6:00 p.m.
Members
Present: Mark Baker, Dan Brown, Cynthia Gast, and Ken Janson.
Members Absent: Duane Gregory and David McLean (excused
absences)
Health Agent: Jane Evans Raasch
Health Inspector: Patricia Pajaron
The meeting was called to order at 6:00 p. m.
Public
Hearing
PROPOSED
BOARD OF HEALTH REGULATION:
Deletions are in strikethrough.
Additions are in bold
italic.
In accordance with MGL Chapter 111, section 122, the
Provincetown Board of Health shall examine into all nuisances, sources of filth
and causes of sickness within its town, or on board of vessels within the
harbor of such town, which may, in its opinion, be injurious to the public
health, shall destroy, remove or prevent the same as the case may require, and
shall make regulations for the public health and safety relative thereto and to
articles capable of containing or conveying infection or contagion or of
creating sickness brought into or conveyed from the town or into or from any
vessel.
SECTION I. AUTHORITY
This regulation is adopted under M.G.L. Chapter 111, Section 31, which gives the Provincetown Board of Health (hereinafter designated as "the Board") authority to make reasonable health regulations, violations for which shall be punished by a fine of not more than 1000 dollars. This regulation is also adopted under M.G.L. Chapter 111, Section 122, which directs the Board of Health to examine into all nuisances, sources of filth, and causes of sickness within its town, which may, in its opinion, be injurious to the public health and to destroy, remove, or prevent the same. This regulation is also adopted under M.G.L. Chapter 111, Section 143.
SECTION II. GENERAL DEFINITIONS
For the purposes of this regulation, the following words and phrases shall have the following meanings:
BOARD OF HEALTH: the Provincetown Board of Health
SECTION III. NUISANCES
3.00 Purpose: This section of this regulation is intended to prevent all nuisances, sources of filth and causes of sickness which may be injurious to the public health, safety, or welfare of the inhabitants of the Town of Provincetown.
3.05 DEFINITIONS:
For purposes of this section of this regulation, the following words and phrases shall have the following meanings:
ABATE: shall mean to repair, replace, remove, destroy or otherwise remedy a condition
DUMPSTER or DISPOSAL CONTAINER: shall mean any container, receptacle, compactor unit, trailer, roll-off, or other similar unit with or without wheels that is used for the temporary storage, containment, or transport of refuse, garbage, demolition debris, or other discarded materials. It shall not apply to the ordinary household trash can of a volume less than 50 gallons, to plastic bags storing these materials in compliance with the regulations of the Town of Provincetown, or to trash compactor trucks operated by a company duly licensed by the local Board of Health.
NUISANCE: an act or failure to perform legal duty which causes or permits a condition to exist which injures or endangers the public health, safety or welfare of the inhabitants of the Town of Provincetown.
RUBBISH – means combustible and noncombustible waste materials, except garbage, and includes but not limited to such material as paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, grass clippings, tin cans, metals, glass, crockery, plastics, mineral matter, dust and the residue from the burning of wood, coal, coke or other combustibles.
VERMIN – means any invertebrate or vertebrae animals which may act as carriers or agents of infection and disease transmission.
SECTION IV. EXAMINATION INTO NUISANCES
The Board of Health of the Town of Provincetown shall examine into all nuisances, sources of filth and causes of sickness within Provincetown which may, in its opinion, be injurious to the public health and shall destroy, remove or prevent the same as the case may require.
4.00 SPECIFIC NUISANCES:
1. any dumpster or disposal container to be left open or to overflow.
2. a hole over 4 feet in depth to be left open overnight, or left unattended for any amount of time, unless such holes need to be left open in order to comply with the requirements of these regulations or with Title 5, and in such cases, each hole must be adequately protected from entry by children, persons, or animals and must be made not to pose any risk of accident.
3. the discharge of liquids, household waste water or the wastewater from the cleaning of animal or bird cages, fish or reptile tanks onto public ways or streets.
4. the accumulation of material on a property including, but not limited to, animal feces, offal, brine, bones, decayed fruit and vegetables or other rubbish that are liable to produce offensive odors or attract vermin.
5. a swamp ,swimming pool, pond (man-made or natural) ditch, gutter, watercourse, sanitary convenience, or other accumulation of water on land or a street or a receptacle holding water, in such a state as to be a breeding-ground for mosquitoes, not being a reservoir or other storage of water used in connection with manufacturing purposes; irrigation purposes.
6. the accumulation of rubbish, disused furniture, mattresses, appliances, machinery on a lot, yard or other property which may become a harborage to mice, rats, snakes, vermin or which may become conductive to fire.
7. dogs, cats, fowl, hogs, goats, cows, chickens, horses or other animals that are kept in a manner which creates a nuisance.
SECTION V. ABATEMENT OF NUISANCE
5.10 The Board of Health of the Town of Provincetown shall order the owner or occupant of any private premises, at his own expense, to remove any nuisance, sources of filth or cause of sickness found thereon within twenty-four hours or such other time it considers reasonable.
5.20 If the owner or occupant fails to comply with such order the Board of Health of the Town of Provincetown may cause the nuisances, sources of filth and cause of sickness to be removed, and all expenses incurred thereby shall constitute a debt due to the Town of Provincetown.
SECTION VI. ENFORCEMENT
6.10 The Board of Health, its agents, officers and employees shall have the authority to enter upon privately owned land for the purpose of performing their duties for the administration and review of this regulation, and may make or cause to be made such examinations, surveys, or samples the Board of Health deem necessary.
6.20 The Board shall have the authority to enforce these regulations and permits issued thereunder by violation notices, administrative orders, and civil and criminal court actions.
6.30 Unless stated otherwise, any person who violates any provision of this regulation or permits issued hereunder, shall be subject to a fine of not more than one thousand dollars. Each day or portion thereof during which a violation occurs or continues shall constitute a separate offense, and each provision of the regulation or permit that is violated shall constitute a separate offense.
6.40 As an alternative to criminal prosecution in a special case, the Board may elect to utilize the non-criminal disposition procedure set forth in M.G.L. chapter 40 Section 21D. For the purpose of this provision, the penalty to apply in the event of a violation shall be as follows: $100.00 for the first offense
$ 200 for the second offense
$ 300 for the third offense
$ 300 for the fourth offense and each subsequent offense.
Each day on which a violation exists shall be deemed a separate offense.
SECTION VII. APPEAL
7.10 Unless otherwise provided, any person aggrieved by the decision of the Board of Health may seek relief there from in any court of competent jurisdiction, as provided by the laws of the Commonwealth of Massachusetts.
SECTION VIII. SEVERABILITY
8.10 If any portion, or sentence, clause or phrase of this regulation
shall be invalid for any reason, the remainder of this regulation shall
continue in full force and effect
Amendments to the Nuisance Regulations, Part VI Article 8
Motion: Mark Baker made a motion to waive the
reading of the Nuisance Regulations.
Ken Janson seconded it and it was passed 4-0-0.
Pat Pajaron, the Health Inspector and Proponent, said she felt this regulation would give more enforcement authority to the Town, and that the proposed changes have been necessary for some time.
The BoH received three letters in support of the regulation. One from Berta Romano, one from Lucille Plante, and the third from Judith Oset. They were all strongly in support.
Jane Evans Raasch had a comment about the chosen depth mentioned for any hole in pavements, etc. being a nuisance and safety issue. It was contained in 4.02 under “Specific Nuisances.” A typo was pointed out in 8.10. Jane also pointed out that the fourth fine under section 6.40 should be $400 for the fourth offense.
Robyn Watson read every single word of it and she worried about having her compost pile in violation of section 3.05 - Rubbish. Mark Baker offered to add at the end of the first line of the rubbish section after “except garbage” the phrase “and approved compost containers, …”
Diane Corbo rose to speak in favor of the proposed changes in the regulations especially as it refers to problems with neighbors. She also suggested that people be fined for infractions. She then wondered if the BoH might think of re-introducing a town-wide, Town sponsored spring pick-up for large items (e.g., mattresses, sofas, etc.) as was done in the past. The answer was that it was probably not economically feasible.
Motion: Cynthia Gast made a motion to support the
changes in the BoH regulations as previously discussed with the amendments
suggested. Ken Janson seconded it and
it passed 4-0-0.
Public Comments
Diane Corbo rose once again to talk about old business. She continues to appreciate the cooperation of the BoH and updated the BoH on the latest happening in the George Bryant saga. He now has a brown shower curtain outside his fence attempting to conceal his mess. Diane would like him fined for this.
Old Business:
56 Shankpainter Road
– Grand Union Family Markets:
Response to
complaints regarding the selling of outdated merchandise
Tom D’Ettorre, Sanitarian for Grand Union Family Markets, and Mark Holbrook, Manager of the Provincetown Grand Union Family Market, appeared before the BoH to discuss corrective measures they have taken. Tom D’Ettorre led off by presenting his plan for corrections and saying, “Of course – from time to time - there may still be some outdated products in the store.”
Mark Holbrook came up with a policy that he drew up himself. He has a weekly meeting where he and his staff go over procedures every Friday. The inspection is done on a weekly basis instead of a monthly basis.
Pat Pajaron told them that we continue to receive complaints about outdated products and the complaints have picked up, mainly about the parking lot and trash (e.g., receipts from store, bags, etc.) In addition to the out-of-date produce, some complaints received refer to soiled food cases, etc. She would like to recommend increasing inspection to ensure that the policy is really working. Mark Baker recommended having Pat do weekly inspections on a rolling unannounced basis.
Pat agreed.
Mark Baker told the two men that they’ve been put on notice with these complaints. Mark also sincerely hoped that this would be the last time they hear from the BoH and he hopes that Grand Union can work in concert with the Health Agent and Health Inspector. “We hope to not see you back here.” The case concluded with that statement.
David Lajoie from Felco and J. Schuster the owner of 3 Garfield Street appeared before the Board. The Health Agent told David Lajoie that his plan did not address the water line issue and also did not make note of its installation over an easement. Mr. Schuster said that the people on the other side of him will have to install a Title V in a few years and the permit has already been issued. (If it’s not installed within a given time the application will have to be remade and a permit reissued.)
Jane Evans Raasch said that David did a great job in his compromise by moving the wall up closer and reducing the leaching area. Another abutter, Eric Mitkus from 6 Garfield Street, said that it does not solve the problem at all. “Felco shouldn’t be released for slipping through a plan without all its completeness. We have the right to drive down the road to our property and our rights have been stomped on. What good are property rights for if they can be trampled?,” Mr. Mitkus asked.
Mr. Schuster said that the solution is very simple – just reestablish the walkway – and give him 10% reduction in leaching capacity.
Mark Baker then said, “So, it is the consensus of the abutters that you’d rather see the wall reduced even though it would only be a couple of feet?”
Celine Gandolfo then spoke. She is active in the Open Space Committee and they have been trying to keep passageways like this one open. The structure under discussion is obtrusive.
Mark Baker asked of Felco, “Can you put the walkway back where it was?” David Lajoie said, “There is no historic right – it’s historic for the neighborhood – and that’s all that matters.” He was comfortable with the way it was done originally and saw no need to change.
The Health Agent recommended revoking the original septic system installation permit and suggested the BoH might reduce the leaching field by up to 25% of the required capacity under maximum compliance regulations.
Mark Baker said the BoH would need a revised plan from Felco Engineering with the retaining wall and the SAS moved back to allow the right of way to be replaced where it was. Furthermore, the water line is to be exposed entirely so that the Health Agent can guarantee its sleeving, and that the water line for #3 Garfield needs to be moved and relocated from the pit on Garfield to #3 directly. After the new plan review, a new septic installation permit would be required.
Motion: Mark Baker made a motion to revoke the
Septic System Installation Permit for Felco Engineering plan 03-202 for 4
Garfield Street because the easement was not shown correctly. Cynthia Gast seconded the motion and said
the engineer needs to return with a revised plan. The vote was 4-0-0.
New Business
Jerry Lee Stacy - New massage therapist license
He will be practicing at the West End Salon and he has a barber, massage, and hair dresser license. Pat said he provided proof of liability dated until 5-05. She also suggested that the BoH remind the applicant that no outdoor massage is allowed.
Motion: Dan Brown made a motion to approve the new
massage therapist license for Jerry Lee Stacy with the reminder that there is
to be no outdoor massage. Ken Janson
seconded the motion and it passed 4-0-0.
Solomon “Saul” Hutchings - New massage therapist license
He will be working at the Provincetown Massage. Pat said that all his paper work was in order and his liability is covered until May 2005.
Motion: Dan Brown made a motion to grant the license
with the reminder that no outdoor massage is allowed. Ken Janson seconded the motion and it passed 4-0-0.
Approval of Minutes
for May 13, 2004
Dan Brown made a
motion to approve the minutes with one addition – that none of the abutters
attended the original hearing on 4 Garfield Street. Cynthia Gast seconded the motion and it was passed 3-0-1
abstention (KJ).
Any other business that shall properly come before the Board
None.
Health Agent’s and Health Inspector’s Reports
Jane told the BoH about a cease & desist order for an illegally operating car wash on Conwell Street at the Sunoco Station. The operator had a plan whereby water would be recycled, etc. Jane has given the necessary DEP paperwork to the operator.
The Health Agent sent her “FY 05 Goals” to all members of the BoH.
Patricia Pajaron said this is her third season and the complaints for the A&P and now the Grand Union go back to 1988. She sees the solutions to the problems as having no financial clout. The A & P Sparkle Plan says that if you see a violation – you have to give them time to correct it. Mark wondered if the Health Inspector closed the market down for one day – the big loss of income might have the desired effect to rectify the on-going problems. It was suggested that if the BoH has to close the Grand Union because of future infractions it could be done with less damage to the community if it were done with one or two weeks prior warnings well publicized to the public.
Pat starts beach sampling next week. In response to Diane Corbo – George Bryant said he’s removing the junk from the curtain to behind the fence. Supposedly Mr. Bryant is trying to remove some of his junk and therefore is using the curtain to help contain the unsightliness during the process.
The outdoor massage that was going on at Blu-Day Spa was a confrontational situation. Patricia told the owner, “If you continue I will revoke your license.” His reply was that you’re hurting my business. It was decided that the way to mitigate this would be to send letters to all masseurs restating that regulations permit no outdoor massages! No business can be hurt if no business is allowed outdoor massage.
Board Members’ Statements
KJ – None.
MB – None.
DB – He requested that Pat and/or Jane follow-up into what other towns do regarding fines for food violations.
CG – She felt the BoH set a precedent with the Garfield issue and she feels the BoH did the right thing. The plan that was presented tonight was never seen. A property right is a property right!
The meeting adjourned at 7:30 p.m.
Respectfully submit
Evelyn Gaudiano
Evelyn Rogers Gaudiano
Approved by ____________________________on ______________, 2004.
Mark Baker