Provincetown Board of Health
Public Meeting
Thursday
October 6,
2005
5:00 p.m.
Members Present: Dan
Brown, Matt Damon, Duane Gregory, and Ken Janson
Members Absent: Jerry
Anathan and Rick Ferri (both excused)
Health Agent: Jane
Evans
Health Inspector: Brian Carlson
Meeting
called to order at 5:00 p.m.
AGENDA
Public Comments
There
were none.
Motion: Take Old Business out of
order and place after New Business in order to speed the presentations of those
in attendance.
Motion by
Duane Gregory Seconded by Ken
Janson Unanimous.
New Business:
Rolf
Solbach
New
Massage Therapist
Dan
Brown stepped down. Rolf had been
previously approved. The Health
Inspector recommended approval. Mr.
Solbach does have a copy of his insurance that he received today. Duane Gregory noted that he needs 3 letters
of recommendation but has only one. He
wondered who would provide the letters and what would be the subject of
them? He was patiently told that the
letters of recommendation are usually from people that you’ve worked for or
with. Something that relates to the
business you anticipate going into.
Motion: Ken Janson recommended
approval of the massage therapist license for Rolf Solbach with the condition
that two more letters of recommendation must be received before the license is
granted. Matt Dillon seconded the
application and it was approved 3-0-0.
12A Pleasant Street
Title
5 Variance
Jason
Ellis presented the case to the BoH.
Duane Gregory disclosed that her office was involved in selling the
property to the owner in the past. No
one objected to having her sit in on the case.
The property is currently served by 3 cesspools and the installation of
a Title V is voluntary.
Motion: Approval the plan dated July 25, 2005 with
the variances as requested with the following condition:
1.
A deed restriction for three
bedrooms must be recorded at the Barnstable County Registry of Deeds with proof
of the recording presented to the Health Agent prior to obtaining the septic
system installation permit.
Motion by Dan Brown Seconded by Ken Janson Vote 4-0-0.
290A Bradford Street
Title
5 Variance
Jason
Ellis presented the case on behalf of Clarence Moten & Nelson Newton. Jason said that the property is served by a
single cesspool and he chose the location because of extensive landscaping on
the property. Jonathan Sinaiko is an
abutter and he wondered how he would be affected by the set back requirement to
a cellar wall on his property should he decide to build on that area of his
property. The Health Agent informed Mr.
Sinaiko that presently Title V doesn’t necessarily work in reverse (i.e. if he
applies for a permit to construct a dwelling with a full foundation, he would
have to conform to distance from his property line and the abutter’s septic
wouldn’t be considered.
Motion: A motion was made to approve the October 5,
2005 plan as revised for 290A Bradford Street with the following conditions:
1.
a deed restriction limiting
the number of bedrooms to the existing two must be recorded at the Barnstable
County Registry of Deeds.
2.
Proof of the recording must
be provided to the Health Agent prior to the issuance of a septic system
installation permit.
3.
The waterline is to be
sleaved with a 150 pressure test pipe.
Motion by Matt Dillon Seconded by Dan Brown Voted 4-0-0.
6 Duncan Lane
Title
5 Variance
Jason
Ellis presented this case on behalf of Elizabeth Mackin, the owner. Duane disclosed that she actively sells real
estate and the property is listed on the Multiple Listing Service. She asked if anyone had any objections to
having her sit on the case? There were
no objections. Jane Evans, the Health
Agent, said that this is obviously a better solution than the current cesspool
which is located within 50’ of a wetland.
The Board has granted this type of variance for other existing
properties. This entire property is
within 100’ of the isolated wetland.
Safeguards such as those suggested are more for harbor-related
properties where bathing and shell fishing take place and not specifically for
a non-contributing isolated wetland.
Mr. Ellis stated that this wetland is basically a small swamp where
concerns are more likely to be around phosphorus rather than nitrogen. Obviously nitrogen removal does not address
phosphorous. Jonathan Sinaiko said
that the abutters are concerned that it might be used for more than 1 bedroom.
The
abutters from Parcel 109 were very concerned about the installation of the
septic system at 6 Duncan Lane. They
said they had never been notified yet they owned the property directly next
door at 4 Duncan Lane. (The reason they
were not notified is that the Town mailed the notice to their Quincy address
which they no longer live but never notified the Town of their change of
address.) Their concern about wanting
to make sure it was only ONE bedroom was addressed. The owners could possibly use the room over the garage as an
accessory use studio. It can never be
rented out and/or used for a habitable dwelling or bedroom. The potential use of the garage will only be
for accessory use.
Motion: Approve the plan for a septic system
installation for 6 Duncan Lane with the following conditions:
1.
A deed restriction limiting
the number of bedrooms to the existing one be recorded at the Barnstable County
Registry of Deeds.
2.
Proof of the recording is to
be provided to the Health Agent prior to release of the septic system
installation permit.
Motion by Duane Gregory Seconded by Ken Janson Voted 4-0-0.
Motion: Dan Brown made a motion and Ken Janson
seconded it: Hear 154 Commercial Street
property which wasn’t on the initial agenda.
It was agreed to unanimously.
Duane
Gregory stepped down from the case. Len
Bowen, the owner of Harborside Realty has the property (154) up for sale. The owner of the property wishes to sell the
property but it has a flawed septic system.
He was told that the pipes leading into the septic tank were installed
incorrectly and are too low. The seller
would ideally like to be hooked into the sewer by virtue of an ACO. The Health Agent said that an ACO cannot be
recommended since they don’t have a failed septic system. A sale would trigger an inspection and
if it could be fixed
it wouldn’t be deemed failed. These
problems can be fixed with a repair.
Len
Bowen thanked the BoH for their time and valuable input.
Delinquent Sewer Hook-ups
Jonathan
Sinaiko, Chair of the Water & Sewer Board said that it has been requested
that the BoH issue an order for these red-dot delay people to connect within a
specific period of time with suggested fines of $200/day if they don’t
comply. Dan Brown felt that this was a
simple issue; these people agreed to hook-up.
Jonathan has backed off on fines mainly because they represent a civil
issue and thus are not enforcable. Jane
has copies of letters that have been sent to these people over a period of time
(as in for the past year)!
Specific
properties were discussed and the W&S Board felt that if the BoH were
involved then it would put teeth in their enforcement. If the BoH demands hook-ups and the people
don’t comply then this becomes a criminal issue. Duane Gregory suggested that she’d like to hear from legal
council whether these proposed fines for non-compliance can be rescinded, if
the Board should so choose, after they are levied.
The
Health Agent suggested a letter to the red-dots giving them 7 days to appeal
and/or the same 7 days to name a contractor and 14 days to hook into the
sewer. The Health Inspector wondered -
what if someone who is destitute comes before the Board?
Motion: Continue this discussion until the next
meeting pending the Health Agent investigating what the BoH’s legal
responsibility is and specifically whether or not we can rescind the fines once
they are mandated.
Motion by Duane Gregory Second by Dan Brown Voted 4-0-0.
Discussion:
Jonathan
Sinaiko said that we’re at the point where the BoH has to come to the aid of
the Health Agent to say that we need help.
We are volunteer committees and we shouldn’t just be ignored. Decisions are made in town hall that affect
our boards. There was a facilitated
meeting where the W&S Board was not notified but were magnanimously allowed
to speak. They receive no thanks and/or
recognition from the BoS or the Town Manager for their many hours of
volunteerism. Dan Brown said he just
resigned from the BoH for that very reason.
Public Outreach
This
subject was continued until the next meeting.
Brian and Dan want to have monthly newsletters to outreach and tell the
townspeople that they have their best interests at heart. He wants to put a friendlier face on the
Board. Brian was willing to do it. DG said, “let’s continue it.” It was a pet project of Dan’s.
Old Business:
Bathing Beach Water Quality
The
HA felt Barnstable County Lab’s help was cost prohibitive. The Truro Lab would do it for a much more
reasonable cost. Unfortunately Jane
doesn’t have the time – she’s on only 3 days a week.
Septage Study
Dan
Brown noted that this septage study had been fought for in two town meetings in
a row. There was $20K appropriated to
study whether septic haulers would be able to put septage directly into the
sewer plant. Unfortunately the Town
Manager chose to take the money and put it into the General Fund. Duane Gregory said that perhaps the BoH can
do a memo to the W&S Board and request an update on the “septage study”
which has yet to take place.
Approval of
Minutes for August 16, 2005
Motion: Approve the minutes for the August 16th
meeting with the attachment included.
Motion by
Duane Gregory Second by Dan
Brown Voted 4-0-0.
Approval of Minutes for
September 1st, 2005
Motion: Approve minutes of the September 1st,
2005 meeting.
Motion by Duane Gregory Second by Dan Brown Voted 4-0-0.
Approval of Minutes of
Public Hearing of September 15th, 2005.
Motion by Ken Janson Seconded by Matt Dillon Voted 4-0-0.
Any other
business that shall properly come before the Board
There was a great deal of conversation among the Board members regarding having the Health Agent’s position reduced to part time. Dan Brown feels the timing is poor. As we’re now seeing, it does affect our ability to handle certain issues. Jane said that she has yet to be informed in writing that she is only part time. Jane has requested that this reduction be put it into writing. This request has not been fulfilled. Duane Gregory said that it’s imperative that we have a full-time HA.
Dan
Brown has resigned from the BoH. His
resignation was prompted primarily
because of the frustration of being Chair and not getting the support, respect,
and/or recognition from the BoS or the Town Manager. He further feels that there is a culture of arrogance and
disregard and it surprises him that anyone would want to chair a board.
Duane
would like Dan to reconsider and she feels he has good skills for the chair. Personally she is not interested in being
chair. She would like to urge Dan to
stay on. And maybe his comments can get
these attitudes changed.
Dan
also wanted the Board to know that his resignation has nothing to do with the
new appointment to the Board. DB hopes
he will not be black-balled if he opts to come back on the BoH.
Duane
commented that often Board of Health’s are elected and this kind of
circumstance is a good indicator that the BoH maybe should be an elected
group. In an elected Board, the Health
Agent, in essence, works for the Board.
Matt
wishes Dan to reconsider – he joined the board because of Dan.
Health Agent’s and Health Inspector’s Reports
Health
Agent said that she’s part time and doesn’t have a lot to say. I have been so lucky to have wonderful board
members and board chairs. She further
said that she enjoyed coming to every one of their meetings.
Board Members’ Statements
Duane
Gregory said that she will be resigning from the Board as well in the near
future. She has wanted to for some time
now, but hung in there until there was a full board. For now, as Vice Chair, she’ll run the nest meeting.
Ken
Janson would like to think about the Chairmanship.
A
sad adjournment happened at 7:10 p.m.
Respectfully
submitted,
Evelyn Gaudiano
Evelyn Rogers Gaudiano
Approved by ____________________________on ______________, 2005.
Duane Gregory, Vice Chair