Board of Health
Public Meeting
Caucus Hall, Town Hall, Provincetown, MA 02657
April 28, 2005
Members Present: Mark Baker (Chair), Duane Gregory (Vice Chair) and Dan Brown (Clerk)
Staff Present: Jane Evans (Health Agent) and David McLean-Perkins (Health Inspector)
Meeting was called to order at 5:00 p.m.
There were none.
II. Public Hearing
Owners and operators must report the results of all operation, maintenance and monitoring activities to Barnstable County Dept. of Health and Environment within 15 days after each maintenance or monitoring event. This was previously discussed at the February 3, 2005 Board of Health meeting where Susan Rask from Barnstable County gave a presentation. Jane Evans thinks that 10-15 properties would be involved.
No comments from the public.
Motion: Dan Brown made a motion to add to the Board of Health regulations Part VII, Article 19 as follows. As allowed under M.G.L. Ch. 111 Sec. 31, the Board of Health of the Town of Provincetown hereby requires that owners and operators of all innovative/alternative sewage treatment technologies report the results of all operation, maintenance and monitoring activities to Barnstable County Department of Health and Environment. Such reporting must be performed in the manner specified by Barnstable County Department of Health and Environment and must occur within 15 days after each maintenance or monitoring event. Further, when a system operator performs a system inspection and finds that a sewage treatment technology has malfunctioning components which have compromised the system’s ability to treat sewage as designed, the operator shall report on the system’s status and any planned corrective actions to the Provincetown Board of Health and Barnstable County Department of Health and Environment with 48 hours of inspection. Duane Gregory seconded and it passed 3:0:0.
III. New Business
Withdrawn without prejudice (since he was a no-show).
Michelle Gouveia of Crowne Pointe was representing applicant. Health Inspector has necessary papers and therefore, recommends license.
Motion: Duane Gregory made a motion to approve license under the condition that he personally appear before Health Inspector to pick up his license. Dan Brown seconded and it passed 3:0:0.
Patrick Eleey represented the applicant (Ronald Goldstein). Needs a 3’ setback variance to build a swimming pool from the abutters’ Title 5 leach field.
Motion: Duane Gregory made a motion to approve 3ft.variance with the condition that all responsibility and liability lies with owner. Board of Health considers this motion based on soil conditions that allow for very little lateral leaching. Dan Brown seconded and it passed 3:0:0.
Greg Russo represented the seller. Duane Gregory disclosed that she is a licensed real estate agent. Greg Russo had no objections. This is a pre-1978 building code and zoning regulations property that has historically been a 2 bedroom and is hooked up to the sewer as a 2 bedroom. The bedroom in question is 2.5 square feet short of a bedroom by today’s standards and has 7’7” ceiling height. The Health Agent recommends reversing previous determination, but wanted to bring these items to the Board as a case-by-case basis per our regulations.
Motion: Mark Baker made a motion find in
favor of applicant designating 395 Commercial St., Unit 6 as a 2 bedroom
property given historical use, assessor’s records and sewer hook-up. Dan Brown
seconded and it passed 3:0:0.
2005 Bathing Beach Sampling (con’t from March 3, 2005)
Sampling will begin June 1 and continue until Sept 1, 2005 at the same locations as last year with the exception of the Atkins Lane location which will be moved east of the outfall pipe.
Tabled for later discussions.
V. Approval of Minutes
March 3, 2005 – Motion: Mark Baker made a motion to approve. Dan Brown seconded and it passed 3:0:0.
April 4, 2005 – Motion: Mark Baker made a motion to approve. Dan Brown seconded and it passed 3:0:0.
VI. Other Business
Memo re: email communications: Mark Baker noted a November 27, 2000 memo regarding Public Records law and Open Meeting law as it applies to e-mail and voice mail communications between town board members.
Oxygen Bars: It was noted that these are illegal in Massachusetts. West End Salon has been notified and has agreed to close theirs down. Duane Gregory suggested asking The Banner to put a notification in the paper.
VII.
Health Agent’s and
Health Inspector’s Reports
Things have been very busy in the DRM since Patricia Pajaron’s departure.
Rabies report and extensive discussion: 2 known cases in Brewster and 1 in Eastham. Thinks it is inevitable that it will reach Provincetown. Jane and the Police Chief plan to go before Board of Selectmen asking them to revoke the town’s no leash bylaw. Duane Gregory and Dan Brown wanted to go on record as reserving their support on this until the Board receives more information particularly in reference to dog-human transmission. Jane and David will start gathering information and keep the Board informed. Dan Brown thinks there needs to be some sort of a public information campaign. This will be further addressed at June meeting.
The Licensing Department is now enforcing the under-90 day renting by-law by requiring owners of properties wishing to rent for periods under 90 days to register and pay $65 for a renter’s certificate. This includes private homes renting from 1 to 90 days. The Health Dept. must inspect these properties, but it is the Licensing Board that enforces any violations.
VIII. Board Member’s Statements
Dan Brown – Inquired after Mosquito Control. This can be accessed via a county number.
Mark Baker – Wanted to thank Doug Taylor for including him in Health Inspector job interviews and wants to welcome David McLean-Perkins to the Health Inspector position.
Duane Gregory – As a realtor, she thinks that from a health and safety perspective, this under-90 day renting by-law should be focused on seasonal and year-round rentals; she also wants to welcome and congratulate David McLean-Perkins.
Motion to Adjourn: Mark Baker made a motion to adjourn at 6:17 p.m. Duane Gregory seconded and it passed 3:0:0.
Respectfully submitted,
Phyllis Lutsky
Phyllis Lutsky
Recording Secretary
Approved by ____________________________on ______________, 2005.
Mark W. Baker, Chair