Board of Health
Public Meeting
June 15, 2006
Caucus Hall
5:00 p.m.
Members Present: Jerry
Anathan, Tom Gaudreau, Duane Gregory, Ken Janson, and Dr. John Livingstone.
Members Absent: none
Health Agent: Jane
Evans (excused absence)
Health Inspector: Brian Carlson
AGENDA
Public
Comments
There were none.
New Business
Craig Faucher
New Massage
Therapist
He
was told that his application needed one more letter of recommendation. The website testimonials that he produced
does not constitute a signed Letter of Recommendation. Brian Carlson says that all the paper work
is in order except for the additional letter.
Craig will be working at PTOWN Massage.
Motion: Approve the new massage therapist license
for Craig Faucher with the condition that he provide one more letter of
recommendation prior to the issuance of his license.
Motion: Jerry Anathan Seconded: Tom
Gaudreau Voted 5-0-0.
6 Holway
Avenue
Administrative
Consent Order
Sherman
Merrill, Jr. (the son of the owners) presented the case on behalf of his
parents. His parents may want to sell in the near future and they would like
their septic situation be brought into compliance.
The
Health Agent recommends approval because the property is currently being served
by three cesspools in a very low lying area.
All
cesspools have groundwater inflow indicators and are in an area being
considered as part of the municipal sewer system expansion. This system is considered to be in a state
of failure based upon the depth to groundwater as well as the fact that there
are cesspools. The owners have
requested the ACO rather than have a mounded septic system.
Motion: Approve the request for the ACO.
Motion: Ken Janson Seconded: Jerry
Anathan Voted 5-0-0.
22 Bradford
Street
Administrative
Consent Order
Since
no one was representing the owner it was decided to postpone a decision until
they could talk to the Health Agent, Jane Evans, for further clarification.
Motion: Postpone any finding until the next meeting
of the BoH.
Motion: Duane Gregory Seconded: Dr. J. Livingstone
Voted 5-0-0.
25 Priscilla
Alden Road
Title 5
variance
A
motion was made, seconded and approved to take this case out of order while the
group waited for Alan Cabral from Felco to present.
315A-319
Commercial Street
Flex Seating
Lenny
Enos, the owner, and Robert Valois, the architect, presented the request for
flex seating. Robert said that ideally
he would like two plans – option A and option B – as in seasonal and non
seasonal or - good weather and bad weather.
Clarification of the plan was accomplished and the BoH was informed that
the ZBA has already approved flex seating.
Motion: Approve the flex seating plan for the Surf
Restaurant located at 315A-319 Commercial Street.
Motion: Ken Janson Seconded: Tom
Gaudreau Voted 5-0-0.
25 Priscilla
Alden Rd
Title 5 variance
Alan
Cabral arrived at 5:16 p.m. and presented the plan. The owner of the property is Gerard Irmer. The installation was recommended by the
Health Agent with the following conditions found in the motion.
Motion: Approve the installation of a Title V with
the variances as shown on the plan and with a deed restriction limiting the
number of bedrooms on the property to the existing three. The deed restriction must be recorded at the
Barnstable County Registry of Deeds and 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.
202B Bradford
Street
Show/Cause
Hearing – Illegal Unit
Michael
Donovan, the owner of the property, was a no-show at this hearing.
The
Health Agent wrote. "This is the third time in as many years that Mr.
Donovan has violated an Order regarding the use of a free standing shed as living
accommodations. He has been ordered
each time to remove the plumbing (there is no septic system for this shed) and
every year it is back again. Doug
Taylor, Building Commissioner and I met Mr. Donovan onsite on June 1, 2006 to
discuss the violations. It was
determined that the unit installed in the main house was pre-existing and is
not in violation. However, an 'Unfit
for Human Habitation' sign remains on the shed. I told Mr. Donovan, once again, that he must remove the plumbing
and call me to inspect prior to his scheduled Show/Cause Hearing. This he has not done and an onsite visit
today (6-14-06) shows no plumbing has been removed. There still exists a kitchen sink, a shower stall and a mattress
in a loft. Attached is an e-mail from
town counsel which I requested in order to better advise the Board on how to
proceed. Unfortunately, due to the
attorneys' fees in dealing with the Bryant case, I cannot advise the Board to
seek legal action." The Health
Agent's recommendation is to fine Mr. Donovan via the non-criminal disposition
by-law and each day's violation constitutes another fine.
After
a long discussion of the problem, the following motion was made:
Motion: Fine Michael Donovan at the rate of $300/day
beginning June 15, 2006 for violations of BoH regulations under Part VII -
Section 2 - 310 CMR - 15.004, 15.020, and 15.024 Also for violating ZBA Growth Management By-law - Section 6200 as
well as the Town's general by-law 11. Building Regulations, 11-1, and 11-1-1.
Motion: Jerry Anathan Seconded: Ken
Janson Voted 5-0-0.
Jerry Anathan was excused at 5:50 p.m.
Discussion
Proposed Board
of Health Regulation
Sewer
Connection Criteria
It
was decided to postpone this discussion until the Health Agent was in
attendance in case any questions arose.
There
was an additional discussion of something the selectmen have brought up
before. There are places in Town that
serve food, yet have no hand washing available to the public. Also they have no restroom facilities. This moved into a discussion of benches and
the remembrance of the woman who ran the restaurant, Way Downtown, and
complained to the BoH last summer about the extraordinary water and sewer
expenses incurred from people coming in ONLY to use her facilities. Her water usage was outrageous and she came
to the BoH looking for guidance as to whatever recourse she had. Also one of the Board members thought of
implementing a reward system for restaurants that made their facilities
available to the general public. This
restroom quandary was based on an e-mail received from the Chairman of the BoS.
The general consensus of the
BoH was that they feel the Town should try to find creative ways to provide
additional rest rooms. They thought it
might behoove the Town to investigate the Paris outdoor system of the latest
technology in self-cleaning public toilets which have a nominal charge (they
pay for themselves) and are supposedly very nice and clean. It was also thought that they could perhaps
be placed strategically in public parking lots around town. The general
consensus of the Board was not to try to force some of the small businesses to
install restrooms. This discussion can
continue with a joint meeting with the selectmen.
The
BoS also requested a joint meeting with the BoH. It was thought that perhaps September would be a good time to
schedule getting on the BoS agenda.
Details of the joint meeting will be worked out.
Approval of
Minutes for June 1, 2006
Motion: Approve the minutes for June 1st
as presented.
Motion: Ken Janson Seconded: Tom
Gaudreau Voted 3-0-1 ab (JL)
Health Agent’s
and Health Inspector’s Reports
Jane
was not in attendance so Brian Carlson made his report:
He
said that the USDA has delivered a freezer to store dead animals if
needed. It is located at the Highway
Garage. He wants to make sure it’s
accessible for the state people.
Last
Friday, Brian conducted volunteer training for emergency preparadness group and
had a very good turnout.
Brian
also announced that he would be taking the Registered Sanitarian test on July
15th in Boston. Everyone
wished him good luck.
Just
as the meeting was nearing its conclusion, Michael
Donovan rushed in and apologized because he had to be at another meeting
and he was just now able to leave. He
was told that he was too late and his show/cause hearing had already been
held. He was told the decision of the
Board. He claimed he had removed everything.
Brian informed him that he would come down to inspect on Friday, June 16th.
Board Members’
Statements
There
were none.
Respectfully
submitted,
Evelyn Gaudiano
Approved by _____________________________ on ____________, 2006.
Duane Gregory, Chair