Public Meeting

June 19, 2003

 

6:00 p.m.

 

Members Present:          Mark Baker, Cynthia Gast, Duane Gregory, Kay Halle, and Ken Janson.

Member Absent:                 David McLean (excused)

Health Agent:                   Jane Evans Raasch and Sean O’Brien

Health Inspector:             Patricia Pajaron

 

The meeting was called to order at 6:00 p.m.

 

AGENDA

 

Public Comments:

There were several comments and they all concerned the Transfer Department’s proposed new rate schedule.

 

Stephen Roderick urged the Board of Health (BoH) to reconsider the newly proposed dump fees.  His plea was for the businesses as well as the condos, which would be negatively impacted by the increase.  Steve also said he had found out from the Board of Selectmen (BoS) that the fee increases had been discussed since January – and then – without notice, had been doubled. 

 

Debbie O’Grodny, a landscape firm owner, had much the same argument as Steve.  Her plea was a concern for her older patrons.  She also stated that most of her “dump stuff” was basically recyclable.

 

Mitchell Baker, another landscaper, said many of the customers he had were older native Provincetowners.  He cited the fees on the wharf that have jumped suddenly as another example of unfair price increases.  He became quite emotional about the “black gold” compost material his company was going to be charged extra for dumping.  Mitchell suggested that the system for recycling be refined to make the compost pay for itself.  Charge people for it instead of charging people for dumping it.  His final plea was to “make an effort.”

 

Sewer Connection Requests:

460 Commercial – Provincetown Art Association & Museum

Burton Wolfman and Chris McCarthy made their presentation to the BoH.  Burton led off by talking about a general restoration of the PAAM, which will be starting this fall.  For now, he continued, their two existing cesspools will continue to serve them.  Their current flow is 424 gallons per day (gpd) but the addition to the building planned for fall 2004 will increase the flow to 710 gpd.  A Title 5 upgrade for the entire addition would require a minimum setback variance for the SAS to the cellar wall, and therein lies the reason for the sewer hook-up request.  They would like to nail down the approval before the entire permitting process.

 

Jane Evans Raasch, the Health Agent, was asked for her input.  She said that it is within Phase 1 of the sewer and her recommendation would be to approve as “non-critical.”  Ken Janson said his concern was about the increase of 286 gpd.  Mark Baker told Ken the BoH’s concern was simply – at this time – to make a recommendation.

 

Motion:  Mark Baker made a motion to recommend to the Water & Sewer Board that PAAM be allowed to hook-up to the sewer with a non-critical stipulation.  Kay Halle seconded the motion and it passed 4-0-1 abstention (KJ).

 

49A Commercial Street

This concerns a cottage that sits directly behind 49 Commercial Street.  It was originally listed as an optional hook-up and it is not.  This should be changed from a green dot to a blue dot since the need is critical.  Wayne Perry agreed.  The flow is 440 gpd.

Motion:  Kay Halle made a motion to approve 49A Commercial Street changing from a green dot to a blue dot designation.  Ken Janson seconded the motion and it was approved 5-0-0.

 

10 Pearl Street

David Nicolau, a real estate agent, and Sean O’Brien, the County Health Agent, presented the case.  The property is surrounded by homes going into the sewer.  The system is now failed, needs a temporary “quick fix” now, there is no room for a Title 5, and therefore the need is critical. After a bit of discussion amongst the interested parties the following three motions were made.

1.      Motion:  Kay Halle made a motion to approve the request to hook-up with the stipulation of “critical.”  Cynthia Gast seconded the motion and it passed 5-0-0.

2.      Motion:  Kay Halle made a motion to approve a quick fix to repair the current septic failure.  Mark Baker seconded the motion and it, too, passed 5-0-0.

3.      Motion:  Kay Halle made a motion that, pending approval by the Water & Sewer Board for 10 Pearl Street to hook up to the sewer, it is to be hooked up within 30 days of the availability of sewer hook-up and no later than July 4, 2004.  Ken Janson seconded the motion and it passed 5-0-0. 

David Nicolau requested a letter detailing the motions regarding the property.  He was assured that as soon as the minutes are approved, he will receive a letter.

 

586 Commercial Street

Duane Gregory stepped down from this case.  Eric Dray, David Nicolau, and Sean O’Brien presented the case to the BoH.  The property was originally a green dot.  Eric Dray’s engineer came in and challenged the designation, thus the category for the property is asked to be changed from green dot to yellow dot.  (A system could be fit on the property with some variances.)  The next request was – How does the BoH see the property fitting into phase 1?  They were told that the final determination is made by the Water & Sewer Board and they are somewhere between “critical” and “non-critical.”  Jane recommends approving the hook-up with a “strongly advised” moniker.  The property has 21 bedrooms.

Again the three following motions are required:

1.      Motion:  Cynthia Gast made a motion to approve the transfer from green dot to yellow dot if they are approved by the Water & Sewer Board.  Ken Janson seconded the motion and it passed 4-0-0.

2.      Motion:  Cynthia Gast made a motion that – if they are approved by the Water & Sewer Board – they must be hooked up by no later than July 4, 2004.  Ken Janson seconded it and it was approved 4-0-0.

3.     Motion:  Mark Baker made a motion to recommend to the W&SB that this property be hooked up with a “strongly advised” designation.  Ken Janson seconded the motion and it passed 4-0-0.

 

253A Commercial Street

Alan Cabral, from Felco Engineering, and Ginny Binder, an architect, presented the case for the Hellers.  They have both been displaced from their homes and the Water & Sewer Board suggested that they come before the BoH.  Ginny contacted Alan to see about a system for their beach location and found that the only system that would be feasible would be a mounded system; she further stressed that the Hellers have been in the community since 1948.  Mark Baker said since the property can fit a Title 5 system with the capacity of 543 gallons/day flow, then the current 23 gpd flow could be increased. However, since the Title 5 would have to be mounded, on the harbor side, and the current system is a cesspool, then three of the BoH’s criteria for recommending sewer hook-up are met.

Motion:  Kay Halle made a motion stating that the BoH recommends to the Water and Sewer Board that this property be hooked up at an increase in allotted flow to 543 gallons/day, and be recommended with a “strongly advised” designation.  Mark Baker seconded the motion and it passed 5-0-0. 

 

501 Commercial Street

Sean O’Brien and Wayne Perry presented the case on behalf of Ice House Condominiums.  They are scheduled for 5K gallons/day usage.  Sean considers this complex critical as it has had many problems in the past, has a huge flow, and is very close to the seashore. The present Board of Directors are all in agreement and anxious to be allowed into the sewer system.

Motion:  Kay Halle made a motion to recommend to the Water & Sewer Board that the Ice House Condominiums be recommended for sewer hook-up with a “critical” designation.  Ken Janson seconded the motion and it passed 5-0-0.

Discussion

 

Motion:  Kay Halle made a motion to take the following two discussion items out of order and place them at the end of the meeting.  Duane Gregory seconded the motion and it was approved by all.

* Irrigation well regulations

* August meeting dates

Old Business - None

New Business

Erik Tuzinsky – New Temporary Tattoo Artist

His paper work is in order and he trained all winter on henna tattoos.  Douglas Freeman, the owner of the salon where he’ll be working, had many accolades for Erik.

Motion:  Duane Gregory made a motion to approve the license permit for Erik Tuzinsky.  Kay Halle seconded the motion with a reminder to Erik that he have clients read and sign the consent form and inform them about after care.  The motion passed 5-0-0.

Simon Lindsay Dickson- New Massage Therapist

Patricia Pajaron said he has his paper work in and he has had 498 hours (which is 2 hours shy of requirements) but has approximately 600 hours of reflexology training.  He has a position waiting at the Blu-Day Spa.  Patricia is waiting to hear from the Spa to find out how many people are currently licensed to work there.  The number of massage therapists allowed in any one massage space is five.  Thus, the motion:

Motion:  Kay Halle made a motion to grant the license with the condition that before he practices at Blu-Day, the Health Inspector makes sure that the therapists employed there are limited to 5.  Cynthia Gast seconded the motion and it passed 5-0-0.

David Burnie – New Septic Installer / Hauler License

Mr. Burnie appeared on his own behalf and said that he had been employed in the field for a number of years with a company and now decided to strike out on his own.  He felt installing septics in Provincetown was remote but he felt he had to be licensed to be able to make minor repairs and also to haul septage.  Jane E. R. felt it was unnecessary to hobble him with the same rules that apply to brand new installers.  She felt that lesser overseeing would be mandated based on his prior experience in the field.

1.      Motion:  Ken Janson made a motion to approve the septic installer’s license for David Burnie with the condition that the first two installations be reviewed at each stage by the Health Agent.  Kay Halle seconded the motion and it passed 5-0-0.

2.     Motion:  Kay Halle made a motion to approve the septic hauler license for David Burnie.  Cynthia Gast seconded the motion and it passed 5-0-0.

12 Aunt Sukey’s Way – Douglas Freeman/New massage business/home occupation

Douglas Freeman, the applicant, requested that his application be withdrawn without prejudice.

Shelly Cullen – Aquarium Mall, 205 Commercial St./Kettle corn popping cart

Ms. Cullen presented the plan herself as well as verbal agreements from immediate abutting shops.  She has also been given permission to clean up her equipment at the Lagniappe Café.  Pat Pajaron recommended approval. 

Motion:  Kay Halle made a motion to approve the kettle corn popping cart; Cynthia Gast seconded the motion and it passed 5-0-0.

16 Conwell Street – Title 5 variances

Duane Gregory stepped down from the case.  Jason Ellis presented the case and said the building is an existing 5-bedroom dwelling.  There is an existing 1K-gallon tank in the ground.  Jimmy Roderick inspected it and it has failed.  Jane recommended approval.

Motion:  Kay Halle made a motion to approve the plan dated May 22, 2003 for this property and to mandate a deed restriction for 5 bedrooms.  Cynthia Gast seconded the motion and it passed 4-0-0.

 

Discussion:

Irrigation well regulations

Mark Baker complemented Jane, the Health Agent, for her work on the regulations.  The Board felt she had pulled them together very well.  The only comment was that under Article 2, Section 2 – set fees at $45. These will be advertised for two weeks and then set for a Public Hearing.

 

August meeting dates:

The new meeting dates after the cancellation of July 3rd are July 10 and 24.

August 24th has been cancelled due to conflict with Carnival and August 14 is in its stead.

Any other business that shall properly come before the Board

Mark Baker told the Board that the Zoning Board of Appeals is now overseeing the Chris Townsend request for seating for his restaurant and it looks as though it will become a Growth Management issue.

 

Mark also suggested that the next BoH meeting on June 26th will probably be a heated one since the transfer station increases will be reviewed at a Public Hearing.  There was a bit of discussion from the Board and the issue will be well thought out before the next meeting.

 

Cynthia Gast said she would not be available for the meeting on June 26th. 

 

Health Agent’s and Health Inspector’s Reports

 

Jane Evans Raasch said that Peter Paige called her to inform her that all materials needed are on site at 8 Commodore Avenue.  He promised an occupancy permit by the next meeting – but he probably doesn’t realize the next meeting will be in one short week.

 

Jane then told the Board about the tremendous workload the Health Department is laboring under.  She is overseeing the FOG program (as in Fats, Oil, and Grease) and evaluating red dot delays, and a myriad of other problems.  Also she and Patricia are trying to cross-train each other so that an absence wouldn’t be monumental – but – given the current workload – the day isn’t long enough. 

 

Patricia Pajaron updated the Board on the undrained pool on a property off Cemetery Road.  The threat of mosquitoes hatching has now become a reality and the pool is swarming with mosquitoes.  Pat has called Cape Cod Mosquito Control and they are coming with pellets that they toss into the pool from afar.  It is not injurious to other aquatic life, which is a concern because there are also frogs living in the stagnant pool.

 

Patricia will be on vacation starting next Thursday. She is the only person who can quarantine an animal in the event of a dog bite.  It was thought that perhaps Ruth Ann Cowing, the dog officer, might also be named as a person who could do this.

 

Klara Mueller shut off the electricity to one of her tenants.  Excuse:  “the power must have failed due to mice.” Patricia rectified the situation.

 

George Bryant update – Patricia had long discussions with long suffering neighbors of his.  Patricia feels rather than taking him to court and costing the town yet more money, it might be best to just suggest a bigger and better fence to hide the unsightly collection.

Board Members’ Statements

 

Ken Janson – nothing.

 

Kay Halle – Has Chasers @293 Commercial Street reduced their seats?  Answer was yes.  There was also a citizen’s complaint about 309 Bradford Street.  Patricia told Kay that Subway had been inspected that very day and everything seems to be in order.

 

Mark Baker, Duane Gregory, and Cynthia Gast – nothing to add.

 

Motion and vote to adjourn came at  8:08 p.m.

 

Respectfully submitted,                              

Evelyn Rogers Gaudiano

 

Approved by

 

_______________________________________on July 4, 2003.

Mark W. Baker, Chair