Minutes of Meeting
June 30, 2008
A meeting of the Sharon Board of Health was called to order on June 30, 2008 at 7:30 PM, in the Sharon Town Office Building, with the following members in attendance: Stanley Rosen, Chair, Edward Welch, Vice-Chair, Anne Bingham, Jay Schwab, and Suzi Peck.
Policy: complaints...standing water/mosquitoes/tall grass
The Board discussed the issue raised by staff regarding the handling of complaints received about standing water, tall grass (e.g., 24" high), etc. Jay Schwab stated that the BOH can’t require people to cut their grass on their own property. He further stated that receptacles accumulating water...harboring mosquitoes....are a public health issue. Anne Bingham stated that the Board shouldn’t use its nuisance authority for these situations. It was the sense of the Board to handle complaints of this type by sending informational/educational materials re West Nile Virus, Lyme Disease, etc. Any continuing, egregious situations can be referred to the Board.
Horizons for Youth
Anne Bingham was concerned that an important concept, noted at the BOH meeting of May 12, 2008, was not included in the letter sent to the Selectmen regarding the septic system at Horizons For Youth property. As in the minutes of May 12th, “... Anne Bingham stated that, according to DEP, if one system has failed, then they are all considered to have failed...” She wanted that statement, along with the regulatory citation from Title 5, included in the letter to the Selectmen. She stated that the Selectmen were in violation of the law, i.e., when the property changed hands the system must be upgraded within a year. Stan Rosen stated that he believed he had written the letter to include the substance of the board’s discussion on the matter. Anne Bingham stated that, for
the future, citations from Title 5, Article 7, etc., should be noted. Suzi Peck concurred and stated that, for the future, the Board needs to be quite clear and explicit in voting on points to be included in letters. Stan Rosen stated that he believed each member of the Board would compose a letter somewhat differently....attempting to include all that the Board voted to include.
Larry Liberfarb: 1 Tamworth Road
Mr. And Mrs. Liberfarb were present to request permission to to build a screened in porch off the back of house without increasing the size of the existing septic tank. They are in the groundwater protection district; have a 1000 gallon septic tank. Suzi Peck explained that a screened in porch is considered habitable space (not only by BOH, but by ZBA, Building Inspector, etc.). Article 7 states an upgrade of septic system to 1500 gallon tank is required.
The Board also reviewed a memo from Jim Andrews suggesting that the Board discuss this issue to see if there is a way to lighten the load on this type of “usually no impact” type project. Suzi Peck explained the rationale for requiring the upgrade of the tank, i.e., to protect the groundwater. She stated that, when an applicant asks to increase the footprint of the house and increase habitable space, it is legitimate for BOH to ask for upgrade of septic system. Stan Rosen reviewed that, under the current regulation, as well as the BOH’s ongoing interpretation and zoning board’s interpretation, the only way for ZBA to approve the addition of a 3 season porch would be if BOH approves; that homeowner would have to increase undersized septic tank to 1500 gallons. Mr. Liberfarb
noted that there will be no heat; no closets. Suzi Peck noted that, per BOH, ZBA, Building Inspector, once someone screens in a porch, it would be very easy to make it into a room. She further stated that, if weren’t in a groundwater or surfacewater protection district, the standard
wouldn’t be as stringent. It was the sense of the BOH not to grant the homeowner’s request.
Anne Bingham further noted that she would like Jim Andrews to be in attendance to discuss the memo he sent to the BOH on this issue. She questioned whether there might be specific circumstances in which the tank upgrade might be waived....and would like to discuss with Jim Andrews.
Designations:
VOTED: (Bingham/Schwab) unanimously to accept the designations of the following as representatives of the BOH to issue tickets for non-criminal violation of various BOH regulations, as suggested by Linda Rosen, with the addition of Linda Callan under Article 7:
For violations of Article 26....Pooper-Scooper Regulation: Sheila Miller and Linda Rosen
“ ” Chapter II, State Sanitary Code (Housing) Sheila Miller and Linda Rosen
“ ” Art.12,State Sanitary Code Ch.X (Food) Jack Lapuck, Sheila Miller, Linda Rosen
“ ” Article 27..Waterfowl Regulation Sheila Miller and Linda Rosen
“ ” Article 7 - Septic Regulations Jim Andrews and Linda Callan
Policy on Semi-Public Swimming Pools
voted: (Schwab/Peck) unanimously to require operators of semi-public swimming pools to maintain the pool testing results in bound book; and to maintain the once/weekly fecal coliform testing requirements.
Unitarian Church - variance hearing
Jim Susi, Engineer, United Consultants Inc.; Joseph Rando, member of church, and Atty. Joel Fishman.
Suzi Peck, a “friend of the church”, recused herself and left the meeting. Mr. Susi presented a proposal to replace the septic system. Total of 6 toilets (now 2 toilets). Occupancy to remain the same at 270 persons. To use actual water usage, the request has to go to DEP. Anne Bingham expressed concerned that averaging is based on 180 days of flow and that flow could exceed 600 gpd on a Sunday. She asked for ways to reduce flow: asked whether there had been any discussions about using a composting toilet. Stan Rosen asked the applicant review and let BOH know if and why can/cannot be done and why. Currently out to preliminary bid on the project; going to ZBA on July 9th since non-conforming, i.e., distance to lot lines; also going to Historical Commission. Anne Bingham suggested motion activated sinks...notices to congregants about importance of saving water....look into Clivus waterless toilets; etc.
Stan Rosen reviewed the Board’s discussion: the BOH would like to approve the proposal for the Unitarian Church as presented, with following additional requirements:
The BOH is assuming the validity of the argument that the 1000 gallon grease trap tank bolsters tankage availability to 2500 gallons by combining with the 1500 gpd tank. In addition, the BOH requires ultra low flow toilets; requests that composting toilets be reviewed to see if feasible for one or two bathrooms; motion activated sinks; general policy of water conservation be conveyed to congregants via signage at sinks and toilets, and to janitorial staff at mop sink. Also: signs in kitchen regarding no Drano in drains; list for cleaning (vinegar/baking soda). Joseph Rando stated that the church wants to be as “green” as feasible.
After completion of system church shall, for quality assurance, monitor the flow on peak days and report back if exceeds the 600 gpd anticipated number.
VOTED: (Anne/Ed) unanimously to approve plans as submitted with additional requirements as recorded.
Minutes of meeting of May 12, 2008:
Anne Bingham and Suzi Peck expressed disagreement over wording in the minutes regarding the letter to be sent to the Selectmen about the Horizons property. They believed the vote stated that the word requires, not requests was to be used, regarding the applicant looking at existing depth to groundwater and setbacks to see if they comply. Neither Stan Rosen nor Ed Welch recalled the word “requires” being used in the vote.
VOTED: (Bingham/Welch) Bingham, Welch, and Rosen voted in the affirmative; Peck voted against; Schwab abstained....to accept the minutes of the meeting of May 12. 2008, as presented.
The Board agreed to send a followup letter, to the Board of Selectmen, so there is no misunderstanding, regarding the Horizons for Youth Property...that upgrades need to be made within one year of sale/transfer of property...quoting pertinent section from Title 5. The Board will review the letter at its next meeting on July 7th.
In addition, Stan Rosen stated that, in his opinion, Suzi Peck and Anne Bingham sending a followup memo (re Wilber) to ZBA wasn’t the best thing to do. He stated that he had written a letter on behalf of the BOH which he believed reflected the vote of the Board. He stated that the situation wasn’t an emergency and, if Board members disagreed with the letter, they could have come back to the BOH to revisit the issue. Anne Bingham and Suzi Peck stated that they felt it was important to send the followup letter to the ZBA (prior to their meeting) regarding the importance of the sewer hookups in order to explain the rationale for the Board’s concern.
Jay Schwab suggested establishing a protocol whereby, in situations regarding large systems of great importance to the town, the members can see and approve letters before they go out. The Board continued to discuss organizational issues.
The meeting was adjourned at 9:25 PM.
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