A meeting of the Sharon Board of Health was called to order at 7:30 P.M. on Monday evening, August 22, 2005,
in the Sharon Town Offices, with the following members in attendance: Chairman Anne Bingham, Suzi Peck, Elizabeth Barnett, M.D., and Sherwin Goodblatt.
Sherwin Goodblatt reminded the Board of the statement he read into the record at the prior meeting notifying the Selectmen and Board of Health of his past relationship with the Striar family, referencing an opinion from Attorney Lauren Duca of the State Ethics Commission, who advised him to notify the Selectmen ( the appointing authority) of his relationship, impartiality, and no interest in any proposals brought forth by the Striar family.
Application for Licensing of Massage Establishment
The Board again reviewed a request by Tziporah Shiller to request licensure of a massage establishment at her residence at 29 East Chestnut Street. Dr. Lapuck had inspected the premises and found it to be satisfactory, with 2 exceptions: A sign must be posted stating “No Shower” and the requirement for a window in the door leading to the massage area was not met, although there is a window leading to the massage room from the side yard....there are blinds on the window which Ms. Shiller will keep 3/4 closed. Elizabeth Barnett stated that, in her opinion, a window leading to the outside would serve the same purpose as a window to the massage room.
VOTED: (Bingham/Peck) Bingham, Peck, and Barnett in the affirmative; Goodblatt abstained ...to license Tziporah Shiller to operate a massage establishment at her residence at 29 East Chestnut Street provided Ms. Shiller is apprised that the current massage regulations will likely be amended in the very near future and that she will be required to comply with these regulations once they have been approved. In addition, ta sign must be posted stating “No Shower”
The Board also agreed that the “window in the door” section should be included in the revised regulations, with variance procedures specified.
108 Brook Road - Variance Hearing (Continued)
Bill Gottwald, Engineer, Mike Moreshead, Conractor, and Herb Glick, homeowner were present to request reduction in separation to groundwater from 5' to 4'. After some discussion, it was agreed to continue this hearing to September 12th when corrected plans will be shown, showing drains on the plan, and making sure that there is a 25' distance from the leaching field.
Informal Hearing: Hunter’s Ridge Project
Project, including 2 systems, was approved by DEP. Developer Nick Mirrione noted that.no substantive changes made by DEP; just grammatical changes in legal documents. He further stated that the only issue remaining was the issue of the BOH definition of a bedroom. He presented copies of proposed homeowner documents — covenant and easement. Also to include: agreement and educational materials re no garbage disposals. Anne Bingham also requested no hazardous waste...along with education. Mr. Mirrione estimated that units to start in mid-500's. Only 3 residents per unit......all residents must be at least 55.
Suzi Peck reiterated her concerns about the proposed den shown in plans possibly being used as a bedroom. Following discussion, Mr. Mirrione agreed to remove a wall shown in plans in order to eliminate an enclosed private space. Also, the following to be added in deeds: walls cannot be built to close off rooms to make extra bedrooms. 2 models... to bring plans for 3rd model once ready.
Anne Bingham: to be added to deed restriction: 3 persons all 55+ in all units; cannot add walls or doors where there aren’t any; can’t dispose of any paint, solvents, or other hazardous material or material that can disrupt a septic system. No construction that would create a private space that could meet the Sharon BOH Article 7 definition of “bedroom”.
VOTED: (Bingham/Peck) unanimously that the Hunters Ridge Project developer meet with Jim Andrews re approval of 2 septic system disposal units.....with changes to homeowner deeds to be inserted as discussed at BOH meeting on 8/22/05 ; also to be added to plans approved by DEP on 7/20/05. Also, all terms and conditions in DEP approval dated 7/20/05 to be incorporated on plans.
Discussion of proposed articles for Special Town Meeting
Gina Maniscalco, chair of the Planning Board, was present. Discussion of proposed Planning Board articles for Special Town Meeting, as well as proposed BOH articles re MUOD and CSD.
Gina Maniscalco reviewed the various Planning Board articles previously proposed for the Fall Town Meeting, noting that the Board may not go forward with any or all of these in 2005.
Suzi Peck drafted language re: MUOD and CSD, basically to clarify that the BOH still has permitting authority....and that environmental impact must be respected. Ms. Maniscalco expressed her approval of the proposed articles....she will present them to Planning Board ASAP. The BOH will present these proposed revisions to the existing bylaws to Town Counsel....and then will hold a hearing on these proposed items on September 26th.
Accessory apartments
Arnold Kublin, Chair of the Council on Aging Advisory Board, was present to begin a dialogue on the issue of accessory apartments. Gina Maniscalco of the Planning Board agreed to assist him in this endeavor.
Anne Bingham stated that the BOH can issue approvals for apartments, with consideration for the environment and public health.
Arnold Kublin reviewed that he had discussed with Planning Board the possibility of changes in zoning bylaws/ modifying language in existing zoning bylaws to allow in-laws and/or other family members to move in with family members when needed. He noted that his goal is along the lines of family values....to help the process become less adversarial to help families stay together if at all possible....possibly to produce a guide on how to create an accessory apartment in a home.
Brainstorming:
Develop policy/guideline. ...to guide people through the various codes/boards.
Anne Bingham agreed with the concept, but noted that the BOH would need to be sure any apartment would comply with environmental laws. Arnold Kublin gave examples used in other communities:
deed restriction so that the home doesn’t become a 2 family home;
occupancy be for a renewable period of time.
Sherwin Goodblatt suggested the possibility of eliminating an existing bedroom in a house in exchange for an accessory apartment.
Suzi Peck noted that Sharon differs from other communities in that it is 98% septic and relies on groundwater. If there is an increase in the number of bedrooms, the leaching field size must be increased. She suggested temporary solutions, such as some sort of trailer. She further emphasized that there are certain state rules under Title V that we cannot change.
Gina Maniscalco agreed to work with Arnold Kublin to develop a succinct document to review what now is and is not possible. The BOH will review this document once it has been prepared. Elizabeth Barnett suggested that the format of a Q&A might be most helpful, spelling out specific impediments people have faced in this issue. It was suggested that the Building Inspector could provide ideas for this Q&A.
Minutes of Meeting:
VOTED: (Bingham/Goodblatt) unanimously to accept the minutes of the meeting of July 11, 2005, as amended.
VOTED: (Bingham/Goodblatt) Bingham/Goodblatt/Peck voted in the affirmative....Barnett abstained....to accept the minutes of the meeting of August 8, 2005.
The Board agreed to hold the minutes of July 25th, 2005.
Alternative Systems
Suzi Peck called FAST maintenance people and was told there is no way to tell if people have shut off the system. Further discussion to take place at the next meeting.
Dogs on the Beach
Linda Rosen provided historical documentation of an existing ban on dogs on the beaches.....with applicable fines....established by the Selectmen as Park Commissioners. It was agreed to forward this documentation to the Police Chief to ensure future enforcement.
The meeting was adjourned at 9:50 PM.
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