Minutes of Meeting
September 10, 2007
A meeting of the Sharon Board of Health was called to order on September 10, 2007, at 7:30 PM, in the Sharon Town Office Building, with the following members in attendance: Anne Bingham, Chair,
Jay Schwab, Suzi Peck, and Stan Rosen. Jim Andrews, Health Agent for Engineering, was also present.
Discussion re Keating Funeral Home.
Linda will follow up on issues relating to the funeral home with Atty. Joel Fishman during the week of September 17. Both payment of taxes and provision of proof of licensed funeral director are still in question.
Minutes of Meeting of August 22, 2007
VOTED: (Bingham/Rosen) unanimously to accept the minutes of the meeting of August 22, 2007, as amended.
Lexus Underground Storage Tank
It was agreed to send a letter to the Lexus dealership/attorney to request clarification of the procedures for responding to the tank alarm in case of any leaks; and to provide the BOH with some confidence that someone will be available at all times to respond to any alarm.
This issue arose at BOH meeting on August 27th, with no definitive response or plan.
Stan Marcinczyk - Mass. Pellet
Startup company....has held initial informal discussions with Joe Kent , Greg Meister, and Jim Andrews re constructing a new building on Providence Highway just south of the existing Valero gas station; per Planning Board would be “by right”. Wood chips would be provided by Cook Co. daily – basically from land clearing. Will have pellet mill and a retail showroom. Soybean oil is only additive. No chemical additives or byproducts. Stan Rosen requested more information on the equipment and process. Stan Marcinczyk explained the manufacturing process. Burner would operate at 1200-1400 degrees. The Board members requested a schematic with more specific answers about the process: heat, stack height, quality of air emissions, question of requirement of air permit from DEP; dust,
odors, noise, runoff, quality control of stock coming in, storage of the soybean oil, question of dioxin issue with wood burning. Also more information on the structure of Mass. Pellet. This would be the first such business in MA....the closest such business exists in Jaffrey, N.H.(www.pelletheat.org..New England Pellet).
Andrea and Pat Pannone - 7 Robin Road
The Pannones were present to request lifting the two bedroom deed restriction on their property. Septic was rebuilt in 2004....deed restriction placed at that time, when two variances were granted. (depth to groundwater and distance to wetlands) The Pannones had just purchased the property when the variances were granted. Mr. Pannone stated that they have taken measures to reduce the water usage on their property. Explanation of process took place...i.e., issuing variances, maximum feasbility, reasons for restrictions, new construction, etc. Board explained that a compromise was made at that time to allow the replacement of the septic system...and that there is no basis for changing BOH position. Discussed policy re use of assessors’ card to determine existing number of bedrooms....in
effort to protect the environment.
As the only possible solution, which would need approval by the BOH, Suzi Peck offered the idea of adding a bedroom by the use of a composting toilet....to provide zero increase in flow.
Massapoag Yacht Club - Request to rebuild bathrooms (continued)
Randy Rubenstein, Treasurer, was present to discuss. Anne Bingham updated the Board members: after the last meeting she received an email from Randy discussing the financial situation of the club...what benefits the club provides for the community....and the expense of a septic inspection. Anne Bingham visited the site...reviewed the history... two existing bathrooms with one toilet in each wood building. She stated her concern about whether or not the BOH has any real jurisdiction in this instance: it is not really expansion in use....no change in use or ownership.... reviewed definition of new construction and determined this is exempt from that definition.
Suzi Peck agreed that there is no change in flow here, e.g., if a homeowner adds a bathroom, but not a bedroom, the flow is not changed.
Jim Andrews stated that, in his opinion, this is new construction; they would be clearing the site; there is an existing septic system...he recommended it be inspected. At Stan Rosen’s questioning, Mr. Rubenstein responded that members do invite guests and hold functions at the location. There is a screenhouse on the premises. Stan Rosen questioned why no occupancy permit would be required.
Suzi Peck suggested a compromise: do a test of the lake near the yacht club ...see if any flow to the lake from the system. Then re-test....to see if there is any evidence of a problem.
Mr. Rubenstein noted that members and guests do swim from the beach at the club. The question arose as to whether or not this beach (which has never been tested) would come under the definition of a semi-public beach, i.e., whether or not it needs to be tested for E-Coli on a weekly basis.
Stan Rosen stated that this is an ambiguous situation and that, usually, the BOH errs on side of conservatism. He expressed discomfort about none of these structures having an occupancy permit...to be used by general public. The Building Inspector was unable to locate the as-builts. He stated that usually the BOH would require an inspection. Anne Bingham repeated that she doesn’t see that BOH has jurisdiction per se. She stated her feeling that the appropriate resolution would be: use low flow toilets; put up notes re no sanitary products in the toilets; have the Yacht Club do a couple of lake tests from the club beach.......if there are no red flags, then the Board should vote to approve the construction of the 2 toilet system. Jim Andrews stated that there will be an occupancy
permit.
VOTED: (Peck/Rosen) unanimously that the Sharon BOH indicates its approval of installation of the 4 low flow toilets with proper signage and adoption of policies by the Massapoag Yacht Club regarding that which can go down the toilet. Approval will be given (and a letter sent to the Yacht Club) once at least 2 E-Coli tests of Lake Massapoag have been conducted off the Yacht Club beach...showing no indication of any seepage of septage into the lake.
The meeting was adjourned at 9:15 P.M.
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