A meeting of the Sharon Board of Health was called to order at 7 P.M. on Monday evening, October 20, 2003, in the Sharon Town Offices, with the following members in attendance: Chairman Anne Bingham, Vice-Chair Elizabeth Barnett, M.D., and Suzi Peck. Also in attendance was Jim Andrews, Health Agent for Engineering.
Notice of Responsibility
The Board reviewed a Notice of Responsibility received regarding Shaws’ Plaza - Kindercare.....and Anne Bingham reported on her conversation with the L.S.P. of Condyne, Shaws’ Plaza management. Elizabeth Barnett agreed to follow up with Kindercare to ensure that the appropriate notifications were provided for parents.
Jay and Karen Schwab
Jay and Karen Schwab were present to discuss moving the existing business “Sweethearts Three” from the current location in Newton, since the hotel in which the business is currently housed will be taken down. She would like to move to 24 Pond Street (since she lives in Sharon) to the former location of Crazy Craig’s. She reviewed the procedure for making chocolate. She has one tempering machine for the dark chocolate from Belgian. For the other types of chocolate, she has small melting pots. Very few utensils are required. Discussion took place regarding the amount of water required for the business. Mrs. Schwab reviewed that most of her business consists of custom-dipped fruits and nuts. The Schwabs will provide copies of the existing license from Newton, as well as their
wholesale license, and Standard Industrial Classification (SIC) code. Board members noted that, as long as the SIC code does not fall into a category where discharge to a septic system is prohibited, the Board was inclined to allow the business. The possibility of requiring a tight tank was raised. The Board will review once all the information has been received. A followup appointment was scheduled for November 3rd.
Saphire Manor
Jim Andrews updated the Board on ongoing slow progress relative to the Saphire Manor septic system.
Minutes of September 29, 2003
The Board postponed a vote on these minutes, since Elizabeth Barnett was not present for the entire meeting of September 29th.
Lot 106 - Eisenhower Drive - Variance Request Hearing
Present: Property owners David and Bonnie Klayman, Erica Bigelow, attorney for the Klaymans; Jim Miller of Miller Engineering, who designed the plan; Kevin Kline of Norfolk Ram Group, who reviewed the plan; Chuck Bickoff, a direct abutter.
Variances requested from Article 7 are: 1. Distance from soil absorption system and reserve area to street – from 25' to 10'. 2. Distance from soil absorption system and reserve area to wetland – from l15' to 96' and 86'. The proposed plan meets the requirements of Title 5.
Attorney Bigelow noted that the design is for a 3 bedroom home with a 3 car garage. The subdivision includes Eisenhower Drive and Castle Drive. She said it is not technologically feasible for the Klaymans to adapt their existing home to accommodate the handicaps of their son Nicholas. She stated that it is extremely important that Nicholas’ environment be stable, so as not to cause deterioration in Nicholas’ condition. Attorney Bigelow also noted her opinion that, in accordance with Article 7, section 08C, the owners would be deprived of substantially all beneficial use of the property if the variances were denied.
Suzi Peck noted that, in her opinion, Nicholas’ special needs are not relevant to this discussion. She stated that counsel has told the Board that it is allowed only to review issues of manifest injustice and environmental issues. Attorney Bigelow stated that , at the Board’s request, they would not discuss Nicholas’ condition, but also noted, for the record, that she believes Nicholas’ medical situation is germaine to the discussion. Anne Bingham noted that the Board already has received a great deal of information relative to Nicholas’ condition.
Kevin Kline reviewed engineering issues relative to the proposed design. Jim Andrews stated there is a potential question of construction in fill. He stated that they do not have 5' above naturally occurring soil. Suzi Peck asked how equal environmental protection is provided. Kevin Kline stated that the proposed Bioclere system would provide reduction in bacteria. Suzi Peck expressed concerns about movement of viruses.
Ms. Bigelow stated that the purchase price of this property is not relevant. Suzi Peck asserted that was not accurate, in her opinion. Anne Bingham expressed her concerns about such a large footprint for a 3 bedroom house. She noted that the house is 4500 square feet.....and there are 3 children. At Elizabeth Barnett’s questioning, Kevin Kline responded that the planned location of the septic system is the only possible location. He also noted that the Klaymans will still need to return to the Conservation Commission with the design of the house, although the Concom has already approved the wetlands delineation.
Further discussion took place regarding the issue of manifest injustice. Ms. Bigelow stated that case law supports that the only use of a property may be a residential home. Ms. Bingham disagreed that this was an accurate representation of case law. The issues of Fair Housing were raised. Ms. Bigelow noted that her clients are prepared to challenge the decision of the Board if a permit is denied.....and asked that the system be approved conditional upon preliminary design plans.
Anne Bingham announced discussion on this issue would be closed....and asked that a preliminary plan be presented, so that the Board may assess whether or not additional bedrooms may be included. She further asked if the applicants would be willing to hire an outside expert. The attorney responded that the applicants would not be willing to do so . Kevin Kline will document what he stated tonight, i.e., why the plan provides environmental protection equal to Article 7. Jim Miller and Kevin Kline stated that no system can be designed to completely weed out viruses. Jim Andrews will again review the plan and discuss with Kevin Kline.
Attorney Bigelow asked if the Board members not present for this meeting would be able to vote. Anne Bingham stated she would want a full board to vote on the issue. Suzi Peck noted that the Board’s rules would not prohibit the absent members from voting.
The hearing was continued to November 24th at 7:45 P.M.
The meeting was adjourned at 9:30 P.M.
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