Provincetown Board of Health
Public Meeting
Thursday
November 3,
2005
5:00 p.m.
Members Present: Jerry
Anathan, Matt Damon, Duane Gregory, and Ken Janson
Members Absent: None
Health Agent: Jane
Evans (excused absence)
Health Inspector: Brian Carlson
Meeting called to order at 5:00 p.m.
AGENDA
Public Comments
Barbara
Rushmore brought in a newspaper article from the Cape Cod Times dated 10/18/05 “When
quitters are the real winners.”
Barbara has been a strong voice on promoting smoking cessation. She would like the BoH to send a memo to
every place where cigarettes are sold cautioning them about selling to
minors. It is illegal to do in the
Commonwealth. She would also like
something from the BoH to alert parents, too, as well as stores. She thinks the BoH should have some kind of
program. If there is no money for
smoking cessation then ask through an article at the next town meeting. The programs are really quite successful.
She would appreciate anything that the BoH could do. Many thank-yous from Barbara.
Also, if the BoH won’t sponsor an article then she will.
Public Hearing
Fall Town Meeting Warrant
Article 1.
Wastewater Optimization and Expansion
Motion: The BoH moved to support Article 1.
Motion by Ken Janson Second by Jerry Anathan Vote 4-0-0.
Article
4. Zoning By-law Amendment.. Surplus
Gallonage Pool
Motion: The BoH moved to support Article 4.
Motion by Matt Damon Second by Jerry Anathan Vote 4-0-0.
New Business
6 Nickerson
Street
Title 5
Variance
Alan
Cabral presented the case on behalf of the owner, Paul C. Aanonsen. Duane
Gregory and Ken Janson each disclosed that they are abutters. There was no objection to the two sitting on
the case. Alan said it’s an upgrade to
2 cesspools. Several variances are
needed but all are “garden variety.”
For the most part, Alan said, it is a straight forward upgrade. The Health Agent’s recommendation was read
into the record.
Motion: Approval the septic plans for 6 Nickerson
Street with the following conditions:
1.
A deed restriction filed
with the Barnstable County Registry of Deeds limiting the dwelling to the
existing three bedrooms.
2.
The proof of the above
recording must be presented to the Health Agent prior to the issuance of a
septic system installation permit.
Motion by Ken Janson Seconded by Jerry Anathan Vote 4-0-0.
34 Snow’s Lane
Title 5 Variance
A request was received to postpone this case until
the December 1st meeting.
21 Dewey Avenue
Title 5
Variance
The
case was presented by Donald W. Moncevicz, the engineer for the property. He was representing the condominium
complex. The Galloways, who are condo
owners, were also in attendance. Mr.
Moncevicz brought in revised plans as requested by our Health Agent, Jane
Evans. They were revised on November 2nd. A 25% reduction is required as a variance
and Mr. M. said he tried doing the plan several ways and a full septic is just
not feasible on this lot. He also said
the delay in submitting this was due to the fact that no one seemed to have any
valid records on water lines – or anything else. He had to crawl under each building and discover where the soil
and water lines were! Each of the units
will now have their own water meter and the title V will have to be elevated in
order to maintain four feet from the ground water.
Following
the recommendations made by the Health Agent, the following motion was made:
Motion: Approval is recommended with the following
conditions:
1.
A deed restriction must be
filed with the Barnstable County Registry of Deeds limiting the number of
bedrooms to the existing fourteen.
2.
This deed restriction must
be against the master deed and proof of the recording must be provided to the
Health Agent prior to the issuance of the Septic System Installation Permit.
3.
This system must be installed
by December 3, 2005.
Motion by Matt Damon Seconded by Ken Janson Vote
4-0-0.
(The
applicants were told that if they should run into problems, they could be in
touch with Jane Evans. The meeting of the BoH prior to their deadline will take
place on December 1st if they need to update the BoH.)
7 Conway
Street
Title 5 Variance
Emily Beebe represented the Howe’s. Emily explained the plan to the board and the following motion was made:
Motion: Approval of the septic system with the
following conditions:
1.
A deed restriction filed
with the Barnstable County Registry of Deeds limiting the dwelling to the
existing two bedrooms.
2.
The proof of the above
recording must be presented to the Health Agent prior to the issuance of a
septic system installation permit.
Motion by Ken Janson Seconded by Jerry Anathan Vote 4-0-0.
8 Priscilla Alden Road
Title 5 Variance
Alan
Cabral presented the case for the
owners, Vicky Keith and Madeliene Abling.
No abutters were heard from.
Motion: Approval of the septic system with the
following conditions:
1.
A deed restriction filed with the Barnstable County Registry of
Deeds limiting the dwelling to the existing two bedrooms.
2.
The proof of the above
recording must be presented to the Health Agent prior to the issuance of a
septic system installation permit.
Motion by
Jerry Anathan Seconded by Matt
Damon Voted 4-0-0.
520 Commercial Street
Title 5 Variance
Alan Cabral presenting again. This plan is for a small lot with limited
space and very limited access. Lot is
flat in back. It will have to excavated
by hand with wheelbarrows. The owners
Sara Cole & Darmuid O’Neill are
very interested in tying into the sewer. His neighbor, Dr. Livingston, wants no part of tying into the
sewer. Maybe O’Neill could tie in
instead of Dr. Livingston? This will be
explored.
Motion: Approval of the septic system with the
following conditions:
1.
A deed restriction filed with the Barnstable County Registry of
Deeds limiting the dwelling to the existing four bedrooms.
2.
The proof of the above
recording must be presented to the Health Agent prior to the issuance of a
septic system installation permit.
Motion by Ken
Janson Seconded by Jerry
Anathan Voted 4-0-0.
7 Atlantic
Avenue
Title 5 Variance
Alan
Cabral presented the proposed plan to the BoH.
His variance requested a 19.3% reduction in the leach area. Alan
said he can sympathize with the previous engineer who told about how difficult
it is to locate water lines. There are
floor plans that Jane had asked for.
(Duane Gregory commented that the floor plans didn’t even have
measurements on them.) There should be
no questions on bedrooms since Alan did a walk-thru. Duane was still
uncomfortable because of the vagueness of the floor plans and the fact that the
Health Agent had not done a walk-through.
Motion: Approval of the septic system with the
following conditions:
1.
A deed restriction filed with the Barnstable County Registry of
Deeds limiting the dwelling to the existing four bedrooms.
2.
The proof of the above
recording must be presented to the Health Agent prior to the issuance of a
septic system installation permit.
Motion by Matt
Damon Seconded by Jerry Anathan Voted 4-0-0.
Motion: take the following case out of order Voted: 4-0-0.
7 Commercial
Street
Administrative Consent Order
Duane
Gregory spoke to one of the 9 condo owners, Doug Kraner. Due to a technicality he is seeking an ACO
due to ground water. Jane has
recom-mended approval - they have old
code septics. The closing on his condo
was supposed to be tomorrow and the bank wouldn’t move without an ACO. He was inspected on September 17th
and the BoH regulations require that this is in a technical failure. The only way to make it compliant would be
to have an elevated system. The owner
feels that the buyers used it as an excuse to get out of purchasing the condo;
he cited the economy, etc. All of the
owners have come together and are anxious to hook-up. “Do we need to have a septic designed to prove that we need a
hook-up?” That was not deemed
necessary.
Motion: The BoH highly recommends an ACO for 7
Commercial Street. (The BoS now has the
final say in ACOs)
Motion by Duane Gregory Seconded by Matt Damon Voted 4-0-0.
Septic Installation O.K.s
Maxine
Notaro addressed the BoH on the behalf of the engineers who are held up by the
unavailability of the town’s Health Agent, thus she asked for a ruling on
others who could O.K. installations.
After much discussion, the following motion was made:
Motion: In the event of the absence of the Health
Agent, provided there is an engineer’s certification of the system, title V
septic system installations may be approved by the Building Commissioner, the
Building Inspector, or the Health Inspector.
Motion by Duane Gregory Seconded by Jerry Anathan Voted 4-0-0.
Approval of Minutes for
October 6, 2005
Motion: Approve the minutes as written.
Motion by Ken Janson Seconded by Matt Damon Voted 3-0-1 ab (JA)
Any other business that shall properly come
before the Board
Duane
Gregory reminded the Board that at the last meeting that we were going to
continue the legal ramifications of red dot delays that were not going to hook
up. The W&S Board wants the BoH to
authorize criminal acts on these properties.
Ken Janson and Duane Gregory have a real problem with doing this. And to change the rules for these properties
that weren’t actually failed! Ken said
that there are other properties that want to hook up.
Duane
said, “We’re not going to have a HA at our meetings and I think it’s
outrageous! – the town is not allowing us any support.” It was decided that Jerry Anathan will put
together a letter to send to the BoS or the Town Manager. An e-mail draft will be sent to all members
and also to Brian Carlson. Jerry
commented that it just wastes so much time because Jane’s not here. Ken wondered if we want to try moving our
meetings into the day when Jane is here?
Keep it as an option.
Duane
wondered if anyone want to be the chairman?
Nope. Could Matt be made a
permanent member. That will happen.
Health Agent’s and Health Inspector’s Reports
Brian
Carlson said he is now the town staff person for the Animal Welfare
Committee. He’ll also be taking on the
Animal Inspector role. In the near
future he will have an updated report on diseases. He has also received his serve safe certification.
Board Members’ Statements
There
were no additional ones made after the outrage at not having a full time Health
Agent!
Adjournment
happened at 6:58 p.m.
Respectfully
submitted,
Evelyn Gaudiano
Evelyn Rogers Gaudiano
Approved by ____________________________on ______________, 2005.
Duane Gregory, Vice Chair