on the island, what do you think? Will that help with their cash fallout?
http://www.youtube.com/watch?v=yYY4itItDU4&feature=channel
Building America's First Offshore Wind Farm to supply 75% of the electricity needs of Cape Cod. Join the Renewable Energy Revolution here on the Cape today. (Yarmouth)
Conveniently located in Patriot Square near the movie theatre, Jason's Tavern offers American and international casual dining for the whole family, as well as cocktails, Keno, and early bird specials. (Dennis)
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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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Some observations, the Town has a potential liability, as it has allowed a business to knowingly, notoriously and openly operate with out proper licensure and permits.
Why has the Town allowed a business to operate "at risk" without a business license for over a year?
Fund raisers have been held there for political candidates. Is there a connection?
As part of the renewal of the all alcoholic common victualars license the ABCC requires a 'safety' inspection conducted jointly by the Chief of the Fire Department and the Building Commissioner, to inspect life safety items, alarms, exits, fire extinguishers, fire suppression dry systems in the kitchen, and most importantly the occupancy limits and use of the premises. Has this inspection been undertaken and if so what were the results?
There seems to be more than enough reason for non-renewal of the liquor license by the Town until all violations, conditions and permits have been met and satisfied.