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Home My WebLink AboutDecision - 1049 SALEM STREET 1/23/2014 North Andover Board of Health Meeting Minutes Thursday —January 23, 201.4 7:00 p.m. 120 Main Street,2" Floor Selectmen's Meeting Room North Andover, MA 01845 Present: Thomas Trowbridge,Larry Fixler,Joseph McCarthy,Susan Sawyer,Michele Grant,Lisa Blackburn I. CALL TO ORDER The meeting was called to order at 7:05 pin. PLEDGE OF ALLEGIANCE PUBLIC HEARINGS IV. APPROVAL OF MINUTES Meeting minutes from December 19,2013 were presented for signature. MOTION was made by Mr.Fixler to approve the minutes.The motion was seconded by Mr.McCarthy. All were in favor and the minutes were approved. V. OLD BUSINESS V1. NEW BUSINESS A. 1049 Salem Street—Request for a variance by Bill Dufresne of Merrimack Engineering representing Jeffco Corp.The request is to allow a reduction in the distance from the soil absorption system, of an onsite septic system,to the bordering vegetative wetlands from 100 feet to 71 feet,This is a local variance to the Town of North Andover Subsurface Disposal Regulation;section 3.9,that requires a 100 foot separation.Mr.Dufresne presented to the Board the reasons for the variance request.A discussion ensued regarding the lot(1049 and 1053 Salem St.)which includes two existing homes that are going to be tom down and replaced by one new four bedroom home. The Board members reviewed the proposed septic plan.Mr.Dufresene stated that the plan was already approved by Conservation and Mrs. Sawyer confirmed that it was. The local upgrade on the plan has been reviewed and approved by the Health Director. Setback from S.A.S.to garage slab from 10't 5' and Setback from S.A.S.to foundation from 20'to 10'. MOTION was made by Mr. McCarthy to approve the variance presented for 1049 Salem St. as listed on the plan and Mr. Fixler seconded the motion.All were in favor to grant the variance according to the plan and local upgrades. B. Cynthia Sanborn,owner of Cow's Rock, located at 5 Johnson St.was given the opportunity by Susan Sawyer to attend the BOH meeting to discuss some of the violation items after receiving a Plan janus 23,2014 North Andover Board of Health Meeting Page I of 3 Board of Health Members: Thomas Trowbridge,DDS,MD,Chairman;Larry Fixler,Member/Clerk;Francis P.MacMillan, r., M.D.;Joseph McCarthy,Member; Edwin Pease,Member. Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Lisa Blackburn,Health Department Assistant Review disapproval letter from the Health Department(dated 1/22/14). Ms. Sanborn's concerns specifically included the Health Departments requirements of a new floor,hand sink and prep sink. Mrs. Sawyer stated that the Food Establishment Plan Review for Cow's Rock was received on 1/14/14. The applicant,Ms. Sanborn,had met with Mrs. Sawyer a week prior to submitting the Plan Review to work through some questions before the application was submitted.A disapproval letter was issued to Ms. Sanborn on 1/22/14.Mrs. Sawyer and Ms. Grant presented the Board members with applications from previous ice cream establishments to show that the same requirements have been made in the past.After reviewing the applications,Mr.McCarthy noticed the similarities of the same requirements given to other ice cream establishments in town. Corinne Willis,manager of Cow's Rock, spoke to the Board and stated she met with their architect regarding the flooring and he wanted to know how the Health Dept. can overrule the Building Dept. on allowable flooring.Ms.Willis wanted to be shown exactly where this is stated in the code book so she could show it to her architect.Ms. Grant pointed out that the Building Dept. and Health Dept.work by different codes, and the pertinent clause was indicated.A discussion ensued regarding types of flooring used in different types of businesses vs. restaurants.The Food Code clause on flooring puts emphasis on cleanliness and safety on allowed floor types.The applicant wants to keep the current floor in the food prep area and no documentation about the material has been provided.Ms.Willis stated that a new floor would be a huge expense and could possibly stop the plans of opening the store.Dr.Trowbridge stated that the Board looks out for public health and cannot approve changes solely because of an expense to a business owner.Ms.Willis stated that they are willing to work with the Board and do things properly however she needs to give clarification to the architect regarding the code.Ms. Sawyer again indicated that it is the obligation of the architect to provide documentation of the floor type.Mr.Fixler stated that since this is just the first review,the requirements should be worked out between the Health Dept. and the applicant and that there is nothing tonight for the Board to take action.Ms.Grant stated that the Health Dept.is there to guide the application through the process and make suggestions. Ms.Willis then questioned the placement of the hand sink and quoted a code regarding where a hand sink can be placed.Mrs. Sawyer explained the reasons for the hand sink placement and reviewed the proposed plan with the Board members showing where the sink needs to be placed. Applicants are encouraged to look at the big picture since most food establishment owners usually add additional items to their menu that would require a prep sink.Preparing for it in the build-out process prevents future expenses.The Health Dept.is consistent with all food establishments. The applicant disagreed about the requirement for a prep sink,since no food items will be prepared on- site.Ms. Sawyer pointed out that the initial design shows a coffee area which requires a prep sink. Again,since establishments are issued a food permit that allows all types of food,they should plan for future growth,rather than risk greater costs if retrofitting plumbing items. Mrs. Sawyer informed the Board that a TRC meeting was held in September 2013.It wasn't until December 2013 that a permit was requested for this business,however,no application was ever submitted up until then.Mrs. Sawyer explained the frustration on how much time had gone by from the TRC in September until the December permit request.Ms.Willis stated that they are not opposed to meeting with the Health Dept.to work things out.Ms. Grant reviewed the process for a building permit approval(U form).It is strongly suggested that an applicant doesn't start building until there is approval from all departments.Each department has their own codes that need to be followed.Mr. McCarthy stated that there was nothing presented for the BOH to vote on.Dr.Trowbridge stated that Cow's Rock architect is welcome to call the Health Dept.to get the answers to any questions he may have.Ms. Sanborn will call the Health Dept.to set up a time to work on the 1/22/14 disapproval letter. VII. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION A. Ms. Sawyer introduced Karen Farris who will be interning for the Health Department.Ms.Farris stated that she has been a resident of North Andover for 26 years and is working on her Masters in public Health degree. She is currently a 19 year employee of the Department of Public Health in the Radiation Control Program and the Supervisor of the X-ray and Mammography licensing program.Ms.Farris stated that she is required to do a 100 hr. internship as a requirement for her degree. She had previously done a 10 to 15 page term paper on Disparities in one of her classes which intrigued her. She stated that she wanted to do research within her own community to see if there were any disparities in North Andover. She narrowed the subject down to school aged immunizations. She wanted to see if there are any problems and what are the concerns and causes of children not receiving their immunizations during the elementary school years. She will be looking at the community health assessment tool kit along with records that are available without getting involved with HIPAA,talking to children or anything that would need parental permission. She will be working with the school nurses and the public health nurse to find out why immunizations aren't being done and what can be done to help.A discussion ensued regarding her experiences and why she is going for her Master's degree.Dr. North Andover Board of Health Meeting Minutes Thursday—January 23, 2014 7:00 p.m. 120 Main Street,2nd Floor Selectmen's Meeting Room North Andover, MA 01845 Trowbridge asked if she could provide us with a copy of the paper she wrote on Disparities. She will submit a copy for the Board. She is looking forward to her internship. B. Discussion of 2014 Mosquito Control—A discussion ensued on whether Jack Card from Northeast Mosquito Control is going to be present at the February BOH meeting.Dr.Trowbridge asked Mrs. Sawyer if Northeast Mosquito Control has a prepared presentation to give or any significant changes. If not,then it is not necessary for him to attend.Mr.McCarthy gave a reminder that requests to opt out of spraying need to be received by the town by March 1,2014(Mr.Fixler referred to chapter 333 CMR 13.03—Exclusions for Application).Mr.Card will be given the option to attend February's BOH meeting to give an informal presentation.The Health Department's website will have information and forms needed for opting out of spraying.Residents are encouraged to call the Health Dept.with any questions.Mr.McCarthy suggested perhaps there could be a Power Point presentation on Lyme Disease.Mrs. Sawyer stated that Deb Rillahan,public health nurse,is working on presenting information to the Board regarding Lyme Disease. C. A basic discussion on food poisoning and its effects will be discussed by Mr.Fixler at next month's February 27,2014 BOH meeting. VIII. CORRESPONDENCE/NEWSLETTERS IX. ADJOURNMENT MOTION made by Mr.McCarthy to adjourn the meeting.Mr.Fixler seconded the motion and all were in favor. The meeting was adjourned at 8:29 pm. Prepared by: Lisa Blackburn, Health Dept.Assistant Reviewed bv: All Board of Health Members&Susan Sawyer, Health Director Signed bv: Larry Fie er,_LIenlrk of the Board Date Signed Tanuary 23,2014 North Andover Board of Health Meeting Page 3 of 3 Board of Health Members: Thomas Trowbridge,DDS,MD,Chairman;Larry Fixler,Member/Clerk;Francis P.MacMillan,Jr., M.D.;Joseph McCarthy,Member; Edwin Pease,Member Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Lisa Blackburn,Health Department Assistant Commonwealth of Massachusetts —- City/Town of Local u Upgrade r 9 Form 9 DEP has provided this form for use by local Boards of Health if they choose to do so. The Local Upgrade Approval is to be completed by the local Board of Health and a signed copy provided to the system owner. A. Facility Information Important:When filling out forms 1. Facility Name and Address on the only the tab 1049 Salem Street RealtvTrust Residence c/o Jeffco Corp - — — _-- use only the tab ----- -- - ---- key to move your Name cursor-do not PO Box 802 _____—_—. — — --- ------ — use the return Street Address key. MA 01810— Andover ---.— ---- State Zip Code �� City/Town 2, Owner Name and Address (if different from above): ream ----------- ---- -- -- Name Street Address State — -- Zip Code Telephone Number 3. Type of Facility (check all that apply): ® Residential ❑ Institutional ❑ Commercial ❑ School 0 ------------- ---- 4. Design flow per 310 CMR 15.203: 44 44 ------ Vladimir Nemchenok — ® PE ❑ RS 5. Systern Designer: Name 66 Park Street Andover---- —.—._ MA 01810----- — Address City/Town State,ZIP B. Approval 1. Local Upgrade Approval is granted for: ® Reduction in setback(s)—specify: setback from s.a.s. to a foundation from 20 ft to 10 ft, setback from s.a.s. to a slab from 10 ft to 5 ft ❑ Reduction in SAS area of up to 25%: SAS size,sgft. °�o reduction 1049 Salem Street 9b 12.18.13•rev.7/06 Local Upgrade Approval* Page 1 of 2 Commonwealth of Massachusetts City/ D of Local Upgrade Approval Form 9B B. Approval (continued) El Reduction in separation between the SAS and high groundwater: Separation reduction � Percolation rate min�n� Depth togroundwater � Fl Relocation of water supply well (exp|oin): F� Reduction of 12-inch separation between inlet and outlet tees and high groundwater Z Use of only one deep hole in proposed disposal area E Use ofa sieve analysis asm substitute for operotest List local variances granted not requiring DEP approval per 310 CIVIR 15.412(4): reduction to reduce the setback from a I-each field from a wetland-from 100 feet to 50 feet List variances granted requiring DEPapproval: N. Andover Health D Approving Authority December 18, 2013 Susan Sawyer "/g n Date in or Type Name and Title a ure 1049 Salem Street 9b 12.18.13-rev.7/06 Local Upgrade Approvalo Page 2 of 2