Provincetown
Board
of Health
Meeting Minutes
6:00 p.m.
Members
Present: Mark Baker, Cynthia
Gast, Duane Gregory, and Ken
Janson.
Members Absent: Dan Brown
Health Agent: Jane
Evans Raasch
Health Inspector: Patricia Pajaron
The
meeting was called to order promptly at 6:00 p.m.
Public Comments
There
were none.
New Business
Barbara Prato - New Massage
Therapist & New Massage Business (home occupation)
Patricia
Pajaron told the BoH that all the necessary paperwork is in order. Also Warren Alexander signed off on the
application for the home occupation on Monday.
Motion:
Cynthia Gast made a motion to issue the new massage therapist license to
Barbara Prato; Ken Janson seconded the motion and it passed unanimously 4-0-0.
Motion: Cynthia
Gast made a motion to approve the home occupation business application for 70
Snail Road; Ken Janson, once again, seconded the motion and it passed 4-0-0.
Paul Church - New Tattoo Artist Permit
& Body Piercing Technician Permit
The
Health Inspector read a letter from Body Language Tattoo extolling the work
ethics of Mr. Church as regards to enthusiasm and adherence to clean and
sterile practices. Mr. Church also has
some certificates for disease prevention protocol but he needs a photo ID,
current negative TB test, and proof of basic first aid/CPR training. Paul also wants to do body-piercing. Duane Gregory had quite a few questions
regarding the issuance of a license; these issues were satisfied.
Motion:
Ken Janson made a motion to grant both a new tattoo artist permit and
body-piercing technician
permit with several conditions:
1.
Proof of a negative TB test
2.
Photo ID
3.
Basic First Aid/CPR training certificate
Duane Gregory seconded the
motion and the vote was 4-0-0.
Matt Ronin - New Body
Piercing Technician
Mr.
Ronin’s TB test is pending and he really wished to begin work before the test,
but this was disallowed by the BoH. All
other paper work is in order.
Motion:
Ken Janson made a motion to approve Matt Ronin for a body-piercing
technician permit with the condition that he provide proof of a negative TB
test. Duane Gregory seconded the motion
and it carried 4-0-0.
Earl Kendall - Caterer
Mr.
Kendall has been a food handler for a very long time and will be operating
under the name ERLJON catering. The
applicant was reminded that he has to keep records of every function for at
least 90 days. Earl also said he would
be using a portable hot box to maintain temperature while traveling to an
event.
Motion:
Duane Gregory moved to grant a food service permit for catering to Earl
Kendall doing preparation at Bay Side Betsy’s.
Ken Janson seconded the motion and it passed 4-0-0.
13 Pilgrim Heights Road -
Review Septic System Design Plan
Alan
Cabral presented the case to the BoH.
He has developed a non-varianced plan for 5 bedrooms. Alan is not sure where the 5th
bedroom will sit and he knows it will have to go before Growth Management
whenever it is built. Alan says it’s a
fairly straight forward plan presented as an alternative to the Dec. 5, 2002
meeting noting that there is nothing wrong with putting in an oversize
system.
Motion:
Mark Baker made a motion to approve the Felco plan #04-022 dated May 22,
2004 for an unvarianced septic system, noting that: (1) the BoH is revoking
their December 5, 2002 motion which requested a deed restriction for 4
bedrooms, but (2) the property cannot increase to 5 bedrooms until it goes into
the Growth Management queue and is approved.
Duane Gregory seconded the motion and it was approved 4-0-0.
5 Atlantic Avenue - Variance Request
Alan
Cabral, once again, presented the Felco plan to the BoH. He said it was a very small lot that
contained two apartments in the main house with 3 bedrooms and a back cottage
with one bedroom, totaling four bedrooms in all for the property.
Motion:
Cynthia Gast made a motion to approve plan #04-019 for 5 Atlantic Avenue
with two conditions:
1.
A deed restriction must be
recorded for 4 bedrooms.
2.
A 40 ml polyvinyl flow
barrier must be installed due to the proximity of the abutters (parcels 96
& 97)
Duane Gregory seconded the motion and it passed 4-0-0.
6 Oak Drive - Appeal Health Agents
Decision
Alan
Cabral presented the plan to the BoH.
The property at 6 Oak Drive is anticipating no change in the footprint
of their house, but will be having an extensive renovation of over $50K that
triggers the necessity of installing a new Title 5. It will still be a 3-bedroom house with 1 on the 1st
floor and 2 on the 2nd floor, but the current septic system was not
installed under the new code, some components cannot be located, and the area
is an environmentally sensitive one.
Questions
were raised about the upstairs kid’s TV room – was it a bedroom? – but Ken
discovered that what looked like a wall on the plan was merely a railing to
give the area definition.
Motion:
Duane Gregory made a motion to uphold the Health Agent’s determination
stating that in order to get a building permit an upgrade to the septic is
required. Ken Janson seconded the
motion and it passed 4-0-0.
Discussion
6 Sandy Hill Road – Enhanced
Nitrogen Removal System
No
paperwork had been submitted and none was required since the subject was merely
for discussion purposes. Alan says he
obviously needs to design a septic for 3 separate units. Alan says if there’s a change in use –
obviously it’s an increase in use. He
wondered aloud if the BoH would allow the owners to use some form of modern
technology i.e., enhanced nitrogen removal system? Alan is also trying to get the BoH to allow a 1-foot reduction to
groundwater. A containment wall and
leach field alternative would be to raise the entire system up. A nitrogen removal system allows 3 feet to
groundwater. Alan asked the HA for an
opinion. The Health Agent’s opinion is
that a 5-foot separation is necessary along with a nitrogen removal system. In
that area, the ground water level changes so much, and that’s why she feels so
strongly about this.
Some
questions were asked and it was determined that the 3 units proposed would be
year-round and the motel would be seasonable.
It was wondered if the DEP did rescind approval of their system?
At this point Mark Baker summarized the findings. The 5-foot separation is still preferred by the BoH, and therefore a nitrogen removal system may not be needed. The HA said the ConCom is quite savvy but they will probably question the finding so it would be in everyone’s best interest to go for the 5 feet separation.
Approval of Minutes
for May 27, 2004
Motion: Ken Janson made a motion to approve the
minutes of the May 27th meeting.
Cynthia Gast seconded and the vote was 3 in favor – none opposed – 1
abstention –DG.
Any other business that shall properly come before the Board
The
BoH would welcome current alternate Dan
Brown as a new full member should he apply. David Nicolau also said he would also be interested in joining.
Mark
Baker said he had received an emergency
call from Howard Burchman regarding the state of the abutting septic system
hook-up abandoned because of the bones found by an excavator. Jane Evans Raasch said she should have been
the person called and would direct any emergency of this nature in the
future. It was so noted.
Mark Baker led a mini discussion on something he had received from the DEP stating that the allotted flow for a theater with a live performer should be 5/gal per performer. Ken Janson said that there is nothing in the regs that refers to a Cabaret – the sewer team had found it was 5 gal/per seat determined by George Heufelder. Ken Janson wondered how that related to the Euro Café and the Post Office Café who are assigned 35/gal per seat. Ken asked Jane to look into the gallonage assessment for other clubs in Provincetown. Jane said she thought gallonage was based on occupancy rather then specific number of seats.
Mark
Baker said he received a memo from George Heufelder regarding having a local
infectious disease coordinator; Mark feels it’s logical for Patricia Pajaron to
be the coordinator. The County will be
helping us with Infectious Disease protocol.
Mark also received a memo from Hospice talking about licensed massage therapists giving “end of life” massage in order to increase the comfort of terminal patients. The memo wondered if the town by town fee could be waived because the masseurs do this on a Cape wide basis and paying for licenses in each town would become expensive. Ken Janson wondered if the BoH could at least require certification. Answer: definitely.
Health Agent’s and Health Inspector’s Reports
Jane Evans
Raasch:
Jane
Evans Raasch said that Gerard Menangas from the Transfer Station told her they’d like to have limited hours on
holidays – from 6:00 a.m. to 10:00 a.m. so that they could share holiday time
with their families.
Motion: Mark Baker made a motion to allow the
Transfer Station to be open from 6-10 a.m ONLY on Memorial Day, July 4th,
Labor Day, and Columbus Day provided that a public notice to that effect be
placed in the Banner – once for the season.
Ken Janson seconded the motion and it passed 4-0-0.
Jane
also told the BoH that at the June 24th meeting the Patrick Patrick property
will
come before them as a renovation to an existing structure. Mark Baker has requested a memo from Warren
Alexander detailing his views on the project.
The
new car wash on Conwell Street has
gotten approval from the DEP.
A remedial Laundromat will be under discussion as a temporary facility. It will be located in the center of Town.
Patricia
Pajaron:
Pat announced that summer has arrived with its
variety of dog bites and beach closures.
She handed out a copy of the letter she sent to massage licensees reminding them of the
regs – especially pertaining to no outdoor massage or massage in unlicensed
areas.
Ms. Pajaron is still working on the Bryant
litigation. She spent part of her day
documenting (photos) the entire 467-471-473 Commercial Street Bryant complex. The Town is looking at $100K legal costs to
conclude this case.
Ken Janson asked Pat what beaches had been closed. Answer: Ryder Street – middle and right. The fecal count was high and she wondered about the barge on Fishermen’s Pier that was pumped out. It has a double hull and 4 holding tanks; maybe someone is living on it. The owner wants to have food catering up and running by July. The Coast Guard has to designate this barge as a structure and then the HA would have jurisdiction. No permits are needed and no excise tax is being paid on it. Whenever Dana Faris gets back we should address the issue with him.
Board Members’ Statements
Only Cynthia Gast had an announcement. She will not be in attendance at the meeting on July 22nd.
The
meeting adjourned at 7:43 p.m.
Respectfully submitted,
Evelyn Gaudiano
Evelyn Rogers Gaudiano
Approved by ____________________________on ______________, 2004.