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Board of Health Minutes 06/28/2004
                                                
A  meeting of the Sharon Board of Health was called to order at 7:20 P.M. on Monday evening, June 28, 2004,
 in the Sharon Town Offices, with the following members in attendance: Chairman Anne Bingham, Jonathan Goldberg, Suzi Peck,  and  Sherwin Goodblatt.  Also in attendance was Jim Andrews,  Health Agent for Engineering.

Mandarin Taste - Septic Repair          
The Board discussed at length estimates received from Mandarin Taste for replacement of the septic system, as well as a request from the Huis for another extension. The Board agreed to grant another extension to November 30, 2004, only under the following conditions:(1)Proof of 50% of money needed for construction escrowed OR a letter of credit to be received by Board of Health by July 31, 2004 and (2) A letter of commitment from the chosen contractor must be received by  the Board of Health by July 31st, 2004, stating that the work will be completed  no later than November 30, 2004.
The Board noted that there will be no further extensions except in the case of extraordinary circumstances, e.g., acts of God.  The Board asked that Mr. and Mrs. Hui be invited to the July 19th meeting where this issue may be further discussed.
                        
Coriander Bistro:
BOH reviewed the request from Coriander Bistro to approve basement space for “seasonal use” in the months opposite those when the patio is  available.  The Board asked that the owners of Coriander’s be invited to the July 19th meeting to discuss this request.  Following discussion, the Board’s inclination was to allow seasonal use of the basement only when the patio is not available (September through May) and only as long as total seat count doesn’t exceed 69 at any one time.

Stormwater Bylaw:
The Board asked Linda Rosen to notify Peter O’Cain that Suzi Peck and Anne Bingham will review this proposed bylaw.

Update on Dog Park
Jonathan Goldberg reported that the proposed Dog Park had been favorably reviewed by the Recreation Advisory Committee; DPW and Recreation Department will work with them on disposal of waste.  This is to be voted on by BOS on 6/29. Additional information re rabies, etc. , will be placed on the lakeside kiosks.

School Bus Idling.
Jonathan Goldberg left a message with the person handling the 3 year school bus contract to include reference re bus idling before start of school.  He also spoke with Ken Wertz re biodiesel to be used in the future.  

Sharon Mart: The Board asked that Sheila Miller make reinspection of Sharon Mart a priority.            

Pooper Scooper regulation:
Sherwin Goodblatt reported that he had spoken with an attorney friend who suggested that this would be a BOS responsibility.  Anne Bingham felt that it could be prepared and presented to BOS. Some towns have handled through BOS and some through BOH.  Sherwin Goodblatt also noted that Diane Malcolmson has stated she would have to actually see the offense in order for a ticket to be issued.  Board members felt that, although this might not be easily enforceable, it would be a good idea to have this regulation on the books.

6 Washington Place - Variance Request   
Scott Rolfe, Senior Project Engineer for Angle Tree Consulting and Engineering, Inc., was present, along with property owners  Dr. and Mrs. Aram Elovic for a proposed dental office (new construction) at 6 Washington Place.  The existing structure will be torn down. The existing dental office in use at 50 South Main Street  would no longer be used as a dental office.   Reserve area variance request....Art. 7 and Title V (local upgrade option).   Suzi Peck noted that all waste from the dental operation must go into a tight tank, not into the septic system.  Anne Bingham asked for the square footage of the existing building, vs. that of the proposed replacement building. 2 story dental office with 5 seats and office space is proposed....2500 gallon 2 compartment septic tank proposed.  Planning Board has asked that improvements be made .to improve Washington Place.  Suzi Peck reviewed the question of whether or not this is a question of manifest justice (particularly for new construction),  i.e., being deprived of all economic use of the property.  The Board reviewed that the equal degree of environmental protection could possibly be met; however, the manifest injustice issue remains.  BOH asked for additional effort to prove the manifest injustice.  Hearing to be continued to July 19th at 7:45 P.M.
                                                                        
11 Gabriel Road                 
Jonathan Goldberg recused himself, since he is an  immediate abutter to this property.  Ms. Diskin, property owner,  and John Glossa, P.E. were present to present a request for variances from Article.7 and Title 5 for this failed septic system.

VOTED: (Bingham/ Goodblatt)3 in favor/Goldberg abstained to allow the variances as requested in the May 24, 2004 letter from John Glossa, P.E., with the proviso that the distance of the system from the property line be maximized to the extent possible, but to potentially as low as 10 feet.  In addition: USE restriction: no more than 3 bedrooms; low flow toilets; recommendation for low flow front loading washer upon replacement;

Special Town Meeting Article:  Ben Puritz entered and stated that he had  spoken with Assistant Town Counsel regarding the BOH article rejected by the last Town Meeting (non-criminal violation for septic system issues) and the following penalties had been suggested: $100 for first offense , $200 for second offense; and $300 for third violation and each subsequent offense.

VOTED: (Bingham/Goodblatt)unanimously to present this article to the October 18th Special Town Meeting, as amended above. Jonathan Goldberg left the meeting following this discussion.

133 Oak Hill Drive - Variance request
John Glossa, P.E., was present to request variances from Article 7 and Title 5 regarding depth to groundwater with a FAST system for this address.

VOTED: (Bingham/Peck) unanimously to approve the variance requests dated June 15, 2004, with the proviso  that plans be amended to move system to as close to street as possible without necessitating the extension of the retaining wall.
Number of bedrooms to be restricted to 4; low flow showerheads, toilets; standard testing requirements. In addition,
Mr. Glossa will talk with installers for pricing of a separate meter for operation of the FAST system.  

Minutes of Meeting
Voted (Bingham/Goodblatt) unanimously to accept the minutes of the meeting of June 7, 2004.

The meeting was adjourned at 9:30 PM.