Public Meeting
Caucus Hall
Members Present: Jerry
Anathan, Duane Gregory,
Ken Janson, and John Livingstone.
Members Absent: Tom Gaudreau
(excused absence)
Health Agent: Jane Evans
Health Inspector: Brian Carlson (excused absence)
The meeting was called to order at
AGENDA
Public
Comments
There were none.
New Business
ACO Request
The
property is currently being served by two cesspools. The decedent’s daughter will be selling the
property and this will trigger an upgrade of the septic system. Since this is an area being considered for
sewer expansion, she is eligible to request an ACO. Both cesspools are in working order but need
further evaluation.
Motion: Approve the request for an ACO for
Motion: Jerry Anathan Seconded:
John Livingstone Vote: 4-0-0.
ACO Request
This
property is currently being served by two cesspools. The owners, Louise Venden
and Sally Deane, would like to do renovations to the existing dwelling and this
will trigger an upgrade of the septic system.
Because this is an area being considered for fill-in expansion of Phase
I they are eligible to request an ACO.
The house is an existing two bedroom but the Title 5 plan has been
designed for three bedrooms. (To
increase your flow for an ACO you have to prove you can have an unvarianced system and then you have to go into the Growth
Management queue.)
Disclosure: Duane Gregory's office was involved in the
sale of this property, but currently has no interest in the property. No
objections to her sitting on the case.
Motion: Approve the request for an ACO for
Motion: Jerry Anathan Seconded:
Ken Janson Vote: 4-0-0.
8D Commercial
Street
Title 5
variance
Gary
Locke presented the plan on the behalf of Alix
Ritchie, the owner. He proposes
upgrading with a pressure dosed system.
Variances are detailed on the plan.
Most of the property is extremely low.
The
existing cesspool is in a state of imminent failure due to collapse. The proposed septic system will afford a much
greater degree of environmental protection since the existing cesspool is most
likely sitting in groundwater.
Alix Ritchie gave a mini history of the property. The cottage is part of a condo complex. The other cottage owner in the condo group
installed a Title 5 a while ago and - because of the large expenditure - doesn't
want to enter into a sewer agreement.
Ms. Ritchie would prefer applying for an ACO but the rules state that
all members of a condo complex have to go into the sewer or no one can.
Motion: Approval of the Title 5 with a deed
restriction to be recorded at the Barnstable County Registry of Deeds limiting
the number of bedrooms to the existing two and proof of recording provided to
the Health Agent prior to the issuance of the septic system installation
permit. Installation by
Motion: John Livingstone Seconded: Jerry Anathan Vote:
4-0-0.
Title 5
variance
Fred
Sateriale is
the owner of Beach Point Condominiums.
There are 4 buildings each with their own cesspool. All of the cesspools are sitting in
groundwater, thus a pressure dosed system is required for increased
environmental protection. The raised
system proposed will be in the rear of the lot and will be used as a parking
lot. At the highest point it will be 3
ft above ground. There were no abutters
present or letters in the file.
Motion: Approval of the Title 5 for
Motion: Ken Janson Seconded:
Jerry Anathan Vote: 4-0-0.
31 Court Street
Appeal Health
Agents Decision – Bedrooms
Attorney
Nancy Correia presented the case to the BoH. Jane designated the house as a one-bedroom
house because the only access to the attic bedroom was via a pull-down
staircase. They were asking for permission to
designate it as historically used as a 2 bedroom. The granddaughter stated the stairway was
removed in 1982 and the attic could only be reached by pull-down stairs. (Her grandmother, a widow, removed the
stairway without building permit to save money on heat) The applicant stated there were originally
two bedrooms upstairs plus one on the first floor. They are only asking that a
two bedroom status be restored. Jane
says the second floor meets all the requirements of a bedroom except a means of
access. It showed evidence of being used as a bedroom. Duane reminded the board
that our regulations allow the board to decide these situations on a case by
case basis and we have a precedence of this type.
Motion: Support the request of the applicant provided
a staircase to building code is installed prior to approval of a Title 5 or ACO
with the proviso that they apply for a building permit within two months. All these applications must be completed
within the 60 day timeframe. Also a
report from a licensed septic inspector must be completed.
Motion: Jerry Anathan Seconded: Ken Janson Vote:
4-0-0.
48 –
Deed
Restriction Violation
The
Board of Health asked the Health Agent to
request permission from Keith Bergman for a
legal opinion on the wording in deed restrictions to address the case of tenant
/ landlord situations and responsibility.
The board felt that a written lease should list deed restrictions; but
what if there is no lease? It is in fairness to the landlord and the tenant to
have it in the language of a lease.
Duane to Jane – Please send Ken Weiss an e-mail saying this was a
learning experience for all of us. John
Livingstone added, "Before going ahead with a fine, the policy has to be
defined and he feels the BoH can support adequate communication between the
parties."
Discussion
Bedroom Determinations
Gary Reinhart, Chair of ZBA and Howard Burchman, Chair of Planning asked for a discussion on how bedroom/seating determinations are made by the BoH. There were 4 members of the ZBA in the audience. Duane Gregory, chair of the BoH, had concerns about open meeting law since it was not advertised as a joint meeting and there was a quorum present from ZBA.
Health Agent, Jane Evans, also felt uncomfortable about an
unadvertised joint meeting, stated that this was a direct violation of the open
meeting law and wished to go on record as having stated this.
Both
Gary and Howard were not concerned about possible violations as they were here
for discussion. Steve Melamed, a member of the ZBA,
said that he could be in attendance as the chair of the Economic Development
Committee (he wears two hats). They were
all concerned about the spirit of “Growth Management” by-law being skirted
sometimes in counting bedrooms and seats.
Duane
decided that she was just going to let this discussion happen. The Board will discuss with Gary and Howard only at
the table and no voting will occur.
Both
Gary and Howard felt there were situations where people were trying to by-pass
Growth Management. Duane said she
thought it was really about a couple of specific properties. She also said if either of them had a problem
with decisions the Health Agent makes, they're free to appeal them. Health Agent has to count the use as she sees
it and Title V dictates the criteria.
Our own BoH regulations have even made more specific, the definition of
a bedroom. The Health Agent has
responsibility to make sure the septic system design is adequate for the
pre-existing possible use.
John
Livingstone thought we are moving toward a conflicting policy. Duane said - if you feel someone has put up a
wall creating another bedroom, without benefit of building permit, then you can research it and report the problem to the
board. The Board can then hear the evidence and make a decision. The Board has
in the past ordered walls to be removed if the evidence indicated they were put
up illegally.
John
Livingstone, trying to bring these subjects to a conclusion, asked if it would
it be worthwhile in creating two or three possible scenarios so that we can
deal with these issues for adjudication.
All
felt this was a good discussion.
Open Space
Plan Approval
Postponed.
Approval of
Minutes for
Motion: Approve the minutes as written.
Motion: Ken Janson Seconded: Jerry Anathan Vote:
4-0-0.
Any other
business that shall properly come before the Board
Duane
wanted to talk about leash law – there have been no more incidents of rabies
reported– so should we revisit the issue?
She discussed it with Brian before and in another month there will be
another baiting. No cases since
summer. But let’s revisit it at another
meeting.
Health Agent’s
Report
Jane
Evans presented a written proposal from Jay Critchley
regarding a “Provincetown Historic Septic District Project” and informed the
Board that he was placed on the next agenda for discussion. The Chair felt this
was a frivolous request, ultimately not feasible under State Sanitary Codes
etc. She felt the Board is not obligated to put this on the agenda and all were
in agreement.
Motion: Mr. Critchley’s request to present his “Provincetown Historic
Septic District Project” as an agenda item be
denied. The Board of Health instructed
Jane Evans to let Jay Critchley know that he can
speak on this topic under the Public Statements portion of any Board meeting
Motion: Duane Gregory Seconded: Jerry Anathan Vote:
4-0-0.
Board Members’
Statements
There were none.
Adjournment
happened at
Respectfully
submitted,
Evelyn Gaudiano
Approved by _____________________________ on ____________, 2006.
Duane Gregory,
Chair