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Wellfleet Board of Health
Minutes of Meeting of April 10, 2001
Senior Center, Long Pond Room
Present: David Breen, Chair; Betty Kimball, Lezli Rowell, Geoffrey Karlson;
Emily Beebe, Health Agent; Citizens of Wellfleet
Excused: Zel Levin
Chair David Breen opened the meeting at 7:01 p.m.
Evenpesticides, the possibility that wooden floors in storage bins would allow leakage, and the rubbage and recycled materials which are stored there, contrary to the orders. She stated that part of HortonBetty Kimball asked for a copy of Ms. McCafferyHealth Agent Emily Beebe stated that the idea of a Board of Health site visit was a sound one. She added that Mr. HortonLezli Rowell commented that the septic system on the EvenGeoffrey Karlson asked if Ms. McCaffery would want additional conditions, to which she answered that she would wish things stored on the ground would be picked up. She inquired whether it was legal for such items as old television sets to be stored there.
Lezli Rowell pointed out that this area is a C2 zone created for light industrial use; she will visit the site but sees this application as allowable.
David Breen felt that there was need to table this matter for study.
Geoffrey Karlson moved and Lezli Rowell seconded that the Board table discussion in order to review the correspondence concerning the matter and to visit the site on a date to be arranged by the Health Agent. Unanimously passed, 4-0.
Discussion with Jan Plaue Regarding Open Space Article 33 of the Town Meeting Warrant: Ms. Plaue presented this article sponsored by the Open Space Committee which proposes that control of five parcels of town-owned land be transferred to the Conservation Commission, which would manage the parcels for conservation and passive recreation. She described the generation of the article from Open Spaceapproximately 500+ acres that the town owns. Her description of the five parcels follows:
Williams PondGull Pond RoadChequessett NeckPaine Hollow RoadDrummerChair David Breen requested comment from the Board:
Geoffey Karlson asked if Open Space had contemplated discussing this article with the Housing Authority; Plaue replied that she had had discussion with Judy Taylor, who indicated that if the Gull Pond parcel were dropped, the Housing Authority and Affordable Housing Task Force would support this.
Karlson voiced concern that all of these parcels were now on the warrant; he would have liked a dialogue in which different boards could perhaps find a common ground.
Lezli Rowell stated that it seemed aggressive to have placed this article on the warrant before taking these parcels before the Boards; Ms. Plaue offered an apology and stated that this was a learning experience, that it would not happen again, and that from now on Open Space would start early on such presentation of parcels.
Karlson added that this decision would be difficult given all the needs of the community, since once these parcels went under ConsCom authority, it would be extremely difficult to get them out.
Rowell commented that she thought the Gull Pond parcel should be stricken from the list, since the Police/Fire Station would at some time have to expand and the town would need a well to serve the public safety facilities; the Gull Pond property should be saved for that purpose, not for housing. Language needed to be added to insure that a well could be dug, she continued; then perhaps she could support that parcel. She noted that the other parcels are town-owned and not going anywhere, so why do these need a conservation restriction?
Plaue responded that the Housing Authority has come for a parcel twice, and this would give it further protection.
Betty Kimball stated her appreciation for the work that Open Space had done in going through the process and her agreement with what the other members had said. She asked if the Board would act on it at this time.
Health Agent Beebe suggested discussing the BoardAppeal of Robert J. Martin II for approval of Septic Installercorrespondence because his office manager never brought it to his attention (an assertion that Mr. Martin, Sr. later repeated). Zehnder requested that the Board approve an installerMs. Beebe responded that the first problem occurred with the back-filling without hookup and inspection; she received no response from him to her communications until she had the police deliver a letter to his office. She continued that she needed to be able to trust her contractors Referring to her letter of 12/14/01, hand-delivered by the police to Mr. Martin, she noted that the septic system did not work and was a potential public health threat and that the property was finally permitted to another installer.
Betty Kimball remarked that non-payment of a bill was not an adequate reason for not having gone to do the required work.
Lezli Rowell noted that Martin should have responded to the 48-hour directive (letter of 12/14/01) and that this was a serious disregard for local regulations. She added that he could have gotten in touch with the Health Agent and indicated that he was not doing business with the property owner any more.
Geoffrey Karlson commented that there has to be a presumption that individuals doing business with the town have organizational skills to make the work go smoothly. Because of this lack of responsibility and business protocol, he added, it is difficult to be sympathetic with MartinChair David Breen asked how long Mr. Martin had been in the septic installation business and, being answered six years, commented that he was a seasoned veteran who had taken a cavalier attitude here. He asked if the Board waited until the next calendar year to approve the license, however, how would it monitor a probationary period.
Health Agent Beebe stated that she preferred not to oversee Mr. Martin this year.
Attorney Zehnder noted a significant difference of opinion between what the Health Agent had just said (no permit until 2003) and what Attorney Jaime Veara had earlier told him she had said (permit under probation for the rest of 2002). He added that the problem here was with a single installation, due to issues with the owner and the office manager, and that Martin has not had a license in Wellfleet for four months now. With eight months to go in the year, this will cause Martin a significant economic impact. Zehnder stated that the damage is not proportionate to the offense.
Mr. Robert Martin, Sr., now the office manager for the business, blamed the problem on the former office manager, claiming that none of the correspondence which had come in on the problem ever got to Martin and that a letter from him requesting a hearing was found prepared but purposely neither dated nor sent. He added that these discoveries were made after MartinHealth Agent Beebe commented that perhaps the problem deals with agreement on the definition of probationary period; she added that she has not Bobby Martin stated that he saw the problem as a disagreement between the Health Agent and himself. He held his former office manager accountable and maintained that he never saw any communication about the problem, and he spoke of his loss of income because of the loss of the installerMartin, Sr. asked how many site visits the Health Agent made that she had not met Bobby Martin as the installer of record? Chair Breen replied that Ms. Beebe goes out to inspect septic systems alone and Attorney Zehnder agreed that a disagreement existed between Martin and the Health Agent centering around the Judge problem but contended that taking away the license was punishment, not securing of compliance. In answer to KarlsonMr. Martin Sr. spoke as a guarantee for MartinIn reply to KarlsonKarlson moved that the discussion concerning the petitionerUnpermitted Stable: Lawrence and Laurie Smith, 85 Howes Road, Map 29, Parcel 272. Mr. and Mrs. Smith appeared to present their proposal to keep their horse stabled on their Howes Road property. BOH regulations state that a property must be at least ¾ acres (30,000 square feet) for a horse stable; however, the Smitha permittable situation, adding that there were probably zoning issues to be worked out. The following points were covered:
Smith stated that they could obtain an easement from a neighbor or a joint stable license with Lot #11, which would produce an acre combined.
He emphasized that there is not an adverse effect on ground water; the stable is cleaned daily; refuse is taken to the Eastham dump daily; there are lots of flycatchers, since the horse is allergic to flies.
In response to Chair BreenIn response to KarlsonDiscussion of the joint stable and/or easement determined that the joint stable idea could be explored and that the easement would be a paper application. Betty Kimball noted that the BOH has extended the courtesy of an easement to other horse owners in town.
Another horse supporter explained that for the animal permit to stable horses in the Paine Hollow neighborhood, both names, ownerGeoffrey Karlson asked Smith, who answered affirmatively, if he were proposing to stable a horse only for the life of this one horse. Karlson then expressed himself amenable to the proposal for joint stabling with SmithLezli Rowell pointed out that this proposal would need a public hearing (reading Section 900+ from BOH regulations) and asked if this would be a mutual barn, to which she was answered no, simply a mutual acre. Rowell expressed a preference for treating animal permit by variance from the regulation rather than through an easement mechanism.
Health Agent Beebe stated that she supported the proposal, that it was in keeping with the character of Wellfleet as a Karlson asked Judy Tesson if there would be agreement to a total of 3 horses on one acre and to the condition of not replacing.
Betty Kimball noted that the Smiths must schedule a public hearing, notify abutters, and draw up a letter, and that this was a preliminary meeting. Lezli Rowell moved that the Board of Health extend the Order to Correct Violations of 2/1/02 to a deadline of 6/1/02 so that the Smiths could prepare for a hearing; Kimball seconded. Passed 4-0.
Dale Rice noted that stable-keeping on smaller lots is an ongoing issue in our rural town with which the BOH will have to deal; she asked if there were any way in which the regulation could be altered. She expressed herself willing to work with the Health Agent on this and other horse problems in town. Mr. Smith invited the BOH to visit and inspect the stable.
Variance Request for Green Haven Cottages, 633 State Highway, Map 42, Parcel 72. Mark Berry presented this request for variance from the square footage requirements for an existing cottage colony (built between 1948 and 1952) which he and his wife are planning to purchase. He stated that, basically, the bedrooms fit the Town of Wellfleet zoning bylaw and he was appearing before the Board for occupancy variances.
Lezli Rowell stated that given the vintage of the cottages, she would support the occupancy variance, and she recommended that the owner could create more habitable spaces.
Ms. Beebe commented that Mark had indicated his interest in building over time and that the Board needed to straighten out the paperwork now, the issue this evening being granting a variance for occupancy for 2 bedrooms not in compliance.
To RowellTo BeebeGeoffrey Karlson asked if in Unit 4, the one bedroom at 71 square feet should be limited to a one person occupancy. Lezli Rowell stated that given the vintage of the cottages and their septic systems, the property owner should get into compliance in time. Berry agreed but pointed out that the cottages had all been booked for the coming summer season by the end of March and such construction would have to be delayed because of that fact.
Health Agent Beebe suggested a site visit; Chair Breen concurred and also asked if Berry stated finances for the first 5 years would be used for payment of 2 mortgages; he added that he is immediately looking at additional well work and that the hot water systems need to be upgraded.
Geoffrey Karlson commented that this facility type historically satisfies a market need in our area and should continue; however, he noted, if these cottages were to be converted to condos, they would have to be looked at differently.
To BeebeLezli Rowell moved that the Board approve occupancy for Green Haven Cottages for 2 occupants per bedroom matching Title 5 permit. Betty Kimball seconded. Geoffrey Karlson amended the motion, adding Health Agent Beebe suggested revisiting this matter in 2008 and stated that she would arrange a site visit for the Board.
Town Meeting Warrant: Articles 33 and 17.
Article 33there might be an amendment from Open Space separately presenting the properties before Town Meeting and that BOH should support three properties: Paine Hollow, Williams Pond, and Drummer Cove (plus Gull Pond if permission for water supply use is given by Counsel). Health Agent Beebe will seek advice from Counsel and will communicate on this with Open Space. Geoffrey Karlson moved that Board of Health does not recommend Article 33 as written; Lezli Rowell seconded. Passed unanimously, 4-0.
Article 17Other Business
The Board signed business licenses.
Lezli Rowell introduced a brief discussion of the DEP letter of 3/12/02 concerning the water supply at Starfish Vacation Village (formerly Pilgrim Spring Cottages).
The meeting was unanimously adjourned at 10:10 p.m.
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Frances J. Castillo, Assistant to the Committee Secretary
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