Minutes of Meeting
September 24, 2007
A meeting of the Sharon Board of Health was called to order on September 24, 2007, at 7:30 PM, in the Sharon Town Office Building, with the following members in attendance: Anne Bingham, Chair, Elizabeth Barnett, Vice-Chair, Jay Schwab, and Suzi Peck. Jim Andrews, Health Agent for Engineering, was also present.
Discussion re flu shots
Sheila Miller was present for this discussion. She noted that the number of doses we gave last year were down, partly due to the fact that the DPH doesn’t receive and distribute flu doses until November, whereas private providers hold clinics (e.g., Shaws, CVS, etc.) earlier. Therefore, our reimbursements were down....we can only be reimbursed for those 65+ on Medicare or certain Medicare HMO plans. Elizabeth Barnett urged that doses be provided to children...the younger the better.... herd immunity. Sheila stated that she would be comfortable with age 10+. Additional doses of vaccine are available from DPH for those giving shots to <age 18....we can return what we don’t use. Standing orders and publicity will be revised. We always repeat the CDC recommendation....currently
that children age 6 months to 59 months be immunized.
Sheila Miller noted that last year state representatives monitored our flu clinic....and found that signage and traffic direction were lacking. We did receive $3000 for our emergency planning fund for last year’s flu clinic. This year we will run the evening clinic as if it were an EDS site.
VOTED: (Bingham/Peck) unanimously that the BOH expand the flu clinic to authorize immunization to anyone over the age of 10...that all be encouraged to get a flu shot.
1481 Bay Road: Paul DeSimone...Colonial Engineering
An informal discussion took place regarding this estate...attorneys want to cut a lot out of it. There is not 5' of naturally occurring soil; in a groundwater protection district and a Zone 2 for Stoughton. They propose to put the system in front of the house. Suzi Peck explained that the BOH is very strict about depth to groundwater and not attaining it artificially. In addition, the BOH has been strict about no variances for new construction. Anne Bingham noted that the Board takes the issue of manifest injustice very seriously. Jim Andrews’ recommendation: to try to find a different location for the tank, if possible.
Massapoag Yacht Club: The Board reviewed the three water samples received in the past 2 weeks: the first (drawn during a rainstorm) was 240 (anything over 235 requires closing of a beach); the next 2 were fine. In accordance with the vote taken on September 10th, a letter will be sent approving the upgrade of the building.....installation of the 4 low flow toilets with proper signage, etc. In addition, they will be notified that, in accordance with state regulations, their beach meets the definition of a semipublic beach and, therefore, must be tested on a weekly basis during the swimming season. If any persistent problems appear with the water samples, in the future the BOH may invoke its authority to require a full inspection.
Keating Funeral Home:
Following discussion,
VOTED (Bingham/Barnett) unanimously to reiiterate via letter to Fred Keating and to his attorney Joel Fishman that, unless all outstanding issues are resolved by October 15th (i.e., 1) receipt of copy of license of licensed registered funeral home operator along with document signed by said operator allowing Keating Funeral Home to use this license and 2) all taxes due to the town of Sharon being paid, the Board of Health will issue an order to suspend operations. Funerals will be allowed in the interim (until October 15th).
Anne Bingham disclosed that she is involved with the group proposing zoning amendments re Brickstone for the fall Special Town Meeting....and that she is on the ZBA Design Review Committee. For Sharon Commons........always states she is participating in these matters as a private citizen
Bill Matt: Variance request - 13 Drake Circle
Bill Matt: representing Drake Realty Trust. They were before BOH about a year ago..then sent to Concom from BOH. Have completed process with Concom. Jim Andrews stated the plan complies with Title 5....there are 1 or 2 variances requested from Article 7. Jim stated it would be better to decrease the distance between the reserve area and primary.....making the issue of the reserve system placement at <10' the only variance, since people do not generally use the reserve area if/when replacement of the system is required. Suzi Peck asked if it would it be possible to design the system so it is fully compliant? Jim stated no....because of the reserve system issue. Anne Bingham stated she believed the Elovics on Washington Place were in a similar situation, i.e.,
couldn’t fit reserve in...but the BOH allowed it with some special conditions. Suzi Peck stated that was a commercial lot - was an existing house being torn down. She said she would not vote to allow this, i.e., to cram a system onto the lot. Anne Bingham stated she is also concerned about the issue of precedence, but, in reality, people don’t tend to use the reserve area. Bill Matt noted they purchased the lot in 1992 with anticipation to build. Since then, there have been changes in zoning and other regulations. Now, he stated, they would have no economic benefit if can’t build. He believes the variance is de minimis. He stated they have tried everything to try to avoid the need for a variance, but that this variance would afford the same environmental protection as if in full compliance.
Anne Bingham stated she is inclined to vote for this...a lot has been done to come into compliance...and the variance is de minimis. Suzi Peck countered that, if a 10' separation doesn’t make sense, then the BOH should amend our regulations. She stated that if you buy a lot that is not buildable, you can’t then claim loss of economic value. Bill Matt stated he is working with Town Counsel to come into compliance on the property tax issue. Elizabeth Barnett said she was not hearing that granting this variance would provide a danger to the public health. Jay Schwab repeated that the applicant has changed the original design of the house to reduce flow. He felt the BOH should issue the variance...since there was no impending danger from it.......then later discuss whether or
not to change the regulations.
VOTED: (Bingham/Barnett)Bingham, Barnett, Schwab voted in favor; Peck voted against.... to
grant a variance from Article 7.... to require revised plans moving the reserve area another 2' closer to the primary. Revised plan to clearly show by scale that, by doing so, the reserve area is moved outside of the 125' buffer zone. A deed restriction limiting the property to 3 bedrooms will be required, in addition to all low flow showers, faucets, toilets, washing machines, etc. The use restriction will require that the BOH be informed if there is ever any sign of failure. The BOH must be provided with plans proving the house to be a three bedroom (only) house (by BOH rules). The BOH will issue the permit...but no construction can begin until all taxes are paid.
Anne Bingham left for another meeting at 8:45.
Ken Caputo, Coler and Colantonio re: Sharon Commons
The matter of use of the $25,000 contribution for use in peer review, in addition to sanitary inspections (plan review/initial inspections, etc.) was discussed. The names of Camp, Dresser, and McKee, as well as Weston and Sampson were suggested. Ken Caputo will forward contact names to us. A statement that these firms are not involved in any projects with any of the principals of Sharon Commons will be required. Ken Caputo stated this will require a review of a standard groundwater discharge permit project, along with review of our local bylaw. He estimated cost of such review at $5000 - $10000.
The submittal is almost complete and ready for DEP and BOH concurrently. They are submitting a 60,000 gpd application for the commercial project. Hope to provide the residential application within 30 days as requested by the BOH. The Hydrogeological study includes both commercial and residential. Ken Caputo provided a general overview of the proposal, which is in full compliance with Title 5, but will be presented with 4 variance requests from Article 7. Ken Caputo will email the variance requests to the BOH. All variance request documents must be received by the BOH by October 1st for the October 15th hearing.
Meeting was adjourned at 9:10 PM.
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