Board of Health
June 30, 2005
5:00 p.m.
Members Present: Mark Baker, Dan Brown, and Duane Gregory
Members Absent: None
Health Agent: Jane Evans
Health Inspector: Vacant
The
meeting was called to order at 5:10 p.m.
AGENDA
Public Comments
- Diane Corbo addressed
the Board about her on-going concern with George Bryant’s property. She
noted that it had been one year since she last addressed the BoH on this
matter and that rather than things getting better, it is evident that Mr.
Bryant’s “dump” is getting worse. With the lack of a Health Inspector, Mr.
Bryant has not been issued a ticket since February 2005. Ms. Corbo noted
that recently unmarked cars are being parked in the Angel Foods parking
area for repairs. She noted that 9’ of debris has now accumulated along
all the fences and was again encroaching upon the Angel Foods parking
area. She urged the members of the BoH to drive by to witness first-hand
the situation. She also noted that she now has documented, written proof
of the loss of income from renting her upstairs apartment (a loss of $1200
per week rented). She noted that the Town has within its power to order a
DPW clean-up of the property and place a lien against the property for
payment of the removal of the debris and wonders why that step has not
been taken. She also wondered why the ZBA and Building Commissioner have
not cited this property for being an illegal dump. She realizes that the
DRM is understaffed at present, but pleaded with the Town to take action.
She also noted that this is not personal; she likes Mr. Bryant – but
thinks that this may be the result of a mental disorder.
- The BoH allowed Health
Agent Jane Evans to respond. Jane stated that just today she ticketed Mr.
Bryant and took pictures for the on-going litigation that the Town is
pursuing against Mr. Bryant. The next scheduled court dates are July 28-29th.
Hopefully some resolution will come from that.
- Richard Ferri, PhD
stated that he too lives in close proximity to Mr. Bryant’s property and
believes that it has indeed become a “dump.” He believes that this is a
matter of public health as he believes rodents are present in the dump
heaps. He called the situation “horrendous.”
Old Business
41 Off Cemetery Road
– Appeal BoH Decision
William Rogers, his wife Ruth, and Environmental
Specialist Paul Shea appeared to present Mr. Rogers’ case to the Board. Mr.
Rogers reminded the BoH that in 2001 there was a fire at their home. On March
8, 2001, he appeared before the Board and received permission for a voluntary
upgrade to his septic system in conjunction with the repair to his home from
the fire damage. However, in June 2001 Mr. Rogers became involved in a family
lawsuit that kept him from pursuing the septic system upgrade. That lawsuit was
finally settled in January or February 2005 and the septic system upgrade
design was then completed.
However, in the interim, The BoH had passed a new
regulation stating that if a septic system was to be located within 100’ of a
wetland, then alternative technology needed to be used. However, he noted that
the new regulation did allow for a case-by-case determination – hence, his
appeal to the BoH’s decision made at its June 3rd meeting (which he
apologized for not attending; he was under the impression that his case was
going to be heard at the June 16th meeting).
Mr. Rogers noted that since the June 16th
BoH meeting was cancelled due to a lack of a quorum, he proceeded to go before
the Conservation Commission with Mr. Shea at its June 21st meeting
to present his septic system upgrade plan. Mr. Shea stated that the ConCom had
granted this project a “negative 3 determination,” which meant that they saw no
problem with the proposed system that was originally submitted to the BoH on
June 3rd. The basis of ConCom’s decision was that the wetland in
question is a site-regulated, isolated wetland and not a state/DEP regulated wetland. Citing that this was a voluntary
upgrade, ConCom voted in favor of the proposed plan.
Mr. Rogers also noted that his proposed system is
12’ above high ground water and about 61’ from the site-regulated, isolated
wetland.
Jane Evans noted that this was indeed new
information about the type and delineation of the wetland, and that she agreed
that no ground water issues were apparent in the area of the proposed system.
Motion: Mark Baker moved and
Duane Gregory seconded a motion to continue this case to the July 7th
meeting to allow time for Mr. Rogers to submit to the Board and the Health
Agent all the pertinent information from Mr. Shea and the minutes of the ConCom
meeting; the Board would study the information and take the case up again at
its next meeting. Vote: 3-0-0.
New Business
L. Douglas Freeman -
New Temporary Tattoo Artist License
Mr. Freeman noted that he had submitted to the
Health Agent proof of liability insurance and noted that the policy would be
renewed – along with all the other policies on his establishment – by the
8/9/05 expiration date. Mr. Freeman noted that he would be using a new form of
temporary tattoo that utilizes alcohol-based paint. He would still adhere to
the 18-year old restriction of the BoH’s regulations and utilize the stipulated
Release Form. He assured the Board that the product was 100% safe.
Jane Evans noted that the proof of
insurance had been provided as well as the product information. She concurred
that the product was safe and that Mr. Freeman possessed the required training
necessary to apply the temporary tattoos.
Duane Gregory asked if his
establishment had complied with ceasing to operate their Oxygen Bar – per the
state’s orders. Mr. Freeman acknowledged that he had.
Motion: Duane Gregory moved and Dan Brown
seconded a motion to approve Mr. Freeman for a temporary tattoo artist license.
Vote: 3-0-0.
Kristin Grella - New Massage Therapist License
Jane Evans said she has the applicant’s paperwork
and all is in order. Mark noted that her insurance certificate expires today.
Motion:
Dan Brown made a motion and Duane Gregory seconded it to approve the LMT
license with one condition that proof of a renewed insurance certificated must be
presented to the Health Agent. Vote: 3-0-0. Mark then reminded the
applicant that outdoor massage is not allowed in the Town of Provincetown – she
acknowledged that.
25 Pearl Street – Title 5 Variance Request
Mr. Jason Ellis presented
the case on behalf of the owner, James Patrick. He noted that in preparation of
a possible property transfer (the property is currently on the market), the
owner was taking the pro-active step of complying with the new BoH regulation
to upgrade his two cesspools to a Title 5 system. He further noted that a flow
barrier would be installed (Plan Note #13). Duane led a discussion wishing to
have a specific time limit placed into the motion so that the upgrade would
indeed take place.
Jane
noted that given the limited space on the lot, this “split” system appears to
be the best possible solution.
Motion: Duane Gregory moved
and Dan Brown
seconded a motion to approve the 4/15/05 plan for 25 Cottage Street with the
requested variances with the following four conditions:
1.
A deed restriction limiting
the number of bedrooms on the property to the existing three be filed with the
Barnstable County Registry of Deeds;
2.
Every effort be made by the
designer and installer to relocate the above-grade exit line to below-grade;
3.
All precautions be taken to
protect the foundation and shed on parcel 87; and
4.
That the system be installed
and a Certificate of Compliance be issued no later than 60 days after the
property transfer closes.
Vote: 3-0-0.
10 Washington Street – Title 5 Variance Request
Reggie Donoghue of Coastal Engineering presented the
case on behalf of the owner, Vernon Brown. He noted that this property consists
of a 6-bedroom dwelling with four additional 1-bedroom cottages on the lot. He
noted that where required by the Water Dept. all water lines would be sleeved
appropriately as noted on the plan. He also drew attention to the town drainage
system that ran down the middle of the property and that his design had allowed
for access to this should the town need to repair it. He further noted that
although state Title 5 regulations allow for a 50% reduction in the SAS if
alternative technology (enhanced nitrogen removal system) is used, his plan
only called for a 37% reduction with the use of this technology.
Jane Evans noted that due to the
small lot size, coverage on the lot, and the town drain system, this plan
appears to be the only location for the new system.
Motion: Dan
Brown moved and Duane Gregory seconded a motion to approve plan
C16507.00 dated 5/20/05 for 10 Washington Avenue with the condition that a deed restriction limiting
the number of bedrooms on the property to the existing ten be filed with the
Barnstable County Registry of Deeds. Vote: 3-0-0.
Discussion – Harbor Committee Concerns
Unfortunately, no member of the Harbor Committee was in attendance.
With the Board’s consensus, Mark will contact the Chair of the Harbor Committee
and ask that they come to the next meeting if they still want to discuss issues
of possible mutual concern.
Approval of Minutes for June 2, 2005
Unfortunately, no minutes were in
the Board’s packets; therefore, a vote on the June 2nd minutes will
take place at the July 7th meeting.
Any other business that shall properly come before the Board
- Board Applicants: Richard Ferri, PhD,
ACRN, CNP and Geraldine (“Jerry”) Anathan appeared before the Board to
discuss their interest in becoming members. Dr. Ferri noted that he had
served on the BoH for 5 years under Annie
Howard. Jerry noted her business dealings in town and her eagerness
to learn in order to serve the town. The Board thanked both these
applicants for their interest and told them they would be contacted. The
applicants then left the premises.
- Motion: Mark
Baker moved and Duane Gregory seconded a motion to approve
Geraldine (“Jerry”) Anathan for the term that expires on 12/31/07. Vote:
3-0-0.
- Mark then entertained
a motion to approve Dr. Ferri; no motion was forthcoming. In the Board’s
opinion, no motion was forthcoming due to Dr. Ferri’s inappropriate and
vulgar outburst directed toward an applicant at this meeting while the
applicant was addressing the Board, in addition to the insincere and
inappropriate reason Dr. Ferri gave for wishing to join the BoH.
- MA Association of Health Boards: With the consensus of
the Board, Mark asked Jane to handle the paperwork and check request to
renew the Board’s membership in this state association.
- Ron Hazel/Spank the Monkey: Jane noted that since
the Cease & Desist Order had been given, no further body piercings
appear to be taking place at his establishment.
- Dr. Cheryl Andrews’ Wish: Dr. Andrews expressed
to Mark her desire that the BoH consider a regulation that would address
the concern that some food businesses in town provide food for sit-down
consumption, but do not provide a restroom for their patrons. This, she
states, is in conflict with the plumbing code – especially those hooked
into the town sewer. The Board asked Jane to confer with the Building
Commissioner on the regulation concerning dining seats and toilet
provision, and come back to the Board with additional information. Dr.
Andrews had suggested tying a change of use into the provision for at
least one toilet on these premises.
- Citizen Complaint vs. The Patio: A citizen had complained about the outdoor food
preparation at this new restaurant. The Board agreed with Jane that they
had not been licensed for outdoor food preparation (e.g., a brunch omelet
station) and that until such a license be granted, this should not be
allowed.
- 12 Cottage Street: Mark inquired about a
complaint that he had received regarding the possible illegal hook-up of a
shed to a septic system. Jane had visited the property and indeed the shed
in question was being remodeled – without a permit – to contain a toilet
and a small kitchen. It had also been illegally connected to a new septic
system on the property. Jane posted a “This is not a Habitable
Dwelling” sign issuing a Cease & Desist Order and has advised the DRM
staff of the need for a building permit. Jane also noted that she believes
that this renovation is in violation of zoning regulations (i.e., too many
structures on one lot).
Health Agent’s Report
Jane said that she continues to be extremely busy,
given no Health Inspector assistance. Three beach closings were followed the
next day by three beach openings (count went from 400 down to 2). Town staff is
gearing up for Phase II of the sewer – the first step being flow assessments.
Jane may be assisting in Phase II depending on the Town Manager’s on-going
assessment of need. Jane also noted the flier in our packets pertaining to the
Avian Flu.
At 6:42pm, Jane asked that the Board vote itself
into Executive Session to discuss a confidential issue.
Motion: Duane Gregory moved
and Dan Brown
seconded a motion to adjourn to Executive Session. Vote: 3-0-0.
Motion: At 6:52pm, Mark Baker moved and Dan Brown seconded a
motion to come out of Executive Session. Vote: 3-0-0.
Mark
Baker, as Chair, maintained the minutes for the above referenced
Executive Session.
Board Members’ Statements
Dan Brown noted a
June 19th article in The
Boston Globe addressing the efforts to combat Rabies on the Cape. He also
noted an article in InNewsWeekly
about the reporter, Steven Desroches’ experience with contracting lyme disease
while on the Lower Cape, noting that this disease is reportable and there
currently is no vaccine. Dan thought that The
Banner may want to do an informational article about the risks of lyme
disease given the prevalence of ticks on the Cape this year. To conclude, Dan
inquired who at DPW should be contacted about the apparent misplacement or missing
town garbage cans that last year were located at the end of Pearl Street at
Commercial and at the end of Masonic Place. Jane noted that the person to
contact would be Sandy Turner at DPW.
Mark
Baker asked if any member of the Board took issue with his June 22nd
letter to the Board of Registration in Medicine concerning the community’s need
to have the investigation concerning Dr. Alberts brought to a conclusion as
soon as possible. Mark explained that he had meant to bring this to the Board’s
attention at the June 16th meeting, but when that meeting was
cancelled, he went ahead and sent the letter. Given the intent and wording of
the letter, neither Duane nor Dan shared the Board of Selectmen Chair’s
concerns about the possible inappropriateness of this letter coming from the
Board of Health’s Chair.
Duane
Gregory had no comments.
The meeting adjourned at
7:02 pm by a 3-0-0 vote of a motion made by Mark Baker and seconded by Duane
Gregory.
Respectfully
submitted,
Mark W. Baker
Board of Health Chair
Approved by ____________________________on ______________, 2005.