Minutes of Meeting February 24, 2003
A meeting of the Sharon Board of Health was called to order at 7:40 P.M. on Monday evening, February 24, 2003, in the Sharon Town Offices with the following members in attendance: Chairman Andrew Stead, Vice-Chairman Susan Peck, Jonathan Goldberg, Elizabeth Barnett, and Anne Bingham.
Approval of Minutes of January 27, 2003
Voted: (Goldberg/Bingham) Stead, Peck, Goldberg, and Bingham voted to approve the minutes of the meeting of January 27, 2003. Barnett was not in attendance for the vote.
Revolving fund - Septic Variances
The Board reviewed and agreed to present the proposed article for Annual Town Meeting regarding setting up a revolving fund to help monitor compliance with septic variances. The Board will meet with the Finance Committee to discuss both proposed revolving funds on March 10th.
Old Post Road - Well Permit Hearing - Variance request
John Lee and his attorney, Henry Katz, were present to provide additional information regarding proposed new wells on Mr. Lee’s property at 509 Old Post Road. He has requested a variance from Article 16 (Well Regulations) to place his wells ten feet from the property line (requirement = 50 foot setback). The initial purpose is to provide water for his animals. He noted he might consider subdividing his property at some time in the future and, therefore, would then need the wells for drinking water. He explained that he is not on Sharon water and that Walpole will no longer service new Sharon residents.
A letter dated February 14, 2003,, from Atty. Paul Feldman of Davis,Malm, and D’Agostine, representing Striar Development (an immediate abutter to the property) was reviewed. Atty. Feldman urged the Board to deny the requested variance on the grounds of lack of manifest injustice. In addition, he noted that granting the requested variance would impair the installation of any septic system on the Striar property, should plans for development be brought forth.
Board members were unable to find manifest injustice in this instance. Atty. Katz questioned the authority of the Board of Health regarding determination of location of the wells. Suzi Peck explained the Board’s health concerns regarding the placement of wells near septic systems.
Anne Bingham stated that there is insufficient data at this point to determine that the wells may only be located where they are proposed. Andy Stead questioned whether there is not a plan for the proposed subdivision, to which Mr. Lee responded he has no current plans.
Andy Stead questioned whether the Board should continue the hearing without a true plan for contemplated development. Suzi Peck again questioned whether or not there is another location on the property possible for the wells, which may not require a variance from the regulations. It was reviewed that an engineering plan, architect, wetlands delineation, etc., would show that as well.
Atty. Katz questioned whether – if Mr. Lee should return to the Board with a proposed subdivision to the property - the Board would then require Mr. Lee to present such plans to the ZBA or Planning Board and to record new lots, thereby requiring additional expense by the applicant. Suzi Peck again noted that no variance would be required if the well met the 50 foot setback requirement.
Mr. Lee then suddenly stated that he would place his well so that no variance would be required, i.e., with a 50 foot setback. The Board decided to vote on the request as originally presented, and asked Mr. Lee to submit a sketch plan and a complete set of plans with a 50' setback for a new hearing...in compliance with the well regulations.
VOTED: (Bingham/Goldberg) Stead, Peck, Goldberg, and Bingham voted to vote on the motion currently before the Board (i.e., the variance request) . Elizabeth Barnett abstained.
VOTED (Bingham/ Goldberg)Stead, Peck, Goldberg, and Bingham voted .to deny the requests for well permits (including the variances requested) dated November 1, 2002.
Artificial Nail Regulations
VOTED: (Peck/Barnett Unanimously to approve the Artificial Nail Regulations, as amended.
Article 7 - Septic Regulations
The Board discussed changes previously proposed to Article 7. Anne Bingham will review the proposed changes.....to be discussed at the next meeting.
Water Department Master Plan
The Board reviewed a memo from Eric Hooper regarding the proposed schedule for water department capital projects, as related to health concerns.
Linda Rosen will forward a memo to Ben Puritz noting that the Board looks forward to discussing these issues further .....it is the Board’s understanding that a meeting will take place sometime in March to discuss these and other water issues.....
Board’s concerns include: there is no mention of addressing the septic systems in Zone I; efforts on conservation to help ensure an adequate supply; concerns about asbestos piping.
The meeting was adjourned at 9:40 PM.
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