A meeting of the Sharon Board of Health was called to order at 7:15 P.M. on Monday evening, March 7, 2005,
in the Sharon Town Offices, with the following members in attendance: Elizabeth Barnett, M.D., Vice-Chair, Sherwin Goodblatt, Suzi Peck, and Anne Bingham, Chair. Also present was Jim Andrews, Health Agent for Engineering.
Discussion of Board membership
Board members expressed serious concerns about Jonathan Goldberg’s lack of attendance or participation for many months, despite efforts to reach out to him. It was agreed to send him a letter requesting that he make a decision as to his ability to continue as an active member; otherwise, the Board will have to ask that the Selectmen seek another member.
Change in Schedule
It was agreed to change the starting time for meetings to 7:30 P.M. effective March 28th.
Checklist....Artificial Nail Establishments
BOH in agreement with use of inspection form for Artificial Nail Salon Establishments drafted by Sherwin Goodblatt, with changes by Linda Rosen and Jack Lapuck.
Regulation re Artificial Nails
Following discussion of ventilation issues, etc.,
VOTED: (Bingham/Barnett) unanimously to make the following changes to Article 25 of the Rules and Regulations of the Sharon Board of Health, Regulation Pertaining to the Operation of Manicuring Salons Providing Artificial Nail Services....
IV. Standards of Establishments
5) Ventilation: Renumbering of existing lines a) through I).....
Plus inclusion of: Requirement of constant use of fan or exhaust system when establishment is open; and that notice (in English) be prominently posted for patrons and employees to see noting that the exhaust system must be operating at all times the establishment is open.
Variance request (preliminary): 157 Edgehill Road
Lev Abidor, engineer, appeared on behalf of potential buyer (who has contingency on property) to request a preliminary opinion regarding obtaining a variance from Article 7 (minimum distances from wetlands) for a lot at 157 Edge Hill Road. Board members explained that in general no variances are given for new construction ---- only for existing properties requiring upgrades, where there are no other alternative solutions. Anne Bingham noted that, in effect, this is not a buildable lot. Suzi Peck reviewed the rationale for the town’s regulations which are stricter than Title V regarding minimum distance; i.e., to protect the public health of the town; to help prevent viruses and bacteria from getting into the surface water, wells, etc; that this is a pollution prevention issue; that the town, which
is mainly on septic systems, relies on wells for drinking water.
Anne Bingham provided an advisory statement to the applicant that it would not be worthwhile to make a formal request for this proposal. The Board was in unanimous agreement with this statement.
Sonya Tkach - 9 Gannett Terrace
Mrs. Tkach , who currently works as a hairdresser in Brookline, made a request to work part-time out of the basement of her home. The Board explained the Title V requirements regarding a tight tank (and pumping of tight tank) for hair salons. It was noted that the proposal is potentially approvable.....an application and notification to Dep would be required (for the tight tank). Mrs. Tkach had spoken preliminarily with Ken Jones. The Board suggested Mrs. Tkach investigate the requirements further......have a system designed.....and come back with drawings and an official proposal to Jim Andrews, followed by a hearing before the Board.
Hunter’s Ridge Development – Continuation of Hearing
About 25 abutters were present for this hearing, in addition to applicants for the Hunter’s Ridge Development Frank Gallagher, P.E., Gallagher Engineering, and Nick and Christina Mirrione. Attorney Jonathan Witten (of the abutters’ Homeowners’ Association) was not able to attend.
A revised plan dated 3/3/05 was presented; the leaching field was moved to 20 feet from lot line. No variances required. Each lot requires its own septic permit in addition to approval of 2 shared systems. The plan was presented to the Board for conceptual approval at this point ....then to proceed through DEP to be issued approval letter/permit. Board members stated they wish to again review the proposal after it goes through the DEP process. Anne Bingham provided disclosure that , in her capacity as an attorney with the S.E. Region of DEP, she works on shared systems ; but that, as is customary within the Department, she will not work on a shared system from Sharon if this project goes forward. BOH members were concerned about bedroom definition (more stringent in Sharon regulations).
Suzi Peck stated that any approval by the Board would be contingent upon the applicant writing into the Covenants the Board’s specific definition of a bedroom.
Suzi Peck expressed concerns re erosion; Frank Gallagher responded that they are working through Concom to achieve this protection..to be maintained with loam and seed.
Suzi Peck reiterated that covenants need to be explicit using language from BOH regulation regarding what constitutes a bedroom; and that homeowners aren’t allowed to alter the property in this regard; also re maintenance of ground cover with loam and seed. to protect against erosion. She stated that these requirements should be included in the BOH approval letter should the project make its way successfully through DEP.
Wayne Godlin of 49 Lantern Lane raised numerous questions on behalf of the abutters (Homeowners’ Association)
Anne Bingham responded that 310CMR 15.292 1A must be complied with (in regard to setback requirements)
Mr. Godlin discussed concerns about the Bradley property at 153 N. Main St., i.e., that the bottom of basement which is at 250' fills with 2 feet of water in spring. He questioned, therefore, why no water was found in test pits. He further questioned the number and location of test pits dug. Mr Gallagher responded that they had satisfied the technical requirements of the code with test pits. Suzi Peck noted that there may be reasons other than groundwater, e.g., rain water, for the basement flooding problem. Mr. Bradley noted that he is in a high water table...serious seasonal problem...and that he is concerned about risk from possible runoff from shared system to an area where the water table is high. Anne Bingham stated that the BOH can only enforce existing
standards; that, as long as developer does everything to meet minimum standards of the code and Article 7, the Board is not empowered to do anything other than enforcing these standards. She noted that the Board has seen full compliance from the developer and that she sees no reason not to go forward.
The Board paused this hearing at 8:45 P.M. for another appointment.
Jonathan Marcus....5 Robin Road.....
Jonathan Marcus, along with engineer John Glossa, presented an Informal request for a large septic system to replace the existing system, which is currently in failure. The home is now a 3 bedroom house ....he would like to add to the house resulting in 5 bedrooms, requiring a mound for the septic system. Suzi Peck responded that requiring a mound would constitute a variance from the regulations; she repeated that, for public health reasons, the Board does not generally grant variances for new construction and that mounded systems tend to break out. She stated that the system, now in failure, must be replaced, but without a mound, and that the home would need to remain at 3 bedrooms.
Resumed hearing on Hunter’s Ridge at 8:55 PM
Additional questions from Wayne Godlin (and other abutters) on behalf of the Homeowners’ Association.... concerns raised based upon letters sent by Horsley and Witten (hired by the Association when the Silver Tree subdivision was proposed) to the Association four years ago, with mention of a possible intermittent stream. Anne Bingham reiterated that all the evidence shows the project has been designed with strict compliance to local and state regulations and that the Board cannot deal with conjecture. She further stated that the Board has seen no evidence that any underground water will be contaminated by the placement of these systems, which have been designed in accordance to state and local regulations. Mr. Godlin requested that the BOH pass along to DEP concerns of the
abutters. Anne Bingham stated that, if and when the BOH sends an approval letter to DEP, a copy will be sent to Mr. Godlin; that the best way for the abutters to preserve their rights would be to send comments directly to DEP and to put in a standing public records request to DEP to see all documents related to this project. Sherwin Goodblatt requested copies of letters from Horsley and Witten. Mr. Mirrione noted that he had conducted a full hydrological study on the property. As a result, a peer review engineer recommended changes in plans.....which were implemented. Mr. Godlin noted his concern that only one test pit was done in the primary leaching field for the first (or one of the first) shared systems in town.....at a high elevation of 255 feet. He stated he believes the abutters have direct evidence from an abutter 20 feet away from the proposed system that the high water table is at 252 feet. ...which is the exact elevation of the
leaching field 20 feet away. He requested that additional test pits be dug at the edge of the leaching field. Suzi Peck reviewed the reasons why she feels the test pits which were dug are reasonable and sufficiently representative.
Ina Kornetsky of Lantern Lane stated her appreciation for the efforts of BOH and developer to try to reassure the
abutters. But she expressed concerns about who will help the abutters if this new system (not tried and true in Sharon) fails. Anne Bingham and Suzi Peck explained that financial assurances will be required from the new homeowners’ association; a formula set by DEP will determine the money to be placed in escrow from the homeowners to solve potential problems....estimating the repair and replacement costs. Suzi Peck also stated that an abutter could also sue for damages. She also noted that, since the Sharon BOH regulations are more stringent than the State Regulations, should the system fail, there would be enough separation that it would be difficult for runoff to reach property lines.
Sherwin Goodblatt stated that he felt there were sufficient concerns such that the BOH should further explore the proposal. Anne Bingham noted that the Board has 45 days to act on a proposal from the date the application is completed.....and that, with the revised plans presented tonight, the application can be considered complete as of this date (March 7, 2005). Mr. Mirioni volunteered that, between tonight and when the system proposal comes back to BOH from DEP, he will do additional testing. Another abutter expressed concerns about future surface breakout onto his property, since he is downstream from the planned project.
Suzi Peck reminded the Board that any vote at this time would be to provide preliminary approval to allow DEP to issue its permit; the proposal then will come back to BOH; which will then make certain it is sufficiently protective of the public health. The BOH cannot legally deny something which is in compliance with our regulations.
MOVED: (Bingham/Barnett): not voted: to approve the project and send it on to DEP, with a copy of approval letter to Wayne Godlin on behalf of the abutters’ Homeowners’ Association (who will also provide to the BOH office an email listing of all abutters to receive copies of this letter) as follows:
The Sharon BOH conducted an extensive review of the shared system plans (last updated March 3, 2005) for the proposed Hunter’s Ridge Active Adult Community, as designed by Gallagher Engineering. The Board voted unanimously on March 7, 2005, to approve the project for DEP to proceed with its review and further evaluation, with a request that:
1) DEP specifically take note of any hydrological information provided by prior reports of Horsley and Witten (to be provided by Wayne Godlin on 49 Lantern Lane)...to see if this information has any impact or changes the validity of the hydrological work done on the site itself by the proponent and/or the third party review done for the Board by SGC Engineering.
2) During the course of the review, once the snow has melted, a site visit be scheduled to review the property, and that the BOH and abutters be invited to attend this site visit, which should have a specific emphasis upon whether or not a surface water stream, not previously identified to exist, runs in any close proximity to the front leaching field.
Please note: The only question remaining before the Board of Health is the issue of a possible surface intermittent stream within 125' of the proposed leaching field. Neither the Conservation Commission nor the town’s engineer have said that this stream exists. Therefore, the Board requests that DEP further examine this question.
3) Furthermore, if and when the proposal is approved by DEP, the BOH asks that, in addition to its customary authority to issue a disposal works construction permit for the shared systems, the Board be allowed to again review the Homeowners’ Association Title V Covenant and Easement and financial assurances.
4) In addition, at the hearing on March 7, 2005, Chairman Anne Bingham provided disclosure that , in her capacity as an attorney with the S.E. Region of DEP, she works on shared systems ; but that, as is customary within the Department, she will not work on a shared system from Sharon if this project should go forward.
VOTED (Bingham/Barnett) unanimously to approve the motion as stated above, with an amendment by Suzi Peck, stating that “...the Board would rescind our approval in the event that this stream is found.....and that it runs in any close proximity to the front leaching field.
The meeting was adjourned at 10:15 PM.
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