MINUTES OF MEETING
SHARON BOARD OF HEALTH
May 16, 2011
A meeting of the Sharon Board of Health was held on Monday, May 16, 2011, beginning at 7:35 PM at the Sharon Town Office Building. In attendance were Suzi Peck, Chair; Stan Rosen, Jay Schwab, and Andrew Stead.. Jim Andrews, Health Agent for Engineering, was also present.
Update re Sharon Commons
Bob Shelmerdine and engineers from Coler and Colantonio were present provide an update on the Sharon Commons project. Original proposal was for 450,000 square feet of retail and
45,000 square feet of office space....per ZBA approval in 2008. In 2010, the project was reduced down to 405,000 retail and approx. 40,000 sq. feet office space. The use originally approved by the BOH has not been increased.
Residential component is a separate. To date, ZBA approval has been granted for 29 townhouses only. Eventual plan for 168 units with 2 bedrooms each still exists under the 40R.
No more than 336 bedrooms will be allowed. 60, 000 gpd system still planned for Sharon Commons. Buildings have been repositioned; proposed leaching field has been realigned.
Suzi Peck commented that since the project has changed since BOH approval, the permit extension act does not apply. She believes the applicant has to go back to state and BOH for new permits, since the plans are now different that those previously approved.
Bob Shelmerdine: the applicant is actually reducing the proposal....just moving things around....changed the configuration of the wastewater treatment plant. Ken Caputo stated that, according to DEP, the applicant will need to go back to DEP for plan modification...not a new application.
Stan Rosen stated the Board should weigh whether the changes are sufficient such that the BOH needs to review as an amendment or as a new application. Suzi Peck questioned whether or not the permit is still alive. The extension by the Health Agent for Engineering expired in September 2010; Stan Rosen stated that it is important to clarify that the extension act only applies to original plan....not to revised plan. Ken Caputo stated that the only change is the exact footprint of the SAS. They would return with application for modification of permit, if BOH desires. to demonstrate that there have been basically no changes to 60000 gpd system. Plans always contemplated movie theaters and 950 restaurant seats. Small stores still included....but not as many as earlier planned. More public open space in the
plan.
According to Coler and Colantonio, the project is permitted through 2013 with DEP. DEP has agreed that only a modification to the permit will be required.
Anne Bingham raised the question of the 21E issues and whether or not they had been eliminated. Bob Shelmerdine stated they definitely had been.....and confirmation was sent to the BOH on this....he will locate the letter and forward to BOH.
Suzi Peck expressed concern that the Board would again want the services of Marie Cannon to review revised plans. Stan Rosen stated that the services should be again funded by the applicant.
Anne Bingham questioned: Whether a live permit for BOH still exists? ; Whether the special act still pertains to the revised proposal?; Whether this would constitute a new permit or an amendment?
Bob Shelmerdine stated they would submit detailed plans and would send copy to Marie Cannon if she’s still available. The submittal will show the differences between the previously approved plan and the current plan. Then they will return to BOH for review and understanding.
Suzi Peck stated that, following review of the revised plan, the Board will consider codifying and cleaning up the existing agreement....possibly treating the request as a modification.
Mangia Restaurant
Steve Fenerjian, owner of proposed gourmet pizzeria for 21 South Main St. was present, along with John Glossa, Engineer, and the property owner, Mr. Howard. This is the former location of Tees Plus. They plan to use the existing structure; request for upgrade for change in use to a 25 seat restaurant. Jim Andrews questioned whether this becomes a shared system for the 2 buildings on the property? It was clarified that since both buildings are under one ownership this would not be a shared system. Mr. Glossa: good sand...meets all Article 7 setbacks and depth to groundwater. Cesspools to be removed; new system to be fully compliant with Article 7 as shown on plans dated April 15, 2011, from Glossa Engineering. Andy Stead noted that the plans seem fine from a septic standpoint.
VOTED: (Rosen/Stead) unanimously to approve the request for a change in use.
Mick Morgan’s
No plans have been located for the system; Jim Andrews recalls a new system installed in 2004. He stated that the former Bickford’s, as well as Wicked Restaurant, had outdoor seating...and that it worked; the restaurant will never fill up both inside and outside...but he believes that the system would be adequate even if all seats filled...200 inside and 125 outside. Suzi Peck stated that she is uncomfortable that no one has any record or as-built of the system. Stan Rosen suggested that, in the interest of protecting the public, while taking the recollection of the Health Agent into consideration; since other restaurants have operated in this manner; perhaps we should keep an eye on this for this season through March 1st of 2012...and then have the applicant agree to do an
as-built at that time. Jim Andrews then suggested that the Board call for a Title 5 inspection now (which would provide the necessary information) and again whenever there is any change in occupancy. Suzi Peck stated this is in a sensitive area. The Board concurred with the decision to ask the property owners to have a Title 5 conducted with Jim Andrews to witness....with results to be provided to BOH by the next meeting (June 6th).
109 Beach Street
Since the variance hearing for a 3 bedroom home on this property, per BOH request, Jim took part in a tour of the property and it was found that this is definitely a four bedroom home. Thus revised plans are being drawn for 4 bedrooms; all variance requests will require an additional foot. Since the previous hearing was closed, a new hearing will be required.
Minutes of Meeting: .
VOTED: Rosen, Peck, Stead voted to approve the minutes of the meeting of April 25, 2011, as submitted. Schwab abstained.
Contract bids for Health Agent for Sanitary Inspections and Enforcement.
The Board reviewed the two bids/resumes received for the contract years 2011-2013. Suzi Peck stated that, due to the difference in the hourly amount requested, she felt that both applicants should be interviewed. Interviews will be scheduled fo June 6th. Suzi Peck will contact the references for Bridget Sweet; no references need be contacted for the incumbent, Bill Iannucci. Suzi Peck noted Linda Rosen’s comments that Bill Iannucci has been doing a fantastic job for the past two years.
Variance for Camp Wonderland...
The Board reviewed a request by Camp Wonderland for a variance from 105CMR 430.159...to allow Robin Babbit (who has a background as patient care assistant and medical assistant) to serve as the health care supervisor at the camp in the absence of Toni O’Neil, RN, the health care supervisor (who is not available on a full time basis). Suzi Peck stated that she had received this request initially from Sheila Miller several weeks ago. Sheila, as well as representatives from other Boards of Health, recently became aware of this requirement at a training program. Suzi Peck had told Sheila that the Board has drawn a firm line on variances from all regulations. Sheila Miller felt that, knowing the parties involved, this proposal would be acceptable.
Jay Schwab questioned: what is the availability of the R.N.? What are the qualifications and background of the person for whom they’re seeking waiver? He noted that the waiver language....105CMR 430.800...states that the waiver should not conflict with the intent and spirit of the minimum standards. He expressed concern about not having a full time RN on the premises of a residential camp with over 150 campers and staff.
It was agreed to contact Camp Wonderland with all of the above-mentioned questions...and to invite them to attend the meeting of June 6th to demonstrate to the BOH that the coverage proposed would be adequate. Then the BOH will determine whether or not the waive the requirement of 105CMR 430.159(E). It was agreed to invite Sheila Miller to attend as well.
The meeting was adjourned at 9:32 PM.
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