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Wellfleet Board of Health
Minutes of Meeting of February 27, 2002
Senior Center, Long Pond Room
Present: David Breen, Chair; Betty Kimball, Lezli Rowell, Geoffrey Karlson; Emily Beebe, Health Agent
The meeting was convened by Chair Breen at 7:01 p.m.
Evelyn Paine, Pilgrim Springs Cottages, 2032 State Highway, Map 29, Parcel 127, re: proposed condo conversioncottages until after June, since her straitened financial situation makes it necessary to be open for the whole season. Health Agent Beebe stated that Ms. Paine is definitely caught in a circle but that the cottage colony ownership cannot be changed when the property is not fit for human habitation; the issues of occupancy and the public water supply are both important at this point. Discussion followed:
Geoffrey Karlson stated his willingness to explore methods of getting the cottages open and queried whether the BOH had the power to prevent the condo conversion because of outstanding orders.
Lezli Rowell led discussion of her Geoffrey Karlson stated that the significant questions as to the number of bedrooms and Zone I status awaited the DEPLezli Rowell commented that the Board assumed with its decision of a 2-person occupancy of 35 bedrooms that the property was under one owner, that the situation was different with 14 different owners, and that the question needed to be revisited.
The Board then considered analyzing the cottages to determine number of bedrooms but decided it would be more important to address outstanding violations; they turned to the section of Ms. RowellNick Brown, Ms. PaineKarlson stated that he would support a provisional approval of the condo conversion as long as a list of violations were all corrected before a certain date, with stiff penalties for noncompliance.
Ms. Beebe commented that orders of condemnation in the housing code are very clear and that all units are under noncompliance first because of the water supply, then the electrical system, and then the housing violations.
Ms. Paine stated that part of her proposal for condo conversion is an extensive rewiring but that the ZBA would not hear her case until April 25, when two months would have elapsed; she added that it was possible, however, that a hearing could be advertised for late March if the Board indicated support of the condo proposal to the ZBA.
Karlson pointed out that the Board must decide either for a hard line or for reasonable assistance, asking Rowell if she felt she could support a contingent approval with strict penalties. Chair Breen asked if condemnation had ever been ordered in Wellfleet.
Eleanor Hazen, from the audience, spoke representing the Chamber of Commerce; she emphasized that she felt it imperative that the Wellfleet Boards work with cottage owners to help them. She applauded Ms. PaineKarlson queried Nick Brown concerning bank financing practices; he was answered that most banks have the same loan to value ratios and will insist upon condo conversion for financing.
Betty Kimball pointed out that the burden of any financing was not on the BOH but on the applicant; that the amount of work to be done dealing with health and safety issues made necessary some sort of document listing the BoardThe Board then agreed to review the master deed and produce changes in it to forward to the ZBA (all references to limitation and/or restriction of Zone 1 to refer only to locus property), to make a list of contingencies and move to approve them, and to put together all the orders, the electrical and water problems, and the problems of specific units which must be satisfactorily taken care of before any unit could be occupied and sold.
Leslie Rowell moved that the following information from her Master Deed Suggestions (I, II, III) with corrections in III for 3-year inspections and in I (b) for allowance of heating oil tank storage and vehicle storage if the DEP allows this
In III, addition after To these should be added:
Annual licensing of the pool
Provision for refuse
In the proposed master deed, 5.1.6.3 should be ended and that all the above should be contingent upon the use of property as to number and occupancy of bedrooms to be determined by the DEP. Karlson seconded the motion. The motion passed unanimously, 4-0. Geoffrey Karlson then moved that the Wellfleet Board of Health approve Pilgrim Springs Cottages for conversion to condominiums with occupancy or conveyance of any unit contingent upon satisfaction of the complete list of needed corrections (I through VII) compiled in Ms. Rowellunanimously, 4-0.
Amnesty Day, April 6, 2002Variance Requests
1. Barbara and Gary Banuk, 66 Ione Road, Wellfleet, Map 28, Parcel 65: Terry Ryder of Ryder and Wilcox Engineering represented the Banuks in this request for a septic variance to allow the installation of a sewage disposal system to serve an existing two-bedroom dwelling. They also proposed to erect a second floor addition to the structure, which will remain two bedrooms. Chair David Breen read the Ryder and Wilcox letter of 2/11/02 requesting a single variance from Town of Wellfleet BOH Regulation 00601 into the record. Mr. Ryder noted that the system has been located 100Ryder supplied a water quality report which indicated that the water tested satisfactory. He added that the system is a straightforward Title 5 with a leach field around which he is proposing a polyliner. Lezli Rowell voiced concern over the plan for the second floor addition, stating that even though the plan was deed-restricted, she wished to have a condition of approval to have any increase of habitable area be taken back to the BOH for review. She further stated that she would approve the septic system but not the addition. Discussion of the building plan followed, including the possibility of conversion of open floor areas that increases number of bedrooms even with deed restriction, the difficulty of attempting to monitor plans, the possibility of more open space with less privacy as a deterrent to additional bedroom space, and the fact that it is inappropriate for the BOH to judge ease of conversion. Karlson moved to approve Ryder and
Wilcox Plan #8334, dated 2/4/02, and to grant the variance requested in the letter from Ryder and Wilcox, dated 2/11/02, for the installation of a sewage disposal system and a second floor addition to the dwelling, subject to the following conditions:
1. There will be a deed restriction to two bedrooms.
2. Any change in the proposed floor plan shall be brought back to the Wellfleet Board of Health for approval.
Kimball seconded the motion; it passed unanimously, 4-0. Leslie Rowell ceded her recommendation for conditioning the plan for BOH approval of any future increase of habitable floor area.
2. David & Paula Schnare, 11 Railroad Avenue, Map 21, Parcel 79: (Leslie Rowell recused herself to avoid appearance of conflict of interest because of her husband David Rowellthe next meeting.
3. Laurence R. Berk, 180 Long Avenue, Wellfleet, Map 30, Parcel 127: (Lezli Rowell recused herself to avoid appearance of conflict of interest because of her husband David Rowelllot well away from the salt marsh. Health Agent Beebe commented that this is a straightforward, tidy plan for a difficult spot; she advised approval, commenting that Conservation Commission has already seen this plan. After discussion, it was decided that Mr. Lajoie would return to the next meeting with this proposal.
4. Alternative Technology System Monitoring: Mr. LaJoie discussed with the Board the Felco report (12/12/02) on sampling results for six Alternative Technology Systems in Wellfleet; he stated that these systems are at the end of their contracts, that they are generally not getting satisfactory nitrogen reduction, that they run the gamut from full to seasonal use, that least use tested best, and that the summer would give better, more complete results. The Board discussed the report. Ms. Beebe informed the Board that the county is gathering data on alternative systems from Cape towns; this will hopefully be helpful to the Board.
Other Business
1. Letter of support for proposed Health/Conservation Inspector position: Betty Kimball informed the Board that she had submitted a copy of her letter of support (2/13/02) for the proposed Health/Conservation Inspector position to the Finance Committee at their 2/2/602 meeting. She invited other members of the Board to offer written support to the position.
2. Minutes of February 13, 2002: The Board tabled consideration of these minutes until the meeting of 3/13/02.
3. EPA Phase Out CCA Wood: Health Agent Beebe distributed an article detailing the phasing out of pressure treated wood used for 4. Definition Needed: Prompted by the recent trip to inspect Pilgrim Springs Cottages, Betty Kimball pointed out that the Board needs to clearly define a site visit.
Geoffrey Karlson moved that the meeting adjourn at 10:10 p.m.; unanimously agreed.
Respectfully submitted,
_______________________________
Frances J. Castillo, Assistant to the Committee Secretary
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