Provincetown Board of Health

Caucus Hall

December 20, 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

 

 

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

 

AGENDA

 

Public Comments

There were none.

 

New Business

21 Bradford Street Ext. – Herring Cove Village

Review Septic System Plan Design Changes

Reggie Donahue from Coastal Engineering presented the revised plan to the BoH.  It was prompted because the fire chief requested a larger turn around room for the fire engines in case of an emergency.  It is a reconfigu­ration of the buildings and the leach area.  No change in the original variance that was granted.  Conservation Commission has already approved this revised plan.

Motion:  Approve the revised plan C 2.2.2 dated November 19, 2007.

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

 

 

Motion:  Take 8A Commercial Street out of order.  Approved by all.

 

8A Commercial Street – Units 3 & 4

ACO Request

Health agent recommends approval.

Motion: Approval of the ACO request for 8A Commercial Street–Units 3 & 4.

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

 
47 Commercial Street

Request to Rescind Deed Restriction

The owner is requesting that the deed restriction recorded in 1998 that does not allow for any increase in square footage to the structures be rescinded

Motion:  Move to rescind the present deed restriction placed on the property at 47 Commercial Street and recorded on May 10, 1998 in Book 11439 Page 039.  The property is currently connected to the Provincetown municipal sewer system with a flow of 660 gpd.  Additionally, have the Health Agent to create a new deed restriction for the property limiting their bedrooms to the existing six with a flow of 660 gpd.  This new deed restriction must be recorded at the Barnstable County Registry of Deeds and Proof of Recording must be provided to the health agent. 

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

 

Discussion

25 Winthrop Street mounded system discussion

Jane Evans informed the Board that at Special Town Meeting on October 24, 1994 the Town voters agreed to a moratorium on all raised septic systems.  This property has a sewer main running in front and a stub installed for connection to phase II of the municipal sewer system.  The condominium association does not wish to connect to the sewer and are planning on installing an unvarianced mounded septic system. Jane doesn’t think the BoH can approve this because of Article:  STM 17 dated October 24, 1994 entitled Moratorium on Raised Septic Systems.  As Health Agent she does not feel comfortable going against a town meeting vote.  According to Wm. Rogers, II, he could design a non-varianced system for the property but it would have to be mounded. 

 

Wm. Rogers could not attend the meeting and Chris Snow, attorney for the majority owner of the association, was in attendance. Mr. Snow seemed to think that the moratorium did not carry any weight as to this property having to connect to the municipal sewer system.

The Board asked the Health Agent to contact town counsel to weigh in on the STM 17 article from 1994 and its impact on BoH decisions. 

 

Approval of Minutes for October 11 & November 8, 2007

Continued until members present are available to vote.

 

Any other business that shall properly come before the Board

Duane reported that she had attended a Licensing Board meeting and had found that there was an overlap in our published fees (Health and Licensing) and in some areas the fees are different for the same service.  She asked that Jane and Darlene get together and look at the duplication in fees.  Jane will set a goal for January ’08 to accomplish this and report back to the Board.   

 

422 Commercial Street – will come up at the January 10th meeting.  They have filed a request to appeal the Health Agents decision. 

 

5 School Street – This property is not in phase II of the municipal sewer district.

 

 

Motion:  Move to accept the 2008 meeting schedule for the BoH.

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

 

Health Agent’s Report

The DPW and the Selectmen are exploring the pay as you throw system of trash pick-up.  The residents of Provincetown in the past have been highly in favor of having trash pickup.  We are the only town on Cape Cod that provides trash pickup.  Most towns provide for dumping of trash at their transfer stations and if residents would like trash pickup they are required to contract with a private hauler. 

 

Health Inspector’s Reports

Brian will be submitting a grant to FEMA to put shutters on the hurricane shelters at the high school, town hall, and Community center. 

 

Brian also handed out a booklet titled FLU – What You Can Do.

Board Members’ Statements

There were none.

 

The meeting adjourned at 6:15 p.m.

 

Respectfully submitted,

E. Rogers Gaudiano

 

Approved by _____________________________ on ____________, 2007.

                                    Duane Gregory, Chair