MINUTES OF MEETING
SHARON BOARD OF HEALTH
NOVEMBER 30, 2009
A meeting of the Sharon Board of Health was held on Monday November 30, 2009, at 7:30 PM at the Sharon Town Office Building. In attendance were Stanley Rosen, Chair, Andy Stead, Vice-Chair; Suzi Peck, Jay Schwab; and Ed Welch. Also present was Jim Andrews, Health Agent for Engineering.
Stan Rosen provided an update on H1N1 and seasonal flu vaccine. He also thanked all those associated with the multiple flu clinics held to date for all their assistance.
Update on Shaws’ Plaza
Clearwater Recovery (Steve Nelson) and Irv Frankel (Shaws’ Plaza property manager): Provided a general summary of work done (and results) through the summer. He reviewed that, at the beginning of the summer, they began to isolate the problem to the septic tank from Kindercare. They then began a pilot test to aerate that 1500 gallon two compartment tank. This also showed improvement. BOD has been greatly reduced - to below the limit. Suspended solids have been reduced in half....below the limit of 30. They’re now a couple of points above the standard of 25 for total nitrogen. Suzi Peck questioned why some results were still elevated. Andy Stead stated that it looks like they’re going in the right direction...but probably not enough data now to state the problem has been
solved. Jim Andrews stated that the difference in the tank was remarkable following the aeration. Also...for main treatment plant — found the recycle pump wasn’t running – just went online in the last week. Now have an alarm system. Additional repairs have been made to the system. Suzi Peck asked that someone assume responsibility for calling if the alarm light goes off. Mr. Frankel stated that there are enough people concerned about the system...in addition to the police who make regular rounds at night......who would contact Clearwater. Stan Rosen suggested that a small investment be made for an automatic dialer. There is sufficient storage for 24 hours......Clearwater has a one hour response time.
Jay Schwab reiterated that this is an encouraging improvement...but that more results are needed. They were asked to continue monitoring a couple of times a month for a couple of months and to appear before the BOH to present the data....then the BOH will reevaluate.
Andy Stead requested that an update be added to the existing as-built. Suzi Peck questioned whether a new permit needs to be issued....incorporating the operations plan. Others suggested that a new permit would not be required. The BOH will take a look at this issue in a couple of months.
Variance Request: Lot 2... Huntington Avenue
Jason Youngquist,P.E., of Outback Engineering... and applicant Michael Jacobs. Request for a variance from BOH 7.07(3) to allow a proposed septic system to be mounded above grade. The existing topography of the lot slopes away from Huntington Avenue at an 8% slope....not a typical mounded system - due to the grade of the land. Stan Rosen noted that the soil contains some amount of fill, an observation first denied, but then confirmed by Mr. Youngquist.
Suzi Peck noted that, in 2002, the same proposal was presented...and denied because the fill is not allowed. Mr. Youngquist stated that, from the bottom of the filled soil, they meet the requirements for depth to groundwater. Andy Stead disagreed. Mr. Youngquist stated that, then, a variance would be requested from this section as well. Suzi Peck stated that the BOH has, in situations such as these, adhered strictly to the standard of loss of substantially all economic benefit of the property..plus the requirement of providing the same degree of environmental protection.
Stan Rosen stated that the applicant is requesting variances from both 7.07(3) and the issue of the fill. Suzi Peck stated that there is record that this is not a buildable lot.
Michael Jacobs, owner of the property for seven years, stated that this is a single lot — hasn’t yet been subdivided. Jim Andrews confirmed that the proposal was previously rejected for the same reasons. Jim Andrews noted that he had discussed this with Outback Engineering and Mr. Jacobs.
Several abutters were present and commented. One was concerned about an intermittent stream in the area. Resident of 153 N. Main St. was concerned about runoff to her property....currently tied into Intoccia property Bella Estates. She also asked that a barrier be built. Neighbors spoke of water problems in the area. Michael Jacobs stated that the water problems have been resolved.
Stan Rosen stated the BOH may not make a decision on this tonight.....that the concerns raised by the neighbors should be addressed by the applicant. Suzi Peck recommended voting tonight because she does not see how the manifest injustice criteria can be met. Andy Stead they could reconfigure... and design a system without a variance. Ed Welch suggested that the applicant should be given the choice. Stan Rosen stated that, historically, the BOH has taken a conservative stance on the manifest injustice issue for new construction. The Board agreed to continue the hearing pending the applicant’s responding to neighbors’ concerns and the BOH concerns.
Well Variance Hearing - 811 Bay Road - Lot #3
Todd Pilling, P.E. and owner Raj Gupta... to request an irrigation well....with a variance request for the distance to the property line (from 50 feet to 17 feet).
Suzi Peck noted that the same watering restrictions will be required as for the rest of the town. Jim Andrews noted that the property is in the fringe of a Stoughton Zone II. Abutters present.... asked questions...had no objections. Andy Stead asked why an irrigation well is needed since there is only a small area for landscaping. Suzi Peck suggested speaking with the Water Management Committee on this issue in general. Suzi Peck stated her reluctance to give a variance for an irrigation well, particularly since it is in Stoughton’s Zone II. ...but she does not feel there is a public health issue.
Mr. Gupta stated that backflow prevention is required....and a lot of water won’t be drawn from the well. Jay Schwab noted that testing is required.
Stan Rosen reviewed: testing needs to be done initially and annually...and to be provided to BOH. If problems the well would be shut down. Would provide permit for 5 year period to be renewable....for irrigation use only.....subject to the same watering restrictions as the rest of the town.
VOTED: (Welch/Schwab) unanimously to grant the variance with the stipulations as noted.
Keating Funeral Home discussion
Chris Carroll, chief investigator of the MA Division of Professional Licensure (oversees 31 boards including the funeral board): Funeral Board instructed Mr. Carroll to go forth and revoke the State funeral home license. He noted that Mark Farley was to oversee the funeral home until Mr. Keating attained his appropriate license. Mr. Farley has only a state license for his Stoughton facility. BOH allowed Mr. Farley to oversee the facility on a temporary basis, but this began over two years ago........would need a Type 3 license from the state. Establishment certificate runs with the funeral home.....when Mary Keating passed away that put the certificate in limbo. Mr. Keating’s license as an embalmer and funeral director have expired. Also present: Fred Keating and Mark
Farley.
Mr. Carroll explained that 51% ownership is required for a Type 3 license...plus continuing education credits. Suzi Peck asked how far away Mr. Keating is from attaining the Type 3 license. Fred Keating stated: In 2000 he needed a few additional requirements for his Type 3 license...went to the state board and, prior to that, attained an apprentice license to Mr. Russell at that time. Became a funeral director in 2000. Fred Keating stated that, since 2004, he has had 51% ownership in the funeral home. His application was not complete.... His license as a funeral director expired due to lack of CEUs. Mr. Carroll replied that Mr. Keating has not responded to requests for followup from the Funeral Board.
Mr. Carroll: establishment is still riding on the name of Mary Carroll. There is not a Type 3 license. Mr. Farley stated he has been on the premises a few times a week..has not had the opportunity to do pre-needs. Jay Schwab stated that the BOH only acts on the information provided by the state funeral board. According to Mr. Carroll there is currently no establishment license. Jay Schwab asked if it would be legal to extend the permit for a short time pending the resolution of the problem. Stan Rosen stated that the situation can affect public health....that an expired licensee may not continue to operate.
Mr. Carroll stated that the funeral board would begin summary suspension proceedings...and that, if Mr. Farley continues to act on behalf of the funeral home, the board may take action against him as well. Mr. Farley stated that, since the temporary arrangement he has had with Keating’s since 2007, no funeral has taken place at Keating’s without a licensed professional being there. Mr. Carroll stated that there was a complaint pending that there was no supervision of Mr. Keating’s work. He stated that the files should be transferred over to the Farley operation. Mr. Carroll reiterated that, in order to be in permanent control of a facility, the operator must own at least 51% of the facility. In addition, an embalming room is now required...as well as a tight tank.
Stan Rosen: Neither Mark Farley nor Fred Keating is able to be certified as a funeral director for the Keating Funeral Home. Therefore, the license issued to Mark Farley must be revoked. Mr. Carroll stated there is no link within the state between Mr. Farley and Mr. Keating. Stan Rosen stated that the BOH has to consider the best interests of the public health of the community, based on the chief investigator for the state funeral board telling the BOH that there is no license.
Mr.Carroll proposed that, if the BOH decision is to close the facility until Mr. Keating’s paperwork is complete and correct credentials are provided, the funeral board would be amenable...and he would be glad to let the BOH know once all the issues were resolved. Otherwise the state would seek a summary suspension. Stan Rosen raised the question of how those people who have pre-paid arrangements would be served during this time. Mr. Carroll stated that anyone with a completed pre-need agreement could go to another facility.
VOTED: (Rosen/Welch) unanimously to revoke the license for Keating Funeral Home issued to Mark Farley June 1, 2009, effective immediately, consider renewing the license until its current expiration date of April 30, 2010, pending receipt of the proper credentials and notification by the state funeral board that a state license has been attained.
When Mr. Keating obtains his license, the funeral home would be subject to all the new code standards. The state would inspect to be sure it would be ADA-compliant, etc., in order to issue the state establishment license...with signoff from the Building Inspector. Local BOH signoff for the embalming room and “tight tank” would be required.
Mr. Carroll asked who would be the point person for concerned callers. Fred Keating stated he would take those calls and refer people to other facilities.
Meeting was adjourned at 10 P.M.
| 
