Minutes of Meeting
October 25, 2005
A meeting of the Sharon Board of Health was called to order at 7:20 P.M., in the Sharon Town Office Building, with the following members in attendance: Anne Bingham, Chair, Elizabeth Barnett, Suzi Peck, and Sherwin Goodblatt.
New BOH member
Anne Bingham noted that she had reviewed the file regarding Stan Rosen’s 1996 appointment to the BOH/the nepotism issue. She noted that he had already been appointed by the BOS and sworn in by the Town Clerk. She reviewed that the letter sent by the Board of Health to the Personnel Board in 1996 re Stan Rosen’s appointment followed Town Counsel’s interpretation of the nepotism bylaw and expressed that Linda Rosen’s continued employment would be in the best interests of the town. The entire Board agreed that this was true today as well. Sherwin Goodblatt stated that he did not see a need to recuse himself from a vote on this issue....and recommended that Stan Rosen’s appointment by the BOS should stand. Suzi Peck volunteered to again write a letter to the Personnel
Board regarding Stan Rosen’s appointment to the BOH....stating this fact. She also noted that her only concern about the appointment was on the issue of appearances.
VOTED: (Bingham/Peck) unanimously to send a letter to the Personnel Board similar to the letter sent in 1996... regarding Stan Rosen’s appointment by the BOS to the BOH...that Linda Rosen’s continued employment is in the best interests of the town.
The sense of the board was to agree that Anne Bingham will send a letter to BOS...asking that, in the future, as a courtesy, the BOH be provided with the c.v. of anyone interested in BOH membership, as well as the opportunity to comment prior to appointment.
Reorganization of the Board: Anne Bingham stated she would be willing to continue as chair for another 6 months. (She became chair in May of 2003.) Suzi Peck stated that Ms. Bingham’s legal background and process understanding made her an excellent chairman. The positions of chair and vice-chair are
generally revisited every October, following Selectmen appointments and re-appointments to boards.
VOTED: (Peck/Goodblatt) unanimously that Anne Bingham remain as chairman of the BOH.
VOTED: (Goodblatt/Peck) unanimously that Elizabeth Barnett remain as vice-chairman of the BOH.
VOTED: (Peck/Goodblatt) unanimously to revise BOH policy #3....as follows:
“It is desirable that the Chairman of the Board shall change periodically. The chairmanship issue shall be revisited once a year.”
Da!? Restaurant issues
The Board was disturbed that the Health Department has been unable to conduct an inspection of DA!? Restaurant since January, despite several attempts, since we have not found the restaurant open during the business hours listed on the door. They asked that Sheila Miller attempt another inspection during the posted business hours prior to October 31st; that, unless the Health Department can gain access to the restaurant, the restaurant owner be provided with 24 hour notice that the restaurant will be closed by the BOH. The Board will not sign the Food Service Permit for DA!? until an inspection has been conducted.
Anne Bingham asked that the BOH regulatory authority for this action be verified.
VOTED: (Goodblatt/Bingham) unanimously that Sheila Miller attempt another inspection of DA!? Prior to October 31st; that, unless the restaurant is found to be open and an inspection can be conducted, pending verification of the BOH regulatory authority, the restaurant be provided with 24 hour notice that it will be closed.
Old Post Road 40B development - continued hearing
John Chessia of Coler and Colantonio, and Atty. Gavin Cockfield were present.
It was noted that there is an ongoing appeal of the amended ZBA decision by abutters.
The applicants provided responses to letters received from abutter John Lee, and from Walpole’s Health Agent Robin Chapell, as follows:
The issue of mounding raised by John Lee in his letter dated October 4, 2005, had previously been discussed at a BOH meeting...shown in the revised engineering report prepared by Coler and Colantonio –revised May 18, 2005. The elevation of mounded groundwater will be marked on the final revised plans.
An additional condition of approval would be that all terms and conditions of the amended Comprehensive Permit or any future amendments thereto, so much as they relate to the Title V system, shall be enforceable by the Board.
If the project is approved, an addendum will be provided listing all documents related to the Board of Health review of this project. (In the future, this will be done for other systems of this complexity as well.)
Any modification in the as-builts, as well as any deviations in the plans dated October 17, 2005, as further revised to reflect the additional comments of October 25, 2005, shall be reported to BOH before construction begins.
Responses to letter from the Town of Walpole dated October 24, 2005:
A cover has been added to the plans.
Every 2 years, the head pressure at the ends of the pipes will be checked;
Annually in May or June, the covers are to be checked to be sure they are in good shape.
To be noted on plans: force main encased in concrete at the crossings;
Title V soils removal note to “A” and “B” horizons shall be added to plans;
A structural design of the retaining wall has yet to be done. Developer will accept condition that such design showing how the wall will comply with Title V be provided to the BOH.
Also, requirement to be added for checking annual maintenance, i.e., visual inspection of the retaining wall for cracks, movements, or weeping. Any sign of weeping or failure shall be reported to the BOH with a plan for remedying the problem.
Engineer will add North arrow to plan.
Jim Andrews was in agreement that test pits were done in the reserve areas. He stated that we are not questioning the soils.
Comments on Memo from J. Gavin Cockfield to BOH dated 10/17/05:
No more than 3 persons may reside in any unit.
BOH Approval to include 10/17 memo...#3...re maintenance of the pool.
Operation and Maintenance Plan appended to the Condominium Trust to reflect concepts above (including checking annually for cracks, etc..)
Requirement to add to definition of “floor plans” in condominium documents the final revised plan title.
Also to add to Rules and Regulations of the Condominium Trust : “Toilets are intended for human waste only”’; and cat litter may not be flushed into the system.
Also to be added to the decision and to the Condominium Trust: All terms and conditions of this approval shall apply to any successor, heir, or assign of the permittee.
Voted: (Bingham/ Peck) unanimously to approve the plans originally dated 3/1/05, as amended 10/17/05, for the construction of a disposal works construction system to serve the Residences at Old Post Road; and that the variances from Article 7 requested be granted, provided that the additional amendments to the plans, Condominium Trust, and Master Deed changes agreed upon at the Board of Health meeting of
10/25/05 be provided to the BOH prior to recording. A letter to the applicant will include all such changes; there will also be an appendix of all comments attached.
Proposed Massage Regulations
The Board agreed to several changes in.... suggested by Elizabeth Barnett..e.g., removal of the requirement for a medical clearance from a licensed physician; removal of the requirement for a window in the door of the massage room.
Elizabeth Barnett will follow up on the CORI requirement, as they specifically relate to the Board of Health.
The meeting was adjourned at 9:20 P.M.
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