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Minutes of Meeting 09/08/2003
                                        Minutes of Meeting
                                             September 8, 2003
        
A  meeting of the Sharon Board of Health was called to order at 6:50 P.M. on Monday evening, September 8, 2003, in the Sharon Town Offices, with the following members in attendance: Chairman Anne Bingham, Vice-Chair Elizabeth Barnett, M.D., Andrew Stead, Suzi Peck and Jonathan Goldberg. Also in attendance was Jim Andrews, Health Agent for Engineering.

Proposed Changes to Article 7 - Rules and Regulations of the Sharon Board of Health
Suzi Peck expressed concern that no comments had been received from the Conservation Commission (or other boards).  Since a copy of the proposal had been sent to the board on June 30th, the Board agreed to
move forward with review/promulgation of Article 7. The Board reviewed a number of edits (mainly language changes) suggested by Anne Bingham.  A substantive change, suggested earlier, was that the maximum percolation rate be 30 minutes per inch (for new construction, since maximum feasible compliance would come into play for existing homes).

VOTED:(Bingham/ Stead) unanimously to promulgate these regulations effective thirty days following the date of publication of a summary of the regulation.  Anne Bingham will prepare a draft summary for publication.
                
Continued Hearing: 100 Ames St. Expansion - Striar Hebrew Academy of Sharon )(SHAS)
A number of abutters were in attendance as Ari Schwartz and Jim Devellis of Geller Devellis presented a proposal for expansion (for future full build-out) for the Ames Street campus of SHAS.  In response to comments at prior hearings, the proposal had been modified  to comply with both town of Sharon and Title V regulations – with no variances requested.

Voted: (Bingham/Peck) Bingham, Peck, Goldberg, and Stead voted in the affirmative; Barnett abstained:
To approve plans for SHAS on Ames St. as presented, without variances from Article 7 with the following conditions:  appropriate backup power is engineered into the plans; an O&M contract is entered into and evidence of continuation of that contract sent to the BOH annually; that the gas baffles be included on the plans; that the notes on the plans be revised;  that a financial assurance mechanism be entered into based upon figures presented by the Engineering company,  e.g, increase the letter of credit which already exists (to show that funds exist to repair/replace the system if necessary), with evidence to be sent annually; and that in the event that the leaching field has to be replaced, there shall be preference for staying in the area of the septic tank

SHAWS’ PLAZA - Septic repair
Rich Riccio of  Field Engineering presented a proposal on behalf of the new owners of the Plaza (Condyne, LLC has owned the property since June 2003) to replace the existing leaching field and add an additional 20,000 gallon primary septic tank to be used with an existing 13000 gallon septic tank. He  requested the use of actual water usage records to develop the design flow for the facility, stating that they have “..conservatively designed the facility for an effluent flow of 10,000 gallons per day”, i.e., over 200% of actual flows.  Board members stated that a groundwater discharge permit would be required at that level. The property is located in a Zone II to the Gavins Pond well - a nitrogen-sensitive area.  Susan Walsh, of 680 South Main Street, an immediate abutter,  complained about the constant odor from the system.   

VOTED: (Bingham/Goldberg)unanimously to deny the request by Condyne to use  200% of actual flows to design a system to repair the system serving Shaws’ Plaza




VOTED: (Bingham/ Stead)  unanimously to order that Condyne make an appointment to return to the Board of Health within 8 weeks with plans to remediate the situation and address the nuisance situation  in compliance with applicable law, pursuant to MGL chapter 111, s. 123.

Serge Wisotsky re: Underground Tank Testing Requirements
Mr. Wisotsky reviewed his statistics/figures and stated his belief that his methodology is appropriate.
Suzi Peck explained that a certified pressure test is required under state laws. ...there is no flexibility for the BOH to make exceptions.  She noted that the Board has been requesting this test for over a year and has been quite lenient.  

Jeannine Bergquist - applicant for massage therapy licensure
The Board asked that a copy of Ms. Bergquist’s AMTA certification be forwarded to the Board as soon as possible. In addition, Ms. Bergquist will ask Manijeh’s Skin Care to contact the Health office regarding licensing of her establishment for massage therapy..... since Ms. Bergquist would like to work at that location.
VOTED: (Bingham/Goldberg) unanimously to approve Ms. Bergquist’s application for licensure as a massage practitioner at any licensed establishment in Sharon.

Proposed Estates at Borderland
The Board reviewed comments by Andrew Stead to the ZBA regarding the Estates at Borderland. Andy Stead stated that if the town were to issue a permit for 85000 gallons of water usage, then no additional projects could be permitted.  It was decided to ask the ZBA whether this volume would trigger or exceed permitted volumes within the Water Management Act.  
VOTED: (Peck/Barnett) Peck, Barnett, Goldberg, and Stead voted in the affirmative; Bingham abstained.... Suzi moved/Barnett (Bingham abstained)  to send the Board’s comments as amended, with clarification of concern regarding the ability of town’s water supply to absorb the additional 85000 gallons.

Minutes of Meeting of August 25, 2003
VOTED: (Bingham/Goldberg) Bingham, Goldberg, Stead, and Barnett voted in the affirmative; Peck abstained....to accept the minutes of the meeting of August 25, 2003, as amended.

The meeting was adjourned at 9:45 PM.