Provincetown Board of Health

Caucus Hall

August 23, 2007

5:00 p.m.

 

 

 Members Present:           Jerry Anathan, Tom Gaudreau, Duane Gregory(arr. 5:19)

Ken Janson, and John Livingstone.

 

Members Absent:            none                     

                                     

Health Agent:                  Jane Evans (excused absence)

 

Health Inspector:             Brian Carlson

 

The meeting was called to order at 5:00 p.m.

 

AGENDA

 

Public Comments

Michael Leger, chair of the Recycling Committee, said that he sees a lot that’s not being done.  He had a DEP pamphlet but said it is a bit out of sync with our local people.  The 2 local firms who are collecting trash are doing an excellent job for businesses.  There are two other firms who come along from out of town and they are not doing it properly.  Recycling trash is the law and he’s making a plea to everyone who will listen – to please comply.  We’re a progressive community.  Sandy Turner, DPW said that the two haulers who are not recycling have been kicked out of the transfer station and one of them got kicked out of Eastham, as well.  Local businesses are using them because – since they don’t recycle – they can haul trash cheaper.

 

Public Hearing

New Transfer Station Fees

The new fees have been published and were presented with no-one in opposition.  The new fees basically referred to disposal of tires and the cost of obtaining a recycling bin.  Sandy Turner was there to answer any possible questions.  There were none.  Michael Leger had a hand-out from his committee in support of the fees.

Motion:  Approve the new transfer station fees as presented.

Motion:  Tom Gaudreau     Seconded:  John Livingstone     Vote:  4-0-0. 

 

New Business

15 Hobson Avenue

Title 5 Variance Request

Jerry Anathan recused herself from the hearing.  Emily Beebe presented the plan to the BoH on behalf of Jeffrey Pratt, the owner of the property. 

 

The existing septic system consists of a single cesspool that is to be pumped and removed upon installation of the proposed new septic system.  There is another cesspool shown on the property which services 13 Hobson Avenue.  There is an easement in the deed that grants a 14’ no touch radius around the cesspool for protection and maintenance.  Board of Health regulations state that if a septic system fails on a property then all non-compliant septic systems on that property must be upgraded (Part VII; Article 13). The Health Agent recommends to the Board that the owners of 13 Hobson Avenue be notified that they must upgrade their septic system as well; especially since it is most likely sitting in groundwater. 

 

Mr. Bloch, the owner of 13 Hobson Avenue, is the abutter and feels his system is working fine and has for many years. 

 

Since our regulations allow for variance to this required upgrade for the entire property, Duane Gregory would like town counsel and Jane Evans, the Health Agent, to weigh in on this. 

Motion:  Approve the plan for 15 Hobson Avenue with a deed restriction limiting the number of bedrooms to the existing 2 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.  The Septic Installation Permit will not be issued until such time as the Board of Health (BoH) can determine through legal counsel the status of requiring an upgrade to the system at 13 Hobson Avenue.   The BoH will make this determination no later than October 11th with installation occurring within 6 months from October 11, 2007.  The BoH reserves the right to order the septic system serving 15 Hobson Avenue be redesigned if the property at 13 Hobson  Avenue is ordered to install a Title V system.

Motion:  Duane Gregory     Seconded:  Dr. John Livingstone     Vote:  4-0-0.

 

Mr. Bloch will be kept informed and the decision will be discussed at the Sept. 20th meeting.    

 

Discussion

5 Heather’s Way

Review revised floor plans

Since there was nothing in the file about 5 Heather’s Way, it was decided to postpone the review.

 

Approval of Minutes for July 26, 2007

Motion:  Approve the minutes as written.

Motion:  Ken Janson     Seconded:  Tom Gaudreau   Vote:  4-0-1 ab (JL)

 

Any other business that shall properly come before the Board

I)                  Duane Gregory has researched how the other towns on the cape regulate rental inspections and the fees associated with them. In most of the other Cape towns, it is a health regulation applying to all rental units, not a general by-law, and the fees are nominal.    She will supply packets of information for the Health Board members and the Selectmen for the joint meeting discussion.

II)              Health Inspector’s Reports

Brian Carlson said that so far it’s been a normal summer; he’s had a few compliance issues and the beaches have not had a lot of closures.  Ken Janson thought that the beaches are good because there has not been much rain.  Brian has been asked to expand the bacteria testing in the harbor and the Harbor Access Gift Fund will take care of most of the cost.  West Nile virus and increasing dog bites have raised their ugly heads but those issues usually happen in the summer.

 

The meeting adjourned at 6:40 p.m. 

 

Respectfully submitted,

E. Rogers Gaudiano

 

Approved by _____________________________ on ____________, 2007.

                             Duane Gregory, Chair