BOS Minutes 03-20-08
SPECIAL JOINT MEETING
OF THE
BOARD OF SELECTMEN & BOARD OF HEALTH
MARCH 20, 2008
OF THE
BOARD OF SELECTMEN & BOARD OF HEALTH
MARCH 20, 2008
Members present: Veronica F. Beaulieu, Chairman
J. Duncan Albert, Vice Chairman
Steven J. Ouellette
Gary E. Mauk, Clerk
Also present: Michael J. Coughlin, Town Administrator
Absent: Robert P. Rebello
Ms. Beaulieu called the Board of Selectmen meeting to order at 5:30 P.M. in the Westport Town Hall, 816 Main Road, Westport, MA with the reciting of the Pledge of Allegiance by all present.
Executive Session – 5:30 P.M.
Motion made by Mr. Albert to enter into Executive Session pursuant to Massachusetts General Laws Chapter 39, Section 23B to discuss further a Police Grievance and to make a determination regarding the grievance. Second by Mr. Ouellette. The Board voted 4 in favor, 1-absent (Rebello).
Roll Call Vote: Mr. Albert-aye. Mr. Ouellette-aye. Mr. Mauk-aye. Ms. Beaulieu-aye.
Ms. Beaulieu announced that the Board of Selectmen would resume to Open Session following the Executive Session.
Open Session – 6:00 P.M.
Ms. Beaulieu stated this was a joint meeting with the Board of Health due to a memo sent to the Board of Selectmen regarding the permitting of trailers at East Beach. Ms. Beaulieu noted there has been prior discussions regarding East Beach, but this meeting tonight was not the meeting where the Selectmen would be having a discussion with the East Beach Trailer Association.
Sean Leach, James Walsh, Agent and John J. Colletti were present from the Board of Health. Mr. Leach stated Mr. Walsh has prepared a map for reference, noting the highlighted areas of all known tight tanks and a listing of what information the Board of Health has on them. Mr. Leach noted that tight tanks were conditionally permitted back in 1992. Mr. Leach stated the Board of Health has records of tight tanks, dating after Hurricane Bob. Mr. Leach noted that trailer applicants need to have maintenance checks every 5 years and a record of pumping. Mr. Leach stated that there are problems on the south side of the road. The goal of the Board of Health is to ensure what is existing, what is actually on the lot, how the tight tanks are placed on the lot and whether the tight tank complies with Title V. Mr. Leach said the April 4, 2007 storm caused a lot of damage and the Board of Health would like trailer owners with tight tanks to comply with all regulations and to meet Title V before the Board of Selectmen issue a trailer permit for the season. Mr. Leach said he has seen a number of issues, such as several trailers on one tight tank or sharing electricity; also noting that wells that have been installed without permits. Mr. Leach said the Board of Health was asking for compliance and the ability to meet Title V; which is no different than what is expected of everyone else in Town. Mr. Leach noted that a number of lots on East Beach no longer exist due to the storms. Mr. Leach said there was no reason for bacteria on the beach due to the constant change of tides. Should the bacteria count reach 100, the beach would have to be closed. Mr. Leach stated that there are two known valid septic systems still installed on East Beach.
Mr. Leach stated that in the permitting process, the applicant should go to the Board of Health first. The Board of Health will review all applications and take on the administrative part of the processing. Once the application has been reviewed and approved by the Board of Health, it will forward this approval to the Board of Selectmen in order for the trailer permit to be issued. Mr. Leach asked for cooperation between the Board of Health and the Board of Selectmen.
Ms. Beaulieu asked if she was correct in her understanding of Mr. Leach’s request; that is the Board of Health is seeking that the Board of Selectmen only issue a trailer permit after an okay is received from the Board of Health. The Board of Selectmen will not be involved with the permitting process until after the Board of Health approves the application and the Board of Health will assume all responsibility in dealing with the application.
Mr. Leach asked how a violation would be handled once a permit has been issued.
Ms. Beaulieu stated that the Board of Health would hold a revocation hearing and then a recommendation should be made to the Board of Selectmen for removal. The normal procedure is a complaint is received, an investigation is conducted, a hearing is scheduled, notification is sent out including notifying the Board of Selectmen, the hearing is held and a determination is made.
Ms. Beaulieu asked Mr. Leach how long applicants would have to wait before hearing from the Board of Health.
Mr. Leach stated that anyone with the proper paperwork should receive a letter of approval as soon as possible. As for self-contained trailers, there will be no problem because they do not need to be inspected; but tight tanks need to be inspected. Mr. Leach noted that a checklist would be sent out to guide the applicants. Mr. Leach also noted that the inspections were more structured at this time. Mr. Leach said that if a tight tank is permitted on a lot, and it has to be moved and can be properly sighted, it must also be able to meet Title V. Mr. Leach said that people want to do the right thing for the most part, especially in those attending this evening’s meeting.
Motion made by Mr. Albert that the Board of Selectmen would not issue any trailer permits until a Board of Health sign-off letter is received by the Selectmen’s Office. Second by Mr. Ouellette. The Board voted 4 in favor, 1-absent (Rebello).
Mr. Coughlin noted that there has been a lot of cooperation to date. In preparing for storms considering the number of lots, all emergency situations have been okay. There also have been a lot of improvements made to the area.
Motion made by Mr. Albert to adjourn the Board of Selectmen meeting at 7:30 P.M. Second by Mr. Ouellette. The Board voted 4 in favor, 1-absent (Rebello).
Adjournment.
Respectfully submitted,
Diane Pelland, Confidential Clerk
to the Board of Selectmen
APPROVED: Gary E. Mauk, Clerk
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