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HomeMy WebLinkAbout2016-12-22 Board of Health Minutes North Andover Board of Health Meeting Y s Tliursday December' Main Street,2 nd Floor Selectmen's Meeting Room North Andover, MA O1845 Present.- Thomas Trowbridge,Frank Macmillan Jr.,Joseph McCarthy,Brian LaGrasse,Michele Grant,Lisa Hadge,Town Council Suzanne Egan t, CALL TO ORDER The meeting was called to order at 7:oo pm. 11. PLEDGE OF ALLEGIANCE Ill. PUBLIC.HEARINGS A., 12 Royal Crest Apt. Ashton.Law Office,representatives of Airneo North Andover LL C, requesting a hearing to appeal a violation order letter issued on 10/26/16. Representatives present for Ai .00 were Attorney Lonna.Ashton,Ashton Law;Bryan Nicholas,. Regional Property Manager for Airneo; Kenneth Lania, engineer for Cornerstone Land Consultants. Mr. LaGrasse gave a synopsis regarding the Royal Crest Public Hearing appeal regarding 12 Royal "rest Apt.4. Mr.LaGrasse stated that since chronic dampness is an ongoing problem at Royal Crest, the wording in the order letter is appropriate, This apartment has had complaints dating back to 1 regarding dampness issues.A discussion ensued regarding the soil testing performed on building 12.. The water table is extremely high in this area and adjacent to the building. Royal Crest was built on wetlands.Mr. LaGrasse recommended keeping the order letter as issued and not to modify it.Mr. Nicholas felt that the wording chronic dampness should not apply in this situation.Aimco does intend to perform the work on the e order letter however,would like the wording of chronic dampness removed. and would like to commence work when the winter weather ends. Weather is a primary concern as far as digging up the ground.Residents would be affected. Mr.Nicholas gave reasons why digging during the minter months would not be preferable.He asked to extend the work until the springtime. Once the work on buil.di.ng 12 and building 16 has been performed, 32 of the 50 buildings will have been worked on.Mr. McCarthy understood the desire to postpone the work however he had a problem with removing the wording of chronic dampness. ]fir.Nicholas stated that if there were no other water issues in building 12,why use the word"chronic"?. He stated that he felt it doesn't apply.A discussion. ensued regarding the history of Loyal Crest and the water table. Mr. LaGrasse referred to prig complaints in this building,the Minimum Standards for Fitness for human Habitation code and stated. that it does meet the de coition for chronic dampness. Mr. LaGrasse stated he mould like the work that needs to be done completed as soon as possible.Waiting to complete the work could further subject apartments to additional flooding. Mr.Nicholas stated that if the work could be postponed until winter is over,he would provide the Board with a signed contract shoving the work will be done.A. discussion ensued regarding getting the signed contract and the extensions that were already previously requested. Mr.Nicholas reviewed the work that has been done to date and what buildings have been done so far.The larger plan is to do all the buildings but it takes time and there is no exact time line on 2016 North Andover Board of;health Meetincr Page 1 of 3 Board of Health.Members; Thomas Trowbridge,DDS,Mrs,Cha rman�Larry Fixl r,Member/Clerk;Francs P.MacMillan,Jr., M.D.-Joseph McCarthy,Member; Edwin Pease,Member Health DQ,artm nt Staff-Bran LaGrasse,Health Dire tort Debra Rillahan,Public Health Nurse;Michele -rant,Public.Health Inspector;tor;Lisa Had ,Health Department Assistant when work will be completed. Royal Crest is trying to prioritize the work that needs to be completed. Mr.Nicholas reiterated that the request before the Board is to remove the wording of chronic dampness from the order letter and postpone the work that needs to be done until better weather.A discussion ensued regarding the word chronic dampness.Attorney Ashton gave her interpretation on the wording of chronic dampness.Dr. Trowbridge stated that the term comes directly from the state code.Attorney Ashton stated that Royal Crest wants to work with the Town and the work will be done. Complaints are taken seriously and Royal Crest will continue to do the work in the most productive way.To date there is no further complaints regarding building 12. MOTION made by Mr. McCarthy to leave the word chronic in the order letter.Motion seconded by Dr.McMillan.All were in favor and the motion was approved. MOTION made Mr.McCarthy for a timeline of remediation for work on building 12. Discussion. Mr. Lania, Cornerstone Land Consultants,representing Aimco/Royal Crest Estates,was asked about the logistics to do construction in the winter time.Mr.Lania explained that the application of the waterproofing to the foundation is the most important part of the project.Although excavating is not easy due to frost,it can be done. Applying the water based membrane would be an issue.A discussion ensued on what would need to be done in order to do the applying of the water based membrane in the cold weather. Mr. Lania stated that April I5t is a more realistic date to do the work.A discussion ensued regarding current soil testing,the water table, infiltration of water into the foundation and the cost of doing the work in the winter time. If water was present and work needed to be performed,the tenants on the lower level of building 12 could be moved to an alternative apartment. Mr.Nicholas stated that residents are a priority.Mr.LaGrasse asked Mr.Lania what the time line would be to complete work on a building.Mr. Lania stated usually 4 to 6 weeks.Mr.LaGrasse suggested that Aimco/Royal Crest should notify their residents via certified mail,letting them know about the foundation work that would be done in the spring. If mold issues or chronic dampness issues became present,management would find a suitable apartment on a different level provided to the tenant at the same rate. Mr.Nicholas stated that if there is water infiltration or moisture issues,tenants should let management know so the issue could be addressed and the tenant could be moved temporarily into another vacant apartment.Mr.LaGrasse stated that this applies to Buildings 12 and 16,the eight ground floor apartments.Attorney Ashton suggested sticking to the wording of water infiltration or moisture as stated in the order letter and not use the wording of mold in the letters that will go out to the tenants. They would like the work to be taken care of when it first happens and not let it get to the mold level.Dr. Trowbridge stated that they would use the violation as stated which indicates water infiltration and chronic dampness.A discussion ensued regarding the state sanitary code and the definition of chronic dampness. Dr.McMillan revised the motion stating that the order letter for building 12 be modified to the four basement apartment tenants being notified by certified mail that the foundation work will be moved to the spring and for them to notify management if there is any sign of chronic dampness as defined in the state sanitary code. Suitable replacement apartments will be made available at the same rate for the relocation.Motion seconded by Mr.McCarthy.All were in favor and the amended motion was approved. Mr.McCarty revised the motion regarding the work being moved to the spring stating that the issue will be determined by the Health Department staff and engineering for Aimco as to a reasonable start date. Dr.McMillan seconded the amended motion.All were in favor and the amended motion was approved. B. 16 Royal Crest Apt.3-Ashton Law Office,representatives of Aimco North Andover LLC, requesting a hearing to appeal a violation order letter issued on 1 1116116. MOTION made by Dr.McMillan to apply the same motion to Building 16 that was applied to Building 12 as far as the delay of construction is concerned.Motion seconded by Mr.McCarthy.All were in favor and the motion was approved. IV. APPROVAL OF MINUTES Meeting minutes from October 27,2016 were presented for signature. Motion was made by Mr.McCarthy to approve the minutes,the motion was seconded by Dr. MacMillan.All were in favor and the minutes were approved. North Andover Board of Health Meeting Minutes Thursday— December 22,201.6 71:00 p.m. nd 120 Main Stree., Floor Selectmen's Meeting Room North Andover, MA 01845 V. OLD BUSINESS V1. NEW BUSINESS Vil. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION Mr. McCarthy led a discussion on the legal use of recreational marijuana for those over 21 years of age. V111. CORRESPONDENCE/NEWSLETTERS ix. ADJOURNMENT MOTION made by I r. MacMillan to adjourn the meeting. Mr.McCarthy seconded the motion and all were in favor. The meeting was adj ourned at 8 25 pm. Prepared by.- Lisa Hadge, Health Dept. Assistant Reviewed by: All Board oj'Health Members&Brian LaGrasse, Health Director &gned by: Larry.�Kfetl, C k of dfRoad Date Signed 2016 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,fir., M.D.;Joseph McCarthy,Member; Edwin Pease,Member Health Department Staff-,Brian LaGrasse,Health Director,Debra Rillahan,Public Health Nurse-Michele Gram,Public Health Inspector-Lisa Hadcre Health Department Assistant