Minutes of Meeting
February 11, 2008
A meeting of the Sharon Board of Health was called to order on February 11, 2008 at 7:30 PM, in the Sharon Town Office Building, with the following members in attendance: Anne Bingham, Chair, Jay Schwab, Suzi Peck, Stanley Rosen, and Ed Welch.
Letter to Finance Committee
The Board agreed to sign a letter to the Finance Committee reiterating the Board’s support of Sheila Miller’s request for additional hours for the purposes of emergency planning. It was emphasized that emergency preparedness is a responsibility of public health, and that a local response may be the only effective response.
Hunter’s Ridge
Anne Bingham reported that she will be meeting with Nick Mirrione, developer of Hunter’s Ridge, to discuss Mirrione’s request for a change to his Special Permit ... in order to allow one resident age 18+ (in addition to upto 2 residents age 55+). She will discuss the prior agreement with the BOH re the treatment plan, and the fact that the development may need to lose some units..and will report back to the BOH. She noted some references to definitions of age-restricted housing which appear to be quite broad, e.g., MGL CH.151B. Suzi Peck stated that if the age restriction is lifted, the benefit to the design flow would be lost. Stan Rosen agreed that the prior agreement re age/number of residents should stand. It was the sense of the Board that, unless mitigating circumstances were presented, the
Board’s original decision should remain... the Board approved the proposal with the understanding that it is elderly housing – with the applicable restrictions.
Vote for Chair/Vice-Chair
VOTED: (Peck/Schwab) unanimously for Anne Bingham as chair of the Board of Health.
Discussion then took place on the position of Vice-Chair. Jay Schwab nominated Stan Rosen to be Vice-Chair. Suzi Peck stated her opinion that Stan Rosen should not hold a position on the Board since he is married to the administrator. She spoke of the potential conflict of interest and her concern about perception of conflict of interest. Anne Bingham stated that she agreed with Suzi Peck’s concerns. Stan Rosen stated that if he can serve on the board, he should be able to hold an office; that two different Boards of Selectmen, as well as two different Personnel Boards, along with the State Ethics Commission, have stated that this is not a problem.
VOTED: (Schwab/Welch) Schwab, Welch, and Rosen voted for; Peck and Bingham voted against: for Stan Rosen to be Vice-Chair of the Board of Health.
Suzi Peck asked that the minutes reflect that her concerns have nothing to do with Stan’s competence...but just about the perception of having the vice-chair be married to the administrator. She expressed concern that this would affect the reputation of the Board of Health.
Policy re audiotaping hearings:
Anne Bingham stated that she was taken aback that neither she nor any of the board members didn’t learn of the attendance requirement (for adjudicatory boards) until 2 weeks ago. She asked that a memo be sent to Ben Puritz encouraging that Town Counsel make a general proclamation
on this matter to all the adjudicatory boards in town.
VOTED: (Rosen/Welch) unanimously to add to the Board’s policies and procedures a policy that every adjudicatory hearing be audiotaped.
Wilber discussion
Jason Korb, Beacon Communities, and Mark Beaudry, Meridian Associates, provided a presentation on the proposal for the former Wilber School. They noted that, as part of the ZBA Special Permit process for the Comprehensive Permit for the LIP, the ZBA needs feedback from the BOH. Suzi Peck stated that the BOH has separate permitting authority (aside from ZBA) for the wastewater treatment plant. When an application is made, a permit from the BOH will be required. At that time the applicant will need to apply to the BOH for a full hearing, to notify abutters, etc.
75 apartment units are planned to start, with 4 more to be added later….total of 129 bedrooms. The project to generate 14,190 gpd. Design flow = 18,150 gpd …..the town to possibly attach a library and 8 houses in the area OR the fire station, town hall, and housing authority building. Groundwater discharge permit to be required by DEP since to be over 10000 gpd.
It was mentioned that Anne Bingham and Suzi Peck were both at an informal presentation arranged by the Board of Selectmen; then Anne Bingham attended a second meeting. Anne Bingham stated that no commitment was made on behalf of the BOH. Anne noted that she was concerned about bringing in additional flows. There is one definite Article 7 variance remaining…..the location of the wastewater treatment facility, and there may be additional variance requests as well. In addition, they will be seeking a variance from Article 16 - the BOH well regulations.
Suzi Peck expressed concerns about the planned placement of the wastewater treatment plant inside the building….concern from a public health perspective about making sure that residents are not exposed to raw sewage. It was explained that all raw sewage is outside in tanks; inside are the control room and electrical components, blowers, etc. They will review to see if the treated effluent has to go back through the building. Stan Rosen asked the applicant to provide examples of this type of facility in Massachusetts. Anne Bingham asked that they prove the historical flow. Suzi Peck noted that more stringent O&M requirements, financing requirements, etc., will be required. The applicant is looking at all low-flow fixtures.
24 Mohawk Street - oil spill
Douglas Pierce of HydroEnvironmental Technologies, the Licensed Site Professional hired by Lamparelli Oil, was present to explain that monitoring wells are not required at the site of the oil spill. He reviewed the cleanup process which, according to Mr. Pierce, has been done in conformance with MGL and DEP guidelines. DEP has not yet responded to Mr. Pierce’s report. A large section of the concrete floor was dug up. 22 post-excavation samples were collected - 4 had small traces of oil. According to Peter O’Cain Well #6 is 3876 feet from Mr. Gashin’s property. Doug Pierce stated he is confident that all oil is out of the ground and groundwater has not been impacted. He stated that they have met the state’s standards and that there is no indication that oil
will migrate and groundwater will be impacted. He said that the oil has been absorbed into absorbent material (concrete). He will do a visual of the basement floor before doing any more testing.
Anne Bingham reported on a conversation she had with a gentleman who works closely with Mr. Gashin’s LSP, Jim Murphy, whose report differs from Mr. Pierce’s. Earl Gashin reported that he believes oil has penetrated the concrete, but has not yet penetrated the groundwater. He expressed concern that the oil will potentially migrate to the groundwater. Another round of tests is to take place. According to Mr. Gashin, his home insurance company wants a monitoring well installed. A wetland appears 40 feet from the basement door every spring. Jay Schwab asked about the failed air quality tests: doesn’t that indicate the presence of oil? Mr. Pierce responded that the oil has been absorbed into the concrete and is giving off vapors which cause the odor.
They found soil particles coated in oil when they dug up the floor, but found no actual oil although they put shallow borings in about a dozen locations over the floor. Most of the contamination was on the east wall of the building.
Jay Schwab stated that the oil company must convince the homeowner and his insurance company that no additional monitoring wells are necessary. Anne Bingham stated that the BOH deemed it necessary and has the independent authority to require it. At this point, the BOH holds to its original letter requesting a monitoring device.
Meeting Dates:
The Board agreed to schedule meetings on the following dates: (February 25), March 3, March 17, March 31, April 14, and May 19...with the understanding that additional meetings may be required in April and May.
Sharon Commons - continued hearing
Bob Shelmerdine, Atty. for Sharon Commons, was present; also, Marie Cannon of Earthtech, peer reviewer for the BOH. Marie Cannon provided some preliminary comments on the draft decision conditions…and will forward her comments to the BOH. She has reviewed the draft conditions of the BOH approval….the letter response to her comment letter…and recent set of plants. She will submit all comments to the BOH this week for review. Bob Shelmerdine offered to draft a decision for the board’s editing. It was agreed that the Board will open a new hearing on February 25th; abutters to be notified; a list of all documents received to be read into the record; Sharon Commons will make a presentation on the proposal at that time…..no variances are being requested; questions
and discussion will take place; then the public hearing will be closed and the BOH will work on the decision. A decision may be made following the hearing ---- or on March 3rd, at the next scheduled meeting of the Board.
Suzi Peck noted that the additional precautions agreed to in the development agreement should be in the BOH permit. Bob Shelmerdine stated that 98% is in the zoning bylaw….which included a compilation of all comments from various boards by town meeting. Jay Schwab brought up discussion of inspections, alarms, etc., for the treatment plant, expressing concern about inspections being done only Monday - Friday, particularly since the greatest usage will, most likely, be on weekends.
VOTED: (Rosen/Schwab) unanimously to close the hearing on Sharon Commons…with the plan to open a new hearing on Sharon Commons on February 25th, 2008, at 7:45 PM.
Massage Licensing
In light of new licensing by the state, the Board agreed to return fees paid by massage practitioners. Local massage establishment licenses will remain in place for 2008...but the state anticipates beginning to license these establishments later this year. In addition, it was agreed to grant Jonathan Goldberg an extension of his establishment through December 31st.
The meeting was adjourned at 9:55 P.M.
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