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Minutes of Meeting 01/13/2003
                                                                         
A meeting of the Sharon Board of Health was called to order at 7:40 P.M. on Monday evening, January 13, 2003, in the Sharon Town Offices with the following members in attendance: Vice-Chairman Susan Peck, Jonathan Goldberg, Elizabeth Barnett, and new member Anne Bingham. Also in attendance was Jim Andrews, Health Agent for Engineering.

Continued Hearing: Request for Variances - 15 Summit Avenue
Kristine Meaney, Project Manager of Toomey-Munson and Associates, was present to continue the hearing for variances requested for 15 Summit Avenue. Certified mail receipts were presented proving that certified abutters had been notified; no abutters were in attendance for the hearing.
The Board was in unanimous agreement to grant the approval as conditionally approved on December 16, 2002, as follows:

VOTED: (Stead/Peck)unanimously to approve the variances, as requested in the letter from Toomey-Munson and Associates, Inc., dated December 16, 2002. Low-flow plumbing devices will be required, as well as annual pumping of the system.  In addition, the Board  recommends replacement of the washing machine. This decision is conditional upon proof of no objections from abutters (a certified abutters list will be obtained from the Assessors’ office). The applicant must provide upto 10 days for abutters to comment.  

Discussion: Peter Dangelo - 140 Maskwonicut Street
Mr. Dangelo asked for a clarification of the Board’s intent to make changes to the existing Article 7 as to how his septic variance request for 140 Maskwonicut Street might be affected.  Susan Peck reviewed that the Board has been working on proposed changes, but does not yet have a definitive draft proposal for review. She further noted that the general idea is to make the regulations more sensitive to environmental conditions, rather than cut and dry.

Discussion: Robert and Tracy Fitzgerald re use of property at 70 E. Foxboro Street
Jim Andrews reviewed that a meeting had been held with Joe Kent, Fire Department, Conservation, and Jim Andrews to review their proposal..... no problem with the proposal was found by anyone in attendance at this meeting. The Fitzgeralds reviewed their plan to operate a small independent auto repair service at this location (which they have not yet purchased) and asked what constitutes change of use for this location and what would be required for the septic system.  Jim Andrews reviewed that it would have to be brought up to minimum standards.  The current owner stores his own cars and works on them; prior to that time the bus company operated a depot at that location.  The Board reviewed section 7.02.14 regarding change of use and determined that an upgrade to comply with current Title V would not automatically be required unless an expansion were planned. If a new inspection should trigger an upgrade requirement, an upgrade to comply with current Title V would be required. The Fitzgeralds have scheduled an appointment with the ZBA for later this month, per the Building Inspector.  Jim Andrews stated that, in practice, anytime a ZBA special permit is required, compliance with existing Title V is required.

Striar Hebrew Academy - 100 Ames Street -
        Discussion of proposed temporary modular classroom


James DeVellis, P.E., of Geller-Devellis, and Ari Schwartz, Len Simons, and Tzvi Diamond of Striar Hebrew Academy, were present on behalf of Striar Hebrew Academy and Young Israel.  In addition, abutters to the property were in attendance. Susan Peck explained that the hearing previously scheduled for tonight would not be held due to procedural errors, i.e., the fact that abutters to only one of 2 lots for this location were notified. She further clearly explained that no decisions would be made at this meeting...that a hearing would need to be held on the addition at some time in the future and that all information would need to be re-presented at that time; that no discussion from this meeting could be used towards any future decision; that all abutters to both lots would need to be notified prior to a hearing. The address (100 Ames Street) is listed in our GIS system as one lot; the location of the septic is listed as 50R Cottage Street. Mr. DeVellis presented an overview of the site and the proposed expansion, which will require a new septic system.  He explained that, pending the expansion, there is a 5th grade class moving to 6th grade, which will require a temporary modular classroom (66' x 28'). Susan Peck noted that the requirement is for 5 gal/day/person. Jim Andrews reviewed the original design flow for the facility – 960 gallons per day; current water readings averaged for the year at 915 gallons/day (based on 365 day year); the additional 15 students + teacher would = 75 additional gallons per day, resulting in 995/day.  Therefore,
Suzi Peck noted that an additional classroom would not be permitted. Anne Bingham expressed concerns about adding any flow to this existing system.  Mr. Devellis reviewed this would be a temporary situation – asked if the Board could make any suggestions . Jonathan Goldberg suggested the use of composting toilets – other water conservation methods. Mr. Devellis stated that
the proposed expansion would require one variance.  Suzi Peck reviewed that the Board has been extremely strict about granting variances for new construction.  Anne Bingham suggested the use of new technology to eliminate the setback issues. It was strongly suggested that they try to reduce the flow in some way, since it is currently near maximum.

A representative of an abutter noted that Young Israel and Striar must have been aware of the difficulty of expanding in this location when the lot was purchased 2 years ago.  It was his understanding that this was partly the reason for Temple Sinai’s move to a larger location. Jim Andrews noted that the needs of the organization have changed since the lot was purchased,

and that the site is expandable....perhaps with an alternate plan.  Anne Bingham repeated that a modular unit would probably not be allowed with the current design flow, and expressed concerns about precedent-setting.....except, possibly, under very limited circumstances and for a very limited time.   Mr. DeVellis stated that a new long-term solution could be designed without a need for variances. He further stated that the additional 75 gallons per day would not jeopardize health and safety. Jim Andrews suggested checking the facility for leaks...since he noted a large increase in flow this year over last year. Mr. Devellis asked about the possibility of a septic system being installed specifically for the additional classroom modular....on a temporary basis pending the new construction.  It was again suggested they go to DEP for approval of composting toilets....which would also require a return to the BOH for a variance for alternative technology.


Manicure Regulations
In preparation for the upcoming hearing, the Board discussed proposed changes in the manicure regulations, including the possible exempting of salons which only do strictly manicures(not artificial nails) from the ventilation requirements.

Request for Testing Reduction - 15 Laurel Road
VOTED: (Peck/Barnett) unanimously to deny the request to reduce testing for the FAST system.

Town Report
The Board agreed to forward the Board of Health/Health Department 2002 Annual Report, as prepared by Linda Rosen,  to the Selectmen for the annual Town report.

Acellular Pertussis Vaccine
Elizabeth Barnett notified the Board that Hank Bernstein, M.D., will be contacting Sheila Miller to update her on the experimental acellular pertussis vaccine study that he will be providing on a voluntary basis through the school department.              

BOH Website
Jonathan Goldberg complimented Linda Rosen on the continual updating of the BOH website .... at

The meeting was adjourned at 10 :05 PM.