MINUTES OF MEETING
SHARON BOARD OF HEALTH
March 5, 2012
A meeting of the Sharon Board of Health was held on Monday, March 5, 2012, beginning at 7:31 PM at the Sharon Town Office Building. In attendance were Suzi Peck, Chair, Vice-Chair Jay Schwab, Stanley Rosen, Andrew Stead, and Ed Welch.
Atty. Joel Fishman: Discussion re 164 Beach Street
David and Bonnie Klayman, (MANK, LLC), property owners, and David Oberlander, P.E., were present to seek the Board’s guidance as a result of concerns of Jim Andrews regarding the proposed size of the addition. There is to be some demolition; but, basically, an addition to the existing house is planned. Atty. Fishman expressed his determination that Article 7 does not define new construction; that three is no increase in design flow or in the number of dwellings or bedrooms, and that, therefore, according to Title 5, this is not new construction. Klaymans just purchased property in 2011; 3 bedroom home per assessors’ records. Square feet to increase over 2.5 times.
Jim Andrews: if the Board considers this new construction, neither variances nor mounding are allowed. Suzi Peck noted that the plans presented indicate there could be additional bedrooms created. She further stated that this property exists clearly as a 3 bedroom home; would require deed restrictions; nothing could be finished. She doesn’t feel BOH has authority to do anything else, i.e., due to the increased amount of square footage. Jim Andrews: size of house lends itself to a different definition of the number of bedroom, i.e., there would be a large increase in habitable space. Deed would be very clear about no subdividing of any rooms; no finishing of any rooms. Stan Rosen advised: anything that can be done to minimize or eliminate any variances would be
useful.
Variance Hearing: 623 Massapoag Avenue
Atty. Joel Fishman, trustee of the trust of this property; David Oberlander, P.E. Mr. Sreda passed away several years ago.
David Oberlander of BDO Engineering: since nothing can be built without Article 7 variances, it would be a manifest injustice to deny such variances, although this is new construction.
Developer Giulio Intoccia purchased other lots from the family to build...but did not purchase this lot. Ed Welch: there are other lots in town which are substandard to today’s standards and would require variances today; but were/are buildable lots. Suzi Peck: the BOH needs to deal with the issue of manifest injustice first before the issue of environmental protection. Stan Rosen: feel the need to specify that any variances in this instance would be specific to this case only and would not apply to another lot which was considered buildable at one time. He suggested the Board consider granting the request for minimal variances. Suzi Peck: the BOH needs to be careful; there are two independent tests: manifest injustice and equal environmental protection. Stan Rosen asked if the
applicant had approached the town about reducing the easement, which would eliminate one of the requested variances. Applicant recently mentioned this to Peter O’Cain, who said that process could take many months. Suzi Peck suggested exploring reducing the easement. Stan Rosen asked: what can the applicants reasonably do to make this more to the board’s liking? David Oberlander: took the least variance he could.
VOTED(Stead/Rosen) to approve the variances #1 and #2 as requested. Discussion: Suzi Peck asked Stead and Rosen to explain their views of the unique situation surrounding the request. Stan Rosen stated that he is satisfied with the perception that each piece of property in town is unique; this one has history of ownership associated with it; years of payments for taxes as buildable lot; a drainage easement. Andy Stead stated that this is a unique situation with a drainage easement and that the variance request re water main can’t be eliminated. Suzi Peck described the lot as a leftover lot that wasn’t buildable, turned back by the developer. Ed Welch clarified that this property never transferred to the developer.
Stead, Rosen, Schwab, and Welch voted to approve the variances #1 and #2 as requested. Peck opposed.
Animal Hearing (continued).
Suzi Peck again recused herself because she is a neighbor and because of her relationship with the applicant. Jay Schwab: continued discussion regarding placement of barn and stabling of a single horse; 4 plans were presented . Jay Schwab noted that none of the plot plans presented
meet the requirement of 25' between a fence and the property line; If the corral were moved down closer to Massapoag Avenue, would have a wider lot and could satisfy that 25 foot requirement. Efron: want to place the corral where it is the least problem for neighbors; has spoken to neighbors over past month and tried to make everyone happy. He indicated that the neighbors seemed happy with moving corral further back on the property. Abutter Georgette Kafka: first need general consensus from the neighbors; Jay Schwab: corral would have to be placed in a wider area of the lot.
Abutter Nancy Rea of 13 Massapoag Lane: Kenny Efron has tried to work with neighbors to ease the impact on the neighborhood; Alan Lubin of15 Massapoag Lane (Lot #18) stated he’d rather not have the animal; that it’s.too close. Suzi Peck (from the audience) stated that her reading of the regulations led her to ask whether the BOH can refuse the application if there are no variances required. Susan Kafka: issue of zoning, i.e., paying farm taxes as opposed to residential taxes? Stan Rosen: there is a reason the Board is required to review whether or not to grant a permit for a horse in residential neighborhood: one is placement of structure; the BOH needs to listen to animal inspector; needs to take comments of abutters into consideration. An abutter noted that all of the abutters were present. Jay Schwab asked if any were in favor of the proposal...no one spoke in favor. Gare Reid: concerned about manure in summertime - he has no central air conditioning. Another abutter asked
about concerns re water quality affect on the lake.
Ken Efron stated he is willing to meet setbacks of 25' from any lot line for corral. He would modify Plan 3, reducing the size of corral so it meets 25' restriction on either side. In response to comments by Mr. Efron, Stan Rosen noted that it appeared that the Board would not be inclined to grant a variance for this permit.
The hearing was continued to April 23rd at 7:45 P.M., when Mr. Efron will present his revised plot plan, which must comply with the offsets.
Vote on Chair and Vice Chair
The Board postponed voting on chair and vice chair.
Budget FY2013:
VOTED: (Peck/Schwab) unanimously to submit the budget as prepared...with one scenario restoring the 10 hours per month for the Health Administrator, leaving that as the equivalent of a 37.5 hour position.
Discussion on procedures for hiring Health Administrator
Jay Schwab noted that Linda Rosen had provided information, including salary information, from 10 other communities.
Jay Schwab stated that Linda Rosen had presented the BOH with a proposed plan as to how she might help the health department through the transitional period, i.e., until someone has filled the position. Stan Rosen recused himself for this discussion. Linda’s proposal included her working 9-10 hours per week during May and early June...with a retirement date of June 20.
Suzi Peck stated she does not believe the Board would realistically have someone on board before June 20, and added this is a reasonable request from Linda.. Jay Schwab stated the Board will need Linda’s expertise during this period.
VOTED: (Schwab/Peck) to accept Linda Rosen’s proposal dated March 4, 2012, as presented; noting this will satisfy the BOH needs for an easy transition period. Schwab, Peck, Stead, and Welch voted in favor; Rosen recused himself.
Jay Schwab noted that Linda Rosen had also offered to provide some time after someone is hired, should the Board wish.
The Board agreed with Linda Rosen’s suggestion that Linda Callan be asked for her willingness and availability to work additional hours during May and June, including coverage for meetings. Linda Rosen will speak with Linda Callan and report back to the BOH.
Suzi Peck provided a proposed revision of the existing job description for the Health Administrator. She stated it addresses the overlap between the nurse and administrator positions which have been articulated; she tried to make it more of a department head.
The Board agreed to hold an additional meeting to further discuss this issue on Wednesday March 14th at 7:30 PM. to write up a job description and vacancy notice.
The meeting was adjourned at 9:50 PM.
| 
