Members Present: Mark Baker (Chair),
Ken Janson (Clerk), Duane Gregory, and David McLean.
Members Absent: Cynthia
Gast (excused).
Health Agent: Jane Evans Raasch.
Health Inspector: Patricia Pajaron.
AGENDA
Call
to order at 6:00 p.m.
Public Comments
There
were none.
Old Business
26 Alden Street – Request
for six-month extension of order to correct
Selectmen
Cheryl Andrews and Sarah Peake presented the case to the Board of Health (BoH). Cheryl stated the Selectmen want to do what is best for the town
and the property - either a compliant Title 5 or a sewer hookup. They are concerned with what is best for the
town with Phase 1 being closed and other properties possibly needing hookup. 26
Alden St. seems to have plenty of land so a Title 5 might be appropriate.
However, if there is available flow, then a municipal sewer hook-up might be
more appropriate. The selectmen are
waiting for further information from the Water & Sewer Team related to
actual town sewage flow and what may transpire into a Phase 1a.
Motion: Mark Baker moved to
grant a six (6) month extension to the Town of Provincetown to the Order to
Correct the failed septic systems located at 26 Alden Street provided the Town
enters into an Administrative Consent Order to either connect to the municipal
sewer system in Phase IA or Phase II or install a fully compliant Title 5
septic system. No betterment is to be
attached. Continued monitoring and
pumping of the failed septic systems is required to prevent any public health or
environmental hazard(s) until
the sewer hook-up or Title 5 installation takes place. Ken Janson seconded the
motion and it passed 4-0-0.
56 Shankpainter Road –
Feasibility report with Sewer Team
David
Guertin presented the DPW position. The
DEP has required that the sewer system be monitored for two years to determine
peak flow. The DEP has indicated that
they might be receptive to a single season peak flow figure. The DPW has been mandated by the selectmen to
pursue Phase II planning and increase permitting to the 575,000 GPD level. The DPW recognizes Shankpainter as prime
area for future sewer hookups. The DPW
currently cannot permit new hookups due to pressure to conclude Phase I – that
is, to provide final work orders to the sewer contractor and to conclude the
betterment process for Phase I. The DEP is requiring a flow analysis of the
current system before allowing additional hookups. For these reasons, the DPW
will not entertain the addition of the Grand Union to the system in Phase I.
The
Grand Union representative stated that the G.U. is not trying to advert the
installation of a septic system. While
it is widely recognized that the G.U. is an ideal candidate for a sewer hookup,
it will proceed with a Title 5 system as ordered by the Board of Health.
18 West Vine Street – Appeal
health agent’s decision
Mark Kinnane presented the plan review for
renovations. Jane believes that a
change of flow would result from the proposed renovation design in that it has
the potential to create a third bedroom.
Mr. Kinnane stated that the property was previously permitted to remove
a bathroom and build one in the studio.
This was never completed. Mark Baker reviewed the addition of dormers, a
connecting hallway and bathroom with a sink and toilet. The Board’s sense was that it is looking a
lot like a bedroom in that it has privacy and connection to a bathroom. The Board has to think about what future
owners might do with this space.
Motion: Duane Gregory made a
motion to uphold the Health Agents decision that the proposed plans would
create an increase in septic flow and that this would require the applicant to
go through Growth Management. Ken
Janson seconded the motion and it passed 4-0-0.
New Business
5 Cottage Street – Re-application for previously granted Title 5 variances
Duane Gregory recused herself due to a conflict of interest. Ken Janson disclosed that he is a direct abutter. Applicant approved his remaining on the case to provide a quorum.
Donna
Prada represented the estate of Florence Corea and asked the Board to
re-approve the previously approved plans of April 1997. There have been no changes to the structure.
Motion: Ken Jansen moved to re-approve the variances requested for the proposed septic system as shown on plan #P-97-1245B and dated April 1997. David McLean seconded the motion and it passed 3-0-0.
25 Watson’s Court – Request for approval of Title 5 Variances
Martin Donoghue of Coastal Engineering represented the owner and stated that this was a sewage system upgrade of the septic tank, pump and soil absorption system. The requested variances were reviewed. A reserve area is not provided; should it need repair, the system would be re-constructed in-place. Jane Raasch requests that an alarm be installed on a separate circuit visible from both buildings, a deed restriction of three bedrooms be placed on the property, and the owner installs low flow fixtures.
Motion: David McLean moved that the variances be approved for septic system
design plan C16487 with the following conditions: (1) A deed restriction be recorded limiting the number of
bedrooms to three, (2) Low flow
plumbing fixtures are to be installed, and
(3) The septic system design plan be revised to show that an audio and
visual alarm be installed in a location visible from both dwelling units. Duane Gregory seconded the motion and it
passed 4-0-0.
4 Anthony Street – Show cause hearing for failure to comply with Order to connect to the
sewer
Duane
Gregory stepped down due to a financial conflict. Cheryl Martinez, a broker for
John Enos (the seller), presented. She apologized for Mr. Enos’ not responding
as quickly as he should have. The property is now under agreement to sell and
the new owners have agreed to hook up to the sewer system.
Motion: Mark Baker moved
that the owner of the property at 4 Anthony Street must enter into an agreement
with a licensed contractor to provide a connection to the municipal sewer
system. A copy of the signed contract
must be submitted to the Health Department within seven (7) days. The connection must be completed within
thirty (30) days from January 8, 2004.
Ken Janson seconded the motion and it passed 3-0-0.
Approval of Emergency
Meeting Minutes for December 15, 2003
Motion: David McLean move to accept; the motion was seconded by Duane Gregory; and the motion passed 3-0-1 (KJ).
Any other business
552 Commercial Street: Bob Starmer, the owner,
asked the Board to consider allowing him to remove one bedroom from the
downstairs and replace it upstairs. Jane agreed stating that there would be no
increase in flow or bedroom count. The current system is a Title 5. By
consensus the Board agreed to allow the Health Agent to sign off on this
property.
Sewer system hookups for
restaurants mandated to have grease traps: The Board was concerned that the Health
Department might not be informed if a restaurant was not pumping their grease
traps as required. Jane Raasch assured the Board that the department does get
pumping records and will know if someone is not pumping.
Health Agent’s and Health
Inspector’s Reports
Jane Raasch: Jane asked Mark Baker to sign the Phase II ACO for Conrad
Malicoat’s property. He did so. 20 Aunt Sukey’s Way had a septic overflow. Jane could not get hold of the owners and
therefore called to have Jimmy Roderick pump the system. She then issued an
order to correct. 942 Commercial has an illegal dwelling unit created in the basement. The Building Inspector has sent a
letter. The illegal dwelling will need
to be removed since the property has a cesspool and cannot increase its flow
because it cannot fit a compliant, non-varianced septic system. The damage to Ciro
Cozzi’s property was discussed. Meads Brothers never pulled a sewer connection
permit, nor did Wayne Perry ever inspect the hook-up that Meads Brothers did.
Patricia Pajaron: 130A Commercial Street,
Unit 4 has been deemed unfit for habitation; the owner will correct. The DRM is
working with the contractor who has pulled a permit.
179
Commercial Street, Unit 3: Is still deemed unfit for habitation, but is nearing
completion of the clean-up. Du Tran’s restaurant at the same location is
compliant and has been re-opened. 467 Commercial Street: Mr. Bryant’s junkyard
and stone wall was discussed yet again.
Nothing has been moved. Will
begin ticketing daily. Will also write
the DEP. Patricia noted that the Board has received a copy of the 2003 Health
Departments’ Activities. She also suggests that the Board revise its nuisance
regulations; she will work on this and report to the Board in the future.
Motion: Duane Gregory moved to
adjourn the meeting at 7:38 PM, David McLean seconded the motion, and it passed
4-0-0.
Respectfully
submitted,
Gordon
Vinther
Recording
Secretary
Approved by ____________________________on
______________, 2003.
Mark W. Baker, Chair