A meeting of the Sharon Board of Health was called to order at 7:20 P.M. on Monday evening, July 19, 2004, in the Sharon Town Offices, with the following members in attendance: Chairman Anne Bingham, Suzi Peck, and Elizabeth Barnett, M.D. Also in attendance was Jim Andrews, Health Agent for Engineering.
Coriander Bistro
Jill Crawley was present for discussion of Coriander’s request to remodel and use the basement of Coriander’s for 19 additional seats, basically to provide some private space for groups. The Board reviewed that the restaurant is approved for 69 seats, with the first floor restaurant having 50 seats. Suzi Peck asked that, due to expansion in use by adding to the basement seating, either Coriander’s or the landlord provide some tracking to assure that the seating capacity is not overextended. Anne Bingham felt this would be onerous, but suggested an order limiting to total of 69 seats. Following discussion, the Board and Ms. Crawley agreed to a log with daily configuration of seating, to be available to inspectors upon request. .
Voted:(Bingham/Barnett) unanimously that Coriander’s be allowed to provide upto an additional 19 seats in the basement, with the understanding that the absolute limit of total number of seats on any given night remains at 69 (including the basement, first floor, and patio seating). A log (to be available to the Health inspector upon request) will be maintained by the owners demonstrating that they are assuring the 69 seat limit is not exceeded on any given night.
Jim Andrews and Linda Rosen will work on updating the septic system design flow analysis for the system servicing Coriander’s, Starbucks, etc., to confirm allocation of space. Jim Andrews will speak with Jack Sulik, who updated the analysis in 2002, to ask for assistance.
The Board agreed to cancel the August 9th meeting. The next meeting will be August 30th.
Pooper Scooper Regulation
Following review of a pooper scooper regulation drafted by Sherwin Goodblatt,
VOTED: (Bingham/Peck) unanimously to propose to the Selectmen that the BOH adopt this pooper scooper regulation, as amended, and to seek their comment in moving forward to present to Special Town Meeting ( if possible) for adoption of fines under the non-criminal method of disposition.
36 Quincy St. - Variance Request
The applicant did not appear. The hearing was continued to August 30th at 8 P.M.
Continuation of variance hearing - 6 Washington Place
J. David Simmons, President of Angle Tree Engineering, was present to respond to questions raised during the prior meeting. He reported that he had spoken with DEP, and that no one is quite sure how to classify dental waste (other than mercury). DEP has said they are probably moving in the direction of requiring a tight tank for such waste, but has not yet done so. The vacuum collection system (used by Drs. Elovik) collects, on average, about 3 gallons per seat per day. Discharge from all sinks would go into separate tight tank...to go to a licensed hazardous waste facility(not mercury). They can put in a compliant system...the only variance they will need is for a reserve area. Mr. Simmons stated that the system, which is not in the town’s water resource protection
district, is very conservatively designed.
Re: issue of manifest injustice. Mr. Simmons stated that he considers this reconstruction of an existing building (currently a home) on an existing lot. Dr. Ferrin will maintain the existing dental office building , with the proviso that he cannot have a dental office at that location for at least 5 years. Drs. Elovik, who are currently renting space from Dr. Ferrin, stated that they have searched for 5 years for a lot in Sharon appropriate for a new practice, and that they have signed a P&S on the new property contingent upon approval of the septic system. Suzi Peck noted that, it is untrue that the only economic use of this property is for a dental office. Angle Tree Engineering will continue to talk to DEP to argue that current flow numbers listed in Title V will not apply
to this situation....there is not a design number for this particular situation in the code (utilizing a vacuum system and tight tank); therefore they propose to use actual flow numbers. The system will also need DEP approval. The hearing was continued to September 13, 2004, at 7:30 P.M.
Allen and Alice Hui - Mandarin Taste
Mr. Hui asked for an extension to 8/31/04 for proof of funds escrowed or letter of credit, and for a letter of commitment from the chosen contractor; as well as an extension of deadline for work to be completed by 3/31/05. He is concerned about choosing the right contractor for the job.
Mr. And Mrs. Hui agreed to the terms set by the Board in the following vote:
VOTED: (Bingham/Barnett) unanimously that, an escrow agreement be entered into with the Huis, with proof of $150,000 in escrow immediately, and another $50,000 to be escrowed by August 31, 2004. There will be a commitment to complete the work as quickly as possible, but in no event later than March 31, 2005.
32 Michael Lane – variance hearing continued
Jerome Carr, Ph.D., of Carr Research Laboratory, Inc., discussed questions regarding mottling raised at the BOH hearing on November 24, 2003. He reviewed groundwater conditions and records, stating there were no observations of groundwater on the site. Anne Bingham noted the Board has inadequate information to proceed under the 1995 code. Attorney Robert Mangiaratti reviewed that there had been only one observation of mottling in 2002, but that the color was not noted; series of tests over many years indicate the groundwater is lower than mottling. Suzi Peck stated that the standard is to use mottling as a determination of high groundwater, vs. a monitoring well.
Anne Bingham requested a brief summary of what has been done to date, including references from Title V(re monitoring/groundwater, etc.). The hearing was continued to August 30th, 2004 at 7:30 P.M.
VOTED: (Bingham/Peck) unanimously to accept the Skin Cancer Protection Min-Grant in the amount of
$610, to be used to purchase additional shade umbrellas for the lake.
Walter Newman
It was agreed to invite Walter Newman to come to the Board meeting at 7:30 on September 27, 2004, for the discussion of nitrogen removal in the groundwater protection district.
Minutes of Meeting of June 28, 2004:
A vote on the minutes was postponed to August 30th.
The meeting was adjourned at 9 P.M.
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