Board of Health
Public Meeting
March 16, 2006
Caucus Hall
5:00 p.m.
Members
Present: Jerry Anathan, Matt
Damon, Duane Gregory, and Mark Majeski.
Members Absent: Ken Janson (excused absence)
Health Agent: Jane Evans
Health Inspector: Brian Carlson
The meeting was called to
order at 5:00 p.m.
AGENDA
Public Comments
There were none.
Public Hearing
Warrant Articles
STM Article 1.
Motion: The
BoH voted to recommend Article 1 of the STM.
Motion by Matt Damon Seconded by Jerry Anathan
Vote 4-0-0.
STM Article 11.
Motion: The
BoH voted to recommend Article 11 of the STM.
Motion by Jerry Anathan Seconded by Matt Damon
Vote 4-0-0.
STM Articles 6 and 7. (Manor repair issues.)
Motion: The
BoH voted to recommend Articles 6 and 7 of the STM.
Motion by Matt Damon Seconded by Jerry Anathan
Vote 4-0-0.
ATM Articles 15 and 16.
Motion: The
BoH voted to recommend Articles 15 and 16 of the ATM.
Motion by Jerry Anathan Seconded by Matt Damon
Vote 4-0-0.
ATM Articles 21 and 22.
Motion: The BoH voted to
recommend Articles 21 and 22 of the ATM.
Motion by Matt Damon Seconded by Jerry Anathan
Vote 4-0-0.
ATM Article 23.
The BoH voted to recommend Article 23 of the ATM.
Motion by Duane Gregory Seconded by Jerry Anathan
Vote 4-0-0.
ATM Article 24.
The BoH voted to recommend Article 24 of the ATM.
Motion by Jerry Anathan Seconded by Matt Damon
Vote 4-0-0.
ATM Article 32.
The BoH voted to recommend Article 32 of the ATM.
Motion by Matt Damon Seconded by Jerry Anathan
Vote 4-0-0.
ATM Article 33.
Discussion but neither motion nor vote was made.
ATM Article 34.
The BoH voted to recommend Article 34 of the ATM.
Motion by Duane Gregory Seconded by Matt Damon
Vote 4-0-0.
ATM Article 35.
The BoH voted to STRONGLY support Article 35 of the
ATM.
Motion by Duane Gregory Seconded by Jerry Anathan
Vote 4-0-0.
ATM Article 38.
The BoH voted to support Article 38 of the ATM.
Motion by Matt Damon Seconded by Jerry Anathan
Vote 4-0-0.
Old Business
23 Mechanic Street
Revised Septic System Plan Approval
BoH approved the plan for 23
Mechanic Street at their last meeting.
Since then it was found that the leach pit on the abutting property was
within 10 ft of the leach pit on this property. The plan has been revised, including alarm and the Health Agent
(HA) recommends approval.
Motion: Recommend approval with a
deed restriction limiting the number of bedrooms to the existing five
bedrooms. Deed restriction must be
recorded at the Barnstable County Registry of Deeds and proof of recording
provided to the Health Agent prior to issuance of the Septic System
Installation Permit.
Moved: Matt Damon Second:
Jerry Anathan Vote: 4-0-0.
New Business
19 Pearl Street
Administrative Consent Order
Paul Kelly, owner of
property, presented the case. The
property has a recent approved plan for a septic system but the new owners
would prefer an ACO which would allow hook-up to the sewer system. The HA recommends this under the
following criteria:
1.
Property is within a geographic area that could be
served by an extension to the existing sewer system.
2.
Septic system is failed or failing.
3.
Property is currently served by a single cesspool.
4. Proposed
septic system would require set-back variances.
Motion: The BoH recommends
approval for an ACO for the property at 19 Pearl Street.
Moved: Matt
Damon Second: Jerry Anathan Vote 4-0-0.
1 Holway Avenue
Administrative Consent Order
Richard Patulak, the owner,
presented the case. He is in the
process of selling his property.
Coastal Engineering is designing a septic system to replace his existing
cesspool. The owner would like to be considered for an Administrative Consent
Order. Health Agent recommends based on the criteria:
1.
Property is
within a geographic area that could be served by an extension to the existing
sewer system.
2.
Septic system is failed or failing.
3.
Property is currently served by a single cesspool.
4.
Proposed septic system would require set-back variances.
Also the topography would
almost certainly mandate a mounded system.
Motion: Recommend 1 Holway Avenue
for an ACO.
Moved: Matt
Damon Seconded: Jerry Anathan. Vote 4-0-0.
31 Court Street
Administrative Consent Order
This request was withdrawn
without prejudice.
Joy Long
New Massage Therapist
There were no objections to
this license after the proper posting for this meeting, thus, the motion of the
March 2, 2006 meeting stands.
606 Commercial Street
Camps, Cabins & Motel License
The Licensing Agent and the
Health Inspector concur that all aspects of the application have been
completed, thus:
Motion: Approve the Camps, Cabins
& Motel License for 606 Commercial Street.
Moved: Jerry
Anathan Seconded: Matt Damon Voted: 4-0-0.
28 Montello Street
Title 5 Variance & Appeal Health Agents Decision (Bedroom Count)
Duane Gregory stepped down
from this case.
The HA did a walk-thru of
this property and made a determination that the property is technically two
bedrooms, due to small room size and low ceiling height. She recommends that the board take into
consideration the historical use of the property as a 3 bedroom, since it was
built before 1978 building codes. Provincetown local regulations allow for this
consideration on a case by case basis.
The house has been historically assessed as 3 bedrooms. Family members who were present at the
meeting stated that there were 4 children raised in the house and that the
second floor always was used as two bedrooms.
(The other bedroom is on the first floor)
Motion: Approve 28 Montello
Street as a three-bedroom home.
Moved by: Jerry Anathan Seconded by Matt Damon Voted 3-0-0.
Alan Cabral from Felco
Engineering presented a plan for a three-bedroom septic system and requested a
21% reduction in the leach area since the property is contained in a very
confined area. The HA recommends this
with a deed restriction.
Motion: Approve the septic plan
with a 21% reduction in the leach area for 28 Montello Street with a three
bedroom deed restriction. Deed
restriction must be recorded at the Barnstable County Registry of Deeds and
proof of recording provided to the Health Agent prior to issuance of the Septic
System Installation Permit.
Moved: Jerry Anathan Seconded: Mark Majeski Voted
3-0-0.
24 Commercial Street
Title 5 Variance
Emily Beebe, septic designer,
and Bob O’Malley, real estate broker,
presented the case. Emily said it’s a very tight plan but very
installable.
HA doesn’t see any other
place it can possibly go.
Motion: Recommend approval with a
deed restriction limiting the number of bedrooms to the existing three for the
property. Deed restriction must be recorded at the Barnstable County Registry
of Deeds and proof of recording provided to the Health Agent prior to issuance
of the Septic System Installation Permit.
Moved by Jerry Anathan
Seconded by Matt Damon
Voted 4-0-0.
Bob O’Malley and Emily Beebe
had a discussion prior to the meeting and they are trying to get the owner of
24 Commercial Street, Michael J. Piore, to enter into an ACO.
Discussion
Duane Gregory asked what the
process was for town meeting if she wanted to stand as BoH Chair, in support of
Brian O’Malley’s warrant article. She
will find out from the moderator what the formal procedure is for championing
an article.
Approval of Minutes for March 2, 2006
Motion: Approve the minutes of
the March 2, 2006 meeting.
Moved: Matt
Damon Seconded: Jerry Anathan Voted 4-0-0.
Any other business that shall properly come
before the Board
Matt is still an
alternate. The BoH has an applicant and
the Board has the approval vote. Matt
Damon will have to go to the Town Clerk and apply for a permanent position and
not the alternate. On the April 20th
agenda the title APPOINTMENTS will
be put on and the applicants will be interviewed.
Health Agent’s and Health Inspector’s Reports
Jane Evans’ Report:
5 Soper Street
– HA checked on progress, as per agreement.
Duane Gregory stepped down . The
dining room was done by yesterday and the HA says the owner met the deadline.
Septic installers One of the installers had a permit but never did pick it up. Doug Taylor would like the BoH to put in a
series of fines for installers who don’t pick up their permits. They have to pick it up and sign for
it……. Doug wants to put in a large
fine…… If the BoH feels O.K. about it
then there will a public hearing.
George Bryant’s saga.
Jane went over to George
Bryant’s today and took pictures. There
is another court date coming up soon.
Brian Carlson’s Report:
Rabies.
April is rabies awareness
month and he passed out a whole lot of material for leisurely reading. He recently attended a Rabies Task Force
meeting. They have begun putting out vaccine in pellet form to attract raccoons
in order to prevent the spread of rabies.
Also, there will be an
upcoming clinic for pets to receive rabies shots. The cost will be $15 and the place & date will be announced
in the Banner.
Tobacco Violations
Brian has sent out Tobacco
Violation Warning Notices to places of business that are operating without
licenses for tobacco sales. He will do
the follow-up in the near future.
Serve Safe Class
Brian reported that 29
people are registered for the Serve Safe class. It is mandated that one person on each shift has to sign up from
restaurants.
Pool Training
The Health Inspector has just
finished a 2-day training workshop for pool training. He learned how to inspect them for cleanliness, etc.
Emergency group
Brian is also compiling a
list of volunteers who would be called upon during an emergency.
Board Members’ Statements
Mark Majewski
told the group about a girl in Florida who had a school fair science
project. She went into restaurants and
she tested both their ice cubes and their toilet water – in 70% of the cases,
the ice machines were worse than their toilets. She was only 12 or 13 yrs old.
Our own HA put Mark’s fears to rest when she said she thoroughly
examines ice making machines for cleanliness and also for a lack of mold.
Adjournment happened at 6:30 p.m.
Respectfully submitted,
Evelyn Gaudiano
Evelyn Rogers Gaudiano
Approved by ____________________________on ______________, 2006.
Duane
Gregory, Chair