Minutes of Meeting of January 23, 2006
A meeting of the Sharon Board of Health was called to order at 7:30 P.M., in the Sharon Town Office Building, with the following members in attendance: Anne Bingham, Chair, Elizabeth Barnett, M.D., Vice-Chair, Sherwin Goodblatt, and Stanley Rosen. Jim Andrews, Health Agent for Engineering, was also present.
Request for variance from Massage Regulations
The Board reviewed a request from Richard Walba for a variance from the BOH massage regulations to work as a physical trainer in Sharon. After reviewing the materials provided by Mr. Walba, the Board did not feel that a variance would be appropriate.
VOTED: (Bingham/Rosen) unanimously that Mr. Walba’s proposed work as a physical trainer does not qualify him for an exemption from the regulations....that he must obtain a license as a massage therapist to work in Sharon.
6 Washington Place:
The Board reviewed a request by Angle Tree Engineering on behalf of Dr. Eram Elovic for an extension of the Disposal Works Construction Permit for 6 Washington Place. The permit was issued by the Board on September 13, 2004, for a 12 month period.....expired permits cannot be renewed.
VOTED: (Goodblatt/Bingham) unanimously to deny the request to extend the expired permit for
6 Washington Place. The applicant must apply for a new permit.
2006 Annual Report
The Board reviewed and approved the proposed submission for the 2006 Annual Town Report, as prepared by Linda Rosen.
Odor Complaint
Jim Andrews reported on complaints received from 325 Bay Road about a sulphur smell in the area. To date, he has been unable to locate the source of the odor, which, according to the complainant, comes from somewhere between East and Belcher Streets. Anne Bingham suggested utilizing an odor complaint log form. She will locate one at DEP and provide for Jim, Police, Health Dept., etc, to try to pinpoint the source of the problem.
Community Center Septic System Update
Tony Stella, P.E., of Site Engineering Consultants, and Tom Scarlotta, architect of Bh&A, Inc., were present, along with project manager Maureen Doherty, to review plans for septic system for the Community Center assuming a positive vote on the project on January 31st. The current plan is for a flow of 13000 gpd; they will check classification of “office space” for basement area, particularly in light of a planned kitchen in basement, and will look at the numbers for the flow again. Jim Andrews noted that there is a caretaker’s house on the property...septic is under the driveway; he could see no Title V variances. A possible need for an Article 7 variance from the 125' wetlands setback was mentioned; Anne Bingham encouraged the engineer to
attempt to eliminate the need for any variance for new construction.
John Gross; Richard Volkin , P.E. — 39 May Street
Richard Volkin, P.E., and John Gross, representing his mother, Adele Gross, owner of 39 May St., were present to appeal the Board’s prior decision requiring the installation of a septic tank. According to the engineer’s report, the existing cesspool met current local and state regulations; cesspool and leaching field have been working properly. Mr. Gross expressed concerns about financial hardship, and reviewed his concerns about cancellation of his scheduled meeting with the Board on January 9th. Anne Bingham and Jim Andrews expressed concerns because of the age of the cesspool; there are concerns that the field might be clogged; concerns that the cesspool might fail in the future with additional use of a larger family. Jim noted it is in a Zone 2.
Mr. Volkin reviewed the history of his inspection of the system: found the system to be structurally sound and, in accordance with Title V, the cesspool had a half-day’s capacity. He also stated he had not agreed to put in a septic tank.
VOTED: (Bingham/Barnett) unanimously to allow the cesspool at 39 May Street to pass inspection, in accordance with minimum standard of Title V 15.303 (1)(a). Anne Bingham noted, however, that she does agree with the Health Agent for Engineering that it would be best for the environment to ban cesspools entirely.
VOTED:(Bingham/Barnett) unanimously to reinstate Richard Volkin’s authorization to perform septic investigations, and to provide Title V reports to the town of Sharon, effective immediately.
Minutes of Meeting
VOTED: (Bingham/Goodblatt) Bingham, Goodblatt, Rosen voted in the affirmative; Barnett abstained; to accept the minutes of the meeting of January 9, 2006.
Proposed Changes to Article 7
The Board again reviewed and discussed proposed changes to Article 7, including: cesspools would be deemed to be in failure at time of inspection; and septic tanks age 25 years and older must be structurally certified at time of inspection...or must be replaced. A new section will be prepared covering these “automatic failures”; a hearing for these proposed changes will be advertised and scheduled for late February.
Massage Regulations
The Board again reviewed and discussed proposed changes to Massage Regulations. A hearing will be advertised and scheduled for late February; currently licensed massage therapists will be notified of the hearing date and time.
Coriander Bistro: violation of Tobacco Regulations
A recent complaint about a cigar-smoking dinner at Coriander Bistro was discussed. Linda Rosen has contacted Cheryl Sbarra of MAHB and Eileen Sullivan of DPH regarding this matter. Once a definitive written response from them has been received by the Health Department, the owners of Coriander Bistro
will be notified by the Board that such events may not take place in the future, or they will be subject to fines as stated in the Massachusetts Tobacco Laws.
The meeting was adjourned at 9 PM.
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