HomeMy WebLinkAbout2011-03-24 Board of Health Minutes North Andover Board of Health
Meeting Minutes
,rH U SDA , March 24, 2011
7:00 p.m.
1475 Osgood Street—North Andover Police Department
North Andover,MA 01845
Present:Thomas Trowbridge,Larry Fixler,Edwin Pease,Joe McCarthy,Susan Sawyer,Pamela DelleChiaie
AGENDA
I. CALL TO ORDER
II. PUBLIC HEARINGS
III. APPROVAL OF MINUTES
A. February 24,2011 Meeting Minutes to be presented for signature
IV. OLD BUSINESS
A. 115 Sherwood Drive—request of homeowner,Mr. George Canellakis,to appear before the North
Andover Board of Health to continue a discussion of the deed restriction request for the 115 Sherwood
Drive property.
Mr. Canellakis discussed his proposal from the Neve-Morin group. He wishes to explain to the Board how
the fees presented will represent a financial hardship. The Neve-Morin group can provide estimates of
septic upgrade or replacement which are extremely expensive. Neve Morin Consultants provided cost
estimates that would have to be spent to obtain an estimate in the first place. Mr. Canellakis feels that the
costs indicated would be an unnecessary and a burden.
Dr. Canellakis also again presented his request for a variance to a deed restriction. He stated that
recommendations were made to him by the Board of Health to obtain cost estimates for modification as
needed to the septic system. Mr. Canellakis would like to only modify the deed restriction. His ambition
is only to vary the deed restriction itself. Mr. Canellakis would like the Board of Health to allow a
modification of the deed restriction on the property,and to have the approval to file it with the registry of
deeds.
Ms.Sawyer noted that Mr.Canellakis is incorrect in assuming that there is a currently a deed restriction on
the property. Ms.Sawyer believes that Mr. Canellakis is merely referencing a side note on a prior Form U
Building Application which indicated the size of the house and capacity of the septic system.
The paperwork provided from Neve Morin Consultants was reviewed and discussed by the Board
members.
Mr. Fixler noted that the proposal from Neve Morin to Mr. Canellakis is merely a cafeteria type menu of
possible costs to Mr.Canellakis if he chooses to proceed and contract with Neve Morin to obtain an official
estimate of work,which would consist of reviewing the plans and current system. Mr. Canellakis is not
willing to pay for these costs,instead outlining the possible costs incurred as shown on the proposal.
March 24,2011 North Andover Board of Health Meeting—Meeting Minutes Page 1 of 6
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
Mr. Canellakis again asserted that he is simply asking for a deed restriction to limit future usage of his
property without having to add on to his current septic system,which is currently at full capacity per Title
5 code. He stated that the Board of Health has the power to override the Title 5 regulation, and would like
them to do this. Therefore,no additional plumbing could be added to the basement area without expanding
the septic system.
Mr. Canellakis stated that he would like to submit his own deed restriction without having to hire someone
to draft it.
Mr. Fixler stated that based on the Title 5 regulation,the Board of Health must uphold the guidelines of the
regulation.
Mr. Canellakis states that he does not understand how to present his hardship to the Board of Health. When
he spoke with Neve Morin,they told him they have done deed restrictions in the past.
Ms. Sawyer brought the Board back to the point of looking at what they asked for from the homeowner at
the last meeting,which was to receive a Title 5,or present a letter of hardship, explaining what that would
be, such as confirmation as to why this is a unique situation.
Mr. McCarthy asked about possibility of tying into sewer. The system is designed for 9 rooms.
Ms. Sawyer, explained the Title 5 code to the Board members. Part of the reasoning of the code is to allow
for the possibility of 2 persons per bedroom on any property with a septic system. It is a calculation that is
provided by Title 5.
Ms. Sawyer stated that a deed restriction would be allowed if there is valid proof of hardship. In lieu of it,
this, a homeowner may request that they file a deed restriction on the property to make it no more than a 4-
bedroom house.
Mr. Fixler noted that the Board of Health deals with these requests on a regular basis. He stated that if Mr.
Canellakis were to sell his home,potential homebuyers may not purchase it with a deed restriction on the
property, and it makes the new owner responsible to upgrade the septic system if they wish to expand the
footprint of the home. Therefore,if there is a deed restriction on the house now,it may be difficult to sell
it.
Ms. Sawyer states that this system at 115 Sherwood drive is a standard septic system with stone and gravel,
and not a pump system.
Mr.Fixler stated that the homeowner needs to have a Title 5 Report done, and hire an engineer,which may
run approximately$2,000.
Mr. Canellakis stated that the cost for an inspection will be between$18-$25,000.
Dr. Trowbridge, stated that if Mr. Canellakis is willing to accept a deed restriction,he does not have to
spend the money to do the survey, etc.
Mr. Fixler noted that the Board of Health needs to be careful about allowing a precedence of"hardship."
Dr. Trowbridge may be swayed to allow the deed restriction based on the indication by Neve Morin that
there would be a significant cost involved.
March 24,2011 North Andover Board of Health Meeting—Meeting Minutes Page 2 of 6
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 suggested that the Board of Health may choose to set a precedence by allowing a deed
restriction if the additional room proposed is already part of the original footprint of the house, such as a
basement, and the homeowner is requesting to finish it.
Dr. Trowbridge requested that Mr. Canellakis proceed with item number 3 as listed on the proposal, and
conduct a Title 5 Report.
Motion
Mr.Pease made a motion to state that the Board of Health will consider supporting the requested
action pending receipt of a written,professional industry opinion that the only alternative to modify
the system is to completely redo the system,as well as a passing Title 5 report.It was further
discussed by the Board Members that the letter from an industry professional as noted,needs to be
directly addressed to the Board of Health rather than from a company to a customer for a schedule
of services,which would indicate that there cannot be a modification to the current system,and that
a completely new system would need to be installed in order to comply with a Title 5 upgrade. Mr.
McCarthy seconded the motion.
V. NEW BUSINESS
A. GRV MRC—Greater River Valley Medical Reserve Cor2s—Mr. David Nichols will present
information on this organization to the Board of Health members
Mr. David Nichols presented a brochure on the Greater River Valley Medical Reserve Corps. Andover is
the host community handling the money, and he works with the 7 communities that makeup the group.
After September 11,2001 many people came forward wanting to help with disaster situations. There was
no program in place to register people to know who they were. This situation was the catalyst for the
creation of the Citizens Core.
Using the GRVMRC database,Mr.Nichols now has the power to access registered volunteers to request
their help. This allows pre-credentialing of volunteers who want to help through the medical reserve corps.
The group offers free training, such as CPR. There are three basic emergencies—flu clinics,which can be
advertised with advanced notice;flooding,which can put volunteers on pre-alert status, and something such
as a widespread fire for which immediate assistance is needed.
If the GRVMRC needs help suddenly,they now have access to a database of volunteers with varying skills
who are credentialed to assist in various capacities in a variety of emergency situations.
There are about 450 MRC's around Massachusetts. There can be incident command training,behavioral
health training, etc.
Dr. Trowbridge spoke about past Incident Command training which was completed by Board Members and
public health staff. The seven communities of the Greater Merrimack Valley Medical Reserve Corps are:
Andover,North Andover, Lawrence,Lynnfield,Methuen,Reading,North Reading. The ideal is that a lot
of people will register as volunteers to allow the most available people to help.
Ms. Sawyer noted that a lot of lessons were learned,through such events as,Hurricane Katrina,local
flooding, etc. The one thing that did bother her,was that the residents are trusting that we are sending
March 24,2011 North Andover Board of Health Meeting—Meeting Minutes Page 3 of 6
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
trustworthy people to help. If people are credentialed and have lanyards with proper identification around
their neck,that residents can feel confident that volunteers are checked by the authorities and are qualified.
To become a volunteer,there is an application to be filled out, and a CORI check is done. The MRC is also
connected to the Massachussets Response Department of Public Health system. The Public Health Nurse
in Andover is the Director of the MRC.
Mr. McCarthy asked how the MRC program is financially supported. The MRC program is supported
through the Federal Government. Mr.Nichols is the Coordinator of the program, and stated that he teaches
Community Health at Boston University and was the former Athletic Director in Andover.
Dr. Trowbridge brought up the subject of medical liability. Sometimes physicians are reluctant to get
involved because of liabiility issues. Mr.Nichols stated that the MRC program has a variety of medical
professionals who volunteer, such as nurses,pharmacists,and surgeons.
There are many tasks to be done in emergency situations, such as,brining in medical supplies,cots, etc. A
food service person on site is good as well. Animals can be a problem in an emergency, and some elderly
people would not leave their pets. Therefore, someone who likes animals,or involved in the veterinary
field would be beneficial to have on site.
In the GRVMRC,there are a lot of teachers and nurses. It would also be beneficial to have members of
the clergy and people from the mental health field, such as licensed therapists. When training for the MRC,
volunteers are provided with a backpack,and some emergency supplies.
Mr. McCarthy asked about who decides when the MRC may kick into action, such as when it is known that
a big flood is coming,and precautions may need to be taken. If there is a flu clinic, and there is a lot of
advance notification,the MRC Coordinator can send out an email notifying members as to when and where
they are. As an example,during a pandemic flu situation at a clinic in Andover,they were dispensing shots
as well as the spray. There was a lot more spray available than the shots. They needed volunteers to go out
into the line and ask residents if they were willing to take the spray as opposed to the shot. There are
certain people that can step up in certain situations. The Incident Commander would call the MRC
Coordinator, and the request for MRC volunteers would go out. Dr. Trowbridge stated that we should all
redo our Incident Command Training, and provide training for any new members that have not yet had it. .
B. Food Consultants-Public Protection Specialists—New food consultants to be introduced to the Board
of Health Members
Bridget Sweet of Public Protection Specialists presented herself to the Board of Health. Ms. Sweet stated
that she is a Registered Sanitarian and has been doing food inspections for North Andover,once or twice
per week. She does the inspection by hand,then she can give a copy to the establishment. She then enters
the inspections into her handheld device, and brings the device to the Health Department every couple of
weeks to be downloaded to the permitting database, GeoTMS.
Ms. Sweet works on routine inspections in North Andover,or for special consultations,or complaints, and
if the regular staff needs help. It was asked about how many inspections are completed within two days? It
depends on the operation, such as high risk. If there are multiple kitchens,the inspection will take a lot
longer, as,temperatures times, cooling,cleanliness, equipment,grease trap,dumpster,rodent control
procedures are all checked. Ms. Sweet makes sure that food handlers understand the criteria of the food
March 24,2011 North Andover Board of Health Meeting—Meeting Minutes Page 4 of 6
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
code. This is for everyone in town that has a food establishment permit in town. North Andover has about
140 annual food permits. North Andover also has many temporary food events.
Ms. Sweet came to North Andover this past Saturday, and did 11 temporary food inspections. Ms. Sweet
conducts these inspections on her own,without Health Department staff present. If there is a major
violation, she notifies the Ms. Sawyer to have the issue dealt with as soon as possible. Ms. Sweet started
conducting inspections in mid February.
Ms. Sawyer stated that it is good to change out the food inspectors every so often. Ms. Sweet does re-
inspections based on need, such as following up about Allergen training and sign posting. Ms. Grant,the
North Andover Health Inspector continues to inspect all of the non-profit establishments, such as the
schools.
Ms. Sawyer noted that the staff has been very pleased with Ms.Sweet's work completed to date.
Inspectors are taught to focus a lot on education of food handlers, and Ms. Sweet provides this as well. Ms.
Sweet will notify the Health Department if there are any food establishments that would require an
administrative hearing with the Health Director and Health Inspector,which would address any repeat
violations that the establishment has failed to correct. This is the last step before the establishment would
be required to appear before the Board.
Mr. Fixler asked about outdated ServSafe certificates. Ms.Sweet stated that she has not yet come across
any outdated certificates,but they are sometimes not posted,as is required. Ms. Sweet also checks on
HACCP plans and any variances in place for any particular establishment. Each establishment is inspected
at least twice,but some can have up to five if it is a complaint based inspection, and follow-up is warranted.
Ms. Sawyer looks forward to getting feedback from Ms.Sweet about items that can be improved on.
It was noted that publicly posting inspections is difficult in Massachusetts,because there is not a grading
system in place. Therefore,if there is a lot of writing on the report,the establishment can appear to be
worse than it actually is. .
VI. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION
A. Emergency Response To Go Bags—to be presented to the Board of Health Members
Emergency Response To Go Bags were presented by Ms. Sawyer. She went through the list of items in the
bag. Board members would most likely be called out in the off hours due to a broken pipe in a restaurant,
or something such as a fire in a home with tenants.
Ms.Sawyer asked how many of the Board Members had identification cards from the Town. Dr.
Trowbridge did,but no other Board Member has one. Ms. Sawyer hopes that the H.R. Department will
work with the Police Department to issue updated identification cards to all Board Members and Staff to be
presented as needed,or in an emergency situation.
Ms. Sawyer demonstrated how to use the various tools provided in each bag. One of the items is a
thermometer, and it was shown how to calibrate it using ice water. It was also discussed how to use the
chlorine test strips by demonstrating the ratio of bleach to a gallon of water. The test strip color gauge was
displayed. Too much bleach is toxic,because,dishes are washed,rinsed, sanitized,then air dried. Spray
bottles need about 4 drops of bleach. An average restaurant should be changing their sanitizer at least
every four hours.
March 24,2011 North Andover Board of Health Meeting—Meeting Minutes Page 5 of 6
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. Trowbridge mentioned a book that he has that shows someone how to respond to various emergencies.
VII. CORRESPONDENCE/NEWSLETTERS
A. News Article -Ms. Sawyer mentioned an article published in the North Andover Patch regarding
bake sales, and overall negativity towards the Health Department,and how she and Ms. Grant,
Health Inspector rectified the problem. After speaking to the author of the article to clarify the
correct information to he, she agreed to print a retraction, and explain the right process, and what it
is really all about,which is safe food handling education,and protecting the liabilityof the various
volunteer groups in town.
B. Trash Trucks-The second thing is trash trucks. There have been some complaints about speeding
trash trucks. If anyone is seen speeding or doing something dangerous,the police will respond. We
try to have very few trucks on the downtown roads. We try to get the owners to be responsible.
This is the matter of dangerous driving practices. Frank saw trucks going so fast to the point of
becoming airborne.
C. Mosquito Control—Dr. Trowbridge had a reminder about working with the mosquito control
district. There is a new director,Jack Card. He will be at the next meeting in April, and mentioned
the process about residents excluding their property from pesticide application. The article will be in
the Citizen newspaper tomorrow. The mosquito control district codified the process, and they are
going to do some wetlands management where there are known hotspots for mosquito breeding. The
certified letter from residents needs to be received by the Town Clerk's office by April I". If anyone
has any questions,they can email.
D. Health Department Column—"For the Health of It"-Dr. Trowbridge wanted to note that in Section
B of the Eagle Tribune,there will be an article in the Sunday edition about mosquito control.
VIII. ADJOURNMENT
The meeting was adjourned at 9:35 p.m.
March 24,2011 North Andover Board of Health Meeting—Meeting Minutes Page 6 of 6
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