Minutes of Meeting
July 23, 2007
A meeting of the Sharon Board of Health was called to order on July 23, 2007, at 7:35.M., in the Sharon Town Office Building, with the following members in attendance: Anne Bingham, Chair, Elizabeth Barnett, Vice-Chair, Jay Schwab, Suzi Peck, and Stan Rosen. Jim Andrews, Health Agent for Engineering, was also present.
Leo Sacco
Mr. Sacco purchased the property at 33 Depot St. from Jack Connors. According to Mr. Sacco, there were 4 apartments with a total of 6 bedrooms (2 apartments with 2 bedrooms each; 2 apartments with one bedroom each) prior to the fire at that address. According to Jim Andrews the prior septic system was built under the 1978 code. The current plan is for three condominiums....each with 2 bedrooms, 2.5 baths, and a washer dryer.
Per Jim: right to rebuild.... condo property = single system; for 3 condos; 2.5 baths per unit; washer dryer in each unit. Mr. Sacco stated the condo docs would state no additional bedrooms allowed. Stan Rosen asked if any variances would be needed if this were not a “rebuild” issue. The proposal meets compliance with Article 7 except for the issue of the reserve area. The proponent and Jim Andrews stated that the “new construction/rebuild exemption” appears to provide protection. Anne Bingham expressed concern about the number of bedrooms, since this is a small lot (660 gpd on a l/4 acre parcel) and is located in a Zone II. She stated she will research the issue of new construction protection under Title V...this project may require something beyond a
traditional septic system.,i.e., an I/A system. The system still needs to comply with maximum feasible compliance standard. There is room for an I/A system on the property. 310 CMR 15.404 must be complied with.
VOTED: (Bingham/Rosen) unanimously, upon review of the proposed plans for 33 Depot Street, to place the wastewater treatment construction permit on hold pending resolution of the issues discussed.....of requirements of 310 CMR 15.404 et seq. The Board will agree with the proposal...and not need to see the plans again if:
1. Mr. Sacco is willing to install an innovative/alternative (I/A) system...with flow reduction and maintenance contract;
2. Water conservation devices are required on all utilities, including low-flow toilets, washing machines, faucets, and showerheads. Evidence of purchase and installation of these items shall be provided to the Board and included as a condition in the condominium documents;
3. Deed restriction imposed on the use of this septic system must be recorded at the Registry of Deeds as condition of the grant of title certification;
4. The total number of bedrooms on this property may never be expanded to include more than six (6) bedrooms. Each condominium agreement shall expressly limit the number of bedrooms in each unit
to two (2).
5. Reserve funds, sufficient to replace the system, must be established and funded through the condominium documents, a copy of which shall be provided to the Board.
Also, the Board needs evidence that the prior building included six (6) bedrooms.
7 Robin Road
The Board reviewed a request from Mr. Pannone to set aside the deed restriction to his property limiting his home to 2 bedrooms. After discussion, the Board agreed to send a letter to the Pannones notifying them that they could schedule an appointment before the BOH, but that the BOH is not inclined to grant the request. The earlier decision was meant to deal with future possibilities; this is a small tight lot; number of bedrooms is restricted under Title V. An addition would constitute new construction....in order to obtain variances under new construction they would need to have lost all economic value to the property and they would be unable to pass that test.
Minutes of July 9, 2007
VOTED: (Bingham/Barnett) Bingham, Barnett, Schwab, and Rosen voted in the affirmative; Peck abstained, to accept the minutes of the meeting of July 9, 2007, with the following addition made by Jay Schwab, to be included prior to the vote for Health Agent for Sanitary Inspections and Enforcement:
“... Jay Schwab disclosed that his wife, Karen Schwab, is owner of Sweethearts Three and, therefore, is inspected by the Health Agent for Sanitary Inspections and Enforcement...”
Meeting schedule
It was agreed to cancel the BOH meeting scheduled for August 13th. The next BOH meeting will be August 27.
Recusal policy:
Board members reviewed documents from the State Ethics Commission re Conflict of Interest, etc., and determined that no additional policy is needed.
The meeting was adjourned at 8:45 P.M.
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