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News/Events - Meeting Minutes

Board of Health
Meeting Minutes
April 4, 2011

PRESENT: were Chairman Russell Clark and members Frank Lynch and Michael Vazza. Also present was Secretary, Pam Mullin, Selectman, Shawn Harris, Mr. & Mrs. Burek and Stephen Bjorklund.

The Scituate Board of Health held a hearing on Monday, April 4, 2011 at the Scituate Town Hall located at 600 CJC Highway. The meeting was called to order at 7:00 p.m.

Motion by Frank Lynch to accept Agenda, seconded and approved unanimously.

7:00 p.m. 172 Glades Road/Nagle/continued

The following documents were presented prior to the 7:00 p.m. hearing. Letter dated April 4, 2011 addressed to Jennifer Sullivan, Director of Public Health and Committee Members – Subject – Drinking Well at 172 Glades Road. Copy of letter dated March 19, 2011 addressed to Jennifer Sullivan.

Mr. Vazza stated that there should be no discussion at all regarding this matter before the Board. The decision by the Board was made at the last meeting (Marsh 21, 2011) with Order.

Mr. Burek stated he had a telephone discussion with Jennifer Sullivan prior to the last meeting, but this information was never conveyed to the Board members prior to or during the meeting. Burek felt he was not prepared; he had no counsel or allowed any advocates to speak on his behalf at the March 21, 2011 meeting. He came prepared only to discuss his well at the meeting and never expected attorneys for Lot 2 to also be present. As his letter dated April 4, 2011 states, he would like a meeting be scheduled to discuss and reconsider the vote.

Mr. Lynch stated that if Mr. Burek had any concerns about representation that he should have raised this before the Board made its decision. He reminded Mr. Burek that as the hearing was ending he asked both parties whether they had anything more to offer and that Mr. Burek had affirmatively stated that he did not. Mr. Lynch stated that he was concerned that now, having lost, Mr. Burek was now saying he wanted legal representation. Mr. Lynch stated that he would always entertain a request for reconsideration if a party presented substantive material showing that a Board of Health decision was wrong if there was a good reason why the material had not been presented earlier.

Mr. Lynch gave a brief synopsis of his findings in his proposed six-page Memorandum of Decision and Order.

Mr. Clark stated “no vote for reconsideration of vote by any member” should take place tonight and asked, “are there any motions to reopen hearing?” No response from anyone.

Mr. Lynch motioned to adopt findings of six-page Memorandum of Decision and Order, seconded, and approved unanimously.

Motion by Frank Lynch to approve tobacco permit refund to Hennessey News for overpayment of permit, seconded and approved unanimously.

Motion by Mr. Lynch to adjourn meeting at 7:45 p.m., seconded and approved unanimously.

Respectfully submitted,

Pam Mullin
Administrative Assistant