PROVINCETOWN BOARD OF HEALTH

Public Meeting

November 17, 2005

5:00 p.m.

Members Present: Matt Damon, Duane Gregory, and Ken Janson

Members Absent: Jerry Anathan (excused absence)

Health Agent: Jane Evans

Health Inspector: Brian Carlson

Meeting called to order at 5:00 p.m.

AGENDA

Public Comments

Jacqui Sperry and Nancy Ross began to address the BoH on a problem they perceived regarding a proposed septic installation at their next door neighbor’s house. Duane suggested they be heard later in the meeting under Other Business, so the board could respond to the concerns.

New Business

Kathleen Kadair

New Massage Therapist

Brian Carlson, the Health Inspector, recommended approval. All the necessary paper work has been submitted.

Motion: Approve the new massage therapist license for Kathleen Kadair with the reminder that no outdoor massage is allowed.

Motion by Matt Damon Seconded by Ken Janson Voted 3-0-0.

30 Montello Street

Title 5 Variance

Gary Locke representing. The 30 Montello Street property had 3 cesspools which are currently functioning. The property is being sold to Leonard Enos, whose mother owns the adjoining parcel where the leach field is proposed.

The BoH had a few questions for Mr. Locke because the plan – at first read – seemed puzzling. After their questions were satisfied the following motion was made:

Motion: Approve the plan for 30 Montello Street with the following conditions:

1. A deed restriction limiting the number of bedrooms on the property to the existing three (3) must be recorded at the Barnstable County Registry of Deeds. Proof of the recording must be provided to the Health Agent prior to the issuance of a septic system installation permit.

2. Proof of recording of the easement for the SAS placement on 29 Montello for both deeds (29 Montello Street and 30 Montello Street) must be provided to the Health Agent prior to issuance of the septic system installation permit.

Motion by Ken Janson Seconded by Matt Damon Voted 3-0-0.

230 Bradford Street

Title 5 variance

Gary Locke from Wm. Rogers, II’s office presented the plan to the BoH. Lynne did the walk-through for a bedroom count. It’s a single family dwelling and Gary is proposing a pressure-dose leaching system with a 25% size reduction in leaching size – primarily to preserve the yard. The reason for this type of plan is only alternative would be a mounded system.

Motion: Approve the Title 5 variances for 230 Bradford Street with the following conditions:

2. The engineer will verify the break-out calculations for the leach area at the time of the installation.
Motion by Matt Damon Seconded by Duane Gregory Voted 3-0-0.

254 Bradford Street

Title 5 variance

Emily Beebe, accompanied by Bob O’Malley, presented the plan to the BoH. The property is being sold and the leaching pit is currently in the ground water and consequently didn’t pass inspection. Ms. Beebe explained her design of the septic by saying that she wants to stay away from a mounded system. An abutter, Mrs. Kool, objected to the installation because – by her own admission – she understood nothing about septic systems. She has had a few patient explanations from the HA and Designer, but hasn’t changed her mind about being opposed to the installation.

The Health Agent strongly supports the design as presented since the only alternative would be to have a raised septic system at the front of the property. Emily feels that this design will fit the property best.

Motion: Approve the title 5 plan for 254 Bradford Street with the following conditions:

1. A deed restriction limiting the number of bedrooms on the property to the existing four (4) 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.

Motion by Ken Janson Seconded by Matt Damon Voted 3-0-0.

Discussion

Khristine Hopkins of 18 Alden Street called the Health Inspector and Duane Gregory about a complaint she had. Upon filling her bathtub, she had a strong odor of chlorine and the water stained the tub blue. She was very concerned about breathing the odor, or if something like this happened where a person was asthmatic. As the story unfolded, there had been a water line break on Alden Street and the DPW added chlorine to the water to prevent bacteria (6 parts per billion). Khristine had a lot of technical questions to ask Jane Evans, which Jane could not provide the answers to. Jane told her that her best source of information would be to ask David Guertin, the head of the DPW, and he could satisfy all her queries.

Approval of Minutes for November 3, 2005

Motion: Approve the minutes of the November 3^rd meeting as amended.

Motion by Duane Gregory Seconded by Ken Janson Voted 3-0-0.

Any other business that shall properly come before the Board

Jacqui Sperry and Nancy Ross, property owners of 31 Pearl Street, presented their issues to the Board. The home at 29 Pearl Street has a failed cesspool and has had this failed cesspool since February 2005. The 29 Pearl Street plan was approved – and – at the abutters’ insistence, part of the motion read that the installers of the plan would have to obtain a surety bond. It has now developed that the various installers that have looked at the project cannot obtain surety bonds through their insurers. Mr. Quinn is willing to do the installation and has over $1M in liability insurance. Despite his coverage, the HA can’t seem to get the two parties to agree. Ms. Sperry and Ms. Ross were advised by their attorney not to ask the Board to make any changes.

After much discussion, it was decided by consensus that the best course of action would be to have either the owner of 29 Pearl street – or his/her representative come before the BoH to request an amended motion for the removal of the surety bond restriction. Duane suggested Jane put them on the agenda under Other Business for the next meeting.

Health Agent’s and Health Inspector’s Reports

Jane Evans reports that 130 Commercial Street has been condemned for habitation. It is an abandoned building and because it’s not occupied a letter has yet to be sent. It is listed for sale at this time.

Jane also said that the BoH will be having a lot of ACO’s coming before them which take a lot of her time. The next one will be the school annex.

Both Matt Damon and Brian Carlson had questions regarding the BoH role in title 5s. These questions were satisfied.

Brian Carlson gave a report on the informative Massachusetts Estuaries Project meeting that he had attended. Brian Dudley of the DEP was one of the presenters. There were about 6 people in attendance. From the report it seemed like more of a Massachusetts marketing meeting rather than an informational one. The costs that the state would require are:

1. Comprehensive 3 year study of the harbor – involving training, kits, etc. would cost around $50K for the three years. The times for testing would be from the last week of June until the 1^st two weeks of September.

2. The estuary project would cost about $80K of which the Town would have to supply half. It was thought that, after the permission of the BoS, monies for this project would have to be requested in a Town meeting article.

The Health Inspector says they talked about collaboration with the tourism budget since water quality issues are an important part of tourism.

Board Members’ Statements

Ken Janson felt that the BoH should seriously attempt to have this approved. Beaches are what people come here for.

The entire effort is being led by the Harbor Committee right now.

Adjournment happened at 6:29 p.m.

Respectfully submitted,

Evelyn Gaudiano

Evelyn Rogers Gaudiano

Approved by ____________________________on ______________, 2005.

Duane Gregory, Vice Chair