Provincetown Board of Health

Public Meeting

Thursday, September 1, 2005

5:00 p.m.

Members Present: Jerry Anathan, Dan Brown, Matt Damon, Duane Gregory, and Ken Janson

Members Absent: None

Health Agent: Jane Evans

Health Inspector: Brian Carlson

PUBLIC COMMENTS

Linda Ersoy, owner of Waydowntown, addressed the Board about the need for additional public restrooms. She reported that she has occasionally been verbally and physically attacked when she tells members of the public that the restaurant’s restrooms are for customers only. She has also been fined by the town for posting signs to the same effect. Her water bill last year was $12,000, part of which she attributes to non-customers using her restrooms. She asked the Board if she has to supply restrooms to her take-out customers or just to customers in the dining room. Ms. Ersoy also asked that the public restrooms stay open longer. She noted that they close well before 2:00am, which is when the town closes down.

Harbormaster Rex McKinsey offered his assistance with water-quality testing in the harbor. He noted that perhaps the lab at the sewer treatment plant could be used to help with the testing. He also reported that his office has been encouraging pumpouts and have increased their hours of operation for the service.

NEW BUSINESS

Fred Ambrose

New Septic System Installer

Mr. Ambrose informed the board that he is actually returning as a septic system installer after a hiatus. He noted some of the properties for which he had previously installed systems.

Motion: Duane Gregory offered a motion to approve a septic system installer license for Fred Ambrose. Jerry Anathan seconded the motion and it passed 5-0-0.

12A Mechanic Street

Title 5 variance

Duane Gregory stepped down. Maureen Finley, from Schofield Brothers, presented the plans on behalf of the owner, Frank Anderson. Ms. Finley explained the design of the system and pointed out the small lot size. The property is currently served by a cesspool. The upgrade is voluntary.

The Health Agent also noted the design restrictions due to the small lot size and reported that the location was the most appropriate given the size of the lot. She also noted that none of the requested variances were environmental. She recommended approval with a deed restriction limiting the property to the existing two bedrooms.

Motion: Ken Janson offered a motion to authorize a septic system installation permit for 12A Mechanic Street (plan dated August 4, 2005 and revised August 18, 2005) subject to the condition that a deed restriction limiting the property to two bedrooms be recorded at the Barnstable County Registry of Deeds and that proof of the recording be submitted to the Health Agent. Jerry Anathan seconded the motion and it passed 4-0-0.

Duane Gregory then re-entered the room.

44 Pearl Street

Title 5 variance

Gary Locke, representing William N. Rogers, presented the plans on behalf of the owners, Harlan J. Streib et ux. The property is currently served by two cesspools. The upgrade was triggered by renovations to the property.

The Health Agent recommended approval subject to submission of floor plans and with a deed restriction limiting the property to the existing three bedrooms.

Motion: Jerry Anathan offered a motion to authorize a septic system installation permit for 44 Pearl Street (plan number P-05-1269B) subject to the following conditions:

· that floor plans for the renovations showing no more than three bedrooms on the property be submitted to the Health Agent

· that a deed restriction limiting the property to three bedrooms be recorded at the Barnstable County Registry of Deeds and that proof of the recording be submitted to the Health Agent.

Duane Gregory seconded the motion and it passed 5-0-0.

Deanna M. Fraschilla

Request for appeal on revoking of licenses

Dan Brown stepped down. Duane Gregory took over as chair. Ms. Fraschilla entered the room with a video recorder and attempted to start interviewing the members and staff present at the table. Duane informed her that the board was conducting a meeting where she was the petitioner and she would have to have someone else video tape so that the issue at hand could be discussed. Duane also explained the format of the session, pointing out that each person would be allowed no more than five minutes to speak.

Ms. Fraschilla began by saying that she felt there had been a major miscommunication and that she is in absolute disbelief that this is happening to her. She pointed out that she has all her insurance and has completed loads of paperwork. She further explained that she lives at the location and, therefore, should be able to lock her door when she wants to take a shower. After telling the Board about a number of personal issues, including the recent death of her nephew and an encounter with the Provincetown police (both unrelated to this matter), she noted that she does, on average, 67 massages the week her licenses were revoked and that the money from those massages allows her to do charity work. She claimed that she had done everything right and had filed everything that was needed, so she can’t understand why her licenses were revoked. She concluded by asking the Board to “restore Provincetown’s soul.”

Wes Brown then spoke in support of Ms. Fraschilla, noting that he has known her for some time and watched her progress. He has never known her to be dirty. He continued, saying that she definitely has her own personality and her own ways, which sometimes make her appear to be crazy, but that her personality is what “drives her force.” He added, “Whether right or wrong—Deanna did what she had to do” and commented that the issue was about the bubbles in the street. He asked that she just be informed of what needs to be done to put things in order. Mr. Brown concluded by pointing out that people would not be going to her if they thought she was dirty.

Another supporter, Susan Barrett, then spoke. She told the Board that she has known Deanna for a very long time and that she wouldn’t have the client volume she has if she didn’t conducted her business properly.

Ken Janson told Ms. Fraschilla that the original investigation was triggered by a complaint to the Building Commissioner about her personal hygiene. Wes Brown then asked if there is always an investigation when someone calls. Short answer: Yes.

The Health Agent then walked the Board through the events leading up to the August 16 emergency meeting, pointing out that she and the Health Inspector were denied access to the property.

Jerry Anathan asked the Health Agent if she noticed any unsanitary problems at the location. The Health Agent did not see any evidence of an unsanitary atmosphere, but did note that the massage area was not accessible.

The Health Inspector then said that there seemed to be a lot going on in Ms. Fraschilla’s life, evident by the commotion occurring when he and the Health Agent arrived. He also stated that Ms. Fraschilla denied them access to the premises.

The Building Commissioner told the Board that he had tried to meet with Ms. Fraschilla and that he thinks it’s a tragedy that the situation escalated to the level that it did. Unfortunately, he said, he wasn’t at the original BoH meeting when the license was revoked. He thinks it’s a very big step to put someone out of business and could not think of a time when the town had done so.

The Health Agent said that not allowing access to the property by the Health Department cannot be allowed.

The Building Commissioner added that he and the Health Agent had discussed the validity of the anonymous complaint and concluded that they had no choice but to investigate.

Ms. Fraschilla then claimed that someone had been stalking her and that the stalker had removed from her door the emergency meeting notice because the stalker didn't want to upset her. Ms Fraschilla then presented a three-page, unsigned, typed statement to the board members (attached).

Duane Gregory then concluded the hearing. She explained that the only course of action was for a Board member who voted in favor of revoking Ms. Fraschilla’s licenses to make a motion to reconsider the vote. No motion was offered. Duane then explained to Ms. Fraschilla that any subsequent appeal would have to be made to Barnstable Superior Court.

Dan Brown then re-entered the room and took over as chair.

The Health agent, who had come in for the meeting while on vacation, left the meeting.

APPROVAL OF MINUTES

Motion: Duane Gregory offered a motion to approve the minutes of the July 21st meeting. Jerry Anathan seconded the motion and it passed 3-0-0. (Ken Janson and Matt Damon did not participate in the meeting and, therefore, were not eligible to vote.)

Motion: Jerry Anathan offered a motion to approve the minutes of the August 4th meeting. Duane Gregory seconded the motion and it passed 3-0-0. (Ken Janson and Matt Damon did not participate in the meeting and, therefore, were not eligible to vote.)

Motion: Duane Gregory offered a motion to approve the minutes of the August 16th emergency meeting. Ken Janson seconded the motion and it passed 3-0-0. (Jerry Anathan and Dan Brown did not participate in the meeting and, therefore, were not eligible to vote.)

HEALTH AGENT’S AND HEALTH INSPECTOR’S REPORTS

No report from the Health Agent.

The Health Inspector informed the Board that he had included in the meeting packets a number of reports and materials, including a report on beach closings and a report on recent investigations into possible food poisonings. Bathing beach water sampling by the county has ended for the year. Two of the food poisoning cases were judged to be isolated incidences. A third case is still being investigated.

BOARD MEMBERS’ STATEMENTS

Ken Janson mentioned his desire to see the Board tackle the harbor water quality issue in earnest this winter.

ADJOURNMENT

Motion: Duane Gregory offered a motion to adjourn. Dan Brown seconded the motion and it passed 5-0-0. The meeting was adjourned at 6:10pm.

Respectfully submitted,

Evelyn Gaudiano

Evelyn Rogers Gaudiano

Approved by ____________________________on ______________, 2005.

Dan Brown, Chair