Minutes of Meeting
June 23, 2008
A meeting of the Sharon Board of Health was called to order on June 23, 2008 at 7:30 PM, in the Sharon Town Office Building, with the following members in attendance: Stanley Rosen, Chair, Edward Welch, Vice-Chair, Anne Bingham, Jay Schwab, and Suzi Peck.
Jason Korb of Beacon Communities, along with Josh Cohen who will be taking over Jason’s responsibilities by mid-July, Carlos Quintal, Engineer, and Mark Beaudry of Meridian Associates were present to review the draft ZBA decision...incorporating prior comments of BOH and Town Counsel.
The following suggestions were made by Board members and agreed to by Beacon Communities (pending approval of their attorney): Section S from page 8 to be moved to top of page 6 to enforce that Sharon BOH has the right to enforce provisions of Article 7; Removal of the section “provided the Sharon BOH complies with the following procedure” .change page 6 a: strike made available....and, after the word utilized, add “to connect existing flow”. To add to findings that the site is upgradient to one of the town’s most productive drinking water wells; therefore proper operation and functioning of the treatment plant is of the utmost importance. The applicants agreed to send copies of all monitoring and financial reports sent to DEP to BOH as well.
Jay Schwab noted that he had reviewed with Jason Korb all the financial assurance requirements and found them to be appropriate and satisfactory.
Suzi Peck expressed concerns that leak detection is not planned; the engineer explained that this would be difficult to accomplish. He did suggest, and board members and applicant agreed, that a camera inspection every 5 years would be added to the O&M plan.
Suzi Peck expressed concern about connecting the 2640 gallons per day from existing residences. Board members and applicant stated this is not the applicant’s responsibility, but is in Selectmen’s purview. Anne Bingham noted that the Board’s level of comfort with issuing variances on this project was because there would be a net environmental benefit if the additional flow from existing residences were added to the treatment system. Jason Korb asked that the BOH not hold up the process....but that both BOH and ZBA can encourage Selectmen in this regard. Suzi Peck emphasized the need for some mechanism..whereby occupancy cannot be completed until sufficient equivalent flow....to offset the nitrates. Ed Welch said this will take time....flow will be increasing over a period of time...all
residents will not move in at once. Anne Bingham asked that the BOH notify BOS that our reason for not hassling about variances was nitrogen reduction and that the BOH wants some commitment that 2640 gpd will come out of residential septic systems within 24-36 months of the plant coming online
The fallback position for the town is to connect the Town Hall and Fire Department if not enough residences wishing to sign on to provide the 2640 gpd to offset the nitrate issue. . (This flow would constitute 50% of the required gpd). Suzi Peck stated that the ZBA needs to be made aware that the Town needs to provide some mechanism to be sure there is sufficient existing flow going into the system.
Jason Korb stated that he hopes the ZBA will execute the decision Wednesday evening (6/25)...and expressed concern that any additional request from the BOH would postpone the decision., which would affect their financing. He asked that the BOH notify the ZBA that they should not hold up the permit for this reason...which is not under the applicant’s control. He stated that the agreed-upon changes to the draft
decision would be made Tuesday (6/24) and re-sent to Town Counsel and BOH.
And notify ZBA that they should not hold up the permit for this reason.
VOTED: (Rosen/Bingham) unanimously to sent a notice to the ZBA along the following lines:
The BOH has met with applicants several times...they have been responsive to BOH concerns....and BOH is in agreement with draft decision and supports a favorable vote by the ZBA. In addition, should any request for additional variances from Article 7 be presented in regards to this project, the BOH wishes to be advised and given an opportunity to participate in the project.
Suzi Peck also asked that the BOH draft a letter to the BOS and ZBA re issue of the 2640 gpd. She suggested stating that the reasons the variances were acceptable was because of the promise of net reduction of wastewater to the well. The connection of 2640 gpd has to happen. BOH is concerned that there is no legal mechanism to require this happens. Ed Welch stated that, if the BOH were to send such a letter, the ZBA will have to deal with this issue and, therefore, delay issuance of the decision. He suggested telling the BOS since it is in their jurisdiction to make sure this happens.
The Board took a straw vote on this: Anne Bingham, Stan Rosen, Ed Welch, and Jay Schwab were in favor of sending a letter to the BOS with a cc to the ZBA. Suzi Peck stated that the only hope (for enacting this) is to request the ZBA deal with the issue...although separate from the permit issuance. Jason Korb reemphasized that any arrangement disallowing occupancy of the building (pending the addition of the 2640 gpd) would kill financing.
VOTED: (Bingham/Rosen) Bingham, Rosen, Schwab, and Welch voted in favor; Peck opposed: to send a letter to the BOS with a cc to ZBA regarding the importance of the connection of 2640 gpd. The letter will advise the BOS that the BOH is recommending to ZBA the approval of the project. Emphasize that the risk to public health of the placement of the wastewater treatment plant was to be offset by the net reduction of wastewater to the wells, i.e., by connection of 2640 existing flow. Over course of deliberations with Beacon it appears there is no binding mechanism to make this happen. Without these connections the Wilber school will be a net stress on the well. We need to be sure a mechanism is developed to make this happen within 24-36 months of the plant going online. Appreciate the BOS
efforts; the highest priority should be to attach homes in or near Zone II of the well. BOH is available to discuss this issue with BOS in an expedited fashion so that our concerns about this will be ameliorated..
Vote on Health Agent for Sanitary Inspections and Enforcement:
VOTED: (Rosen/Bingham)unanimously to appoint Jack Lapuck to the position of Health Agent for Sanitary Inspections and Enforcement for a term of one year beginning July 1st. It was agreed that Stan Rosen and/or Jay Schwab will speak to Dr. Lapuck and let him know that the town’s needs will be growing in the near future...and that, therefore, this will be his last year in the position.
The meeting was adjourned at 8:50 P.M.