Areas of rotted wood and mildewed surfaces around plumbing fixtures, and permeable surfaces around plumbing fixtures in units 1, 2, 5, 6,7, 9, 10 and 14 to be replaced as to be structurally sound to the Building InspectorPlumbing fixtures and pipes repaired or replaced to function appropriately, w/o leakage such as has caused moisture damage, to the satisfaction of the Plumbing Inspector.
Interior and exterior doors, sliders and screens, decks, handrails and stairs repaired or replaced as necessary especially for units 6, 8, 9 and 12; egress safety provided for all units to the satisfaction of the Building Inspector.
Satisfactory electrical inspection.
Satisfactory housing inspection to address BOH orders for correction.
Each individual cottage must pass inspection by the Health Agent and the Inspector of Buildings.
Repairs to the water system must be completely implemented and inspected.
Betty Kimball seconded. From the floor, Jeff Stewart of the ZBA called for a point of order stating that the BOH must vacate consideration of Ms. Paine's condo conversion before it could approve the motion concerning the cottage colony. Ms. Beebe disagreed, commenting that the condo question requires more and different considerations; Peterson disagreed, stating that Ms. Paine is under no obligation for condo conversion; Asmann disagreed, saying that a cottage colony is a different use from condominiums. Chair Breen called for the vote; motion was passed, 4-1.
2. Robert J. Martin II Appeal, Request for approval of septic installer's license: Attorney Benjamin Zehnder again represented Mr. Martin (see minutes of 4/10/02) in his request. Health Agent Beebe explained the need to negotiate terms so that Bobby Martin and she do not have future trouble communicating. She and Zehnder have consulted and propose that Mr. Martin's license will be suspended until after Labor Day, at which time he will be allowed to pull permits for the applications which he will be allowed to file in the Health Department office after August 1. Mr. Martin alone will be allowed to sign off on "as built" cards, and he will be directly responsible for any work done in Wellfleet under his license. To
begin the license procedure in September, he will be required to take and pass before that time the installers' examination given to non-lower-Cape installers.
Zehnder confirmed that this plan was satisfactory to Mr. Martin, that he would be able to begin business after 9/3/02 on applications submitted after 8/1/02.
Betty Kimball asked for a letter of guarantee of the conditions detailed by Ms. Beebe. Zehnder confirmed that after the minutes are written these conditions would appear on the granting of permit.
Lezli Rowell distributed a written sheet of prepared conditions which she stated followed Ms. Beebe's recommendations and also contained a quarterly licensing procedure.
Geoffrey Karlson asked Mr. Zehnder's opinion of letters written from Mr. Judge (an original complainant against Mr. Martin) and his daughter. Karlson stated his concern about the parallel issues of lack of communication and lack of responsiveness between Mr. Martin and Mr. Judge and between Mr. Martin and the Health Agent. He cited as example a fire in Judge's house caused by Martin's employee's careless handling of an electrical conduit.
Chair David Breen mentioned a "pattern" in Mr. Martin's dealing with problems, including a show-cause hearing in Provincetown. He felt that this pattern was of concern to the BOH not because of the punitive element but to achieve compliance with regulations.
Karlson stated his opinion that Bobby Martin needed to improve his business practices and ethics in dealing with the community; commenting that Martin needed to demonstrate good faith, Karlson proposed that Martin take a minimum of two college level courses, one in small business management and one in business ethics, as a condition of receiving his license.
Zehnder asserted that in the above suggestions the Board was stepping outside of its field, that they have never discussed ethical problems, but problems with one individual and his communications with the Health Agent. He further stated that he would like to keep this discussion in the framework in which it had been presented. Upon Breen's reply that the Board was not out to "pilloryize" his client but that the concern was about the town of Wellfleet, Zehnder replied that while Mr. Martin's problems with installation do affect the Board, his sloppy business practices do not. Mr. Martin stated that his insurance covered all damages to the Judge house from the fire.
Kimball reiterated her desire that a written guarantee listing all conditions be produced.
Zel Levin did not agree with the condition of Mr. Martin's taking classwork, stating that this was outside of the scope of the Board's business.
Rowell discussed her written set of conditions. Zehnder disagreed with the condition that Martin be on site and supervising work at all times and with the necessity for quarterly licensing; he pointed out that the Health Agent can hold a show-cause hearing at any time. Ms. Beebe, in commenting on the "on site at all times" provision, stated that Martin knows he will be responsible for all work done. Rowell agreed to delete the "on site at all times" provision.
Rowell moved and Levin seconded approval of the reinstatement of Martin's septic installer's license with applications to be accepted from him after August 1, 2002 and permits to be issued to him after September 3, 2002; this approval and the subsequent retention of his license are contingent upon satisfaction of the following:
He must take and pass the Septic Installer's Exam by 9-1-02.
Any and all communications with the Health Department are to come from him, the licensee Mr. Robert Martin, Jr., only.
Any and all work performed in Wellfleet permitted by the Health Department is to be the direct responsibility of the licensee alone. This responsibility is not transferrable or to be delegated to any staff, family or other designee.
The Health Agent will monitor and report quarterly on his progress.
Any and all applications, documents, "as builts" or other filing with the Health Department are to be executed and signed by the licensee only.
3. The Lighthouse Restaurant, Status Report on Repair Installation/Revised Plans. At the request of Chair David Breen, John Schnaible of Coastal Engineering reviewed the process of approval of the septic system for the Lighthouse Restaurant. Owners Bob Derow and Joe Wanco were also present. Although the BOH had granted earlier approval of the original plan, it was not approved by the state DEP, which would not consider the FAST system for nitrogen credit. Coastal Engineering then considered other systems, a recirculating sand filter and Bioclere; they sent all specifications to Bioclere, which said it could satisfy their requirements. Schnaible stated that everything on this plan is the same as the earlier plan with the exception of 2
Bioclere elements instead of the FAST, the movement of the pump chamber, and the removal of the use of wholesale bakery. The setbacks are no closer, and the plans show all water supply systems nearby. The plan has been submitted to the state, and Schnaible commented that Christos Dimisioris of the DEP seemed satisfied with it, noting that the existing septic tank to be used was smaller than current Title 5 requirements. However, the leach field is the failed component. (Schnaible pointed out to him the possible use of a Zebel filter.)
Health Agent Beebe discussed the proposal, noting that a letter had already been prepared which, if the Board's opinion was favorable, could be sent to Mr. Dimisioris approving the project. She pointed out that use of town property must be extended and commented on a letter (of 4/30/02) received on the Lighthouse project from Amsler Associates. She added that this is a half-constructed septic system which should be completed.
Lezli Rowell stated that the Board should move ahead with this very quickly and expressed herself stunned that the DEP will not allow the use of the FAST system after it had approved it last year for use at the harbor.
Geoff Karlson asked the time frame for completion after DEP approval; Schnaible answered that, because of needing to have the Bioclere units made to order, he was hoping for the week after Memorial Day.
Karlson noted that Mr. Gruber (Amsler Associates letter) had expressed concern about construction going on into the season. Betty Kimball suggested a letter be sent to Mr. Gruber on the time frame for construction and inquired about pumping records on the tight tank.
Lezli Rowell moved, and Betty Kimball seconded, BOH approval of the Coastal Engineering Revised Septic Disposal System Plan of 5/2/02 contingent upon approval by the Department of Environmental Protection. The motion passed, 5-0. Karlson suggested that the BOH urge the Lighthouse get its system pumped as early in the morning as possible.
Variance Request, Douglas Sparrow, 90 Pond Avenue, Map 29, Parcel 395: David Lajoie of Felco Engineering was not present to present this request for four variances (Felco Job #01132, Letter dated 4/22/02) for installation of a new subsurface septic system. Betty Kimball questioned whether to continue without green cards for conditional approval. Mr. Sparrow explained the project: a perc test has been done; the proposal is to replace a 1000 gallon tank with a 1500 gallon tank, to put in a new leach field and raise it 1 to 2 feet, to use polyvinyl flashing alongside the leach field as a flow barrier, to replace the old Title 5 system with a current Title 5. Abutters Eleanor and Peter Santos were also present.
Health Agent Beebe stated that the plan represents an upgrade to allow an addition, that the plan (bedrooms on 1st & 2nd level and basement) had gone through the Conservation Commission, and that this is a variance request on an irregularly shaped lot with a boundary over the flood plain.
A discussion of the variance requested with the adjacent marshland followed; the lot is within 100 feet of the marsh.
Lezli Rowell suggested a continuance of the hearing until David Lajoie of Felco could be there to present the project.
Chair Breen asked the abutters their position; Mr. Santos stated his concern about the environmental effect on his land, on either side of the lot, and on the marsh. He also asked the definition of the words "best degree possible" (referring to environmental protection) in the Felco Letter of 4/22/02. Geoffrey Karlson commented that the BOH may require an alternative technology.
Lezli Rowell suggested that Mr. Sparrow should also take the building plans to the building department because of the basement bedrooms; Sparrow explained the windows and egress of the structure.
Geoffrey Karlson moved and Betty Kimball seconded a continuance of the hearing on the Sparrow property; passed unanimously, 5-0. The hearing should take place in two weeks on 5/22/02.
Old Business:
BOH's Inspection of Donald Horton's Storage Area: Lezli Rowell noted that the ZBA Special Permit has been held up waiting for the BOH decision in the matter of the storage facility. She moved that the Board of Health advise the Zoning Board of Appeals and the Building Inspector of approval of its special permit (re: Case 02-11:D.Horton), having made site inspection of the premises, finding ZBA condition #2 "Storage of hazardous material prohibited" to be adequate to meet BOH concerns, and reviewing the Zone 1 of abutting property "Even'tide" per condition #4, make the finding that no portion of the Even'tide's Zone 1 protective radius for its public water supply well is on or affected by the permitted uses and structures associated with the Horton
Special Permit. Betty Kimball seconded this motion. Health Agent Beebe commented that there should be no concern with hazardous material storage there, since Horton, as part of an ongoing investigation of a 21E Site 4, is well aware of the implications of storage of hazmats. The motion passed, 3-0-2.
Minutes: Lezli Rowell moved approval of the minutes of 3/2/7/02; Betty Kimball seconded; unanimously passed, 5-0. Rowell moved approval as amended of the minutes of 4/10/02; Geoffrey Karlson seconded; passed 4-0-1.
License Signing: The Board signed business licenses.
Environmental Partners: The Board discussed the recent presentation of progress on the municipal water system wells by Environmental Partners. Karlson asked whether Environmental Partners would be able to use the USGS information, which will not be available until Fall. Chair Breen stated that EP will rely on the USGS Mod-flo Model. Health Agent Beebe added that the site-screening will be environmental and that a couple of good candidates for the short list are Cole's Neck and Wellfleet-by-the-Sea. Some discussion of the privatization process followed.
The meeting was adjourned at 9:45 p.m.
Respectfully submitted,
_____________________________________
Frances J. Castillo, Assistant to the Committee Secretary
