Minutes of Meeting
June 2, 2008
A meeting of the Sharon Board of Health was called to order on June 2, 2008 at 6:45 PM, in the Sharon Town Office Building, with the following members in attendance: Stanley Rosen, Chair, Edward Welch, Vice-Chair, Anne Bingham, and Suzi Peck.
Interviews for position of Health Agent for Sanitary Inspections and Enforcement
Dr. Lapuck is the current Health Agent for Sanitary Inspections and Enforcement...and a Certified Health Officer. He has held the part-time position for over 35 years. Education vs. enforcement: Believes in education...but not a policeman. Stated he generally doesn’t deviate from what is required by regulation. Has closed establishment due to a rodent infestation; closed because dishwasher machine wasn’t working. Ran laboratory for 28 years. Has inspected massage and nail establishments. Currently not employed elsewhere...other than an occasional consulting job. Stated job requirements should be greater than in current proposal.
Stan Rosen noted that he spoke with Jason Korb last week about the BOH request to DEP. BOH received revised draft ZBA decision incorporating BOH requests. An overview of changes to the project since the BOH February 2008 meeting was presented by Mark Beaudry of Meridian Associates. Currently 6 houses (24 bedrooms) interested in connecting to the wastewater treatment plant (wwtp). They have incorporated recommendations of Earthtech’s peer review, including additional monitoring requirements. Suzi Peck asked that, if there is a “hit” on VOC’s, there be further detailed analysis. Suzi Peck and Anne Bingham spoke of the expertise of the BOH...although ZBA is issuing the 40B decision. Anne Bingham spoke to the issue of DEP not being able to keep up with such permits...and asked for
continuing, ongoing monitoring and enforcement authority of the BOH in addition to DEP and ZBA – of the management of the wwtp, including noise, odor, financial assurances. The applicants conferenced...spoke with counsel. Counsel stated ZBA is permitting authority for the comprehensive permit. Anne Bingham stated: special conditions can be anything agreed to by applicant and ZBA. Anne Bingham: information should come to us. Stan Rosen: could approach ZBA and tell them they grant the permit and delegate to BOH all monitoring/enforcement of wwtp. Suzi Peck: nothing in 40B that takes away BOH enforcement authority. Ed Welch expressed issue of time concerns that if there is a violation now our option would be to go to DEP or ZBA and wait for their response before addressing the problem. Jason Korb stated that he would need to confer with counsel to see if 40B doesn’t legally require ZBA enforce any issues with wwtp.
Also...#10A in draft decision: Anne Bingham: wants certainty that 2640 gpd will be flowing into facility...to be definitive....and, per Suzi Peck: that the home tie-ins must come from Zone II...so that there would be no net impact on the well. Hydrogeologist stated that tie-in of the Zone III homes (there are currently 2 homes in Zone 3 interested in tie-in) would also result in no net impact on the well. Suzi Peck: should any of those homes already committed back out...the town should solicit homes in the Zone 2. Currently 2/3 of the 24 bedrooms are in Zone 2. Also...issue of financial assurances and O&M. Applicants agreed that welcome package to include maintenance O&M plan. BOH agreed if counsel concurs with BOH opinion that ZBA would give ongoing enforcement authority for BOH-related items, that BOH would be inclined to give approval. Written approval to be forthcoming:
VOTED: (Rosen/Bingham.)voted unanimously to provide sense of the BOH. That the BOH will support the granting of the ZBA permit pending receipt of satisfactory response from Wilber counsel; revised documents to accurately reflect explicit 2640 gpd flowing into facility ; health and safety issues ... enforcement authority of BOH.. Also, if positive test on VOCs...want to delineate what they are and do.
Charles Fayerweather...20 Chestnut St.....wants to be sure homeowners remain hooked up to system.
Chris Stephans, owner, and Misty McLaughlin, operator. Ms. McLaughlin has run other tanning locations in Franklin for past 6 years. Has done tech support in other locations. Tanning certification requires annual 8 hour class. All tanning beds are set to a timer from the front desk. Discussion of use of sanitizers for equipment. BOH restated should find the least toxic sanitizer. The BOH also suggested the use of paper towels instead of towels for cleaning the beds. To provide us with copy of building permit and information on sanitizer to be used prior of issuance of BOH license. Dr. Lapuck had reported that the facility was not yet ready for inspection....still under construction.
Animal Hearing: Elsa Eck
Michelle and Joshua Spewock of 8 Glenview St. were present. The Board reviewed a note from Ed Little recommending the Board allow no more than 4 chickens at this time. Mrs. Spewock stated that the dense neighborhood is not the place for chickens....houses too close together. ..odor and noise concern... waste removal concerns. Anne Bingham stated that the applicant should regularly rake areas and plastic bag chicken waste. Mrs. Eck noted she plans to move the (moveable) coop daily....except in winter. Anne Bingham said she wants an explicit plan for best management practices to insure that there are no noxious, injurious, nuisance odors. If there is a problem/complaint which is validated....... followup with animal inspector. Applicant’s responsibility to maintain odor-free. BOH
has authority to remove the permit.
Chicken tractor must be kept 50' from abutters/properties.
VOTED: (Rosen/Welch) unanimously to approve permit with conditions as enumerated. ... to have Ed Little inspect when ready prior to issuance of permit.
Meeting was adjourned at 9 PM.