Minutes of Meeting
February 25, 2008
A meeting of the Sharon Board of Health was called to order on February 25, 2008 at 7:30 PM, in the Sharon Town Office Building, with the following members in attendance: Anne Bingham, Stanley Rosen, Vice-Chair, Jay Schwab, Suzi Peck, and Ed Welch.
Jay Schwab thanked Anne Bingham on behalf of the board for her service to the BOH, noting that the Board members had received notice that she had resigned as chair. He also asked for any nominations for Chair of the BOH. In addition, he noted that Linda Rosen had researched the matter and had found that the Vice Chair may continue as Acting Chair with no additional vote. (Stan Rosen was elected Vice-Chair at the February 11th meeting.) Suzi Peck stated she would be willing to serve as chair. Anne Bingham stated that she felt it would be better to have anyone other than Stan Rosen act as chair, because of appearance (of conflict of interest) issues.
MOVED: (Bingham/Schwab) for Suzi Peck to be chair of the BOH. In discussion, Ed Welch asked if there would be other nominations.
MOVED: (Bingham) for Ed Welch to be chair. Mr. Welch declined. Motion did not go forward.
MOVED: (Bingham) for Jay Schwab to be chair. Dr. Schwab declined. Motion did not go forward.
MOVED: (Welch/Schwab) for Stan Rosen to be chair of the BOH.
VOTED: Bingham and Peck voted for Suzi Peck to be chair of the BOH. Rosen, Schwab, and Welch voted against the motion. The motion did not carry.
VOTED: Rosen, Schwab, and Welch voted for Stan Rosen to be chair of the BOH. Bingham and Peck voted against the motion. The motion carried.
Stan Rosen then stated that the issue of Vice-Chair should be addressed.
MOVED: (Schwab) to nominate Suzi Peck as Vice-Chair. Ms. Peck declined. The motion did not go forward.
MOVED: (Rosen) to nominate Jay Schwab as Vice-Chair. Dr. Schwab declined. The motion did not go forward.
VOTED: (Rosen/Bingham) to nominate Ed Welch as Vice-Chair. Bingham, Peck, and Rosen voted in favor. Schwab and Welch abstained. The motion carried.
Minutes of Meeting of December 17, 2007
VOTED: (Schwab/Peck) Peck, Rosen, and Schwab voted to accept the minutes of the meeting of December 17, 2007, as amended. Bingham and Welch abstained.
Minutes of Meeting of January 7, 2008
VOTED: (Bingham/Rosen) using the rule of necessity, since Elizabeth Barnett is no longer on the Board, Bingham and Rosen voted to accept the minutes of the meeting of January 7, 2008.
Peck, Welch, and Schwab abstained.
Minutes of Meeting of January 28, 2008
VOTED: (Rosen/Peck) Rosen, Peck, and Welch voted to accept the minutes of the meeting of January 28, 2008, as amended. Bingham and Schwab abstained.
Minutes of Meeting of February 11, 2008
VOTED: (Welch/Rosen) Welch, Rosen, Bingham, and Schwab voted to accept the minutes of February 11, 2008, as amended. Peck abstained.
Hearing: Proposed Wastewater Treatment System - Sharon Commons:
Stan Rosen introduced the hearing....and noted that it is being tape recorded. He reviewed that, as of tonight, Stan Rosen is Chair and Ed Welch is Vice-Chair. Bob Shelmerdine reported that notice had been provided to abutters......all green cards had been received and turned in to the Board of Health. The application is for a treatment works permit for a facility which includes retail and office space. No variances are being requested from either state or local wastewater regulations.
Jesse Marino of Coler and Colantonio provided a complete presentation on the submittal. He stated that the proposal meets all setback requirements of state and local regulations. Questions were asked by BOH members and answered by the applicants. He reviewed the design for a 60,0000 gpd dual amphidrome system requiring a Groundwater Discharge Permit from DEP. He noted that all pertinent documents had been provided. (See attached listing). Anne Bingham asked questions about the Phase I report, in particular about one area requiring resolution. Michael Intoccia reported that all issues cited in the Phase I report have been attended to with the exception of one house which is to be taken down in mid-March.
Steve Smith of Geohydrocycle, Inc. presented a review of soils, depth to groundwater, etc. Ken Caputo noted that the systems have been separated since the original plan (which was 95,000 gpd including 35,000 gpd residential and 60,000 gpd commercial) to cover both residential and commercial. He discussed that it is very permeable soil; establishing seasonal high groundwater,. 2 year travel standard, etc. Ken Caputo reviewed they are meeting or exceeding the required standards. Suzi Peck asked questions about both surface water and groundwater impact. She stated that responses from the developer are reassuring. Applicant answered concerns raised by Earthtech.
Following the presentation, the Board reviewed the draft conditions, as revised by the board’s consultant. Stan Rosen reported that the consultant (Marie Cannon of Earthtech) would be requiring additional funds and would soon be going through the initial $25000 which was provided through the MOU amendment. He noted that some of these funds were meant to be utilized for the health agent or consultant for initial plan review and inspections of restaurants and other facilities. Upon request, Michael Intoccia agreed to provide an additional $15000 to the Health Department. It was also noted that Tom Houston will be working on this project for the ZBA. Ed Welch was concerned about someone watching out for BOH concerns. It was noted that Jim Andrews will also be speaking with Tom Houston and will be making his own
inspections as time allows. Ed Welch expressed concerns about the time requirements for Jim Andrews. Michael Intoccia stated he will notify the BOH when a construction meeting is to be held.....to include Tom Houston, Coler and Colantonio, etc., so that everyone will be aware of the BOH concerns.
In the discussion about conditions, Suzi Peck asked that testing be done for caffeine.....as a conservative marker...if it is an affordable test. Stan Rosen asked if she is aware of any articles requiring caffeine as a marker. He stated that he did not want to be in a position where the shopping center is a test center. He stated that this is not a generally accepted test, there is no
standard, what does it mean? .... that we would be holding the applicant to a higher standard than is generally required. Suzi Peck and Anne Bingham both stated that the applicant had agreed the effluent would be drinking water quality. Suzi Peck stated that caffeine is one of the emerging contaminants. The applicant stated they are not objecting to a larger suite of tests, as long as the being done at other treatment plants. Michael Intoccia stated that he did not want the center to be a guinea pig.....he did not want to promise to test for something when there is no standard, the costs are unknown, and, when/if caffeine is found, it is unknown what would be required. Ken Caputo and Jesse Marino responded that the same purpose would be accomplished by nitrate sampling....which do have a standard...and are a
common marker. Suzi Peck agreed.
Following a question by Ed Welch, it was confirmed that the Conservation Commission had issued the Order of Conditions.
After asking if there were any objections, and hearing none, Stan Rosen closed the hearing at 10:40 PM.
Bob Shelmerdine and Jesse Marino will draft a decision and conditions....providing a couple of questions for the board’s consultant.....and will provide to the Board of Health by late Wednesday so that the Board can review prior to Monday meeting. An appointment was scheduled for 8:30 PM on Monday March 3rd at which point a vote would be scheduled.
Leslie Amper......182 Pond St.
Leslie Amper of 182 Pond Street requested the Board’s review of the testing requirements for her FAST (I/A) system......to review whether or not the amount of testing required by the BOH (vs. what is required by DEP) is really necessary. Suzi Peck stated that, when the state changed its testing requirements (January 2006), homeowners found themselves in a double bind. The State has told us that homeowners don’t have to do both sets of tests; i.e., since our requirements are more stringent, homeowners can do just those. Suzi Peck noted that the present board policy (for systems after the first 2 years of successful testing....and upon request) is to do all the laboratory tests once/year and BOD 3 additional times/year. Ms. Amper stated that she is a responsible homeowner, the rules are
increasing financial pressure on them (and other homeowners); that they are doing all that they have been asked to do...but she asked that the board review the testing requirements. Linda Rosen will contact Clearwater Recovery (the company which will now be servicing Ms. Amper’s system) and try to ascertain the cost difference between DEP requirements and BOH requirements. Stan Rosen stated that the Board will try to address this issue at the next meeting.
The meeting was adjourned at 10:50 PM.
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