Board of Health Meeting
Minutes
February 3, 2005
1:00 p.m.
Members Present: Mark Baker, Dan Brown and Duane Gregory
Members Absent: None
Health Agent: Jane Evans
Health Inspector: Patricia Pajaron
AGENDA
The meeting was
called to order at 1:00 p.m.
Public Comments
There were none.
Old Business
29 Pearl Street-Title 5 Variance
Applicant was
represented by Jason Ellis. Same as previously approved plan with the addition
of a polyliner flow barrier to address concerns of abutters and stamp by
licensed land surveyor. Jacqueline Sperry and Nancy Ross were present as
abutters on parcel #54 and expressed their concerns which were focused around
their being protected if their property was damaged in any way. Photos and plan
of their house were presented. They requested a surety bond/certificate of
indemnification from applicant and representative. Applicant Laura Teodosio stated that she spoke with her lawyer,
and he said that usual procedure would be for engineer and construction company
to carry liability insurance. She also noted that construction is very close to
her house as well and that she will be taking special care in choosing an
installer. It was noted that a surety
bond would go above and beyond that coverage.
Motion: Mark Baker made a motion to approve
revised plans dated December 20, 2004 with the following 3 conditions: (1) That
a deed restriction be filed limiting the property to 4 bedrooms, (2) that
contractor be required to post a surety bond specific to parcel #54 for work
prior to commencement, (3) that a pre-construction conference between
contractor, property owner, Parcel #54 abutters and Health Agent occur prior to
construction so that all involved understand construction details prior to work
starting. Duane Gregory seconded and it passed 3:0:0.
New Business
Motion: Duane Gregory made a motion to take
Michael Anderson’s application out of
order. Dan Brown seconded and it passed
3:0:0.
Michael Anderson-New Massage
Therapy License
Pat Pajaron
recommended granting license. Mark Baker noted that applicant’s insurance
expires October 2005, and reminded him that should he wish to continue
practicing past October, that insurance must be renewed. Mark also reminded the applicant
that outdoor massages are prohibited in Provincetown.
Motion: Dan Brown made a motion to approve an LMT license. Duane Gregory seconded and it passed 3:0:0.
Barnstable County Innovative/Alternative
Enforcement Program
A PowerPoint presentation
by Barnstable County Health and Environment Staff Person, Susan Rask ensued. After
the excellent presentation, by consensus, the Board of Health instructed the
Health Agent to provide notification for a Public Hearing on the proposed
regulation to be effective by April 1, 2005 for Monitoring of
Innovative/Alternative On-Site Sewage Treatment Systems.
One of the
owners, Peter Schweizer, was represented by John DeSouza who presented the
plan. After discussion and plan review, the following motion was made.
Motion: Duane Gregory made a motion to approve
the proposed plan with the following 3 conditions: (1) That there only be one
entrance to the 2nd floor master suite, (2) that a deed restriction
limiting the number of bedrooms to two be filed, and (3) that a septic system
inspection be conducted to verify the condition of the septic system. Should
that report indicate any inadequacy regarding environmental issues (i.e. depth
to groundwater, proximity to wetlands) or capacity of the existing system to
handle the existing flow, then an upgrade would be required. Dan Brown seconded
and it passed 3:0:0.
This plan had
been approved by the Health Agent prior to the meeting and therefore was not
discussed.
Alan Cabral of
Felco Engineering represented the applicant. Duane Gregory made a disclosure
that her accountant resides at this property but that town counsel had concluded no conflict of
interest was present. After discussion, the following motion was made.
Motion: Mark Baker made a motion to
approve plan as submitted with the following condition: That a deed restriction
limiting the number of bedrooms to the existing four be filed. Dan Brown seconded and it passed 3:0:0.
72 West Vine Street - Title
5 Variance
Gary Locke of
Wm. Rogers, Inc. represented the applicant. After the Health Agent explained
that the concerns on her motion sheet had been satisfied, the following motion
was made.
Motion: Duane Gregory made a motion to
approve revised plan dated January 4, 2005 as submitted with the following 2
conditions: (1) That the engineer was to verify the water line location on the
“as-built” septic system plan, and (2) that a deed restriction limiting the
total number of bedrooms on this property to the proposed eight be filed. Mark Baker seconded and it passed 3:0:0.
Discussion
General
discussion occurred.
The Health Inspector notified the board that a 1:00 p.m.
meeting time would prevent her from attending BoH meetings periodically due to
scheduling requirements in her department. Dan argued that the town’s schedule
should accommodate the schedules of the volunteer board members, not the other
way around.
Motion: Mark Baker made a motion to
accept the 2005 BOH meeting schedule starting at 5:00 p.m. as proposed. Duane
Gregory seconded and it passed 2:1 (DB):0.
Approval of Minutes for December 16, 2004
Tabled until
next meeting due to a
mixup in the review process. Mark will forward to Dan his edited minutes
for review.
Any other business
that shall properly come before the Board.
None, other than
the assurance from the Health Agent that Klara Mueller’s request would be
addressed at the next meeting.
Health Agent Report
Jane Evans will
be out on health leave as of February 20, 2005 for an indefinite time (most
likely 1-4 weeks) and she might miss a meeting or two. She also informed the
Board that in the proposed budget for the next fiscal year, her position has
been cut to part-time as of July 1, 2005.
Health Inspector Report
Licensing Agent
will now be handling licenses for massage, rental certificates, tobacco sales
permits, pool, hot tubs, and body art applications.
Duane Gregory thanked everyone for submitting
excellent annual reports.
Mark Baker thanked Ken Jansen for his service and
expressed regret about his resignation.
Dan Brown inquired as to when Harbor Water
Samplings would begin to which Pat answered June 1st. He also
suggested that when the Board considers possible changes to its current
regulations for Barnstable County’s I/AEP, it also consider a change to its
regulations regarding setbacks to wetlands to bring them into alignment with
state regulations.
Motion: Mark Baker made a motion to appoint Dan Brown as clerk, Duane Gregory seconded and it passed 2:0:1 (DB).
Meeting adjourned at 2:58 p.m.
Respectfully
submitted,
Phyllis Lutsky
Recording
Secretary
Approved
by______________________________on__________,2005
Mark
Baker, Chair