Loading...
HomeMy WebLinkAbout2011-02-24 Board of Health Minutes North Andover Board of Health Meeting Minutes THIJI SI A , February 24, 2011 7:00 p.iu. 120 Main Street, 2nd Floor Selectmen's Meeting Room North Andover, MA 01845 Present: Thomas A.Trowbridge;Frank MacMillan;Larry Fixler; Susan Sawyer; Debra Rillahan;Pamela DelleChiaie L CALL TO ORDER IL PUBLIC HEARINGS III. APPROVAL OF MINUTES A. January 27,2011 Minutes to be presented for signature-the January meeting minutes were approved unanimously and signed by the clerk.. IV. OLD BUSINESS A. Food Regulation Promulgation This regulation has been thoroughly reviewed by the board members, and by the legal department. The board may decide to vote on and accept tonight. If accepted,a summary will be posted in the local paper. Motion Dr.MacMillan made a motion to accept the State Food Code CMR 590.000 as a local North Andover Regulation. Mr.Fixler seconded the motion. All were in favor. V. NEW BUSINESS A. 115 Sherwood Drive—Variance request to allow utilization of the basement space without the addition of a bedroom. Mr. Canellakis wishes to expand his basement to become a playroom for his children. However,this would then create a home with 10 rooms which would require the septic system to be expanded. This property currently has a septic system that is adequate for a 9 room house only. Therefore,Mr. Canellakis is asking to create a playroom for his children without necessitating a costly upgrade of the septic system. The basement build out will cost approximately$25,000,and he received a verbal quote of about$25,000 as well to expand the septic. Ms. Sawyer provided information on the property: this home was built in the year 2000 as a 4-bedroom, g- room home. The Title 5 formula is the number of rooms divided by two, and round up. This equals the number of rooms that the septic system must accommodate. The former Health Director, Sandra Starr, notated on the initial building permit that this property would not be allowed to expand the number of rooms unless the septic system is upgraded to accommodate the additional room(s). A variance is not given on the amount of bedrooms but on the total number of rooms. The actual use of the rooms is not evaluated. The main concern in terms of public health is any future use of the property if it changes hands to a new owner,who may use additional rooms to accommodate additional people, such as an in-law apartment,which would significantly impact the use of the septic system. Ms. Sawyer explained that upon review of every building permit application that has a septic system,the Health Department requires that the applicant have an up to date Title 5 report done to be sure that the septic system is working properly. February 24,2011 North Andover Board of Health Meeting—Meeting Minutes Page 1 of 7 Note: The Board of Health reserves the right to take items out of order and to discuss and/or vote on items that are not listed on the agenda. 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;Pamela DelleChiaie,Health Department Assistant Dr. MacMillan asked if the basement is below grade. It is below grade visually from the front,but the back has a walkout from the basement,so would be considered a habitable room. The homeowner states that no bathroom is going to be added in the build out. A discussion between the Board of Health members and the homeowner ensued,regarding the number of rooms,and the septic system that was planned and built for this property. Dr.Trowbridge noted that the homeowner has not presented any documentation of hardship to the Health Department to present his case for a variance. Dr.Trowbridge would like the homeowner to come to the Board of Health with alternatives to show the reasons why the project is cost prohibitive,or another reason. Mr. Fixler asked how much it would be to upgrade the septic system. The homeowner has not gotten an official written quote,but received an informal estimate from his contractor that priced an upgrade of the septic system at around$25,000. The homeowner states that the project of building out the basement is also$25,000, so his costs would double, and his budget was not planned for that. Dr. MacMillan asked what the build out would entail....dropped ceiling;walls;insulation;rugs, etc. Ms. Sawyer that a room needs to be at a minimum size of 7' x 10' to meet the building code. Mr. Fixler asked how often these types of requires come through. Ms. Sawyer stated that these types of requests come through to the Health Department on a weekly basis. Dr.Trowbridge cautioned the Board members about setting precedence by allowing this variance without valid proof of hardship to the current homeowner. If a deed restriction is placed on the property to allow no more than a certain amount of bedrooms,it places a negative value on the property for resale. Dr. Trowbridge again reiterated that he requires proper documentation be submitted by the homeowner to demonstrate hardship. Mr. Canellakis stated that he is not planning on spending any additional money on the septic system. Ms. Sawyer stated that a current Title 5 inspection is required with any building application on a property which maintains a septic system. The Title 5 report is a 13 point check-off system that provides a snapshot of the septic system as it currently works. Mr. Canellakis again stated that he has a budget for the build out and is not willing to spend additional monies to upgrade the septic system. Mr. Fixler sympathized with the homeowner;however he stated that the Board of Health has a duty to uphold the current state and local regulations under their purview. Dr. MacMillan feels that the criteria of the Title 5 code in this case are manifestly unjust. Dr.MacMillan quoted the criteria of Title 5, Section 15.410—Variances—Standard of Review: SUBPART E:PROCEDURES FOR SEEKING AND RECEIVING LOCAL UPGRADE APPROVALS AND VARIANCES FROM THE PROVISIONS OF SUBPARTS B AND C OF 310 CMR 15.000 (a) The person requesting a variance has established that enforcement of the provision of 310 CMR 15.0- 00 from which a variance is sought would be manifestly unjust,considering all the relevant facts and circumstances of the individual case; and (b) The person requesting a variance has established that a level of environmental protection that is least equivalent to that provided under 310 CMR 15.000 can be achieved without strict application for the provision of 310 CMR 15.000 from which a variance is sought. February 24,2011 North Andover Board of Health Meeting—Meeting Minutes Page 2 of 7 Note: The Board of Health reserves the right to take items out of order and to discuss and/or vote on items that are not listed on the agenda. Board of Health Members: Thomas Trowbridge,DDS,MD,Chairman;Larry Fixler,Member/Clerk;Francis P.MacMillan,Jr., M.D.;Joseph McCarthy,Member; Eduiin Pease,Member Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaie,Health Department Assistant Motion: Dr.Trowbridge asked that the homeowner of 115 Sherwood Drive,Mr.George Canellakis,who is seeking a variance request to allow utilization of the basement space without the addition of a bedroom,to submit an estimate of a septic system upgrade to document cost prohibition. The home owner also needs to submit a Title 5 Inspection to review the status of the system. Dr.Trowbridge asked that we continue this item until the next Board of Health meeting. Ms.Sawyer noted that the homeowner may choose to have a voluntary Title 5 report to give him an idea of how to proceed further. B. Recreational Camp—Stop It Goaltending Program(Ice Hockey)—to be held at Merrimack College-request for a variance Mr. Brian Daccord presented about himself and company history. He has lived at 171 Weyland Circle, North Andover,for the last 15 years. He was the goaltending coach for Boston Bruins for several years,as well as Brooks School, and some other locations. This summer,the summer programs will be in North Andover at Merrimack College. Some programs will be 5 days,which classifies it as a camp. This is a goalie camp,so for every two goalies,there is one instructor on the ice with them. For the older kids,there is one instructor for every three students. In addition to instructors,there are shooters. There is a coach/instructor at each station. They have a database of all the contact information,such as who shoots when,and at what time. There are a lot of moving parts,and a lot of different shooters. Mr. Daccord referred to the regulations,his request letter,and his schedule. He noted that John Cravet schedules the shooters,and speaks with different schools and coaches. Mr. Fixler asked if Mr. Daccord could explain his exact request. Mr.Daccord asked if there could be an exemption to circumvent CORI/SORI's requirement for the shooters,as it would be a lengthy and cumbersome task. Mr.Daccord stated that the only contact the shooters have with the children is on the ice, and there is always a station instructor present. Goalies are on the ice for 25 minutes before the shooters even come in. This camp is primarily for the high school aged child. The incentive of the shooter is to have ice time. Mr.Fixler asked about background checks on shooters. Mr.Daccord noted that this would add an enormous amount of work for his staff. Ms. Rillahan noted that one or more persons in a supervisory role who has had a CORI/SORI check should be in the locker room at all times to supervise the changing areas and bathrooms. Mr.Daccord explained that the goalies go on the ice for 25 minutes,and the shooters then come into the building while the others are on the ice. Then instructor then goes to get the shooters. Ms. Rillahan stated that this is not the case after the practices or ice time,when a mix of people could be in the locker room at the same time. Ms. Rillahan stated that the requirement for the CORI/SORI checks is in the regulations,including state and local,that all instructors or volunteers having contact with campers are to receive CORI/SORI checks. Dr.Trowbridge requested that there be a submission of protocol by the camp operator to ensure the protection of the campers. It was left with Mr.Daccord to establish an alternative protocol and submit it to the Health Department for review. The Board of Health does retain the right to allow variances in extenuating circumstances,but the safety of the campers is of the utmost important,and the board members need to be sure that a strict policy is in place before granting any such request. February 24,2011 North Andover Board of Health Meeting—Meeting Minutes Page 3 of 7 Note: The Board of Health reserves the right to take items out of order and to discuss and/or vote on items that are not listed on the agenda. Board of Health Members: Thomas Trowbridge,DDS,MD,Chairman;Larry Fixler,Member/Clerk;Francis P.MacMillan,Jr., M.D.;Joseph McCarthy,Member; Eduiin Pease,Member Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaie,Health Department Assistant Post-note: Correspondence was received post meeting from Mr. Daccord,negating the request for a variance: From:Brian Daccord f mailto:briang.stopitgoaltending coml Sent: Saturday,February 26,20119:59 AM To: Sawyer, Susan Subject: RE:Variance request,February BOH Meeting Susan, Thank you for allowing me to present to the BOH on Thursday. I am disappointed that I did not do a better job explaining why I was asking for a variance.I really appreciate the boards' attention and comments. That being said I will no longer be seeking a variance and will undertake collecting all the documentation requirements for my shooters. It will be a lot of additional work in preparation for the summer but in the end will allow us to be in 100%compliance with state camp regulations which will be a great way to start our first summer in North Andover. Thanks again and I look forward to working with you and Debra Rillahan. Brian C. 1503 Osgood Street/Orchard Hill Drive-to discuss BOH consideration of voiding the subsurface disposal plan approval. Dr.Trowbridge noted the violation letter of the ongoing construction project by Hera Development Company at this site. Mr. Gary Hendren, —Project Architect of Hendren Associates presented—he states he has a written response from Ben Osgood,Engineer,tonight. The project began in October of 2010,with the ultimate goal of building a strip of buildings. The contractors had to add in 12 feet of fill,which was indicated on site plans shown to the Board of Health members. The platform was extended to put a building on this site. The fill was brought in December of 2010. There were then a series of storms,and up to the present,there has been no activity on the site,other than snow removal after the first two storms. Mr. Hendren then stated that the construction will be a pre-fabricated metal building. There was a postponed delivery of steel for 3-4 weeks, and the factory could not hold the steel any longer. As a result, the company had to accept delivery, and the steel was delivered, and is presently sitting on top of pallets at the site. There were approximately six tractor trailer deliveries to the site. There is a steep slope on one side,and a path was cleared to where the items were delivered. They did have to run equipment across the site to push things off to the side. The contractor was asked by Ms. Sawyer to stake off the area,and put tape up. He stated that eventually they would have to run over that area to construct the buildings. Ultimately,there will be a parking lot over the septic system. Mr. Osgood stated in his correspondence that this is an H2O system. This type of system is specifically designed to have trucks and equipment able to drive on top of it. With the snow and storage issues,Mr. Hendren stated that they could not avoid going over that area. Mr. Hendron issued a copy of an e-mail sent by Mr. Osgood today re: 1503 Osgood Street. Mr. Osgood will be the fourth inspector of this site. Hera Development did not extend Mr. Osgood's contract from October until now, and the contract with him was just signed today to have him inspect the system. This February 24,2011 North Andover Board of Health Meeting—Meeting Minutes Page 4 of 7 Note: The Board of Health reserves the right to take items out of order and to discuss and/or vote on items that are not listed on the agenda. Board of Health Members: Thomas Trowbridge,DDS,MD,Chairman;Larry Fixler,Member/Clerk;Francis P.MacMillan,Jr., M.D.;Joseph McCarthy,Member; Eduiin Pease,Member Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaie,Health Department Assistant will be a finished area with asphalt. This includes the cover and the fill,and any surface weight is disbursed more evenly. Ms. Sawyer stated that we need to go back to the approval letter,and address what is happening now. She is reacting to now to what has happened. She would have liked to have received Mr. Osgood's letter last October. The option is to void the approved plan,and have a new system designed,or keep the existing plan and implement modifications to insure the proper functioning of the septic system. Mr.Hendron stated that the new bank is going to be installed,and a new manifold. They are not going to turn the septic system off that is currently servicing the gas station,to do work that is needed at this new site. He does not feel that the system is in danger. There is currently about 20 inches of frost at the site. Ms. Sawyer stated that if the septic plan is going to stay intact,there are certain things that need to be done as previously stated in the letters. Dr.MacMillan referred to Ms. Sawyer's recommendation list. Hera Development was asked to respond and come to the meeting,which they ultimately did,but did not respond before this time. If Hera Development had responded satisfactorily 10 days before the meeting, they would not have had to appear at the meeting. As a result,Mr. Osgood was hired today, as a last ditch effort to respond to the requests of the Health Department. Mr.Hendron noted that if the system was damaged,the gas station would have lodged complaints that the system was not working. Mr.Hendron stated that the system is built to hold the weight of trucks, etc. Ms. Sawyer stated that the system is not just about replacing pipes now. The septic person needs to be involved now to assess the needs of the system,and what has been driven over the system. Ms. Sawyer states that either the system plan needs to be voided or continued. To date,there have been no monetary checks received to replace the checks that were returned for insufficient funds in order to cover the expenses of soil testing last July,or subsequent plan review by the Health Department. Mr. Hendron stated that he became aware of the situation three weeks ago upon receiving the February 41h letter. Mr. Hendron stated that a response needs to be made so that they can proceed with their work. Motion Dr.MacMillan made a motion to void the subsurface plan approved on September 8,2010 at 1503 Osgood Street. In addition, all outstanding and new fees are to be received and paid in full before any review process proceeds. After this happens,there will be a question as to whether the adding of the system will be allowed,or if a brand new system will need to be installed. Ms.Sawyer stated that this can be handled with an in office review. The motion was seconded by Mr.Fixler. All were in favor. VI. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION A. Pesticide Application Exclusion Application-resident deadline of March 31st for the 2011 opt out option This information was summarized by Dr.Trowbridge. Dr.Trowbridge noted to read the every other Sunday article-"For the Health of It." This would be a good human interest story to write about. The information is currently posted on the website. February 24,2011 North Andover Board of Health Meeting-Meeting Minutes Page 5 of 7 Note: The Board of Health reserves the right to take items out of order and to discuss and/or vote on items that are not listed on the agenda. 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;Pamela DelleChiaie,Health Department Assistant Ms. Sawyer noted that this is a new year,and the Board of Health may decide to make different protocols or mandates. We need to extend the deadline for public response to April V,as March V,is fast approaching. We were only notified of it on Feb. 141h. Motion Dr.MacMillan made a motion to extend the Pesticide Application Exclusion deadline from March 1" to April 1"to allow for appropriate notification to the public and from the public. The motion was seconded by Mr.Fixler. All were in favor. B. Take Back Drug Program Ms. Rillahan spoke briefly about the program and how it works. Many other communities have been calling about it. The Kiosk is to be located in the Police Department lobby,but the decals,etc. are not in yet. There needs to be some kind of media coverage, such as at next Board of Health Meeting on March 24th when we will be at the Police Department. Dr.Trowbridge asked about OTC medicines and if those can be disposed of—yes. Ms. Rillahan stated that she gets at least one call per week about what to do with medicine. The Police will dispose of medications when they dispose of their evidence. There is no cost,other than the initial cost of the Kiosk. Ms.Rillahan states that we have the sharps kiosk at CVS,and now medical disposal at the Police Department. VII. CORRESPONDENCE/NEWSLETTERS A. Dr.Trowbridge announced that the next meeting will be held at the Police Department conference room. If board members approve of this as an appropriate meeting room that will fit our needs,all future board of health meetings will be held at this location. B. TBI monitoring program—discussed that the RFP was sent out....a notice was sent out to about 15 vendors to solicit a response for the RFP. The deadline is March 3rd. Dr.Trowbridge noted that a notice of the posting went to Mr. William Thomson of TBI as well. C. Next BOH meeting agenda items—a representative from the Greater River Valley Medical Reserve Corps(GRV MRC)will attend,and our new food consultants will be introduced. In addition,we will be handing out emergency response kits that are to be put together for use by the Board of Health members and to the staff so that they have the proper items needed when called out by emergency responders. It was asked about the incentive to putting food inspections online now that we are going all digital with the handhelds. Would it be beneficial or punitive for the food establishments? For the April meeting,we should have Jack Card of the Northeast Mosquito Control attend. Ms.Rillahan stated that we have to do a stand up emergency drill by March 31". Merrimack College is off for a week in March,and she suggests doing the drill then. Ms. Sawyer stated that Ray Santilli,Assistant Town Manager stated that the Town is looking to"re-badge" everyone. This will be good for staff and Board members to have proper identification when arriving at emergency sites. February 24,2011 North Andover Board of Health Meeting—Meeting Minutes Page 6 of 7 Note: The Board of Health reserves the right to take items out of order and to discuss and/or vote on items that are not listed on the agenda. 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;Pamela DelleChiaie,Health Department Assistant VIII. ADJOURNMENT The meeting was adjourned at 10:00 p.m. Reviewed by: All Board of Health Members&Susan Sawyer, Health Director Signed by: March 24, 2011 Larry Fixler, Clerk of the Board Date Signed February 24,2011 North Andover Board of Health Meeting-Meeting Minutes Page 7 of 7 Note: The Board of Health reserves the right to take items out of order and to discuss and/or vote on items that are not listed on the agenda. 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;Pamela DelleChiaie,Health Department Assistant