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Board of Health minutes 02-13-02



Wellfleet Board of Health
Minutes of Meeting of February 13, 2002
Senior Center, Long Pond Room

Present:        David Breen, Chair; Betty Kimball, Lezli Rowell, Geoffrey Karlson;
                Emily Beebe, Health Agent; Richard Asmann, Inspector of Buildings

Chair David Breen called the meeting to order at 7:00 p.m.

Evelyn Paine, Pilgrim Springs Cottages, 2032 State Highway, Map 29, Parcel 127
active smoke alarms exist in each unit
pool fence company obtained building permit on 2/4, hopefully will begin work next week
Murphy-Nickerson has removed almost all brush from wellhead area
Ms. Paine has completed and submitted the required packet of information to the DEP
     Board members commented on her report and request:
Geoff Karlson asked whether Cappello Well Company could do agreed work before the bank loan came in; Ms. Paine affirmed this.
Betty Kimball, concerned that real estate signs for the sale of condos had been put up before the ZBA had approved the project, asked if such advertisement were legal.  Ms. Paine stated that this was so, pending approval.  Kimball queried Health Agent Beebe as to whether condo conversion of the cottages would make a difference in all the regulatory work done by the BOH on the matter so far; Beebe responded that all outstanding violations need to be nailed down before
Karlson wondered if the BOH variance granted for use occupancy of the cottages might have to be revisited for those buildings as condos.
Lezli Rowell noted that this was the sixth time the BOH was extending the orders and that it should be the last; she asked Beebe how, if the condo conversion went through, the problem of 14 owners using a grandfathered well could be handled.  Beebe responded that perhaps a property-use covenant could be drafted with the help of the DEP.  Rowell asked whether such language should come from the BOH at the ZBA
Ms. Paine stated that the DEP has a process for going from single to multiple ownership, citing Pleasant Point
Building Inspector Asmann spoke of the large issues concerning this conversion, which must go through the special permit process in the Zoning Bylaw (Section 6.11) remaining
Lezli Rowell asserted that the DEP should give Ms. Paine a definite idea of the number of bedrooms in the cottage colony in writing; although Ms. Paine has stated that DEP recently seemed satisfied with the number of 35 from town records, their last written correspondence states that the number is 15.  
Geoff Karlson commented that if the ZBA refers this matter back to the BOH, Ms. Paine should provide the BOH with a copy of her
Emily Beebe stated that Karlson
Ms. Beebe then proposed to put together a brief statement to inform the ZBA of what the BOH is looking for before it can approve the condo proposal; Karlson added that, if the BOH has the material to review, it can make the decision at the next meeting; Lezli Rowell cautioned that the outstanding habitation violations must be addressed before approval; and Betty Kimball, commenting on the real estate signage, asked how one could market something without knowing exactly what one is marketing.
Ms. Paine stated that she hopes to have the water upgrades done by April 1.  She then invited the Board to visit and inspect Pilgrim Springs Cottages; it was decided that this would take place on Thursday, February 21.  
Lezli Rowell asked if compliance with the water problem and the structural issues would be possible by April 30.  Ms. Paine affirmed this, stating that she probably would not be opening until Memorial Day.  Geoff Karlson restated his wish for the BOH to review the application plan for the condo permit; Asmann emphasized the need for an update to the master deed and a letter to the ZBA as a reminder for the necessity for a formal request of the BOH to recommend on the condo request.
Lezli Rowell moved and Betty Kimball seconded that the Board of Health orders of September 6, 2001 and December 7, 2001 be extended a final time until April 30, 2002.  Unanimously passed, 4-0.
Variance Request:  David and Paula Schnare, 11 Railroad Avenue, Assessora design flow but could only support the plan with no increase in habitable area.  Health Agent Beebe pointed out that two variances were to public water supplies and would need additional treatment from alternative technology; she would perhaps recommend the Singulaire system.  Arthur Stedman, an abutter, spoke from the audience of his concern with the moving of a well in the area and received information from Beebe concerning his question.  All information on well movement is accurately located on the Felco plan completed for the Schnares.  Further discussion involved consideration of alternative systems, possible increase in habitable space and Rowell seconded that the Board of Health continue consideration of Felco Engineering Plan #01203 (dated 1/16/02) until the next meeting, requiring an alternative treatment to protect public water supplies and more accurate building plans.  Unanimously passed, 4-0.
Proposed Subdivision Request:  #02-01, Greta Einig, 7 & 10 Castelo Court, Lot #s 13 & 13.1, Assessor
Approval of Minutes
Lezli Rowell moved approval of the minutes of 1/9/02; Geoff Karlson seconded; unanimously approved, 4-0.
Lezli Rowell moved approval of the minutes of 1/23/02; Geoff Karson seconded; unanimously approved, 4-0.
Proposed BOH Regulations Discussion: Sections 302, 508, 509, 7003
Ensuing discussion on proposed regulations covered alternative technology of septic systems on coastal banks, use of I/A systems, BOH regulations prohibiting/restricting the expansion (including seasonal to year-round use expansion) of non-conforming (to Nitrogen loading requirements) properties, necessity of accurate guidelines for BOH
Proposed Bylaw:  Dogs on the Beach
Health Agent Beebe discussed with the Board the proposed bring BOH members
Other Business
Draft of Letter to BOS re Full Time Health & Conservation Inspector Position
Appointment of Geoffrey Karlson to the Affordable Housing Task Force
David Breen informed the Board of Assistant Town Administrator Rex Peterson
David Breen moved that the meeting be adjourned; Betty Kimball seconded.  The meeting was unanimously adjourned at 10:10 p.m.

Respectfully submitted,



______________________________
Frances J. Castillo, Assistant to the Committee Secretary