Minutes of Meeting
November 24, 2003
A meeting of the Sharon Board of Health was called to order at 7:00 P.M. on Monday evening, November 24, 2003, in the Sharon Town Offices, with the following members in attendance: Chairman Anne Bingham, Vice-Chair Elizabeth Barnett, M.D., Suzi Peck, Jonathan Goldberg, and Sherwin Goodblatt. Also present was Jim Andrews, Health Agent for Engineering
Proposed Meeting Schedule
The Board agreed upon the following meeting schedule.....with all meetings to begin at 7:15 P.M.:
January 5, January 26, February 9, February 23, March 8, March 22, April 12, (Wednesday) May 12, and May 24.
Tobacco Control
VOTED: (Barnett/Bingham) unanimously to designate Sheila Miller and Linda Rosen as representatives of the Board of Health for the purpose of issuing tickets for non-criminal violation of tobacco regulations.
Acceptance of Donations
VOTED: (Bingham/Goldberg) unanimously to accept $50 in donations received to be deposited into the “Health Clinics Donation Account”.
Review of bill from Town Counsel
The Board reviewed a bill received from Town Counsel for services which were not requested. All members agreed that Linda Rosen will call to discuss the matter with Atty. Gelerman’s office and that the Board should not be responsible for these charges.
Minutes of Meeting of November 3, 2003
VOTED: (Bingham/Goodblatt) unanimously to accept the minutes of the meeting of November 3, 2003, as revised.
Septic System use Restriction Procedures
The Board reviewed and agreed with the use of the format provided by Atty. Gelerman’s office. Anne Bingham will further review and make changes in the standard document to be used by the BOH.
Jonathan Goldberg provided disclosure that, through his work at the Trustees of the Reservation, he is working with the Kendall Foundation, and will recuse himself from matters related to the Kendall Foundation.
Variance Hearing: Lot 32 Michael Lane
Michael Trowbridge of Hutchins/Trowbridge Associates, Inc., was present, along with Jerry Carr of Carr Research laboratory, to present a variance request for Lot 32 Michael Lane — to allow material to be excavated and replaced with clean sand and gravel to allow, in the opinion of the applicant, better filtration of the effluent. (S. 7.02.11 of prior edition of Article 7...now 7.02 (6) (b) ). Otherwise, it was requested that the system be accepted as presented, with no variance required... although mottling exists, no groundwater was found.
Jim Andrews stated that the standard rule of thumb is that the presence of mottling represents seasonal high groundwater. The attorney for the applicant noted that the 40,000 square foot lot has been in this ownership since 1994 and that the land has no value if no variance is allowed. He stated that the lot has no use except for a single family home...can’t be subdivided further. He further claimed that they would be protecting the environment by bringing in clean sand and gravel. The owner of the property, Mr. Paglia, is a principal of Massapoag Realty Trust, which purchased 5 lots through a son through Roundtable Construction.....4 of these lots were built out. Suzi Peck stated that there was never any certainty that they would be able to build on all 5 of these lots. The Board noted they did not see
the manifest injustice in this situation. . In addition, Suzi Peck stated that there is high mottling.....the property is at edge of a wetland.and , therefore, dangerous to build upon, with serious issues of virus/bacteria transport to wetland. She further stated that Sharon has unique circumstances to allow us to insist upon stricter requirements. At Dr. Carr’s request, the Board agreed to continue the hearing to a future date.....the applicant will take another look at the proposal.
Jennifer Lord-Baker - Applicant for Massage Licensure
The Board interviewed Jennifer Lord-Baker, who applied for licensing as a massage therapist, as well as for a massage establishment in her home. They discussed various medical aspects which would be contraindications for massage , e.g., concerns regarding diabetics, those with varicose veins, cancer patients, etc. Dr. Lapuck had inspected the premises and approved it pending the installation of a window in the office door (which has been completed).
Ms. Baker will check with the Building Inspector to ensure there are no zoning issues involved.
VOTED: (Bingham/Barnett) unanimously to grant licensure as a massage therapist to Jennifer Lord-Baker...noting her intention to operate out of her residence at 245 East Foxboro Street.
VOTED: (Bingham/Barnett) unanimously to grant a license for a massage establishment to Jennifer Lord-Baker for 245 East Foxboro Street, pending approval of the Building Inspector.
36 Quincy St. Alternative Technology Request - Geoflow
Steve Archer and Mait Walker (of Ecological Engineering Group) were in attendance to request a preliminary opinion regarding the use of a new on-site wastewater management alternative for Mr. Archer’s property at 36 Quincy St. The Geoflow Subsurface Drip Wastewater Disposal System recently received DEP approval. Mr. Archer is planning an addition to the house....with no additional bedrooms...and would like to have the smallest mounding possible, using this new technology– for both treatment and aesthetic reasons. Mr. Archer noted he has already removed living areas from the footprint of the house — will still have 3 bedrooms — but will reconfigure the floor plan to include 2 bedrooms upstairs with 1 bedroom downstairs. The system will have a prior treatment - Advantex.
He will still need to go through Conservation and ZBA on this project. The applicant requested a reduction of depth to groundwater of 2', along with the Advantex and Geoflow systems. Suzi Peck noted that the home is within feet of Massapoag Brook, and stated that she is leary of reducing depth to groundwater to that extent ...noting virus concerns. She stated that the Board has approved 2.5 feet in past, with u/v treatment. Mr. Archer noted that he would work with the aesthetics and retaining wall issue in order to best protect from viruses, perhaps meeting the Board with a 2.5 ‘ depth to groundwater. Suzi Peck asked that they come up with the greatest depth to groundwater possible.
Lot 106 - Eisenhower Drive - continued variance hearing
Bonnie and David Klayman, property owners, were present, along with Counsel Erica Bigelow and Engineers Kevin Kline and Jim Miller, as well as abutters Carole and Charles Bickoff for the continued variance hearing on this property. Atty. Bigelow noted that they had brought a court stenographer to keep the record. Anne Bingham stated that the board acknowledged that the stenographer would produce a transcript and asked that it be provided to the BOH for review. However, she said, the Board was not willing to say this would be the official record for the hearing.
Anne Bingham wanted to clarify the record by saying that, as far as she is concerned, Nicholas’ special needs are one element of many of manifest injustice . Suzi Peck disagreed and stated her opinion that the issue has to do solely with beneficial use of the lot. Anne Bingham further clarified that the Board is taking into account the materials received regarding Nicholas’ condition. Jonathan Goldberg and Sherwin Goodblatt had received the materials previously submitted , as well as minutes of prior meetings. Anne Bingham noted she had reviewed materials Suzi Peck had gathered on virus transport.
Additional information, dated November 24, 2003, was accepted from Kevin Klein.
Anne Bingham noted that a memorandum from Jim Andrews dated October 21, 2003, identified another variance – distance of naturally occurring soils in test pit #4 was 96" to groundwater - would be 24" shy. Test pit #3 - seasonal high groundwater = 62" assuming 5' above the bottom of the hole... ....... No groundwater observed....at depth of 122"...would be 2" below surface of the ground. Anne Bingham stated that, at this time, extensive discussion on this matter was not required, as there were a sufficient number of variances on which to make a decision.
Attorney Bigelow stated that the plan complies with building setbacks, but there is a wetland provision in the zoning code that it doesn’t comply with. There is a No build zone that makes the entire lot unbuildable. She stated they need to go to both ZBA and Concom with the proposal.
A letter from Carole and Charles Bickoff of 63 Eisenhower Drive, dated November 21, 2003, was added to record....the Bickoffs itemized a number of reasons for which they are strongly opposed to the project.
VOTED: (Bingham/Peck) unanimously to deny the request for variances from Article 7 for Lot 106 Eisenhower Drive noted in the September 24, 2003, request from Miller Engineering. Ms. Bingham noted that in the form in which the variance requests are set forth there are 7 separate setback distances ...some between field and wetland and some between field and property lines.. A written statement of the basis of this vote will follow up within 2 weeks...to set forth the board’s basis for claiming that none of the 3 standards of 7.08 l have been met; i.e., manifest injustice; the applicant has not provided the same degree of environmental protection; nor have they established that they have been deprived of substantially all beneficial use of the property.
The meeting was adjourned at 9 PM.
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