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Wellfleet Board of Health
Minutes of Meeting of March 27, 2002
Senior Center, Long Pond Room
Present: David Breen, Chair; Lezli Rowell, Betty Kimball; Emily Beebe, Health Agent Emily Beebe
Excused: Geoffrey Karlson, Zel Levin
David Breen convened the meeting at 7 p.m. Before turning to the Public Hearing on proposed BOH regulation changes, the Board signed several business licenses.
Public Hearing on Regulations
Section 1000dump picking), but from the standpoint of town liability the transfer station cannot sanction people crawling into piles of rubbish. He is willing to look into reusable furniture, etc. when the Swap Shop is open, but much of the stuff going in is non-functional and returns no income but must be hauled away at $47 per ton. His suggestions follow:
No chargeable items for the transfer station should be left at the Swap Shop, e.g., microwave ovens, non-usable furniture,
No electrical items should be left because of the danger of severe electrical shock.
No lawnmowers or bicycles, which are chargeable items, should be left; metal is at a rock-bottom price and Wellfleet is lucky now that there is a company which will haul it away for nothing.
Betty Kimball asked if people should stop at the gate building for inspection of their material, to which Cahoon replied that this would be appropriate but that they often do not stop. He added that perhaps there should be no charge for the first load of c & d but should be a charge for each additional load.
Lezli Rowell stated that she would rather see the dump picked and reclaimed, which she noted is very much a Cahoon replied that he anticipated getting more dumpsters available on the ground, opening the rear doors to make them accessible, and having the trash in them sorted by type: furniture, fixtures, etc. He added that he has not had any community feedback from the petitioners, that he can work with BOH regulations and CMRs, but that he has neither the time nor staff to be Betty Kimball asked whether a supervised day could be established for legal dump-picking.
David Breen queried how to cope with people picking at their own risk; Cahoon replied that this might have to be checked with Town Counsel. He has talked with David Ellis, DEP Division Chief for Solid Waste, who advised him that under CMRs everything in the bin is temporary and must be removed and that good solid waste practices protect both public safety and the environment.
Health Agent Beebe commented that people who scavenge know that they are doing so at their own risk and that from her point of view, itSigns were suggested: Rowell suggested Cahoon stated that there would be some pain but that there must be a starting point in enforcement; he is now getting equipment and will soon have more options. He cited the example of prohibiting dumping of pressure-treated wood, which would be dangerous to dump-pickers who might take it for burning.
Health Agent Beebe suggested continuing the dump-picking discussion with Mr. Cahoon and Mark Vincent after Town Meeting.
Amnesty Day: Cahoon plans to set out dumpsters designated to receive specific articles on Amnesty Day; these articles would be left there for reclaimersSwap Shop Bulletin Board: Cahoon advanced a suggestion to erect a Bulletin Board in the Swap Shop for community use; residents would complete a 3 x 5 card to offer an item they no longer wanted and place the card on the board with a two-week time limit on each posting. No commercial advertising would be allowed. He noted that this should:
encourage citizenscut down debris in the transfer station
save dumping fees
address issues of reuse of items
help elderly residents get rid of bulky items.
The Board voiced approval of this idea; Ms. Rowell stated that it was a positive step but that she still wanted to encourage dump recycling. To BeebeSection 300 Definitions: The Board then considered changes to BOH Regulations Section 300; David Breen read the existing and revised definitions for Section 302, Bedrooms, and the additions for Non-conforming Dwelling and Nitrogen Loading Limitations. After discussion, including the reading of comments from the earlier public hearing on regulation changes (which elicited a change in 302 (b) on ceiling height moved by Rowell, seconded by Kimball and approved 3-0), the Board arrived at the following definitions:
BEDROOM: A room providing privacy, intended primarily for sleeping and consisting of all of the following:
floor space of no less than 70 sf
to new construction or for existing houses and mobile homes a ceiling height of no less than 7an electrical service and ventilation; and at least one window.
The following are not considered bedrooms:
Any GRANDFATHERED NON-CONFORMING DWELLING: An existing habitable dwelling with a design flow rate that exceeds the nitrogen loading limitations.
NITROGEN LOADING LIMITATIONS: The 440 gallons per day per acre nitrogen loading limitations for design of septic systems in Nitrogen Sensitive Areas as designated in Title 5.
Lezli Rowell moved and Betty Kimball seconded that the Board of Health approve for the BOH Regulations the new definitions for bedroom, grandfathered non-conforming dwelling, and nitrogen loading limitations with additions and corrections. Unanimously approved, 3-0.
Section 600follows:
The use of a nitrogen reducing system is required:
when a variance is needed to the required 100when a soil absorption system is located within the Zone II of a public water supply.
when a soil absorption system is located less than 100Variances to this section may take into account the following mitigating factors:
-direction of groundwater flow
-topography
-soil conditions
-well depths
-water quantity/availability
-water quality of the locus and surrounding lots.
Section 600In the interest of reducing impacts on marginal lots (those lots located within the buffer to wetlands resource areas), the Board of Health shall consider only Lezli Rowell moved and David Breen seconded that the proposed language of Section 608 be incorpoated into BOH Regulations. Unanimously approved, 3-0.
Section 500, Water WellsSection 509:
When a property is sold or transferred, a standard water quality test is required by the seller, and a copy is to be provided to the Health Department.
Prior to BOH signoff on any certificate of occupancy, a standard water
quality test taken within 1 year of the request for C.O. and meeting the federal drinking water standards is required.
c) Prior to issuance of any disposal works construction permit a standard water quality test taken within 1 year and meeting the federal drinking water standards is required.
Section 510: It shall be unlawful for a commercial entity to employ the use of non-recycled water-dependent displays of merchandise.
Section 7003, ViolationsSection 7003 (c): Violation of Board of Health Regulations may result in the suspension, revocation or alteration of local licenses or permits. (Alterations may include restrictions based on occupancy loading, including but not necessarily limited to the number of bedrooms, restaurant seats or other mechanisms of protecting the public health.) Lezli Rowell moved and Betty Kimball seconded that the BOH accept the addition of new language to Section 7003; passed unanimously, 3-0.
Minutes of March 13, 2002: Lezli Rowell moved acceptance of the minutes of 3/13/02 with amendment; David Breen seconded. Unanimously passed, 3-0.
Health Agentthis discussion and their conclusions, she would issue a memo to the ZBA explaining the BOHBetty Kimball moved and David Breen seconded adjournment of the meeting, which closed at 9:07 p.m.
Respectfully submitted,
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Frances J. Castillo, Assistant to the Committee Secretary
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