Meeting Minutes – Board of Health
6:00 p.m.
Members
Present: Mark Baker, Dan Brown, Cynthia
Gast, Duane Gregory, and Ken Janson
Members Absent: None
Health Agent: Jane
Evans Raasch
Health Inspector: Patricia
Pajaron (excused absence)
AGENDA
Public Hearing
Special Town Meeting Warrant Articles
Board of Health: Public Health Articles
In accordance
with §2-2-2 of the Provincetown Charter, the Provincetown Board of Health held
a Public Hearing on Thursday, October 14, 2004 at 6:00 p.m. in the Caucus Hall,
260 Commercial Street, Provincetown, MA to determine the number of Board
members in favor or opposed to the petitioned articles concerning public health
for the October 25, 2004 Special Town Meeting.
The Board of Health agreed by consensus that the only article directly pertinent to public health was Article 5. Public Service Use Sewer Hook-up for Provincetown Art Association & Museum property.
There were neither proponents nor opponents for the public section of the meeting. After concluding the public portion the Board members had their opportunity to discuss. Ken Janson wondered if the BoH hadn’t already voted on this? Mark thought they had when Christine McCarthy and Burton Wolfman met with the BoH. At that meeting, PAAM wasn’t sure just how they’d proceed. Thus the on-site Title 5 system was approved and direction was also given to proceed as well to the Water & Sewer Board to inquire about hooking up in Phase I of the sewer system. At this point, Phase I has been closed because it was at capacity.
Jane Evans Raasch said that the only way PAAM would be able to get a hook-up, was if it were to meet the requirement to provide public restrooms which must be posted. However, PAAM evidently said that it doesn’t want the restrooms to be public since it would incur a security risk. Jane feels that granting this would be precedent setting. Jane’s recommendation would be to disallow the hook-up to the sewer system since it would have to comply with what has already been established by Town Meeting and it doesn’t want to do that.
Mark feels if they’re willing to have public restrooms that have signage, then it may be approved. Jane gave this a low priority based on the criteria that the BoH determined for hooking into the system.
Duane Gregory said they could have hooked-up initially but opted not to. The Water & Sewer Board (W&S Board) at their meeting today voted 3-0-0 to not support this request of the PAAM.
Motion: Mark Baker made a motion not to support
Article 5, therefore supporting the W&S Board’s decision. Duane Gregory seconded the motion and it
passed 4-0-1 abstention (DB).
Public Comments
There were none.
Old Business
5 Harry Kemp Way -
Variance(s) Request
Jason Ellis presented the revised plan to the BoH. At the BoH’s request, the plan reflects a 24% reduction in the leaching galley. Also this new plan affords increased distances from adjacent properties.
Jane reviewed the plan and it does afford greater protection to the abutters. Mr. Ellis has complied with the BoH request and the deed restriction to four bedrooms has been signed and recorded.
Kathleen Krueger, an abutter, was told that her property now has an 8-foot distance from the proposed Title 5 – not the 4 feet that was in the original plan. She wondered about the shoring that would take place once construction begins. The technical answer was that several I-beams will be driven down and then plywood would be placed on the Title 5 side of the installation; the plywood would probably remain in place after the installation. She was also given a copy of the construction protocol from Cape Cod Excavating, Inc. and signed by Warren J. Silva, President. She was satisfied with all these efforts.
Motion: Duane Gregory made a motion to accept the
revised plan of September 30, 2004 for 5 Harry Kemp Way with the following
conditions:
1. A deed restriction must be recorded
limiting the number of bedrooms to the existing four.
2. The October 14, 2004 construction protocol
from Cape Cod Excavating, Inc. must be adhered to.
Ken Janson seconded
the motion and it passed 5-0-0.
201 Bradford Street - Variance(s) Request
Jason Ellis presented this case, too. Jane did walk-thru and verified that there are 2 bedrooms. The upstairs did not have the headroom needed to call it another bedroom. Jane recommended a deed restriction and notes that #1 on plan says that the S.A.S. will have an H-20 rating.
Motion: Dan Brown made a motion to approve the
August 2004 plan with the following conditions:
1. A deed restriction must be recorded limiting
the number of bedrooms to the existing two.
2. The S.A.S. must have an H-20 rating since it may be used as a driveway.
Ken Janson seconded the motion and it passed 5-0-0.
New Business
Tom Bolard: Farland Provisions - Catering License
Jim Farley, one of the owners, presented his own case. He wished approval of a food service permit to operate as a caterer. Patricia Pajaron had inspected his premises and found no violations. Mr. Farley has also successfully completed the ServSafe Certification course. Mark said that a requirement of the permit is that they must maintain a record of catered functions (complete list of functions, menus, wait staff, etc.) as outlined in Part IV, Article 6 of the BoH’s Food establishment Regulations and maintain these records for a minimum of 90 days. Pat Pajaron will be available in the morning should he have any questions.
Motion: Mark Baker made a motion to approve a FSP catering license for Farland Provisions. Cynthia Gast seconded the motion and it passed 5-0-0.
172 Bradford
Street - Request Extension to previously approved variance(s)
Duane Gregory, a real estate broker, disclosed that the property is actively on the market and, although she has no interested clients, she could have a customer tomorrow; she asked if the owner had any objections to having her hear the case. He did not.
George Flammer, the owner, requested an extension for a previously approved Title 5 plan, which had expired. As of June 8th, James Roderick deemed the septic failed. It’s a non-occupied property, which is in the process of being sold. If the BoH grants the extension then the property must be listed as having a failed septic. There are two or three prospective buyers, but no P&S has been signed as yet.
Jane recommended putting a sign on the building that indicates it is uninhabitable due to a failed septic. She also recommends establishing a time frame for installation. Flammer is willing to do everything and anything that can make this sale happen.
Motion: Cynthia Gast made a motion to approve an
extension of the Order to upgrade the existing failed septic system to Title 5
compliance with the following conditions:
1. The building must be posted as
uninhabitable, due to a failed septic system, until the new septic system is installed.
2. The extension is granted until April 15,
2005.
3. The owner will pursue re-obtaining the
expired variances.
Ken Janson seconded
the motion and it passed 5-0-0.
(Mr. Flammer was invited to meet with Jane on Friday morning, 10/15/04, at 8:30 a.m. She will guide him through the process of how to re-notify abutters, etc.)
Discussion
Bathing Beach Water
Quality Report
Pat’s update was passed out and Dan had questions (e.g., how many beaches, etc.).
Pat Pajaron will supply further information to the BoH for the next meeting: the location of the beaches tested, as well as the location of the other beaches.
Review revisions to BoH Title 5 Regulations
Jane went to the W&S Board on grease trap issues. She would like to do a public hearing before the end of the year. Also Duane wants to follow state mandates as they refer to septics and Jane prefers a bit more stringent rules. Jane also wants all cesspools on properties to be deemed “automatically failed” at the time of the sale. (Part 8, article 18 – all cesspools deemed failed at the time of the sale.)
Article 1 – section 1 – Jane wants feedback. Mark says it’s homework for the BoH’s next meeting.
Approval of Minutes
for September 23, 2004
Motion: Dan Brown made a motion to approve the
minutes for September 23, 2004. Duane
Gregory seconded the motion and it passed 3-0-2 abstentions: KJ and MB.
Any other business that shall properly come before the Board
Shirley Smith sent all her credentials to Pat Pajaron for performing massage for one of the West End providers. Mark will have Pat do the application once Ms. Smith satisfies all the paper work. She was told that when the BoH receives her application, it will be heard at the next meeting on October 28th. Ms. Smith does not have to be present.
Sandra Boland came before the BoH for 28 Pleasant Street. The BoH has no problems with the proposed work and it is not viewed as an increase in flow. There is a cesspool and overflow pit on the property and Jane advised Ms. Boland to pump every two years.
Health Agent’s and Health Inspector’s Reports
Jane handed out a chart on the amount of septic pumping records. She wanted the BoH to note the big decrease in “pumpage” after the sewer system went online.
Board Members’ Statements
Dan Brown went to the Town’s Ethics discussion, which proved very long but very informative. The representative from the State Ethics Commission conducting the session cautioned that as soon as a Board member receives an agenda – (s)he should file a notification with the Town Clerk stating there may be a conflict of interest in a certain case and why. The Board’s consensus was that it was almost impossible to comply since the agenda does not come out sufficiently ahead of time to have the appointing authority rule on the possible conflict of interest prior to the meeting of the Board.
Ken Janson had nothing to report.
Mark wanted to extend the Board’s appreciation to Cynthia for serving on the BoH. If Cynthia could find an affordable apartment and/or house in Town she would stay on the Board – but barring that – she had to resign.
Duane Gregory repeated Mark’s sentiments and stated that they all appreciated Cynthia’s input and time.
Cynthia Gast said she had been a Town resident since 1988 and has had to apply to many committees for different permits. Her observation was that the BoH is the most helpful board in Town. She also said she is very sorry to be leaving.
Mark told the Board that on December 2nd he may have to be absent.
The meeting adjourned at 7:10 p.m.
Respectfully submitted,
Evelyn Gaudiano
Evelyn Rogers Gaudiano
Approved by ____________________________on ______________, 2004.