MINUTES OF MEETING
SHARON BOARD OF HEALTH
September 12, 2011
A meeting of the Sharon Board of Health was held on Monday, September 12, 2011, beginning at 7:40 PM at the Sharon Town Office Building. In attendance were Suzi Peck, Chair, Jay Schwab, Vice-Chair, Stanley Rosen, and Andrew Stead.
Minutes of Meeting: August 22, 2011
VOTED: (Schwab/Rosen) Schwab, Rosen, and Peck voted to accept the minutes of the meeting of August 22, 2011, as amended. Stead recused himself.
Minutes of Meeting: July 25, 2011
VOTED: (Stead/Rosen) Stead, Rosen, and Schwab voted to accept the minutes of the meeting
of July 25, 2011, as amended. Peck recused herself.
Minutes of Meeting: June 27, 2011
Suzi Peck stated that she would prefer to have all members present who were in attendance for the meeting in question; Stan Rosen noted that, in the past, including meetings earlier this year when Suzi Peck was chair, the Board has not waited for all parties to be present in order to vote on minutes. Suzi Peck agreed.
VOTED: (Stead/Rosen) unanimously to accept the minutes of the meeting of June 27, 2011.
Variance Hearing: 216 N. Main St.
In attendance were Keevin Geller, property owner, Rick Merrikin, P.E., Merrikin Engineering, and Atty. Joel Fishman. Atty. Fishman provided an overview of the variance request.
Current use of property is as a commercial lumber yard and woodworking shop, as well as single family residential use. Owner wishes to convert to multi-family residential on same footprint...to include 6 two bedroom condos plus the existing 3 bedroom residence. Atty. Fishman stressed this would be an aesthetic improvement; also environmental improvements, as well as change to all-residential use - more in keeping with the neighborhood.
Rick Merrikin: Site encompasses 8.34 acres including the pond....consists of 1.33 acres of land on the side of the pond under discussion. Includes most of Saw Mill Pond; fronts primarily on Canton St., BOH gave variance for FAST system in early 1997. Wishes to convert from existing non conforming commercial use to residential use. Current design flow =- 497 gpd. (3 bedrooms and 6 people in the shop).
They seek variances in order to install a new septic system with total of 15 bedrooms; Propose 86' from pond (Article 7 requires 125')......consistent with existing variance.
Proposed to use Singulair unit....forced aeration chamber. According to Rick Merrikin, per DEP, can allow a reduction by 50% in leaching area with Singulair I/A system. He stated that, since they’ll be pre-treating the effluent...he does not see that the amount of effluent is an issue. He stressed the uniqueness of this particular location/situation.
Suzi Peck: have to include size needed for reserve area and regular disposal...then cut that in half. Rick Merrikin stated they can build a Title 5 system...fully compliant with DEP rules. Then would need variances strictly from Article 7: distance of 52' from pond; elimination of separate expansion area. He stated the depth to groundwater is 5'.
Suzi Peck: the BOH has not given variances for new construction ;per state and local regulations
the applicant has to have lost substantially all economic value of the property. Property is In a Zone 2. The BOH already varied the rules for this property back in 1997 in light of the historical significance of this property and the fact that it is a business. Andy Stead questioned whether the last variance was based on maximum feasible compliance. Jim Andrews concurred.
Jay Schwab: sees that the proposal would eliminate parking lot areas....making the site more aesthetically pleasing...would provide an improved site. Now being used as lumber yard/storage
area....not best use for the pond area. He stated he doesn’t see the variances being requested as much different from those granted in 1997.
Rick Merrikin: parking area to be reduced; runoff to pond to be treated. Stan Rosen: 23 parking spaces proposed...with 15 inside garages.
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Comments from abutters included: building condos would be beneficial to town and neighborhood. Keevin Geller noted there have been ongoing complaints from neighbors about operation of business; noise, grease, etc. He stated that conservation is important to him (he is member of Concom). He would replace an area of parking lot with mulched landscape.
Rubber roof on building now....all runoff currently goes into pond. He further urged the Board to do as is done on Concom.....to look at the big picture, i.e., would this provide a benefit to the Town of Sharon; also concerns/confusion expressed that the BOH considered economic issues. It was explained that manifest injustice is, essentially, an economic issue.
Stan Rosen: what are the pros and cons of the proposals for this particular site? Rick Merrikin stated they could prepare a Title 5 compliant plan with a nitrogen treatment system.
Suzi Peck: still struggling with the question of how this situation constitutes manifest injustice. Andy Stead: they could build a 4 bedroom home on this site.
Keevin Geller: lumber yard and wood workshop cannot continue in the current economy. The site is extremely restrictive as to what can be placed there. Someone wants to rent the building and run a sawmill there...which could be done without any permits. However, Mr. Geller would prefer not to impose upon the neighbors with the noise a sawmill would produce.
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Rick Merrikin: The BOH could configure a decision so that it would apply only to this location (and would not be precedent-setting) due to the uniqueness of the location. Stan Rosen: it is impressive to see neighbors in favor of proposal. This is a unique property: pond/configuration/large size of building, etc. He stated that, as one member, he would be inclined to give serious consideration to the project if they could build a Title 5-compliant system with nitrogen treatment . Rick Merrikin stated that most boards have come to realization that each variance is site-specific.
Andy Stead suggested the BOH continue the hearing. Suzi Peck suggested they perhaps consider a less extensive development.
The Board continued the hearing to the meeting of November 21, 2011.
7 Capen Hill Road – Variance Hearing for Geothermal Well
The new owners of the property were present to request variances from setbacks in order to install a geothermal well for heating efficiency.
Suzi Peck asked if this is a closed loop system. Applicant Thomas Liang responded that it is an open or semi-closed system. Jim Andrews stated that the well driller told him that it is an open loop system...otherwise there would have been no reason for the applicant to come to the BOH.
Suzi Peck: reviewed that the state has rules about geothermal wells: if fully closed loop system it is totally permissible by both town and state. Stan Rosen added the applicant would not even need to come to the BOH for a closed loop system. The few existing geothermal wells in town are all closed systems. Stan Rosen told the applicant to go back to the contractor for a closed loop system...then just return to Jim Andrews with plans. The open system would use enough water to require a state groundwater permit (if 10,000 gpd).
Flu clinics.
Jay Schwab reviewed that, despite the announcement by the State DPH regarding a limited supply of flu vaccine to be available through health departments, the Sharon Health Department will have more than adequate amounts of vaccine available. He reported on the dates and locations of the clinics and suggested residents check the town’s website. Vaccine to be provided regardless of insurance status....but insurance information is requested for reimbursement purposes.
Supplemental Agenda
The Board reviewed and approved a request from Sheila Miller to change the minimum age for the Health Department in order to provide injectable flu vaccine beginning at the same age at which intranasal spray is provided. Stan Rosen noted that former member of the BOH and pediatrician Elizabeth Barnett recommends this; and he stated that this would be consistent with our reaching out to tend to the needs of the community as best we can.
VOTED: (Rosen/Schwab) unanimously to change the minimum age for the Health Department to administer injectable flu vaccine to 5 (from 7)...which would be the same minimum age for which intranasal spray is provided by the Department.
The meeting was adjourned at 9:15 PM..
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