Board of Health
Public Meeting
May 4, 2006
Caucus Hall
5:00 p.m.
Members
Present: Jerry Anathan, Tom
Gaudreau, Duane Gregory, Ken Janson, and Mark Majeski.
Members Absent: none
Health Agent: Jane Evans
Health Inspector: Brian Carlson
AGENDA
Public Comments
There were
none.
New Business
Melissa Wheeler
New Temporary Tattoo Artist
Permit
309 Commercial Street
Melissa Wheeler
presented. The Whale Watch Store at 309
Commercial Street will be her place of employment. All her paper work is complete and the Health Inspector
recommends approval. She was given a copy of the regulations.
Motion:
Approve the Temporary Tattoo license for Melissa Wheeler.
Motion: Ken
Janson Seconded: Jerry Anathan Voted 5-0-0.
Megan Eckhardt
New Massage Therapist
26 Court Street
Motion: Jerry
Anathan Seconded: Ken Janson Voted 5-0-0.
Camps, Cabins & Motels
Ken Janson, the owner of a
guesthouse, stepped down. Mark Majeski
disclosed that he, too, is a guesthouse owner and no one objected to his
sitting on the case.
Motion:
Approve the Camps, Cabins, & Motels license application and issue an
amended CCM license for Provincetown Purchase LLC for a change in the number of
units from 12 to 4 units at the property located at 104-104A Bradford Street
(Units 3,4,14, 15), Provincetown.
Motion: Jerry
Anathan Seconded: Duane Gregory Voted 4-0-0.
9 West Vine Street
Title 5 Variance
Duane Gregory stepped
down. Ms. Schofield, from Schofield
Bros., explained the plan by saying
that the owner was voluntarily upgrading the system.
Motion:
Approve the requested variances for the Title 5 septic system plan with
the recording of a deed restriction limiting the number of bedrooms to the
existing five at the Barnstable County Registry of Deeds. Proof of the recording must be provided to
the Health Agent prior to the issuance of the Septic System Installation
Permit.
Motion: Jerry
Anathan Seconded: Mark Majeski Voted 4-0-0.
Title 5 variance
Emily Beebe presented the
plan. It represents an upgrade to a
failing system and will be replacing two cesspools. Jane Evans agreed that it was in the best location for this
property.
Motion:
Approve the plan with a deed restriction limiting the number of bedrooms
to the existing four to be recorded at the Barnstable County Registry of
Deeds. Proof of recording must be
provided to the Health Agent prior to issuance of the Septic System
Installation Permit.
Motion: Ken
Janson Seconded: Jerry Anathan Voted 5-0-0.
269 Commercial Street (Landmark Restaurant)
Flex Seating
Larry Hendershot, the owner,
presented his request for flex seating.
Both Doug Taylor and Jane Evans are in favor of his request.
Motion:
Approve the flex seating (16 seats) for the Landmark Restaurant.
Motion: Ken
Janson Seconded: Jerry Anathan Voted 5-0-0.
175 Bradford Street Ext. (Highland Creamery)
Flex Seating
Lori Romano, the owner,
presented her case to the BoH. Last
year the request was approved and this year she is asking for 16 flex seats
instead of the previous year's request for 8 seats. Jane Evans and Doug Taylor both recommended approval of this
request.
Motion:
Approve the flex seating request (16 seats) for the Highland Creamery
located at 175 Bradford Street Extension.
Motion: Ken
Janson Seconded: Jerry
Anathan Vote: 5-0-0.
5 Soper Street
Show / Cause Hearing
Ken Janson and Duane Gregory
stepped down. Chris Snow presented the
case. He said he was basically in
attendance for moral support and not legal support. A schedule of clean-up plan has been worked out and was
summarized by Jane Evans and Doug Taylor.
There has been an ongoing
problem with meeting the deadlines of the existing schedule of clean-up but
after discussion between Mrs. White, Jane Evans, Doug Taylor and Maxine Notaro
(daughter of owner) a new schedule was presented to the Board of Health, agreed
to by all and signed. The existing
schedule of Clean-Up Agreement signed on March 2, 2006 is null and void. The new proposal, dated May 4, 2006 and
signed by Mrs. White, Jane Evans and Doug Taylor, includes an accelerated rate
of clean-up (approximately two weeks) to place all items in the dwelling in
totes and store these totes in the den (which is structurally sound). At that time a licensed builder will sister
up the joists and provide certification that the rest of the house is
structurally stable; allowing the owner to go through the totes at her
leisure. The revised agreement has a
strict timeframe for completion of all tasks.
May 22nd for transfer of all items to the totes, May 31st
for all structural repairs and June 6th for the restoration of all
utilities and cooking facilities. Mrs.
White was told that this is her last chance to clean up the dwelling since she
has been under order to do so for almost a full year. Failure to keep to the new schedule will result in a show/cause
hearing to be held by the Board of Health.
The recommendation at that point would be to request Town Council’s
review of the situation and prepare for court.
Motion: To nullify the original
schedule of clean-up signed on March 2, 2006 and approve the new schedule of
clean-up signed and dated May 4, 2006.
Motion: Jerry
Anathan Seconded: Mark Majeski Voted 3-0-0.
Discussion
Bob Collette – Tobacco
Control
Bob Collette and Cheryl
Sbarra made the presentation on tobacco control to the BoH. They have been attending meetings of Boards
of Health cape wide in order to help them to update their youth access
regulations to conform to the state minimum.
Instead of a first violation
getting a warning, Mr. Collette advised a $100 fine for the 1st
offense and moving on up with repeat offenses.
Also, it was suggested that an 18 month tolling period be put in
place. This means that if there is a
violation - only the prior 18 month period will determine whether this is a 1st,
2nd, or 3rd offense.
(If something happened over 18 mos. ago then it is not in the current
record for fine setting.)
Brian Carlson will formulate
a proposed motion for the BoH to adopt and have it ready for the next meeting
on May 18th.
Approval of Minutes
Motion:
Approve the minutes of the March 16, 2006 meeting.
Motion: Duane
Gregory Seconded: Jerry Anathan Voted 3-0-2 ab (KJ & TG)
Motion:
Approve the minutes of the April 20, 2006 meeting.
Motion: Duane
Gregory Seconded: Jerry Anathan Vote 3-0-2 ab (MM & TG)
Any other business that shall
properly come before the Board
Jane Evans handed out a sheet
detailing three properties she is following up on after an anonymous complaint
regarding debris. They are: 35 Alden
Street,313 Bradford Street and 320 Bradford Street
Richard Macara, the owner of
35 Alden Street, was cooperative and is planning to remove excess vehicles from
his property.
The address at 313 Bradford
Street was inspected and found to be acceptable.
Conrad Malicoat owns 320
Bradford Street. Some of the material
stored on his property is building material and that was deemed O.K. The other items, i.e., oil tank and refrigerator,
the Board thought should be removed.
Duane Gregory had a
procedural question. Pat Pajaron used
to handle these types of complaints and Duane wondered why the Health Agent was
handling complaints and not the Health Inspector.
Health Inspector's Report:
Brian announced that the BoH
regulations are online and have recently been updated. Duane thought the regulation for artist
studios was not showing the most recent change. Brian will follow-up.
An April 27, 2006 a copy of a
certified letter had been sent to the Carpe Diem Guesthouse after a
complaint. They had been operating
without the permit for their hot tub.
This was settled amicably.
Brian then said that 17
businesses were permitted and 24 tobacco permits issued. There were 2 pool permits – so far – and 6
hot tub permits. Tomorrow rabies
vaccine baiting will be starting. So far, no other cases have been found.
Signs were passed around for
the BoH to look at. Ken Janson
suggested making the "dog restraint" part of the Public Notice larger.
Duane asked about the Town
Clerk handing out both the by-law and BoH regulation with the dog
licenses. That was brought to the Town
Clerk's attention. There are other
elements of the general by-law that are in effect.
Duane also asked Brian if he
had put in an agenda action request for signage approval to the BoS. Brian had, but no response. Duane will speak with BoS chair Dr. Andrews
to see if he can get on next meeting.
Respectfully submitted,
Evelyn Gaudiano
Approved by _____________________________ on ____________, 2006.
Duane
Gregory, Chair