Provincetown
Board of Health
Caucus
Hall
November
2, 2006
5:00 p.m.
Members Present: Tom
Gaudreau, Duane Gregory, Ken Janson, and John Livingstone.
Members Absent: Jerry Anathan (excused
absence)
Health Agent: Jane Evans (excused absence)
Health Inspector: Brian Carlson
AGENDA
Public Comments
There were none.
Public Hearing
STM Warrant Articles
STM Article 1. (Wastewater Optimization and Expansion)
Motion: Support STM Article 1.
Motion: Ken Janson
Seconded: John Livingstone Vote:
4-0-0
STM Articles 2 and 12.
(Zoning By-Law Articles)
The Board agreed that
neither of these articles (which are zoning articles) are germane to the BoH
thus they were not voted on.
STM Article 3. (Endorsement of the Climate Protection
Agreement)
Motion: Support STM Article 3.
Motion: John Livingstone Seconded:
Tom Gaudreau Vote: 4-0-0.
STM Article 4. Cape Cod Renewable Fuels Partnership
Motion: Support STM Article 4.
Motion: Ken Janson Seconded:
Tom Gaudreau Vote: 4-0-0.
STM Article 10. Town Board Quorums
Motion: Support STM Article 10.
Motion: John Livingstone Seconded:
Ken Janson Vote: 4-0-0.
Old Business
9B Carnes Lane
Title 5 Variance
Jason Ellis presented the
case which had been continued from the previous meeting. All the abutters have been properly notified.
Motion: Approve the title 5 variance for 9B Carnes
Lane.
Motion: Ken Janson
Seconded: Tom Gaudreau Vote:
4-0-0.
396 Commercial Street
Title 5 Variance
Jason Ellis presented this
case which had been continued from the previous meeting on October 19th. Additional information was needed and
provided at this meeting. It is a 9
bedroom house and has had a walk-through.
Motion: Approve the Title 5 variance with a deed
restriction for 9 bedrooms to 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 the septic system installation permit.
Motion: John Livingston Seconded:
Ken Janson Vote: 4-0-0.
New Business
9 Browne Street
Administrative Consent
Order
Motion: Change the order of
business and hear 535 Commercial and a massage license request prior to 9
Browne Street and 27 Conant Street.
Motion was made,
seconded and approved by all.
535 Commercial Street
Appeal Health Agents
Decision - Bedrooms
Sue Buerkel presented the
case to the BoH. Sue and members of the
BoH carefully went over the plans for the property.
Motion: Grant the appeal of the Health Agent's
decision. 1st floor unit 2
bedroom status as requested.
Motion: Ken Janson Seconded:
John Livingstone Vote: 4-0-0.
Cara Rein
New Massage Therapist
Brian Carlson said all her
paperwork is in order and he just needed to make a copy of her driver's license
for the picture I.D. part of the application.
Motion: Approve the new massage therapist license for
Cara Rein.
Motion: Tom Gaudreau Seconded:
Ken Janson Vote: 4-0-0.
9 Browne Street
Administrative Consent
Order
Motion: Grant BoH approval for an ACO.
Motion: John Livingstone Seconded:
Ken Janson Vote: 4-0-0.
27 Conant Street
Administrative Consent
Order
Motion: Grant BoH approval for an ACO.
Motion: Ken Janson
Seconded: Tom Gaudreau Vote:
4-0-0.
Approval of Minutes for
October 5 & 19, 2006
Motion: Approve the minutes of the October 5th
meeting.
Motion: Ken Janson
Seconded: John Livingstone Vote:
4-0-0.
Motion: Approve the minutes of the October 19th
meeting.
Motion: Ken Janson
Seconded: John Livingstone Vote:
4-0-0.
Any other business that
shall properly come before the Board
There was none.
Health Inspector’s
Reports
Brian is waiting to hear
about his CORI application.
He had e-mail hand-outs
about the recent tobacco case. Duane
said she can't understand why the citation from the Barnstable County Tobacco
Control and Compliance Program should come to our local BoH in an appeal
process. She feels if the person accused
wants to appeal it should be done before the above mentioned County Compliance
Program.
Ken Janson said that if it
happens in the future, the consensus of the BoH is that the appeal should be
sent directly to Barnstable.
Brian will follow-up on the
procedure with Barnstable. DG said the
citation is all hearsay and no details, not even the name of the clerk.
Board Member Statements:
Dr. Livingstone has been working on the large groups of motorcycles
and said that there’s a nuisance law as well as a decibel law. How can we assess whether it’s a health issue
or not? Would it come under something
further?
The meeting adjourned at
6:00 p.m.
Respectfully submitted,
Evelyn Gaudiano
E. Rogers Gaudiano
Approved by _____________________________ on ____________, 2007.
Duane Gregory, Chair