A meeting of the Sharon Board of Health was called to order at 7 P.M. on Monday evening, April 25, 2005,
in the Sharon Town Offices, with the following members in attendance: Anne Bingham, Chair; Elizabeth Barnett, M.D.,Vice-Chair, Suzi Peck; and Sherwin Goodblatt.. Also present was Jim Andrews, Health Agent for Engineering.
Discussion - Warrant Article 31
The Board reviewed and discussed Article 31 of the May 2005 Annual Town Meeting Warrant. This Planning Board article asks to amend the Zoning By-Laws to allow expansion of the Mixed Use Overlay District (MUOD) , which allows denser development of businesses and residential apartments, into areas within the Surface or Groundwater Protection Districts which had previously been excluded (including the Wilber School). The board members discussed concerns about the possibility of adding additional nitrates to town wells. Following review of GIS maps, the board agreed that, at a minimum, if we want to do this, we need to link this action with a comprehensive sewer plan for the town.
VOTED:(Peck/Goodblatt) unanimously to argue against this article as written due to the sensitivity of the areas involved, which are already densely developed and which contribute to town wells; also to link this action with development of a comprehensive sewer plan for the town.
Recycling/Garbage Municipal Contract
BOH agreed to forward the municipal trash bid proposal to the Board of Selectmen for approval, as revised by Suzi Peck to include recycling.
Public Hearing - Fee structure for BOH Fund for Monitoring Compliance with Septic Variances
Anne Bingham provided information on the Septic Variance Monitoring Fund, which was previously approved by Town Meeting. She reviewed the fees which were being proposed in order to help provide a review/monitoring mechanism (Fees will be imposed on existing systems holding variances, as well as all those issued in the future):
Annual compliance fees for each onsite wastewater disposal installation requiring a variance from Title V and/or Article 7 (local regulations), upon which reporting and testing requirements have been imposed including annual or more frequent pumping, testing, or other actions. Residential Systems: $50 annual fee for systems requiring a variance (not including I/A systems); $100 annual fee for those systems including I/A systems.
Commercial Systems: $100 annual fee for systems requiring a variance (not including I/A systems); $200 annual fee for those systems including I/A systems. All annual fees are due to the Board of Health office on January 1st of each year and will be deposited into the revolving fund to help ensure compliance by owners.
Following the chairman’s presentation, she invited comments, of which there were none.
VOTED:(Bingham/Goodblatt) unanimously to amend Article 7 to establish fees as noted in above paragraph. First fees will be due effective January 1st, 2006, and then annually thereafter. Fees will be advertised and existing variance-holders will be notified of this new requirement.
Massage Therapists
Elizabeth Barnett reported on her efforts to confirm information provided by 2 applicants for massage licensure at the last meeting.
Re Jennifer Aycock : Elizabeth Barnett emailed and faxed Southern Cross University, but, to date has received no response. The Board agreed that, since Ms. Aycock’s attendance could not be verified, the application is incomplete at this time. Linda Rosen will notify Ms. Aycock that the Board must defer a decision at this time; however, if she can provide more specific information, e.g., a specific office or phone number to contact, the Board will follow up on her application.
Re: Michelle Dayan-Shiller: Elizabeth Barnett spoke with someone at the Baltimore School of Massage, who knew the applicant personally and was very comfortable recommending her. Also she is aware that more stringent criteria will be forthcoming once the massage regulations have been revised.
VOTED: (Barnett/ Bingham) Barnett, Bingham, and Goodblatt voted in the affirmative; Peck abstained.... to grant a Massage Practitioner License to Michelle Dayan-Shiller, reminding her that more stringent criteria will be forthcoming in the near future.
Minutes of Meeting of March 28
VOTED: (Bingham/Peck) unanimously to accept the minutes of the meeting of March 28, 2005, as amended.
Variance Hearing: Kendall Whaling Museum....Cullinan engineering..
Present: Gare Reid, Manager of Kendall Whaling Museum (owned by Kendall Whaling Museum Trust) and Andre Pimentel, from Cullinan Engineering;
Kendall Whaling Museum is not open to the public at this time; no change in use proposed;.repairing the system. There are 3 houses on the property; the only occupants are maintenance people; they will possibly renovate other 2 homes for rental. There are 3 lots and 2 leaching fields. No pressure dosing required. Total acreage = just under 6 acres; they would agree to a use restriction with a maximum cumulative design flow.
VOTED: (Bingham/Barnett) unanimously to grant variances from Article 7 requested in application of Kendall Whaling Museum Trust dated March 29, 2005 provided there is a deed restriction filed in each chain of title, restricting total flow to all parcels on property to 2225 gpd; 2 separate use restrictions: 880 gpd for the 2 parcels that share a system; 1345 gpd for the existing museum/apartment. Other conditions: water conservation devices; no mercury switches allowed; and any new owner must be provided with copy of variance/conditions.
40B Hearing: Residences at Old Post Road
Present: Eric Skadburg of Coler and Colantonio, representing Old Post Road LLC;
40B proposal for 635 Old Post Road...just south of the Walpole Country Club... Proposal is for 2 buildings, each with ten l bedroom apartments; twenty-one 2 bedroom apartments; and two 3 bedroom apartments. 11 test pits were conducted on the site; Total flow = 9820 gpd.for the 2 buildings. They propose a gravity sewer system behind the buildings designed with 2 septic tanks.; they propose filling the site, including leaching fields in filled soil. (Question arose about the need for additional variance for construction in fill.)
This 40B was approved by ZBA.; however, Old Post LLC has appealed; neighbors are objecting through a Housing Appeals Committee, and three direct abutters are pursuing in Superior Court (John Lee, Phyllis Wiley, and the Walpole Country Club).
John Lee of 509 Old Post Road: Mr. Lee is a member of ZBA; however, he recused himself from th vote on this project. He stated the applicant seeks a comprehensive permit for an over 55 project (allowing lower flow rates). He said the ZBA did approve this 40B with a number of conditions; also, the neighbors prefer a groundwater discharge permit.
Additional comments: One building has no basement; other building has l/2 basement; apartment style units.
The Board requested architectural plans with layout of units.
Anne Bingham asked why should we review this project now when the final design may be in flux....she suggested we might want to wait to resolve litigation issues;
Suzi Peck asked if treatment were put in, could the size of leaching fields be reduced, thereby providing more protection, and eliminating setback variance needs;
Mr. Pelletier of 833 Old Post Road: by Walpole Country Club: stated he is concerned about his well water; property is swampy on one side; expressed concerns about increased flooding if a more impervious surface is created.. Maureen Smith of 196 Baker St. Walpole stated that no official 55+ project actually proposed.
John Lee: the project is in the draft Zone II of Walpole’s wells dated February of 2002; very limited peer review conducted by Gale Engineering; .huge concern about drinking water wells. Mr. Lee expressed concerns about the leaching fields being placed under pavement, which is to be done only under extreme circumstances, in accordance with 310CMR15.240(7). He stated that drinking water wells are located within 150 feet of the proposed leaching field and expressed concerns about contamination of these wells.
Anne Bingham stated that the BOH would insist upon O&M.plans; that this is a lot of flow on a small amount of land.; questioned why salt and runoff will not impact neighbors’ wells and septic systems?
Concom review is in progress...Notice of intent filed..
Additional questions - Anne Bingham: How keep it to over 55 only?
Percent of impervious surface of front 2 lots?
Public documentation on flooding of the road nearby?
Ms. Bingham noted that the BOH would request a financial assurance mechanism to ensure longterm maintenance.
Jim Andrews noted that the project meets Title V requirements (as required for a 40B project).
Anne Bingham stated that, following further hearings, the BOH is inclined to request a third party review given the complexity of the project....
VOTED: (Bingham/Barnett) unanimously to continue the request indefinitely; the question of pending litigation was raised; the Board needs answers to questions asked; the Board made it clear that a 3rd party review will probably be sought. The applicant is to notify the Board of Health when he wishes to come before the Board again. Abutters to be notified again when another hearing is held. .
The meeting was adjourned 8:55 PM.
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