6:00 p.m.
Members
Present: Mark
Baker, Cynthia Gast, Duane Gregory,
David McLean and Dan Brown.
Member Absent: Ken Janson (excused absence)
Health Agent: Jane Evans Raasch
Health Inspector: Patricia Pajaron
The
meeting was called to order at 6:00 p. m.
AGENDA
Public Hearing – Amendment to Solid Waste Transfer Station Fees
Proponent
– Jane Evans Raasch. The change in
transfer station fees was requested by the local landscapers to address the
issue of rising costs. Any discrepancy
in judgement of definitions given here will be decided by the transfer station
attendant.
Part VI
Article 5
Solid Waste Fees
Acting under the authority of Massachusetts General Laws, Chapter 111, Sections 31 and 31A, the Provincetown Board of Health adopts the following solid waste fees for the use of the Provincetown Transfer Station/Recycling Center:
A.
SOLID
WASTE FEES
4. Commercial Haulers fees
effective 1 July 04
k.
Grass, leaves, brush in pick-up
$24.00 per full load $28.00
per full load
$12.00
per half load $14.00
per half load
l.
Grass, leaves, brush in high-side
$30.00 per full load $36.00
per full load
pick-up $15.00 per half
load $18.00 per half load
B. ALL
LOADS ARE TO BE CONSIDERED FULL LOADS A half load is
delineated from the midpoint of the rear wheel well to either the rear end of
the pick up truck or to the front end of the bed. For non-pickup vehicles four
32 gallon barrels or less is considered a half load. Anything over four 32
gallon barrels is considered a full load
Cynthia Gast said she feels there shouldn’t be any cost for disposing of grass and leaves. Gerard Menangas said the Provincetown landfill just doesn’t have the acreage for composting that requires daily turning and equipment, such as a screener, to make this happen has to be rented – therefore a fee must be levied.
Motion: Duane Gregory made a motion to approve the
amendment to the solid waste fees as stated above. David McLean seconded the motion and it passed 5-0-0.
Motion: Cynthia Gast made a motion to move Suzanne
Diaz – out of order – and hear her immediately; Dan Brown seconded the motion
and the vote was 5-0-0.
New Business
Suzanne Diaz - New catering business
Ms. Diaz spoke on her own behalf and said she would welcome any advice and help the Board of Health could give her.
The address for her business is 129 Bradford Street and she will be working out of Baker Joe. Patricia Pajaron, the Health Inspector, inspected the business and said there is a commercial kitchen and Suzanne has completed the required serv-safe course. The BoH reminded Ms. Diaz of their regulation requiring that detailed records of catering functions be kept for a minimum of 90 days.
Motion: David McLean made a motion to approve the
application for Sweet Memories Catering (with an amendment by Duane Gregory who
added that all food prep must be done at Baker Joe/129 Bradford Street and not
at home). Cynthia Gast seconded the
motion with the amendment made by Duane Gregory and it passed 5-0-0.
Family Market Grand Union of 56 Shankpainter Road - Manager to provide new protocols to address outdated products being sold
This agenda item was
postponed until the May 27th meeting.
17 Alden Street - Requesting an Administrative Consent Order for Phase II with permission for a “quick fix”
Jane spoke to Schofield Engineering who said that they were not directed by the homeowner to attend this meeting. Jane attempted to contact the homeowner with no success. The Health Agent recommended that since none of the required information has been provided, no action be taken on this request. The Board agreed to pass on this agenda item without prejudice, but should the applicant wish to reapply to the BoH, a new submittal will be required.
290D Bradford Street - Variance Request
Alan Cabral of Felco Engineering presented the case. The owners wish to upgrade from existing cesspools to a Title 5 septic system requiring five variances to setbacks.
Jane
Evans Raasch recommended that the plan be approved with a 5-bedroom deed
restriction.
Motion: Duane Gregory made a motion to approve with
a deed restriction limiting the number of bedrooms on the property to
five. David McLean seconded the motion
and it was approved 5-0-0.
6 Law Street – Variance Request
David
McLean stepped down as an abutter. Alan Cabral of Felco Engineering presented the case to the BoH. The owners wish
to upgrade the existing cesspool to a Title 5 septic system that requires eight
variances. Jane recommended the plan be
approved with a 4-bedroom deed restriction.
Motion: Mark Baker made a motion to approve the
installation of the Title 5 with the requested variances including the
following conditions:
1.
A deed restriction must be
recorded for the existing four bedrooms.
2.
The shed that will be
rebuilt atop the leaching field must not be a permanent structure.
Dan Brown seconded the
motion and it passed 4-0-0.
4 Garfield Street – Possible survey and location errors on septic system design plan
Alan
Cabral of Felco Engineering defended
the plan to many of the abutters who were in attendance. A mounded Title 5 system has been built on a
deeded right-of-way. When the plan was
originally presented to the BoH for variance requests, the deeded right-of-way
from property to harbor was not shown on the plan nor mentioned at the meeting.
Some
of the abutters showed deeds that contained no actual measurements but all had
a caveat which stated “no obstruction shall be built by either party on the
walkway.” Abutters saw the mounded
system on their right-of-way and felt it went against their covenant about “no
obstruction, etc.”
Our
Health Agent went out there with Albert Robinson, Water Superintendent and
noted that the plans say that there should be a sleeved water line. Albert said that he had not been given
notice to inspect the sleeving of the water line. Jane said she did not actually see that the sleeving had been
conducted. She saw the need in the future for requiring that the water line be
exposed so that it can be verified that the sleeving was done properly. The owner of 3 Garfield Street said that his
water line used to run directly under the new mounded leach area. According to Alan Cabral the relocation of
the water line for 4 Garfield Street included the relocation of the water line
for 3 Garfield Street as well. The owner
was not notified that his water line was in any way affected by the relocation
of the water line for 4 Garfield Street.
Jane recommended that the water line for 3 Garfield Street should be
relocated from its present location so as to maintain the appropriate setback
distance from the water line to the leach area. She suggested that the water line be relocated to enter the
property from the meter pit located in front of 5 Garfield Street. As far as the deeded right of way over the
mounded septic system, she felt it was not a BoH issue, but a civil issue.
Alan
said that when he goes out he expects that the water line has been inspected by
the Water Department and the water line is buried and virtually unverifiable at
that point. The contractors claim it’s
along the edge of property and according to plan. Hopefully, continued Alan, relying on the installer, it was
properly sleeved and is a moot point.
Returning to the bone of contention, Alan said the mounded part of the
system is about 2 feet high and is bounded by four 5” timbers. All the properties were originally owned by
Mr. Vaughn, so maybe the original measurements are inaccurate.
Eric
Migkus of 6 Garfield showed that his deed clearly stated: “no obstruction shall
be built by either party on the walkway.” He further felt that since the Title
5 has been installed and is, in essence, a
fait accompli, perhaps ramps on either side would aid in maneuvering over
this mounded system with wheel chairs, suitcases, groceries, etc.
Mark
Baker agreed with the Health Agent and thought that the construction - as it
pertains to the walkway – might be more properly under the authority of the
Town’s Building Inspector, Warren Alexander.
Motion: Mark Baker made a motion that the entire
water line shown on Felco job # 03031 plan be uncovered and inspected to verify
that it was sleeved properly and that the water line for 3 Garfield Street be
relocated to maintain proper setback.
Duane Gregory seconded the motion and it was voted 5-0-0.
David McLean wants an opinion from Town Counsel on the right of way issue.
Motion: Mark Baker made a motion to instruct the
Health Agent to seek the advice of Town Counsel on the easement issue regarding
a mounded system being built over an easement that was approved by the BoH
without knowledge of the easement. (It was noted that Mr. Vaughn appears
amenable to addressing the issue with the legal advice that can be
offered.) Cynthia Gast seconded the
motion and it was passed 5-0-0.
3 Atlantic Avenue – Variance Request
The
owners, Arthur Hagopian and James Reardon, said that on February 12th they had an inspection of their septic
system and it passed. They decided to
upgrade their septic system for the renovations they are doing on the dwelling.
Seven variances are needed for the installation of their septic system.
Jane
recommends approval
Motion: Cynthia Gast made a motion to approve the
compliant Title 5 septic plan with 7 variances for 3 Atlantic Avenue with the
condition that a 3-bedroom deed restriction be placed on the property; Duane
Gregory seconded the motion and it passed 5-0-0.
11 Oak Drive – Appeal Health Agents decision
Duane
Gregory stepped down. John Reis, dba Golden Hamme,r presented the
case along with John Medeiros, the
owner of the property, who wants to do an addition on his residence. The
proposed addition triggered an automatic upgrade of the septic system due to
its size and expense. A septic system
inspection was conducted showing that there are currently Title 5 components
present, but it is not a fully compliant Title 5 septic system. The BoH files contained no record of a plan
for this property. Jimmy Roderick did
an inspection and found 2 pits; the 1st pit flowed into the 2nd
pit.
Jane
had a feeling that there were probably 2 cesspools originally. The owner said the system was installed on
January 14, 1976 and it wasn’t patched up as a failed system. The house was
built in 1976 or ‘78.
Motion: David McLean made a motion to uphold the
health agent’s decision to require an upgrade of the existing septic system to
one that complies with current Title 5 standards. Cynthia seconded the motion and it was approved: 3-0-1 abstention
(Dan Brown).
John Reis asked – if the owner decided to go ahead with the addition and the septic upgrade – could construction start before the Title 5 installation was complete? Jane said she would need a signed contract with a septic engineer for the design of the septic system prior to the issuance of a building permit. No Certificate of Occupancy for the property would be issued until the proposed and approved septic system was installed and its Certificate of Compliance issued.
82 Bradford Street / Crowne
Pointe
– Request for Seating
Since there was no representative from the Crowne Pointe, it was decided to withdraw their application without prejudice. This means they will have to reapply should they choose to pursue their request.
Approval of
Minutes for April 22, 2004 and Emergency BoH Hearing of April 28, 2004
Motion: Cynthia Gast made a motion to approve the
April 22, 2004 minutes; David McLean seconded the motion and the vote was 3-0-2
abstentions (MB & DB).
Motion: David McLean made a motion to approve the
minutes of the emergency meeting held on April 28, 2004. Cynthia Gast seconded the motion and the
vote was 3-0-2 abstentions (MB & DB).
Any other business that shall properly come before the Board
Dan Brown had a question regarding conference calls - might they suffice in another instance of an emergency meeting? He was told that town committees have to hold meetings on Town property, so conference calls are not feasible.
David
McLean wondered how many outside seats Subway
is allowed? Answer: 10 total – to be shared with the pizza shop.
Duane
Gregory has issues about Growth Management and has had communication from
Cheryl Andrews. Duane feels that maybe
the regs should be fine-tuned.
Health Agent’s
and Health Inspector’s Reports
Jane Evans
Raasch told the
BoH that Sandy Hill Lane will be coming in for a new
septic system permit.
Also
Jane gave everyone a heads-up on Paul
DeRuyter and his dilemma - lounge seats vs. theater seats and
flow issues.
Patricia Pajaron went before BoS on Monday
regarding George Bryant’s
compound. The BoS met in Executive
Session and the Town is seeking legal recourse to bring the property into
compliance with past court rulings.
Pat
had one question for the BoH as their regs pertain to Camps & Motel
license. Diane Corbo wants to transfer her apartment from year-round to
transient; the flow is there. The
Board’s consensus is that is O.K. to do and they would like Patricia to inform
Diane of the approved change.
Patricia
would also like the next meeting to be a public hearing on nuisance regs. It was so
agreed.
5-15 Bradford Street Extension – The old Moors has a problem with rubbish removal. It was finally removed, but the next time it’ll be a ticket for the property.
Board Members’
Statements
There
were none.
The
meeting adjourned at 8:00 p.m.
Respectfully
submitted,
Evelyn Gaudiano
Evelyn
Rogers Gaudiano
Approved by ____________________________on ______________, 2004.