Public Hearing
Thursday February 12,
2004
6:00 pm
Members Present: Mark Baker, Duane Gregory, and Ken Janson,
Members Absent: Cynthia Gast (excused) and David McLean (excused)
Health Agent: Jane Evans Raasch (excused absence)
Health Inspector: Patricia Pajaron (excused absence)
The meeting was called to order at 6:00 pm
Debbie Agronick representing the Landscapers of Provincetown reminded the committee that in September of 2003 they had deemed to get a working group together to make recommendations and/or compromises on the landfill fees and wants to request that a working group meeting is set to discuss these issues. Mark Baker stated that the Board will make contacts and form a group.
Old Business
20 Conwell Street –
Appeal Health Agent’s Decision
Daniel Silva was present and stated that he had met with the Health Agent on the site where they found that the window in question does not fit codes to allow a bedroom in that space. The board agreed that an amendment should be made to the decision and a deed restriction should be added so that the space can never be used as a bedroom under code.
Motion made by Duane Gregory: Allow finished basement of 20 Conwell #C (3) to remain providing the owner records a deed restriction to keep 2 bedrooms and not expand the living space.
Ken Janson seconded the motion and it passed 3/0/0.
New Business
3 Atlantic Ave – Plan
Review
Roger Hoit, A.I.A. property architect and Arthur Hagopain, property owner were present. Mr. Hoit explained that the intention of the renovations is to fix the structural problems with the caving roof in the “L” junction of the attic behind the bathroom. The footprint will not change, however he is raising the plate of the house 2.5 feet and reducing the number of rooms in the house by 1. He will remove a wall between the bedrooms on the second floor to create a master bedroom with more open space and sitting room. The existing septic system is a single cesspool on the property that has an A+ condition rating. The property is proposed to be apart of the Phase II wastewater treatment plan, which they hope to become apart of and use to support their water usage and flow.
Mark Baker pointed out that the proposed renovation would be over $50,000, which triggers a Board of Health automatic upgrade to a Title 5 septic system, regardless of how soon the proposed Phase II wastewater treatment plan is estimated to take effect.
Jane Evans-Raasch stated that she is not concerned with the increase in use, moreover that the existing single cesspool is undersized as it is and will be even more so for the proposed use. She emphasized there is no current Phase II District at this time and cannot make approvals based on potential future development. She recommended requiring the installation of the Title 5 septic system.
The board continued to discuss and define the number of bedrooms and flow of the proposed plan, while Duane Gregory pointed out a necessary change in a second floor door opening from 4 feet to 6 feet to ensure the space does not develop into a closed off bedroom in the future.
Roger Hoit suggested if he obtains a septic renovation contract from Felco with cost projections, would that allow renovations on the roof to start, knowing that an Occupancy Statement cannot be given until the septic work is finished. The board agreed with this suggestion. Both parties continued suggesting ideas for proper septic allotments on the property including hookup to Phase I, or a tight tank.
Motion made by Duane Gregory to allow the proposed plan to continue and the Health Agent to sign the permit as long as the 6 foot doorway is created on the second floor and the approval gets administrative consent with the town provided the existing cesspool provides no threat to public heath.
There was no second, the motion died.
Motion made by Ken Janson: Approve proposed plans to 3
Atlantic Ave provided a deed restriction limit the property to 3 bedrooms, the
6 foot doorway is created on the second floor and the current cesspool is
upgraded to Title 5 septic system.
Mark Baker seconded the motion and it passed 2/1/0.
Paul DeRuyter and John DeSouza representing. Mr DeRuyter explained that the proposed renovations were for the interior of the property and the Historic Committee had already approved the plans, they were reconfiguring the existing space and not adding bedrooms or flow, also the property was on the sewer system.
Jane Evans-Raasch stated she had no problems with the plans, and that she recommended a deed restriction of 4 bedrooms for the whole property.
Duane Gregory added they would need an adjustment to their sewer usages, and that they may want to add a deed restriction to the existing 980 square feet of retail space.
Ken Janson noted that the plans needed to be changed to reflect an open space on the first floor, to which Paul DeRuyter agreed.
Motion made by Duane Gregory: Approve the plans presented given the addition of a deed restriction of 4 bedrooms and 980 square feet of retail space.
Ken Janson seconded the motion and it passed 3/0/0.
John DeSouza spoke on the property and explained that they propose to change an existing cabin from a two 1-bedroom space to a one 2-bedroom space.
Jane Evans-Raasch had no issues with the plan and suggested a deed restriction of 2 bedrooms to the second dwelling unit known as the cottage behind 587 Commercial Street.
Motion made by Ken Janson: Approve the plans for 587 Commercial Street cottage with the stipulation for a deed restriction on that building for 2 bedrooms.
Duane Gregory seconded the motion and it passed 3/0/0.
The board discussed at length the topic of defining a bedroom, specifically a sleeping loft. Duane Gregory emphasized the need for specific definition so that the regulations imposed by the board stayed consistent and did not conflict with state building, safety or health regulations. Ken Janson noted that the proposed definition declared that 95% of the sleeping lofts in Provincetown would not be considered bedrooms. Everyone agreed that requiring a 3-foot railing or knee wall on a loft would qualify as a bedroom. The loft, bedroom, and dining area definitions will be refined by Jane Evans-Raasch and Duane Gregory to be presented to the public at a Public hearing.
The topic was acknowledged by the board and will be worked on in the future when David McLean is present.
The Cabrals were absent for the meeting and the board felt the matter was too premature to bring up for discussion. Mark Baker noted they need to resolve the jurisdiction and designation of the vessel before the matter can even come before the board.
None
Duane Gregory proposed to
change some the language used describing the matters 20 Commercial St.
Motion made by Duane Gregory: Approve meeting minutes of January 22, 2004, considering the discussed change.
Ken Janson seconded the motion and it passed 3/0/0.
Regarding Jim Mac of the Unitarian Universalist Meeting House February 4 Letter.
Mr. Mac requested to have a deed restriction enforced on the property that would reduce seating capacity and decrease flow in order to reduce their betterment. Ms. Evans-Raasch stated that Mr. Mac does not understand the permanence of a deed restriction, and that once seating capacity is decreased it can never be reinstated. Duane Gregory pointed out that the flow of a “function hall” would need to remain at a capacity to allow for theatre and public functions, therefore decreasing the property’s flow less than originally thought.
Option One was recommended and discussed. The property owners have a one time possible cost of construction to make their septic system manhole accessible and would then pay from $200-$500 dollars every 5 years to have their system pumped and checked. This would make safer systems and support the revenue for the waste treatment plant. Ms Evans-Raasch asked the board members to make recommendations for this issue to present to the Board of Selectmen and then to the Town. The board decided to reflect on the issue and discuss it at the February 26 meeting.
There are ongoing discussions of this matter with Town Council.
Health Inspector– Absent
Mark Baker
Grand Union is filling in and finishing their septic renovation. Jane Evans-Raasch agreed that it has looked good and in order on her recent inspections.
Has ongoing concerns with the stocking dates of the Grand Union meat section
Motion was made by Ken Janson: To go into an Executive Session at 7:40pm.
Mark Baker seconded the motion and it passed 3/0/0.
Motion was made by Ken Janson : Dismiss the Board of Health meeting at 7:45 pm.
Duane Gregory
seconded the motion and it was passed 3/0/0
The meeting was adjourned at 7:45pm.
Respectfully Submitted,
Alison Boutin
Mark Baker, Chair