Board
of Health
Public
Hearing Minutes
Thursday January 22,
2004
6:00 pm
Members Present: Mark Baker, Duane Gregory, Ken Janson, and David McLean
Members Absent: Cynthia Gast (excused absence)
Health Agent: Jane Evans Raasch (excused absence)
Health Inspector: Patricia Pajaron
The meeting was called to order at 6:00 pm
None
None
Nat Hammatt from Architects Studio presented the plans to the board. He is proposing a small addition onto an existing home that has 2 bedrooms upstairs and one bedroom downstairs. Mark Baker stated the property is allowed 330 gallons/day and is on the municipal sewer system. The proposed studio addition with no flow was recommended for approval by Jane Evans Raasch.
Motion: Duane Gregory moved that the Health Agent be
allowed to sign off on the plans presented for 604 Commercial St. David McLean seconded the motion and it was passed
unanimously. 4-0-0
Sasha Richter, who is the beneficiary of the family trust including this property, presented the plans to the board. The property is 10,026 sq.ft, has a preexisting one family dwelling with 6 bedrooms and is on the public sewer system. He is proposing to take 2 bedrooms from the existing main house by removing walls and closets on the first floor to create a living room and remove a wall on the second floor to convert 2 bedrooms into a master suite. He then plans to create a new building on the property to include 2 bedrooms and a studio. The new building will be on pilings and has already been approved by the Conservation Committee and is in process with the Historic Committee.
Mark Baker and the board raised the question about having a bath in the studio that would increase the flow of the property. After discussion, an incinerator toilet was suggested as the best option as it doesn’t use water flow and accomplishes the bath needs.
Duane Gregory expressed concern that the studio could be converted into a bedroom as it was 500 sq. ft and qualified by bedroom definitions; the board agreed. After discussion and defense of the studio use by Sasha Richter, all agreed that removing another bedroom from the main house would compensate for the size of the studio and still stay within set limits of the property. Mark Baker made a recommendation to Mr. Richtar to work with the Health Agent and designer to eliminate an additional bedroom in the main house so even if the studio was converted into a bedroom at some point in the future, the property would still remain legal, described then as either a 5-bedroom/1-studio or 6-bedroom property.
Both Ken Janson and Mark Baker agreed that a deed restriction on the property seems necessary, contradictory to what Jane Evans Raasch stated previously.
Erin Silva, wife of site contractor Daniel Silva, spoke on behalf of the property owners who are out of state. Erin Silva stated her understanding of the Health Agent’s denial was because a storage space looked like a bedroom. She explained that it was a dual storage and home office space, which included a gas fireplace for area heating.
Mark Baker stated that the Health Agent’s recommendation was to require the property to go through Growth Management and inspect the septic system to see first if it was functioning, then if the SAS could be increased to sustain an increased flow of 110 gallons/day to accommodate the increased flow of what she considered a new bedroom. This all would have to be done without a variance.
Duane Gregory noted on the property that a basement room has the potential to be changed into a living space on the grounds that the ceiling height and egress window disqualify it as bedroom space, therefore making it possible to bypass Growth Management. The board recommended continuing this case and suggested a walk through be conducted by the contractor, Building Inspector and Heath Agent together to confirm the status of the basement room – bedroom vs. office/storage space.
Pat Pajaron had correspondence with the property owners, Mr. & Mrs. Jose DeBarros, and found they were following the order to correct the failure by having design and installation started within 60 days. She said Mrs. DeBarros had contacted Felco to do the system design, and had received a copy of the contract. Mrs. DeBarros also understood the order to monitor the system and pump as needed until the new system is installed and functioning.
Motion: Mark Baker moved that the Board of Health uphold
the Heath Agent’s order to correct the failure, including monitoring and
pumping of the failed septic system, and the design and installation of a new
compliant Title 5 system. Ken Janson seconded the motion and it was passed
unanimously. 4-0-0
Len Avery stated to the board that he was hoping to obtain a license from the board and answer any questions they may have. The Health Agent had suggested approval of the license with the terms that he would have the Health Agent supervise the first two installations by having Jane witness the installation of the septic tank and do a final inspection after the leaching area was complete.
Motion: David McLean moved to approve the Septic System
Installer License of L.V.A. Construction in accordance with the terms set forth
by the Health Agent: that is, the Health Agent is to supervise the first two
installations by having her witness the installation of the septic tank and do
a final inspection after the leaching area was complete. The contractor is
responsible for contacting the Health Agent at the two appropriate times for
each installation and will not proceed without the Health Agent’s explicit
permission. Ken Janson seconded the motion and it was passed unanimously. 4-0-0
Duane Gregory introduced Dan Brown to the board; she has suggested to him that he apply as an alternate for the BoH.
This topic was passed on, as Jon Gilmore was absent.
Duane Gregory presented this important issue. She drafted specific definitions by adding to the already set Title 5 language. She combined existing building code language to prevent the restriction of finishing basements, and included a definition of lofts. The board discussed the language in the document and all agreed that the specific wording, combined with Title 5 definitions, was a good basis for the board’s proposed changes. The Health Agent will be brought into the discussion at the next BoH meeting.
ANY
OTHER BUSINESS THAT SHALL PROPERY COME BEFORE THE BOARD
Mark Baker brought up a document summarizing the permitting issues currently under discussion for the SS Provincia Yachting Club - i.e., the tanker on Fisherman’s Pier - and outlined that the owners have intentions of developing it for restaurant/catering use. The board agreed through discussion that this matter applies to many boards and details on the property owners’ intentions and the applicable codes needed to be prepared for review.
Mark Baker raised awareness to a letter received from Billy Rogers that stated he “is no longer the engineer of the Race Point Residence – Lot 17 project on Bradford St Ext.” This letter seems to raise alert to why he left the project and if there may be any implied future involvement of the Board of Health.
Motion made by Duane Gregory: Approve meeting minutes of December 18, 2003.
David McLean seconded the motion and it passed unanimously 3-0-1 (KJ).
Motion made by Ken Janson: Approve meeting minutes of January 8, 2004.
Duane Gregory
seconded the motion and it passed unanimously 4-0-0.
Both minutes were signed by Mark Baker and would be passed onto the Town Clerk.
Health Inspector – Pat Pajaron stated that Robert Our was contracted to do the Grand Union Septic Installation and would meet with Grand Union on January 23.
The update on 467 Commercial Street was that the property owner moved the fence closer to Angel Foods to cover up the pile of rocks that he had contended was a New England rock wall. However Pat is working on a letter to the DEP on the junkyard status. Mark Baker questioned weather he was allowed to encroach upon Angel Foods’ property – are the properties one and the same or separate? Pat would follow up with the DCD.
Mark Baker – none
David McLean – Inquired as to who regulates MSDS’s and if it was possible to have the Fire Department keep a copy of these for the businesses in town that use hazardous materials to alert firemen as to possible dangers in case there was ever a fire. Mark Baker suggested to add this as a topic for discussion for the next agenda and to invite the Fire Chief to comment on the discussion – either in person or via a written communication.
Motion: Mark Baker moved to adjourn the Board of Health meeting at 7:11 pm. David McLean seconded the motion and it was passed unanimously. 4-0-0
The meeting was adjourned at 7:11pm.
Respectfully Submitted,
Alison Boutin
Mark W. Baker, Chair