Minutes of Meeting
May 12, 2008
A meeting of the Sharon Board of Health was called to order on May 12, 2008 at 7:35 PM, in the Sharon Town Office Building, with the following members in attendance: Stanley Rosen, Chair, Edward Welch, Vice-Chair, Anne Bingham, and Suzi Peck.
Wicked Tans, Inc.
Chris Stephans was present to request approval of a tanning salon at 2 Merchant St. The Board reviewed the pertinent state and local regulations regarding tanning. The applicant stated that he has no prior experience with tanning salons; he will provide information on the manager’s background and copy of her certification. Mr. Stephans reviewed the tanning process in general...and the cleaning process. Board members noticed a few additional items which need further attention...to comply with state regulations. Mr. Stephans was asked to return on June 2nd, following inspection and recommendation of the facility by Dr. Lapuck, along with the certified trainer/instructor...to read both the state and local regulations to assure compliance. The issue of onsite laundry was mentioned. Mr.
Stephans will provide the msds on the sanitizing product he plans to use....and was urged to use the least harmful sanitizing product.
Position of Health Agent for Sanitary Inspections and Enforcement
It was agreed that BOH interviews for this position will be conducted on June 2nd. Anne Bingham suggested a five minute limit per interview. An earlier starting time was agreed upon. One applicant (to date) will not be interviewed because of his high bid. Anne Bingham proposed that every BOH member prepare one question for each applicant....to be presented ahead of time. Each applicant will be given a brief opportunity for response to BOH questions.
Minutes of April 14, 2008
VOTED: (Bingham/ Peck) unanimously to approve the minutes of April 14, 2008, as amended.
36 Quincy Street
Linda Rosen will follow up for the BOH with current assessors’ card, copy of Building Permit, etc. (Later in the meeting, it was noted that there might be some confusion about this address.)
Horizons for Youth Reuse Committee
Mike Bossin, Chairman of the Horizons for Youth (HFY) Reuse Committee, was present, along with David Oberlander of BDO Engineering, to update the Board on progress re septic systems for HFY. Five existing septic systems passed Title 5 (All Seasons conducted the inspection). For the foreseeable future any buildings attached to failed systems will not be used. To reach maximum capacity (the figure of 250 overnight campers was used as a more conservative figure, although only day campers are anticipated), the buildings attached to failed systems would have to be used.
Anne Bingham stated she wants to approve the systems so the camps can go forward. However, she wants to let BOS know that whole property is out of compliance with time of transfer, i.e., not done within appropriate time frame. Stan Rosen suggested it was not necessary to chastise the selectmen about the error. Suzi Peck noted the approval should include proviso that the entire property must come into compliance within a year. Stan Rosen suggested sending a firm, yet sensible approval to the owners of the property Minutes of Meeting
(BOS)...that limit is set at 200 day campers and 20 overnight...that this is for one year. Anne Bingham stated
that, according to DEP, if one system has failed, then they are all considered to have failed. Suzi Peck asked if the existing systems meet rules for depth to groundwater, as well as setbacks? Prior to expiration of the approval, the BOH will need to review plans for bringing the property into compliance with state law.
Discussion re cabins: if/when there are overnights, they will be using very limited cooking facilities in the mess hall. 2 buildings, #17 and #18 are sized as homes. Mr. Bossin stated it is quite unlikely that there would be an overnight camp on the premises for the foreseeable future. Suzi Peck asked that they review whether buildings #23 and #26 meet the setbacks to the lake? And, if too close, asked that the toilets in those buildings not be used.
Anne Bingham noted that, due to the size, we are actually dealing with a treatment works operation permit ...which is issued for one year (Article 7. 02 D). She also proposed that all tanks be pumped before the season.
VOTED: (Bingham/Rosen)....unanimously....to approve issuance of a treatment works operation permit to the Sharon BOS authorizing use of the HFY property for day camp use in the summer of 2008, in accordance with plans for systems 1 and 2, dated May 1, 2008. A weekly report (spreadsheet) will be required showing on an ongoing basis that they are not overloading the system.. The BOH wants to be shown significant compliance with state law before camp is allowed to open next year. Water meter readings to be provided...separate meters where available. The Board also requests that the applicant look at existing systems: depth to groundwater and setbacks to see whether they meet current requirements. Linda Rosen will follow up with Joe Kent to ascertain the maximum occupancy to be allowed for the
entire camp.
24 Lakeview St. - Variance Hearing
Brian Pariser was present regarding his request to expand his home at 24 Lakeview Street to 4 bedrooms. He will also need ZBA approval since his is a non-conforming lot. David Oberlander, the engineer for the project, stated that there were no Title 5 variances, but one variance for an 11' setback from the leaching field to the property line. He stated he could remove that.....then system would be compliant and no variances would be required.
Mr. Pariser explained that a permit actually issued, but may have been done so in error. Stan: stated that he had communication from Jim Andrews on this...and that a permit had been issued for a 4 bedroom system, but not for a 4th bedroom. David Oberlander said the system was designed for an existing 3 bedroom house; it is an oversized system for 4 bedrooms. (The system has not been built.) Mr. Pariser stated that the Building Inspector told him it is unprecedented for a 4th bedroom to be allowed (to be added) in a water protection district. Suzi Peck stated that all the other lots (in that area) are too small. She said that, if the applicant can build a fully compliant system without any variances...we cannot stand in the way. However, the decision will then be up
to the ZBA. Dave Oberlander can revise the plan eliminating the variance; The BOH will write a letter to ZBA stating that the engineer can design a fully compliant system that BOH would approve. It was noted that there were a series of communications between contractor/engineer/our agent which were not communicated well to homeowner.
VOTED: (Rosen/Bingham) unanimously to send a letter indicating approval of redrawn plans with no variances.
Miscellaneous Items
Anne Bingham requested as a future agenda item a policy change requiring more information regarding inspections before approval of new septic haulers.
Both Anne Bingham and Suzi Peck expressed their concern that it is time to address problems relating to the Health Agent for Engineering. Stan Rosen noted that issues have been ongoing for some time.
Wilber School: Suzi Peck brought forth the suggestion that the BOH letter to DEP be forwarded to the ZBA, with a cover memo noting the importance of including Article 7 rules. Also noting that, if ZBA doesn’t include these items, it is up to the applicant to prove that it would be economically unfeasible to abide by these Article 7 rules. It was the sense of the Board to send the letter and cover sheet prior to the ZBA hearing on Wilber which is scheduled for May 14.
Anne Bingham stated she will go to ZBA and speak as individual BOH member on the letter. Following this discussion, she left the meeting.
Suzi Peck felt strongly that the BOH should have a representative attend the ZBA meeting and speak for the BOH. She felt that the ZBA would take the BOH position more seriously if a BOH member were in attendance at the hearing. Stan Rosen questioned whether any of the members could accurately reflect the Board’s position. Ed Welch stated that sometimes people color their answers according to their personal feelings on an issue. Suzi Peck then asked that the BOH allow her to attend the ZBA hearing and speak on behalf of the BOH.
MOVED by Suzi Peck that she be authorized to represent the BOH at this meeting...to summarize the letter and speak.. There was no second to the motion......motion did not go forward. Suzi Peck expressed her outrage with the situation and stated that she felt like quitting the Board if the members did not trust her enough to do this.
Ed Welch left the meeting at 10:10 PM....and the meeting was adjourned.
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