Minutes of Meeting
November 26, 2007
A meeting of the Sharon Board of Health was called to order on November 26, 2007, at 7:40 PM, in the Sharon Town Office Building, with the following members in attendance: Anne Bingham, Chair, Elizabeth Barnett, Vice-Chair, Suzi Peck, Jay Schwab, and Stanley Rosen.
Donations
VOTED: (Barnett/Rosen) voted unanimously to accept $373 in donations to the Board of Health revolving fund to help defray the cost of future flu clinics and other health promotions.
Massapoag Yacht Club
The Board reviewed and approved a request from the Massapoag Yacht Club to send a letter stating that the Board would have no objection with the use of PVC pipe instead of cast iron if the State Board of Plumbing approves such a variance.
Horizons for Youth Reuse Committee
Gary Bluestein, Recording Secretary, was present to discuss replacement of cesspools on the property. The November 2007 Special Town Meeting approved funds for maintenance/repair of the property. Following the property transfer to the town this past summer, Jim Andrews conducted an inspection on the facilities of the dormitory, dining hall, and the 2 houses used by the town. Anne Bingham stated that any septic approval needs to take into account the design flow of the entire facility and, therefore, that a full inspection is required, in accordance with CMR 15.301. She stated that this inspection should have been done prior to the time of property transfer. Mr. Bluestein stated that the goal would be to use the property as a summer camp.......perhaps with occasional groups meeting during the
year. He does not envision year-round use of the property. Stan Rosen explained that future use of the facility needs to be considered before approving any septic plans, i.e., that if the plans are designed for only a summer camp – other future uses would be precluded. Suzi Peck explained that Title 5 lists specific flows depending on the use of the property. She also noted that, given how close the property is to the lake, this would be an ideal location for the use of composting toilets for use in the cabins ( to avoid use of treatment).
Gary Bluestein said he would like to work with Jim Andrews and the Engineering Department (per Eric Hooper) to put the required information together and move forward...to limit the expenses of the town.
Anne Bingham summed up that the town must have an independent third party inspection and determine the design flow....i.e., a master plan.
Sharon Commons: Variance Hearing (continued)
Marie Cannon of Earthtech, applicant for peer reviewer, was present to meet the board members and to hear the presentation on Sharon Commons. Anne Bingham asked for the feeling of the BOH members regarding the variances being requested. Suzi Peck reviewed that the Board of Health, since it became an independent Board in 1996, uses the precautionary principle and has been very strict about not granting variances for new construction, i.e., to protect the groundwater since any wastewater treatment system can fail. She noted the uniqueness of the town, i.e., with our own groundwater providing the public water supply; we are at the top of the aquifer, so what we do affects other communities. We have very dense construction, but are almost completely on septic systems. The oldest
construction in town is in Zone II. She explained that the BOH follows and interprets the rule of manifest injustice in accordance with DEP definition, i.e., as loss of virtually all economic benefit of the land. and has been quite consistent on this. When variances have been granted, very strict restrictions have been added by the BOH. She stressed that Title 5 provides only the lowest common denominator — Article 7 is stricter.
Anne Bingham stated that she feels that the BOH should not give the variances as requested, without the applicant’s further efforts to maximize setbacks and other numbers.
Stan Rosen stated that, in reviewing the variance requests, he thinks the Board should listen to the rationale for each of the variances requested. If there is some way to lessen any risk to the town, of course the BOH should do so. He would not necessarily say that , because the proposal does not comply completely with Article 7 (for which the BOH can issue variance), that the BOH should not approve the proposal. He stated he feels this is too conservative an approach. Suzi Peck stressed that there are two separate tests which must be passed by the applicant (for new construction)... equal environmental protection and manifest injustice. Stan Rosen responded that he would want to listen to each request individually and review the rationale and see what accommodations can be made. Suzi Peck
agreed, but added that each request would require analyses for both questions (equal environmental protection and manifest injustice). She noted that, before and during the Town Meeting process (before the project was approved) it was stated time and time again that all the Boards would still have their authority to grant permits.
Jay Schwab stated that, from his knowledge and understanding, it seems that the best way to understand the requests and see whether they are realistic or not, is to review them one by one.
Marie Cannon noted that the BOH seemed to be working at defining the scope of the peer review process.
VOTED: (Bingham/Rosen) unanimously to accept the proposal from Marie Cannon of Earthtech to enter into the peer review agreement... adding an amendment to tell BOH when the cost hits $10,000....and also to change standard condition about Earthtech owning all documents.
Jay Schwab noted that the developer consented to provide $25,000 to BOH for peer reviews and sanitarian services, and that the $15000 peer review fee will eat into that figure. He stated that the Board will probably go back to the developer at a later date for additional funds because of the extra expenditure required for a sanitarian.
Coler and Colantonio
Michael Intoccia, Ken Caputo, Jesse Marino, Civil Engineer, and Steve Smith, Hydrogeologist.
An overview of the project was presented. Ken Caputo noted that they have been working at getting closer to the requirements of Article 7.....and reducing variances requested. They will continue to work with BOH and through peer review to minimize variances requested.
Ken Caputo reviewed that the residential component is now separate from Business District D. ...separate ownership. They have determined to move residential treatment plant away from the commercial plant.
Elizabeth Barnett left the meeting at 9:10 PM.
Anne Bingham left the meeting at 9:45 PM.
Updated variance requests and hydrogeology reports will be sent to the BOH and to Marie Cannon. Marie will attempt to have her review of the hydrogeology done by the next meeting, December 17th.
The meeting was adjourned at 9:55 PM.
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