Meeting Minutes
July 22, 2004
6PM
Caucus Hall,
260 Commercial Street
Provincetown, MA 02657
Members Present: Mark Baker, Duane Gregory, Cindi Gast, Ken Janson and Dan
Brown.
Health Agent: Jane Evans Raasch
Health Inspector: Patricia Pajaron
The
meeting was called to order at 6PM.
AGENDA
Public
Comments
There were none.
457 Commercial
Street - Plan Review
The Board discussed Sacha
Richtar’s request to remove three bedrooms from the existing six-bedroom
dwelling at the above referenced location and relocate these three bedrooms
into a new structure on the same property. Duane Gregory was concerned that a
BoH regulation stated that modifications to a property cannot be made unless
the owner can verify that there is room on property for a compliant Title 5.
Mark Baker questioned her interpretation of the regulation because the proposed
modifications will not increase flow and the property is currently hooked into
the municipal sewer. After some discussion, the following motion was made:
Motion: Cindi Gast made a motion to approve the
plans showing the removal of three bedrooms from the existing six-bedroom
dwelling that will then be transferred to a new dwelling on the same property
and used as two bedrooms and an artist’s studio. A deed restriction limiting the total number of bedrooms to six
for the entire property was required.
Dan Brown seconded the motion and it passed 4-1(DG)-0.
New
Business
24 Pearl
Street - Variance Request/Plan Review
Hunter
O’Hanian presented the case for the Fine Arts Work Center’s proposed
renovation. The BoH and Hunter discussed the Executive Director’s request to
relocate bedrooms on the property and his request for a variance of 40 gallons
for the existing 1,500-gallon septic tank.
The proposed request would allow for the removal of two bedrooms from
the main building at 24 Pearl Street with the addition of one bedroom to the
septic system servicing 4, 6 and 6A Fishburn Court. Mark Baker asked Health
Agent if it was reasonable in this case to require an alarm for the septic
system servicing the Fishburn Court properties. She said yes, and Hunter
O’Hanian had no problem with that request. The following motion was made:
Motion: Ken Janson made a motion to grant the variance from 310 CMR Title 5 of 40 gallons to the existing 1,500-gallon septic tank with the condition that a high water alarm be installed in the septic tank servicing 4, 6 and 6A Fishburn Court as a safety measure. Duane Gregory seconded the motion and it passed 4-0-1(DB).
20 Bradford
Street - Variance Request
Mr.
Alan Cabral of Felco presented the case for the owner, Cathan Ventura. The BoH
reviewed the variance requests for the septic system to serve the above
referenced property. The Health Agent
had confirmed that a minimum of 1’ and a maximum of 4’ of stone required around
the leach pit, and the plans presented at this meeting had been revised to show
this. The following motion was the made:
Motion: Ken Janson made a motion to approve the Title 5 variance requests for the septic system for 20 Bradford Street with the requirement that a deed restriction limiting the number of bedrooms for the property to three be recorded at the Barnstable County Registry of Deeds. Cindi Gast seconded the motion and it passed 4-0-1(DB).
82 Bradford
Street (Crowne Pointe) - Request for Seating
Ken Janson stepped down due to a possible conflict
of interest.
Motion: Duane
Gregory immediately made a motion to postpone hearing this case until the next
meeting scheduled for August 8, 2004 so that all members would have a chance to
review the proposed plans, which were supposed to be submitted by July 8, 2004
but were not received until a few minutes before the scheduled meeting. She
reasoned that it was a high profile case and that she felt she needed time to
give the plans a thorough review. Dan Brown seconded and the motion was opened
to discussion.
Mark Baker asked the Health Agent and Health
Inspector if they had had sufficient time to review the plans in order to
render their opinions to the BoH at this meeting. Both stated that they had
reviewed the plans for several hours today and had done a site inspection. Both
were ready to state their opinions at this meeting. Mark then stated that he
was willing to let Tom Walters and Elliot Parkhurst make their presentation. If
the BoH felt after their presentation that the Board needed additional time to
make a decision, then the BoH could move to postpone the case until the next
meeting.
Vote: A vote
was then called and the results were 2(MB/CG)-2(DG/DB)-0. The motion,
therefore, did not carry.
The presentation was then made by Mr. Walters and
Mr. Elliot Parkhurst. A thorough review of the plans indicated a request to
eliminate 7 guestrooms in exchange for 22 restaurant seats. This exchange will
affect only 2 buildings on the property. The Health Inspector indicated that
the proposed plans are consistent with the Health Department’s records and were
straightforward in nature. The Health Agent agreed and recommends approval with
two conditions: (1) that the plans get approval from the Zoning Board of
Appeals, and (2) that they submit existing and proposed plans (which had
already been done). Duane Gregory expressed concern that no changes had been
made to 2 of the proposed rooms to be exchanged except no longer calling them
bedrooms. No structural changes had been made to reduce levels of privacy. She
stated that every other applicant is required to make structural changes and
she wanted the Board to be consistent. She was concerned that without
structural changes, nothing would prevent them from possibly being used as
bedrooms. The Health Agent suggested making a deed restriction limiting the
number of bedrooms to 33. Duane Gregory was concerned about enforcing that
restriction. The Health Inspector noted that this is a licensed business and
therefore subject to yearly inspections which could guarantee that those rooms
are not being used as bedrooms. That seemed to appease Ms. Gregory. Mr.
Parkhurst was concerned that a deed restriction could possibly limit future
changes to the property. It was suggested that those concerns could be dealt
with in the motion.
Motion: Mark
Baker made a motion to approve the swap in flow achieved by the removal of 7
bedrooms from the two properties located at 82 and 80-#2 Bradford Street for 22
restaurant seats with the conditions that: (1) a 6-foot opening be made in the
basement of 82 Bradford street for the entrance designated for storage/common
area, and (2) with the understanding that the property in total will function
as a hotel licensed for no more than 33 bedrooms as long as the 22 restaurant
seats are in existence. Cindi Gast seconded and it passed 4-0-0.
The Health Inspector then apologized, mentioning
that the department had received 4 letters of community support for this
proposal.
Discussion
13 Nelson
Avenue - Septic System Upgrade
William Rogers wanted to be reminded of the BoH
regulations regarding a proposed upgrade to the Title 5 for this property that
would put an addition on so the owner would have 1 bedroom and a kitchen in
each wing. The Health Agent reminded Mr. Rogers of the pertinent regulations.
Motion: Cindi
Gast made a motion to temporarily table discussion of the revised BoH
regulations in order to take Other Business out of order so an applicant did
not have to sit through a lengthy discussion. Ken Janson seconded and it passed
5-0-0.
Other
Business
Jodie Mederios
– Request to become a Licensed Massage Therapist
Ms. Mederios presented her documentation and a
letter from West End Salon. BoH regulations require 500 hours of study and the
applicant only has 100 hours but is only interested in doing aesthetic massage
(i.e., Swedish, Lymphatic, Shiatsu and Reflexology – no deep tissue massage).
Much discussion ensued about different types of massage and the fact that the
BoH regulations do not make such differentiation.
Motion: Mark
Baker made a motion that a Massage Therapist license be approved for Jodie
Mederios with the condition that her school program director submit additional
information that would satisfy the Health Inspector before the issuance of a
license for aesthetic massage only. Dan Brown
seconded and it passed 5-0-0.
Cindi Gast left the meeting at 7:55PM for business
reasons.
Discussion
(continued)
Provincetown
Board of Health Regulations - Updates to Title 5 Supplements
The Board thoroughly reviewed the Health Agent’s
proposed changes, making additional suggestions to them. The final revisions
will be made by the Health Agent and a Public Hearing planned for some time
after Labor Day.
Approval of
Minutes from July 8, 2004
Motion: Ken
Janson made a motion to approve the BoH minutes from July 8, 2004. Duane
Gregory seconded and it passed 4-0-0.
Any other
business that shall properly come before the Board
26 Alden
Street
Mark Baker asked for an update on this property. The
Health Agent reported that very little had occurred and that next steps were
still in the hand of the BoS as owners of the property.
Health
Agent’s and Health Inspector’s Reports
Health Agent: Nothing further to report.
Health
Inspector:
(a) Update on 7 Garfield Street: The Nelsons obtained the required rental
certificate.
(b) Pat received an unsigned letter from “a group of
concerned massage therapists” that was cc’d to the Town Manger and BoS
expressing concern about non-licensed practitioners in town. They gave and
example of one man who has a website depicting sexual activity in conjunction
with massage therapy. Pat forwarded the letter to the Police Chief to deal with
the sexual matter, and the Health Inspector is dealing with the non-license
issue. It should be noted that this is the first notice the Health Inspector
has received regarding this situation.
(c) A complaint was received regarding 202B Bradford
Street that reported that the shack is again being used as living quarters,
with illegal plumbing and no septic system. The Health Inspector sent a letter
indicating that the owner must move the occupant within 3 days and cease using
the shack for habitation or a criminal complaint will be filed. Pat noted that
the current Town Bylaw regarding rental habitation enforcement places
responsibility for this with the Licensing Board; Pat feels enforcement should
be the purview of the BoH. This is a possible change for the up-coming Town
Meeting. Pat was asked to run this proposed change by the Licensing Board for
their input before moving forward at a Town Meeting.
Board
Member’s Statements
Dan Brown: He suggested that if another
aesthetic-massage only LMT request comes up again that it be dealt with in the
regulations to differentiate it from deep-tissue massage licenses. He stated
that he had received an email from the MA Association of Boards of Health as to
whether most boards are elected or appointed in our state. Finally, Dan wanted
to know who in Town enforces noise violations. Since such violations are under
the General Bylaws, the police enforce such violations.
Ken Janson, Mark Baker: None
Duane Gregory: She brought up the issue regarding
457 Commercial Street again. She thinks it’s important and should be followed
up on. She was encouraged by the Board to contact Dr. Cheryl Andrews to further
investigate the intent of the BoH regulation she cited.
The meeting adjourned at 8:14PM via a motion from
Duane Gregory, seconded by Mark Baker and unanimously approved.
Respectfully submitted,
Phyllis Lutsky
Recording Secretary
Approved by ____________________________on ______________, 2004.