Minutes of Meeting
March 17, 2008
A meeting of the Sharon Board of Health was called to order on March 17, 2008 at 7:30 PM, in the Sharon Town Office Building, with the following members in attendance:, Stanley Rosen, Chair, Ed Welch, Vice-Chair, Suzi Peck, and Jay Schwab.
Minutes of meeting of March 3, 2008
VOTED:(Welch/Rosen) unanimously to accept the minutes of the meeting of March 3, 2008,
as amended.
Adjudicatory Hearings
Stanley Rosen reviewed with the Board the document received from Town Counsel on this subject.
Discussion re BOH FY09 budget
Stan Rosen reported that he spoke with Sheila Miller to discuss the request for an additional 5 hours for the Public Health Nurse. A followup letter was then prepared to send to the Finance Committee to request that they continue to pursue this request through the Priorities process. Sheila will secure the services of a consultant, with funds provided by a Region 4A grant, to assist with compiling requirements for emergency planning. The funding for the additional hours is being sought not only for emergency planning, but for a variety of additional tasks required of the Public Health Nurse.
VOTED: (Peck/Schwab) unanimously to forward to the Finance Committee the letter requesting additional funds.
Phil Gladstone - 5 Marbet Road
Mr. Gladstone was present with a request for a small “bumpout” for a bathroom in the home he has occupied 1977. He explained that the room is very tight and needs to be a little larger to be more liveable. He explained that he had met with Jim Andrews and Joe Kent and they had mentioned something about ZBA, but sent him to the BOH first. Suzi Peck wondered if he would need to go to ZBA, since she thought this would be a de minimis change...because of the size of the addition. She stated that, if he does not need to go before ZBA, she sees no issue with BOH , i.e., no need to upgrade septic system). Stan Rosen stated that, whether or not it triggers ZBA approval, he doesn’t see it as a concern. Suzi Peck stated she would rather see if the ZBA has an
issue.
It was agreed to send a letter to Joe Kent asking about if the bumpout requires ZBA approval and stating the Board’s assumption that the requirement to upgrade a septic system would only be triggered if ZBA approval is needed.
Brickstone - Sharon Hills
Chris Regnier and Len Frieman, attorneys at Goulston and Storrs, on behalf of Brickstone Properties presented a formal request for recusal of Anne Bingham from any official participation in/consideration of the Sharon Hills project. A copy of the request is being forwarded (by them) to Town Counsel Dick Gelerman. Attorney Frieman stated that someone sitting on a board who
has taken a formal position negative to the proposal should not sit in on the proceedings. Stan Rosen stated that this matter would have to be referred to Town Counsel for his opinion. Suzi Peck stated that, regardless of what Dick Gelerman says, the state Ethics Commission is the final authority. Stan Rosen disagreed.
He also stated that, according to prior minutes, Anne had stated that she was obtaining an opinion on this matter from the State Ethics Commission. Suzi Peck questioned how this differs from a board member being a strong proponent for the project, i.e., why wouldn’t they need to recuse themself as well? Attorney Frieman noted that, as an example, at the October 31, 2007, Planning Board meeting, Anne Bingham stated that the project should be denied. Suzi Peck stated that Anne Bingham was taking issue only with Planning Board matters...not Board of Health matters. He said this raises legitimate concerns on whether or not she should be sitting on a Board where a decision will be made. Stan Rosen repeated that, ultimately this request needs to be referred to Town
Counsel. Ed Welch agreed.
Edward Welch disclosed that he lives on Mountain Street and is an abutter to this property.
Goulston and Storrs then presented their request to defer test pits and perk tests for the definitive subdivision plan recently submitted. Under the senior housing project which is planned, the majority of the land will be given to the town after that project is permitted. Therefore, the Board agreed that it would be best not to disturb the land at this time. It was mentioned that the lots are unbuildable at this time.
VOTED: (Welch/Rosen) unanimously to advise the Planning Board that the Board agrees to support the requested waivers to defer test pits and perk tests at this time.
Suzi Peck stated, for the record, that Anne Bingham had told her she would be in favor of these waivers.
Wilber School 40B:
The Board reviewed a request from Peter O’Cain, Town Engineer, for a waiver on behalf of Meridian Associates to move the reserve area off the Town portion of the lot.
The Board expressed differences of opinion re whether BOH is the authority for waivers for 40Bs or whether BOH reviews and makes recommendations to ZBA. Suzi Peck stated she believes BOH is grantor of permits/waivers, etc. Stan Rosen questioned whether or not the ZBA is the arbiter. Stan Rosen suggested forwarding this question to Town Counsel, i.e., when a 40B requires variances or there are questions re BOH regs/waiver requests, etc., does BOH refer to ZBA...or is the judgment of BOH final?. Suzi Peck suggested wording the question stating that our presumption is we still have the right to issue our permit, and expressing what we believe our authority to be. She then asked that the matter be tabled until Anne Bingham, an environmental law attorney, returns. The BOH agreed to table the
matter to the March 31st meeting. In the meantime, Ed Welch will speak with Peter O’Cain about questions re the drain line.
Sharon Commons:
Marie Cannon reviewed changes received from Linda Rosen....as submitted to her by BOH members . Suzi Peck explained she had suggested changes , but had not forwarded (to Linda) out of concern that it would violate open meeting laws; and she was waiting for some information from DEP. The Board reviewed and discussed all the suggested changes. Suzi Peck expressed concern about Marie’s suggested change to the condition re testing of groundwater monitoring wells. She was not comfortable with skipping to a limited number of tests, since they would, potentially, be introducing a new set of water pollutants. Ed Welch questioned why this development would require more testing than the town of Sharon or Shaws’ Plaza. Marie Cannon stated her opinion that Appendix A, which she included, includes
testing for more than was tested at Well #5. It was agreed by the applicant (and the BOH) to conduct the entire battery of tests listed on Appendix A and as amended (plus asbestos, perchlorate, and MTBE) prior to development...and on the fifth year. Subsequent testing will be determined by the Board.
The meeting was adjourned at 10 PM
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