Wellfleet Board of Health
Minutes of the Meeting of August 14, 2002
Senior Center, Long Pond Room
Present: David Breen, Chair; Betty Kimball, Lezli Rowell, Geoffrey Karlson, Zel Levin; Emily Beebe, Health Agent
Chair Breen convened the meeting at 7:00 p.m.
Public Hearing: Stable permit, and permit to keep fowl: Judy Tesson, 95 Howes Road, Assessor's Map 29, Parcel 271. Mrs. Tesson presented her application for animal permits for 2 horses and 30+ chickens and ducks; she stated that at present she owns only one horse but might at some future time either buy or care for another one. She further stated that she was aware that regulations called for ¾ of an acre to keep horses and that her lot was only ½ acre; she requested a variance for this regulation from the Board, which had conducted a site visit to inspect the property earlier that day. Health Agent Beebe distributed copies of a letter (dated 8/13/02) from Heinz and Monique Weinmann of 100 Aaron Rich Road, abutters of the Tessons, and a plot plan of
the Tesson land. Chair Breen read the Weinmann letter into the record; Ms. Beebe then read a letter (dated 8/9/02) from other abutters, Anita and Marvin Shapiro of 110 Aaron Rich Road. Both letters expressed concern over the project; the Shapiros cited "safety of drinking water, animal waste and noise levels" as issues.
Beebe noted that the Weinmanns have visited the Health Office several times with complaints about the animals and that during a visit last May they had stated that the situation had improved. She added that Hilary Greenberg, the summer sanitarian, has visited the property to investigate and found no flies, manure, etc. and that the chicken coop had been moved (as earlier suggested). Beebe thought that the Weinmann's request for a ceiling number on the fowl and ducks was reasonable and stated the need for clarification of the number of horses. She added that she saw no problem with this request, that a permit is an ongoing thing, and that it is obvious that the horse is being cared for. She suggested that sight issues could be changed to please the neighbors and
noted that the conservation land to the west and the fencing around the property are both good points.
Geoffrey Karlson noted that if the Board were to approve the permit, it must identify the mitigating factors: the Conservation Trust property behind the lot and the adjoining, unbuilt-upon property. He suggested moving the horse stable away from the neighbors toward the conservation land, which Mrs. Tesson stated was her husband's original plan. Karlson suggested that a time limit be placed on the stable move and that a maximum limit should be placed on the number of fowls.
Lezli Rowell voiced approval for the permit, since she felt that Wellfleet has a primarily rural character; commenting on the complaints of odor and pest control, she stated that she noticed no odor during the site inspection and that chickens provide pest control. She viewed the lot as a pre-existing ¾ acre (with ¼ taken for a road) and would allow the Tessons to keep up to 2 horses and 40 fowls. She concluded that her tendency would be to approve the request "as is"; if the BOH required the Tessons to move the shed, she recommended giving them 2 years to do so because of the regulatory hurdles ahead.
Zel Levin stated that he approved, commenting that the Health Agent was in favor of granting the permit and he sensed more approval than disapproval from the board. He questioned the numbers of animals; Tesson explained that she had requested 30+ chickens because laying hens were purchased in "2-dozen lots" and there sometimes was some overlap with older hens and the ducks. She added that their existing horse was a blind, 22-year-old quarter horse and that her daughter's riding instructor has a horse which they might either someday buy or care for; therefore, they wanted to allow for this other animal.
Betty Kimball agreed with many of the earlier comments. She added that she had concerns about potential health problems (i.e.,West Nile fever) and cautioned that any dead chickens should be reported. She also commented upon the family going barefoot and inquired about tetanus shots; Mrs. Tesson affirmed that the family's shots were current and stated that her daughter wears boots when mucking stalls. Mrs. Kimball approved the application and suggested a letter to abutters detailing the Board's findings.
Chair Breen noted that this permit process had started with the Health Agent's letter to Laurie Smith in January 2002; he added that he believed such approval has been granted in the past. Karlson pointed out that if this were a new application, the Board would have input into the siting of the stable and could examine the lot and suggest locations to diminish impact. He added that since this use is not sanctioned by the regulations, it would be a reasonable compromise to require the paddock and stable moved from the fence to the corner of the lot away from the abutters and suggested a 1½ year time limit. Mrs. Tesson felt that this was acceptable and would be financially feasible in 1½ years.
Karlson moved to approve the request for a variance to Board of Health regulations #900 - 904 to grant the Tessons a permit allowing them to keep a maximum of two horses and forty domestic fowl with the condition that the paddock and stable be moved to the northwest corner of their property within 1 ½ years. He noted that the Board's decision was based upon the following findings:
The northwest boundary adjoins conservation land (Map 29, Parcel 282) which affords open space to the entire neighborhood.
The property appears to have originally been a conforming lot in preceding use, a portion of which was taken by the town for the existing cul-de-sac.
The petitioner has agreed to mitigate the impact on abutters by relocating the horse stable and paddock within the prescribed time frame.
The Board has observed best managementpractices for pest control and manure removal.
A fence separates abutting properties.
Zel Levin seconded the motion, which passed unanimously, 5-0.
Variance Request: Gordon, 69 Springbrook Road, Assessor's Map 47, Parcel 37: Proposed upgrade pursuant to transfer of deed. Chris Wickson from East Cape Engineering, supported by Timothy Brady, presented this request for septic upgrade. Chair Breen read into the record both East Cape's letter of 8/2/02 and further letter of 8/14/02, regarding the revised plan. The second letter stated that it has been established that the existing well is located further from the leaching system than the earlier plan had shown; therefore, East Cape requested that the Board allow the existing well to be used. Distributing a revised plan, Wickson explained that it showed the existing well rather than the proposed new well; he felt that the 4 foot difference between the
two wells' location from the leaching system (91 feet for the existing well as compared to the 95 feet of the proposed new well) did not make much difference environmentally.
Betty Kimball stated that the proposal was traditional and asked the kind of wood to be used in the wood tie retaining wall. Wickson replied the kind did not matter as long as the wall was of the proper height. To her question concerning "imported fill," he answered that it would be coarse medium washed sand. Mrs. Kimball stated that there should be a deed restriction limiting the house to two bedrooms.
Lezli Rowell added that one of the conditions should be the avoidance of use of pressure-treated lumber. Brady commented that the prospective buyer might not want to use wood at all. Rowell recommended a deed restriction to two bedrooms and that any proposal for additional square footage be returned to the BOH for design flow review.
Geoff Karlson asked alternatives to pressure-treated lumber; Brady listed cedar, more expensive African hardwoods, cement blocks, poured concrete, white plastic sheet pilings. Karlson stated that he would support not using CCA treated lumber.
Lezli Rowell moved that the Board approve East Cape Engineering's Plan 02-118 with the following conditions:
There is to be no further increase in the number of bedrooms
This condition is to be recorded against the deed for the property at the Registry in Barnstable
There is to be a restriction that any proposal for change of square footage will be brought to the Board of Health for approval
Lumber treated with CCA is not to be used in construction of the mounted septic system.
Betty Kimball seconded the motion; it passed unanimously, 5-0.
Variance Request: Knies, 45 E Street (Lt. Island), Assessor's Map 40, Parcel 35. A continuance of this hearing to the 8/28 meeting has been requested and granted.
Licensing: Browning Ferris Industries (BFI). In a letter of 7/16/02, BFI has requested reinstatement of its dumping privileges at the Wellfleet Transfer Station. These privileges were suspended early last year because the company was tipping Truro and Provincetown garbage into the Wellfleet dump, increasing Wellfleet's tonnage for hauling into another price category and therefore costing the town more money. Health Agent Beebe explained to the Board that she has discussed the situation with Town Administrator Tim Smith, who agrees that it is not necessary to reinstate BFI's privileges at this time (when Wellfleet is approaching the ceiling of its tonnage for the most reasonable hauling fees).
Betty Kimball commented that she would have liked to talk with a BFI representative, but no one from the company had come to the meeting; she expressed herself happy to see their proposal denied.
Zel Levin noted that BFI's tipping practices seem to have been less than ethical and agreed that the BOH need not reinstate them.
Lezli Rowell added that it would be difficult to enforce a mandate that BFI tip only Wellfleet's trash into Wellfleet's dump.
Geoffrey Karlson commented that if a representative were here, he might say the BOH is keeping BFI out because Wellfleet is at it tonnage limit. He asked if BFI will ever be let back in and inquired about the criteria and time frame involved.
Zel Levin suggested levying a fine based on an estimate of what BFI has cost the town.
Betty Kimball added that, knowing the history of BFI, the Board should invite all parties (BFI, DPW) to the table for discussion. Health Agent Beebe stated that this might take place when their license comes up for renewal, considering that the problem of tipping non-Wellfleet garbage has been ongoing.
Karlson reiterated that a policy for reinstatement and assurances on methods of compliance are needed not only for BFI but for any other company discovered committing the same illegal tipping. He moved that the BOH continue its consideration of the reinstatement of BFI's dumping privileges at the Wellfleet Transfer Station until January 1, 2003. Lezli Rowell seconded. Discussion touched upon the necessity for a policy for consideration of reinstatement of licensing; Chair Breen suggested that Ms. Beebe guide the Board in this. Betty Kimball added an amendment to the end of the motion: "by which time the Board recommends that all parties shall have sat down together for discussion of the suspension of BFI's dumping privileges."
Geoffrey Karlson suggested a letter be send to BFI asking how they could assure the BOH of their compliance; Lezli Rowell emphasized that the Board cannot base denying BFI a license on the fact that they caused tipping costs to go over budget but because they have been repeatedly caught violating tipping rules. The vote was called; it passed unanimously, 5-0.
Signing of Licenses. The Board signed licenses for the following businesses and organizations:
Harborside Village Cooperative Corporation
Maurice's Campground
Paul S. Daniel, Inc.
Friend of the Council on Aging
Molly's Mobile Massage
Health Agent's Report. Health Agent Beebe informed the Board that she and Beach Administrator Suzanne Thomas are investigating the impact of Jack's Boat Rentals, whose lease is coming up for renewal, on the environment of Gull Pond. Ms. Thomas plans to come to the August 28th meeting to talk with the Board about their findings. Geoff Karlson suggested that the Board conduct a site visit before the meeting; Beebe suggested that Ms. Thomas attend also; the site visit will be posted for the morning of the 8/28 meeting. Betty Kimball asked whether there were markers for Newcomb Hollow's beach pickup; Agent Beebe described the limits and explained that the beach cleanup is done by Friends of the Seashore and the Conservation Commission, who are
studying and recording the trash patterns, both sea and land patterns.
New Business. Chair Breen posed a number of discussion questions; other Board members added comments:
What is the status of the search for an Assistant to the Health/Conservation Agent? Ms. Beebe informed the Board that the search was continuing; candidates have been considered.
In the recent power failure at the marina, why did Captain Higgins shut down but Mac's Seafood continue without water? The Health Agent described her interview with Mr. Hay after the event, explaining that power surges briefly turned the lights on and made it possible to fill the sinks with water. Since there were no dishes to wash (paper and plastic are used) and hand washing in the sinks was possible, Mac's continued to serve the public. Ms. Beebe has asked to be contacted if this happens again so she can observe procedures.
In the role of the Chairperson, should Breen initiate an evaluation of the Health Agent?
Geoffrey Karlson suggested asking the Town Administrator the procedures by which the Town evaluates, adding a suggestion that the Board commend the Health Agent for doing a wonderful job with a small staff. He felt that the letters written by the BOH members to support Ms. Beebe's request for an assistant were an indication of the Board's approval of her.
Chair Breen felt that an evaluation should occur and asked the Board for advice.
Betty Kimball felt a letter commending Ms. Beebe should be written by the Board.
Lezli Rowell commented that the Board of Selectmen should ask the BOH to evaluate the Health Agent if they so desired.
Zel Levin, reminding the Board of its volunteer status and of the Health Agent's experience in her field, felt an evaluation process would spoil the camaraderie he observed at work here and would put the Health Agent "on trial." He added that if there were a problem, it should be worked out by discussion with the Health Agent or by taking it to the Town Adminstrator.
Breen, calling this request a philosophical item, asked for time to be set aside in a meeting for discussion of water problem philosophies. Ms. Beebe suggested the meeting of September 25.
Does Jesse Mahan LMT have a license to give massages? Ms. Beebe replied that Mahan had been given permission to give massages in Wellfleet before and that she would check that the license was current.
What is the status of the test for Mr. Martin by Brian Dudley? Mr. Beebe stated that she would check on this.
Chair Breen stated that he was contemplating doing nitrate studies.
Betty Kimball asked about the status of the Andre property.
Geoffrey Karlson moved to adjourn the meeting; Lezli Rowell seconded. The meeting was unanimously adjourned at 9:00 p.m.
Respectfully submitted,
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Frances J. Castillo, Assistant to the Committee Secretary
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