Minutes of Meeting
March 3, 2008
A meeting of the Sharon Board of Health was called to order on March 3, 2008 at 7:35 PM, in the Sharon Town Office Building, with the following members in attendance:, Stanley Rosen, Chair, Ed Welch, Vice-Chair, Anne Bingham, and Jay Schwab.
Minutes of Meeting - February 25, 2008
VOTED: (Welch/Bingham) unanimously to accept the minutes of the meeting of
February 25, 2008, as amended.
Review of Option D - FY09 BOH Budget
Stan Rosen reported that Anne Bingham, as former chair of the BOH, along with Sheila Miller, had presented a request for additional funding for the nurse’s position, for responsibilities including emergency preparedness. He also mentioned that the BOH/Health Department just received a $6500 grant from Region 4A for emergency preparedness purposes. Sheila Miller would like to use most of these funds for a consultant to do much of the work of the emergency planning from Health Dept. perspective. It was the sense of the meeting that the chair be authorized to discuss these issues and particulars with Sheila Miller .... and report back to the Board at the next meeting.
Suzi Peck arrived at 7:45 PM.
Hunter’s Ridge: Nick Mirrione
Nick Mirrione and Fred Clark, Mirrione Realty, were present for this discussion.
Anne Bingham recounted that Mr. Mirione had requested a change in the Hunter’s Ridge Special Permit allowing one resident per unit between age of 18 and 55. She reported on her meeting with Mr. Mirrione to discuss the issue of design flow. She told him that he needed to discuss with the BOH explaining why the change was requested...and why this should result in a reduction of the number of units.
Mr. Mirrione explained that his losing a couple of sales (families with one resident under the age of 55) prompted his request. He stated that, according to the Fair Housing Act definition of “elderly housing”, in 100% of the units at least one person should be 55 or over and there should be no residents under the age of 18. Therefore, he repeated that he feels he would be in compliance with his request to the Planning Board to change the special permit to allow one resident per unit between 18 and 55. Anne Bingham agreed that neither Title 5 nor Article 7 specify what constitutes elder housing. Mr. Mirrione reviewed with the BOH 310CMR and 42USC. He explained that there are 2 shared systems: for system #2, requirements are 5690 gpd (6300 gpd provided); for System #1, requirements are
3263 gpd (3304 provided). In addition, he has already dropped his plans from 51 units to 49 units.
Stan Rosen questioned the recording (at Registry of Deeds) issue. Mr. Clark explained that the special permit, which is referenced in the record, expressly states the age 55 requirement.
Fred Clark added that the town’s Conservation Subdivision Design bylaw has a definition stating 95% of the units must be occupied by at least one person 55+ and no more than one person who is younger than 55.
Anne Bingham summed up that the question of the moment is: given definition in Title 5 (referencing 42USC...and absence of any more specific definition in Article 7) and the reduction of the number of units, does the BOH see any problem with a small number of units having one resident under age 18 and only one resident age 55+. (The original permit from BOH was for 3 residents, all of whom are 55+.) She stated that she had no problem with this request.
Suzi Peck stated that the BOH authority is independent of that of the Planning Board; that the BOH concern has to do with design flow...for purposes of calculating wastewater.
Stan Rosen reviewed: 150 gpd (for elderly housing) vs.. 220 gpd (110 gpd x 2 bedrooms) = 70 gallons difference per unit. 51 units reduced to 49 units = 2 units less = 300 gpd less. Increase of allowing 5 units with a resident under 18..... would result in requirement of additional 350 gpd minus the 30 gpd saving for the reduction of 2 units would leave +50 gpd. There is more than that additional capacity built in to the system (as explained above).
Mr. Mirrione has spoken with DEP and believes that 150 gpd is the appropriate number whether or not there are some residents under 55 . However, he stated he would be willing to voluntarily limit sales to 5 units, each with one resident between 18 and 55. He further stated that vary rarely will there be 3 residents in a unit. Suzi Peck asked how we could insure that this limit would continue upon resales. Anne Bingham stated that we need to be reasonable...that this would need to be incorporated into the Homeowners’ Association documents and Planning Board Special Permit. Ed Welch stated that, down the road, we can’t control what will happen. Jay Schwab asked that the youngest age be 22, in order to avoid potential impact on the School Department.
Homeowners association documents.
MOVED: (Bingham/Rosen) to amend the BOH prior approval for Hunter’s Ridge to require that the Homeowners’ Association documents be amended to include the allowance of five of the 49 units being occupied by one person between the age of 22 and 55; and that the developer be directed to issue no more than 5 deeds allowing no more than l person between ages 22 and 55.
Furthermore, that the BOH be presented with the amended form of the deed and homeowners’ association documents for review and analysis prior to development of final language to assure how it will effectuate the board’s purpose.
That language of the Planning Board special Permit regarding age restrictions be amended and reflected in the Homeowners’ Association documents.
MOVED: (Welch/Bingham)
to amend the above motion as follows: Homeowners’ Association documents shall be amended to set forth a procedure to assess the compliance with the Special Permit and for regular reporting to the Board of Health.
VOTED (Rosen/Bingham): unanimously to accept the above motion as amended.
Sharon Commons
Stan Rosen reviewed that both Suzi Peck and Anne Bingham had forwarded comments on the draft decision received from the applicant...and that he had spoken with our consultant (Marie Cannon) about including those which were referenced elsewhere, as well as those comments which were a matter of form. He noted that some comments were not included in the draft, and he believed that it would be best to discuss the remainder tonight giving members opportunity to add comments. Suzi Peck expressed a concern that she was uncomfortable with the process, i.e., that some suggested changes were added and others were not.
Anne Bingham stated that this is a very important decision; it is the 3rd wastewater treatment facility in town - in a Zone II.
The Board, along with its consultant and the applicants, reviewed and made changes to both the decision document and list of conditions. The Board agreed that the issuance of the permit shall be considered to take place when DEP issues their permit.
In addition, Suzi Peck asked that, because the applicant had promised the effluent to be drinking water quality, it was incumbent upon the owner to periodically conduct all the screenings that are required of drinking water: once before starting and once every 5 years, along with the 5 year DEP permit renewal process. She presented a listing of drinking water tests as shown on the DEP website. Following some discussion, the applicants agreed. In addition, she asked that once/year the owner certify that he is in compliance with all conditions. She thanked the applicant for all their cooperation, noting that this has been a difficult process.
VOTED: (Peck/Rosen) unanimously to approve the permit application for a wastewater treatment facility for Sharon Commons; that the decision and attachment A (conditions) be approved, provided that the BOH has the opportunity to review the final decision and provide final approval to the revised draft by signature(s); that the date of issuance of the permit be deemed to occur when a permit is issued by DEP.
Request from Marie Cannon - Earthtech
VOTED: (Rosen/Bingham) to grant the request from peer reviewer Marie Cannon of Earthtech for additional funds from the monies provided by the applicant.
The meeting was adjourned at 10:58 P.M.
| 
