Board of Health Meeting Minutes
6:00 p.m.
Members
Present: Mark Baker, Dan Brown,
Duane Gregory, and Ken Janson
Members Absent: None
Health Agent: Jane
Evans
Health Inspector: Patricia Pajaron
The meeting was called to order at 6:00 p.m.
AGENDA
Public Comments
There were none.
New Business
Michelle Pelletier - New Massage Therapist License
Ms. Pelletier’s request had been withdrawn.
Nancy Smith - New Massage Therapist License
Ms. Smith did not attend the meeting but had submitted all the necessary paper work. She will be working at the West End Salon. Her application was complete but it was noted that her liability insurance was in place only until January 31, 2005.
Motion: Ken Janson made a motion to approve the new
Massage Therapist License for Nancy Smith.
Dan Brown seconded the motion and it was approved 4-0-0.
The Chair wanted the minutes to reflect that – when Ms. Smith picks up her license – the Health Inspector will remind her both that her liability insurance is only valid through January 31, 2005 and also that no massage therapy will take place in an outdoor natural setting.
34 Commercial Street- Plan review
Neal Kimball presented the case to the Board of Health. He was accompanied by one of the owners, Sally Rudicel. She has a garage in the back of her property with an unfinished attic space. Sally Rudicel is an orthopedic surgeon and is involved in research for Tufts University. Because the house has an open floor plan, the owner would like to do work-related research and study in the proposed finished attic space above the garage. The owner had furnished a letter to the Health Agent saying a toilet is necessary in the research/study space to accommodate her health problem. The owners have a three-bedroom septic system and only one bedroom thus they felt the addition of a toilet in the proposed space would be approved.
Jane Evans said that this was a very difficult decision, however she recommended approval with a deed restriction to be used only as an accessory use for the owner. It was suggested that perhaps an incinerator toilet could be installed as an alternative.
This discussion went on and on without anyone being totally satisfied. Duane was afraid of precedent setting if the BoH were to allow this without the proposal going into the Growth Management queue. Jane Evans suggested the applicant put in an incinerator toilet – for now - and then go into the queue for growth management.
At this point, the co-owner, Rose Gschwendtner, arrived from Boston apologizing for her late attendance.
Sally said she had two frustrations: 1) She took a day off from work and, 2) as a homeowner, she resents having to redo her house to accommodate the different boards. This seemed to conclude the discussion.
Motion: Duane Gregory made a motion to approve the
plan as presented with an incinerator toilet according to the BoH regulations
cited in Article 17, Part 7. If the
applicant would prefer a conventional toilet then she may feel free to discuss
the matter with the Building Commissioner, Warren Alexander, on the next
day. Ken Janson seconded the motion and
it passed 4-0-0.
12 Cottage Street -
Title 5 variance
Ken Janson stepped down since he is an abutter. Jason Ellis presented the plan to the BoH. Jason said the house on this property is a two-family with 2 bedrooms on the first floor and 2 bedrooms on the second floor. Also there is one bedroom in the cottage.
Mark Baker said he had received a concerned e-mail from an abutter, Marie Thibeault, who owns the Joshua Paine House. Her concern was that she hadn’t been notified until October 26th regarding a meeting that was going to be held on the 28th. After a bit more discussion and plan perusing, Mark asked that the record show that Ms. Thibeault’s property is one property away from the property that is 12 Cottage Street.
Jane Evans advised approving the plan with a deed restriction.
Motion: Dan Brown made a motion to approve the plan
for 12 Cottage Street that was revised on 10-20-04 with the following
conditions:
1. A deed restriction must be recorded
limiting the property to the existing number of five (5) bedrooms.
2. Adjacent properties must be protected
during construction.
Duane Gregory
seconded the motion and it was approved 3-0-0.
35B Court Street - Title 5 Variance
Jason Ellis, once again, presented the case to the BoH. The property is very low and near ground water.
An abutter from 6B Holway Avenue was concerned about all the high-rise septic systems surrounding the property now. The concerned party was the son of Sherman and Olivia Merrill (his mother accompanied him). Once he found the exact location of the installation – it was no longer a problem for him.
Motion: Dan Brown made a motion to approve the plan
dated 10-19-2004 with a recorded deed restriction limiting the property to the
three (3) existing bedrooms. Ken Janson
seconded the motion and it was approved 4-0-0.
29 Pearl Street -
Title 5 Variance
(Continued until November 18th.)
Discussion:
Bathing Beach Water
Quality Report
Pat has given the BoH the sampling sites. She went on to say that compared to other beaches that are tested by the County, ours have many testing areas and our harbor is complex and intricate. There was a hand-out on beach closures with Pat detailing why these areas (28 times we exceeded the count) had problems. We have 18 sample sites and when you take samples they are taken right at the source and then at the higher density area. Higher count is usually at the outfall pipes because of street run-off.
The BoH then discussed when they might invite the Harbor Committee to a meeting so they could share their concerns and talk about possible solutions. At the November meeting and again on December 2nd, Mark Baker will not be present. When a date has been finalized, the Harbor Committee will be invited – possibly in late December.
Review Proposed Revisions to BoH Title 5 Regulations
Grease traps: It was agreed that each one should have a monitor.
Section 3 – Condominiums: Duane says state laws require septic pumping at a minimum every year if there is an inspection every 2 years. The BoH decided to require this to match state law. Dan wondered if there were fines or penalties for people who don’t comply? Mark said the rules on pumping are basically to increase awareness.
Annual fee for installer’s license was agreed to - $200. Also, any installer must report to the Health Agent any property that has been pumped over 4X a year.
Mark agreed with the Health Agent that the BoH – like other towns on the Cape - has to get rid of the remaining cesspools. Whenever properties change hands a Title 5 must be installed.
All the sewer regulations have been previously approved. If everyone agrees then Jane will redo the regs package for the Dec. 16th Public Hearing meeting.
A discussion then came about as a “coda” to the 34 Commercial Street case. It was thought that an accessory use must be noted in a deed restriction. It was thought to change the accessory use building (Artist studio) to allow a sink and toilet without additional flow, but if a tub or shower were planned, then some flow – either 50 or 110 gpd – would be required. Jane will write up something and e-mail it out to members of the Board.
Approval of Minutes for October 14, 2004
Motion: Duane Gregory made a motion to approve the
minutes of the October 14, 2004 meeting.
Dan Brown seconded the motion and it was approved 4-0-0.
Any other business that shall properly come before the Board
Duane Gregory was approached by a citizen who complained about Transfer Station dump charges. She was irate about having to pay to deposit her trash. She may not have had a town sticker?
Another citizen reported to Duane about out-dated produce at Grand Union and dirty conditions. Pat Pajaron hasn’t been in there to check lately, but she will visit the store in the near future.
PAAM - Jane Evans said that Warren will likely give them a building permit for the property on the condition that they cannot use the 2nd floor for classes (only storage) until they go through the Growth Management queue. Mark said he will get something off to the W&S Board immediately reiterating “no growth sewer” no public service and an approved Title 5 plan. Also that it is a growth management issue.
Jane said she would ask the W&S Board that when PAAM comes before them to let the BoH know so a couple of representatives can attend in order to reiterate our past decisions.
Health Agent’s and Health Inspector’s Reports
Jane Evans had nothing else to report.
Health Inspector, citing a recent memo she had received from Kopelman & Paige, said she was frustrated with George Bryant’s property. It’s taking too much of her valuable time with no resolution in sight.
Rabies update – The powers that be have started baiting in Orleans, Brewster, and surrounding towns. They have put out 54K baits and still have 10K more on reserve. The hope is to slow epidemic during hibernation and cold weather. Experts say if the raccoons are infected they will go into hibernation and just die in their lairs.
Pat will update licenses and there is now an official BoH seal.
Board Members’ Statements
Mark Baker will be doing grant reviews in Boston on the 18th of November and on December 2nd is involved in a fund-raising function for his agency.
Ken Janson may be missing on November 18th as well. This would result in no quorum; so Ken will keep Jane informed.
The meeting adjourned at 7:55 p.m.
Respectfully submitted,
Evelyn Gaudiano
Evelyn Rogers Gaudiano
Approved by ____________________________on ______________, 2004.