Provincetown Board of Health

Caucus Hall

March 22, 2007

5:00 p.m.

 

 

 Members Present:        Jerry Anathan, Tom Gaudreau, and

Duane Gregory,

 

Members Absent:                   Ken Janson, and John Livingstone, both

                                      excused.

Health Agent:                Jane Evans

 

Health Inspector:          Brian Carlson

 

AGENDA

Public Comments

There were none.

 

Public Hearing

Articles in the Special and Annual Town Meeting Warrant

Jane Evans' recommendations were that there was nothing referring to the BoH in the Special Town Meeting articles since Articles 1 and 2 will be stricken from the agenda.

 

Articles in the Annual Town Meeting Warrant

ATM - Article 6 - FY 2008 CIP

          Items  9 - Stormwater Master Plan Improvements,

         10 - DEP Water Mgmt Permit-New Source Development

         11 - DPW Water - North Truro Air Force Base Wells Upgrade

Motion:  The BoH recommends the above items in the 2008 CIP budget.

Motion:  Tom Gaudreau        Seconded:  Jerry Anathan       Vote:  3-0-0.

 

ATM - Article 9 - Cape Cod Greenhead Fly Control District Assessment

Motion:  The BoH supports ATM - Article 9.

Motion:  Jerry Anathan       Seconded:  Duane Gregory        Vote:  3-0-0.

 

ATM - Article 13 - Grant of Easements in Town Lands on South Hollow Road in Truro.

Motion:  The BoH recommends approval of ATM - Article 13

Motion:   Tom Gaudreau     Seconded:  Jerry Anathan        Vote:  3-0-0.

 

ATM - Article 20 - FY 2008 Human Services Grant Program

Motion:  The BoH supports ATM - Article 20.

Motion:  Jerry Anathan      Seconded:  Tom Gaudreau      Vote:  3-0-0.

 

ATM - Article 25 - Resolution:  No War in Iran

Motion:  The BoH supports the ATM - Article 25 resolution.

Motion:  Duane Gregory        Seconded:  Tom Gaudreau     Vote:  3-0-0.

 

New Business

197 Bradford Street

Title 5 Variance Request

Alan Cabral from Felco presented the plan to the BoH.  The installation will need 5 variances. 

 

An abutter, Bonnie Glasgow, expressed concern about her grove of trees.  Both Alan Cabral and Jane Evans assured her that the installation would not harm her stand of trees.

 

Neither Alan nor Jane had done a walk-through to ascertain the number of bedrooms so the motion - in part - stemmed from that fact.

Motion:  Approve (contingent upon the Health Agent's walk-through to verify the number of bedrooms) with a deed restriction limiting the number of bedrooms to the existing two and that the existing studio is restricted to accessory use only.  This 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.

Motion:  Jerry Anathan      Seconded:  Tom Gaudreau      Vote:  3-0-0.

 

1B Jerome Smith Road

Title 5 Variance Request

Alan Cabral of Felco Engineering presented.  The property is currently being served by a single cesspool.  The waterline is in the front and doesn’t need to be disturbed.  Both Alan Cabral and Jane Evans feel that a walk-through is in order.

Motion:  Approve (contingent upon the Health Agent's walk-through to verify the number of bedrooms) with a deed restriction limiting the number of bedrooms to the existing three.  This 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.

Motion:  Jerry Anathan        Seconded:  Duane Gregory      Vote:  3-0-0.

 

21 Bradford Street Ext.

Board of Health Variance Request

David Krohn, one of the owners, and Reggie Donahue from Coastal Engineering presented the plan to the BoH.  This will be a mixed use residential and tennis club.   The residential facet will have a 3 unit affordable housing component.  They propose removing one tennis court and reducing the distance to the wetlands from the Board of Health Requirement of 100 ft down to 51 feet (Title 5 requires a 50’ setback).  The project will require Conservation Commission approval as well. 

 

Duane had questions about the lofts that are not being counted as bedrooms.  They have to be open to below so as not to provide the minimum isolation necessary to be considered a bedroom.  The plan doesn’t show an open baluster – just shows the knee-wall.  There will be 26 bedrooms total.  Some will have basement walk-out bedrooms.  Jane Evans will do the final walk-thru after construction. 

Motion:  Approval of the BoH variance provided that the building plans submitted with the building permit application be issued with the lofts that are not to be considered as bedrooms having open balusters and also a deed restriction limiting the use to 3,860 gallons a day. This 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.

Motion:  Tom Gaudreau      Seconded:  Jerry Anathan       Vote:  3-0-0.

 

Jose Perez - New Massage Therapist

Brian Carlson verified to the BoH that all Jose's paper work was in order.

Motion:  Approve the new massage therapist license for Jose Perez on the condition that all his health papers are received.

Motion:  Jerry Anathan       Seconded:  Tom Gaudreau     Vote:  3-0-0.

 

Discussion

Larry Meilleur – Massage Regulations

Larry Meilleur who has been a licensed massage therapist for the last 17 years wanted to know the reasoning behind Provincetown's restriction on outdoor massage.  This is the only town where he doesn’t see massage/escort advertisements and he appreciates the diligence of the BoH in that regard but he feels he’s being unfairly punished for conducting a fair, honest business by not being allowed to conduct outdoor chair massages.  That brings him to the point of outdoor massage.  He would like to be able to give chair massages in his front yard because he has an excellent location for it.  He particularly objects to unlicensed people blowing in for a weekend, setting up outdoor massage booths when there is no health inspector on duty, and making around $1K during a fast weekend.  Because there is no enforcement, he feels that the $1K gleaned by illegal massages is the $1K that he loses by the judicial conducting of his business. 

 

He wants to understand why outdoor chair massages are not allowed.  Jane will talk to Pat Pajaron, our former Health Inspector, regarding this.  Larry will work with the BoH and Jane feels that barring any legitimate public health concerns this should be allowed provided it takes place on the business property and not town property (i.e. sidewalks). 

 

Duane Gregory said she would like the BoH to have a public hearing.  She would plan to do it by mid-May.  She also asked Brian to try drafting something.  We still wouldn’t vote on anything.  Jane will talk to Pat, too.

 

The outdoor massage issue will be addressed in the near future.

 

Approval of Minutes for March 8, 2007

Motion:  Approve the minutes of the March 8th meeting.

Motion:  Jerry Anathan     Seconded:  Tom Gaudreau      Vote:  3-0-0.

 

Any other business that shall properly come before the Board

Duane told Jane and Brian - if they have a problem with any more latecomers wanting to be put on the agenda - just say, I have to check with the chair and/or the agenda is too full.

 

Health Agent’s Report

Jane Evans is looking into food service licensing and grease traps.  She will be fully involved in that.  What she’s worked out with Darlene, the Licensing Agent, is whether the licenses issued are for fast food or for full service.   The flow allowed per seat is less for fast food than for full service and Jane and Darlene are making sure the license states that appropriate designation so that the establishment can be checked in the future.   Should they be found providing full service on a fast food license they will be putting their license in jeopardy

 

Also Jane said that Matt Mulvey, the new Building Commissioner is totally supportive of the grease trap pumping problem and how it relates to the municipal sewer as well as septic system.  Because Jane’s hours were cut from the wastewater budget there’s no enforcement and all that grease is going into our sewer system.   We have to have inspection, education and enforcement.  Jane would like to work with licensing and make renewals contingent upon restaurant owners attending a mandatory class on grease management which she will offer.  If a restaurant/ food service facility changes owners then the new owners must go through the class as well.  She would also like to make renewing a food service permit contingent upon showing proof of pumping the grease trap from the previous year.

 

Health Inspector’s Report

Brian Carlson said that he is on vacation next week.  He will be putting up new rabies signs.  Everything is good.  Jane added that we do need new beach closure signs and asked Brian to talk to Jackie the custodian regarding this issue.

 

Adjournment happened at 6:25 p.m.

 

Respectfully submitted,

Evelyn Gaudiano

E. Rogers Gaudiano

 

Approved by _____________________________ on ____________, 2007.

                             Duane Gregory, Chair