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Board of Health Minutes 09/13/2004

A  meeting of the Sharon Board of Health was called to order at 7:20 P.M. on Monday evening, September 13, 2004,  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.

Voted: (Barnett/Bingham) unanimously to amend the Board of Health tobacco regulations, in accordance with memo from Linda Rosen dated 7/26/04, as further amended. Definition and language changes, in accordance with the new Massachusetts Smoke-Free Workplace law, are involved.

Voted: (Barnett/Bingham) unanimously to accept the new Pooper-Scooper Regulation, as amended, as Article 26 of the Rules and Regulations of the Sharon Board of Health. The Board again agreed to move forward with an article for the May Town Meeting  to include violations of this regulation under non-criminal enforcement.

Hearing – 6 Washington Place
J. David Simmons of Angle Tree engineering was present, along with Lorraine Whritenour, executor of the estate of Paul Stella, and  future property owners Dr. And Mrs. Elovik, to request the withdrawal of  the variance request previously submitted, which would have allowed for the omission of a reserve area for the septic system of a proposed dental office at 6 Washington Place.  The withdrawal of the variance request follows discussions with DEP regarding changes in dental practices and current and future usage of state-of-the-art waterless collection and separation systems.

MOVED: (Bingham/Peck)....no vote taken....
to approve the proposed septic system upon receipt of a revised application reflecting the amended plans with notes to 9/13th plan as discussed tonight.
Motion then withdrawn.

VOTED: (Bingham/Peck) unanimously that the BOH return the application for construction of a septic system at 6 Washington Place  to the Health Agent for Engineering  for him to issue a disposal works construction permit consistent with a revised application to reflect amended plans dated 9/13/04, in addition to notes to 9/13th  plan as discussed by BOH at this meeting...and that the Board approve the proposed septic system with no variances requested or required.

Clivus New England - Greywater Regulations
A letter of support was requested for greywater regulations.  Discussion was postponed until the next meeting.

Minutes of Meeting of August 30, 2004
VOTED: (Bingham/Peck) unanimously to accept the minutes of the meeting of August 30, 2004, as amended.

Hearing: Proposed septic system for 55 and 15 General Edwards Highway
Richard Merrikin, P.E., of Merrikin Engineering and Joel Fishman, Attorney at Law, were in attendance to  present plans for a Lexus dealership at 55 and 15 General Edwards Highway (not in Zone II or aquifer....but on Neponset River tributary). This dealership will replace an existing facility currently located down the street.  In calculating their request, they used 200% of existing water use at current facility. Current facility has 38 bays; proposed facility to have 50 bays. Figuring “back room” use of the facility, the Board was.not comfortable with use of 200% of existing water use.   (150 gpd x 50 bays plus  retail space).  The board requested better flow numbers. ..expressed concerns re car washing....where flow to go..... ?whether this will be considered  industrial wastewater?? And Board members asked that the applicant check to see how this wastewater will be categorized  and handled per  DEP (see 15.004 of Title 5). The applicants were also asked  to provide additional detail on the car washing units to be used. Mr. Merrikin noted they are also pursuing Walpole with a request to connect to the sewer system. Suzi Peck noted that the applicants wouldn’t want to create a hazardous waste site.

The hearing was continued to 9/27/04 at 8:30 PM....with the following BOH requests for further information:   Sizing of system (including further information from DEP)....details on car washing units......standard protocols for all fugitive effluent.., including floor washing.

Variance Hearing - 36 Quincy Street
Property Owner Steve Archer and Mait Walker, P.E, were present. Mr. Archer asked if he could tape record the meeting.
The applicants requested remedial and upgrade approvals for the Advantex AX-20 system. The request was for
2' separation of depth to groundwater.  Suzi Peck reviewed 11/24/03 minutes involving concerns regarding viruses, at which time the Board requested the greatest depth to groundwater possible, i.e., at least 2.5' depth to groundwater based upon concerns re viruses.  Anne Bingham expressed her disappointment that a 2.5' depth to groundwater had not been demonstrated in this plan.  Currently no mounding is required. According to Mr. Walker, there were 2 plans ...one with  2' separation and another with 2.5'.  According to Suzi Peck, an additional 6" of soil would make a huge difference, particularly since the property is so close to a stream.  Mr. Archer stated that he has gone through a lot of hurdles to get to this point.  Board members stated that 2.5 ‘ separation in any area as close to a surface water as this is as low as BOH has allowed to date.

VOTED: (Bingham/Peck) unanimously to approve setback and groundwater variances as requested (from Article 7 and Title V) on the plan dated 6/30/04....showing 2.5' separation to groundwater...with the use of the Advantex AX-20 System.  A sieve analysis will be allowed.  In addition, there will be a deed restriction that the home remain a 3 bedroom house; A signed O&M agreement to be provided to the BOH, with the following testing requirements: BOD,TSS,PH,TKN,Ammonia, Nitrites, and microbial testing. System must remain under maintenance agreement, with pumping in accordance with the manufacturer’s requirements and annual report to the BOH. (Mr. Archer expressed concern about quarterly testing following the first year; Anne Bingham explained that this has been required to date....the Board is discussing the issue.) ; Water conservation devices required: including low-flow toilets, faucets, and showerheads; No mercury switches allowed; any new owner must be provided with a copy of the variances and conditions.
The Board also recommended that, if and when the washing machine needs replacement, a low flow washer be purchased.

Variance Hearing: 69 Edgehill Road      
Michael Moreshead, contractor , and property owner Donald Schiarizzi, were present to request variances from Article 7.....Wetlands setback variance to 54'...and reduction of groundwater separation from 4' to 3'.
VOTED: (Bingham/Peck) unanimously to grant variances requested in application and to approve plan revisions dated 9/7/04; note on plan should be changed to 200% of design flow (from l50%). There will be a deed restriction limiting this home to no more than 4 bedrooms; water conservation devices required: including low-flow toilets, faucets, and showerheads; annual pumping required; recommendation for a low flow washing machine.

The meeting was adjourned at 9 PM.