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HomeMy WebLinkAbout2007 BOH Minutes North Andover Board of Health MEETING AGENDA Monday, January 29, 2007 6:30 p.m, Town Hall Building 120 Main Street, 2"d Floor Selectmen's Meeting Room Present: Thomas Trowbridge,Chairman;Larry Fixler,Clerk; and Jonathan Markey,Member. Michele E. Grant,Health Inspector represented the North Andover Health Department. I CALL TO ORDER The meeting was called to order at 6:07 p.m. There was a motion by Mr.Markey,2nd by Mr.Fixler,to recess to Executive Session to discuss legal matters regarding a litigation settlement. All were in favor. II PUBLIC HEARINGS Open session began at 6:45 p.m. Legal Matter Motion: A motion was made by Mr.Markey to enter a settlement agreement with Integrated Paper and TBI,and the North Andover Board of Health; giving Dr.Thomas Trowbridge,Board of Health Chairman,the ability to review and edit the settlement. Mr.Fixler seconded the motion. All were in favor. Butcher Boy—1077 Osgood Street Dr.Trowbridge began the hearing by giving a quick background concerning the November 9,2006 order letter issued by Susan Sawyer,North Andover Public Health Director to Mr.Yameen and Butcher Boy in regard to the use of temporary trailer trucks utilized for food storage. The order was issued to discontinue the use of the trailer trucks for food storage and food related articles effective December 31,2006. The letter included the note that Butcher Boy could request modification,or revision of the order letter,or request an extension of this order letter. Mr.Yameen requested an extension to January 31,2007. We are here to discuss that item at this point. Mr.Phil Ventresca of ESI Qual International,968 Washington Street,Stoughton,MA represented Butcher Boy and began by stating he had responded to the November 9,2006 order in his January 18,2007 letter by requesting revocation on the basis that the food products stored are protected from contamination in units which are compliant to Massachusetts code. He referred to Susan Sawyer's letter of December 18,2006, requesting clarification of regulations on outside food storage and the Kim K.Foley,Massachusetts Dept. of Public Health,Food Protection Program response of December 22,2006 that outside storage is allowed. Thus,Butcher Boy's request to revoke the letter or if is that the letter be revoked if it is felt that the trailers are in violation or modified. Can the Board tell him where the violations are? He cited Food Code section 3-3 305.1,6.5 501.11 and 6-5 501.12 6. If the Board felt there were violations,please let us know and then we can take steps to modify,bring the storage into compliance. We are looking for answers,then we can respond to the revocation with specific remedies; if we know the specific violations. If we put replacement trailers in there,and you tell us those are in violations. Board&Health Department members made inspections on January 16 and January 23 2007; we did not receive any written notification of observed violations or terms of remedy. Butcher Boy has also submitted plans for long-term to replacement. We 9anunry 29,2007 North Andover Board of Health Meeting—Meeting Agenda Page 1 of$1 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 1 lealth Members: Thomas Trowbridge,DDS,iA1D,Chairman,Jonathan Marley,Member;Larry Fi\lcr,Member/Clerk I Icalth Department Staff:Susan Sawycr,I[calk Director; Debra Rillahan,Public I Icalth Na1rtiC;Michele Grant,Public Health Inspector;Pamela DcllcChiaic,I lealth Dcp:artment Assistant will draft plans for food code compliance once we know. Also,we have submitted draft plans for a code- compliant food storage unit 100' long on a 12"high concrete bed, We have not received the Board's approval on that. Also,there is the uncertainty about other Board approvals. We want to know where to put the money. Nobody has given Butcher Boy specific violations,or copies of written procedures for storage and cleaning,steps for work habits,food handling,how to protect food from biological,physical or chemical contamination. Mr.Markey asked if the proposed containers are NFS-certified for exterior storage? Mr. Ventresca said that there aren't specific requirements for these exterior storage containers in NFS,but they meet the NFS requirements for temperature. NFS doesn't set requirements for type of structure. Mr.Markey asked if they had sought all the approvals necessary for permanent storage'? Mr.Ventresca said the process could take about 8 months from start to finish for formal approval,he is just guessing based on prior experience with the different Boards. Ms. Grant said the process is Butcher Boy drafts a proposal,if it meets requirements, then the interim plan would be accepted. Mr.Markey asked if it could meet North Andover standards'? Ms. Grant said if the structure is large enough to fit the containers,meet all the requirements of state regulations and NFS,such as washable surfaces. Mr.Fixler said that his primary concern was now: cooler trucks are not the same as permanent storage with monitored continuous air-flow. These trailers have rusty walls and wooden floors. The doors did not form a complete seal;he did not feel that the trailers were completely air tight. He was told,"Oh,don't look at that—it doesn't work"about one of the outside rear door's thermometers. Mr. Fixler asked if the trailers were insulated,did they have air compressors? Mr.Ventresca said that they were insulated,but he did not know to what degree. The trailers are monitored with pocket thermometers and there are air temperature monitors inside each trailer,at the door end,the warmest area. Mr.Fixler said he was concerned about fluctuating temperatures on food quality; for instance,last Friday's very cold temperatures;can the trailers maintain constant temperature? Mr.Ventresca said the thermostat controls maintain constant temperatures, pre-set to maintain temperature below 40°. Mr.Fixler asked about freeze/re-freezing on food consistency, food quality? Mr. Ventresca said that freeze/re-freeze doesn't contaminate meat. Meat is shipped at 27.3 or 27.5. The refrigeration won't drop that low unless the thermometer is set that low. It arrives with a crust chill which retards spoilage,pathogen growth. This has been standard practice for 30 years. Mr. Fixler said these are transport trucks,not permanent storage. Mr.Ventresca said that these are not permanent storage;they are for overflow and food is sold as quickly as possible. It is temporary storage; food probably doesn't stay in the trucks longer than 3-5 days. It would be in transport trucks for longer periods; processor to store. Dr. Trowbridge expressed concern with the door seals and the traffic in and out. Mr.Ventresca said that the meat was protected in vinyl bags,then in cases. Every single piece is inspected for physical,biological, or chemical contamination prior to cutting. Mr.Markey said that product quality was not up to the Board of Health;our question is the product safe'? He referred to the last paragraph in the Kim Foley letter; "inability to control potential keep clean from pest,rodent control. He proposed that an interim retrofit during the 8 month permanent structure permitting process. An impervious surface,such as melamine,can be glued to the walls,and a cleanable, washable rubber floor can be put down. It is easy and inexpensive,and can be spray-washed and would satisfy the Board of Health for the interim. Ms. Grant added that our position is that the trailers are unfit ,%anuary 29,2007 North Andover Board of Health'iVeeting—Meeting Agenda Page 2 of) 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. Roans of I Icalth Members: Thomas'['roNvbridge,DDS,NO,Chairman,jonathan Markey,Nctnber;Larry Fixler,hlcinber/Ocrk I Icalth Department I Icalth Director; Debra Rillahan,Public I lcalth Nurse;iAlichcle Grant,Public I Icalth Inspector;Pamela DC11cChiAiC,I Icalth Department Assistant for food now. Ms. Sawyer is open to your proposals and will look at everything;especially,washable surfaces,guaranteed temperatures,and air-tight doors. Mr. Markey added a locking mechanism that shuts tight. Mr. Ventresca suggested replacing the door gaskets. Dr.Trowbridge said that they would look at the proposals to see if they met standards but the applicant to provide the information to the Board. Mr. Ventresca said if they wanted impervious surfaces,then they would do the walls and floors,for wet/dry vacuum,temperature control at constant level. Dr. Trowbridge asked how long did they need for a formalized plan of procedure? Mr. Ventresca said one week to 10 business days. He would have to check on availability of materials,or maybe the availability of replacement trailers. Mr.Fixler was concerned about food protection now. Mr. Ventresca requested that Butcher Boy be told what is contaminated and we will be glad to take care of it. The rust on the walls isn't contamination. Mr.Markey replied that the non-compliance with the food code is the lack of impervious,washable surfaces. Also, the doors are not air-tight. He would like to see better doors,or the weather-stripping replaced. Mr.Fixler was concerned about the food still there. He mentioned the difference between the spectacular new walls-in and the trailers. In contrast,the trailers seemed of very low quality,even if the food is in Cryovac packaging. He suggested that the Woburn Health Department's approved trailers be considered to replace the existing trailers. Mr. Markey mentioned that the trailers have existing hard-wiring,to transport the product off-site is to lose access for inspection. Ms. Grant expressed concern that the far end of the trailers are hard to inspect because there is no interior path;she suggested that rotation of contents be part of the proposed plans and procedures. Dr Trowbridge said that the Board of Health does appreciate the high standards that Butcher Boy maintains,but that they feel the trailers are not in'keeping with those high standards. He felt that Butcher Boy needed to convince the Board that those transport trailers,designed to transport food from point A to B,were adequate. He said that the Board clearly recognized that there has been no food contamination reported from Butcher Boy in the last 7 years,and that record allows the Board to extend the order letter. While the first extension was granted by the Public Health Director for hardship because of the holiday season,this extension is being granted by the Board of Health and he doesn't think the Board will grant another extension. He suggested that Butcher Boy may prefer to present 2 options to the Board;one for retro-fit;one for new containers. He stated that the Board would like Bucher Boy to start logging inspections as of tomorrow,January 30,2007. Mr.Ventresca said that he understood and repeated: impervious surfaces,washable, temperature control, logging starting tomorrow,and a time—line on something less than the 15t1i. Dr.Trowbridge clarified that the time frame was to get a plan done. Ms, Grant added that the plans should be at the Health Department for Susan Sawyer's review at least 2 days prior to the hearing for her review or perhaps 4 business days, the 8t11? Mr.Ventresca said that the 8"'is next week. Dr. Trowbridge said the meeting is on the 12t1', since today is the 29'11; that gives you 10 days to the 8"'; you said that you could provide a plan in 7 to 10 days. Dr.Trowbridge asked if anyone else wished to address the Board? Mr.Markey moved to extend the existing order letter to the next Board of Health date,and to provide Susan Sawyer with the plans,at which time to receive plans detailing either a retrofit of the trailers or provide different containers while permitting is sought for permanent containers. January 29,2007 North Andover Board of Health,Meeting—Meeting Agenda Page 3 of 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 I lealth Alcmbers: 'I'homas'I'rowbrid;e,DDS,NID,Chairman,�unathnn Alarkcy,Member;Larry I`ixlcr,A[ember/Clerk I lealth Dcpartment Staff:Susan Sawyer,I Icalth Director; Debra Rillahan,Public I Icalth Nuns;Michele Grant,Public I Iealth Inspector;Pamela IMIc(hiaie,I lealth Dcpartnncnt Assisture III ADJOURNMENT Mr. Markey moved that the hearing be adjourned,Mr.Fixler 2°`I the motion. Dr.Trowbridge and Mr. Markey voted to adjourn. Mr. Fixler voted against the motion. Dr.Trowbridge said the hearing adjourned at 8:1OPM. January 29 2007 North Andover Board of Health Meeting—Afeeting:Agenda Page 4 ofl 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 I Icalth 1lcmbers: "Thomas Trowbridge,DDS,NID,Chairman,Jonathan Markey,Mcmber;Larry Fixler,Member/(Jcrk I Icalth Department Staff:Susan Sawyer,I Icalth Director; Debra Ilillahan,Public I Icalth Nurse;Michele Grant,Public I Icalth Inspcetor,Pamela IMIc hiaic,I Icalth t)cpartmcnC 1\ssisLU�C North Andover Board of Health MEETING MINUTES TI LJRSIIAY,January 18,2007 7:00 p.m. Town Hall Building 120 Main Street,2"d Floor Selectmen's Meeting Room Present: Dr. Trowbridge,Mr. Fixler, Susan Sawyer, Michele Grant, Debra Rillahan,Pamela DelleChiaie I CALL TO ORDER The meeting was called to order at 7:05 p.m. II PUBLIC HEARINGS None III APPROVAL OF MINUTES A. October 28,2006 and November 16,2006 Meeting Minutes approval as written. Requested revisions were made, and the meeting minutes were approved and signed as written. IV COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION A. Discussion and confirmation of the remaining 2007 BOH Meeting schedule The proposed meeting schedule for 2007 was discussed,and it was decided to keep the schedule as is for the time being. V OLD BUSINESS A. NMS Training Dr.Trowbridge completed the NMS 700 training last week online. The NMS 200 and 700 series have more to do with the terminology,and layout of the program. He stated that it takes about three hours to complete. The Fire Department is conducting an in-house training later this month. They can do other in-house trainings as well. The NMS 200 can be done online,but to be accepted for program,needs to be completed in a two day training for a total of 14-16 hours. All required training needs to be completed for emergency management by June 2007. Some coordination with the Fire Department can take place for those who need to take the NMS 200 in the two-day training. The days and hours can be flexible due to work schedules. B. Medical Waste Pickups Ms.Rillahan reports that the law still has not officially changed. The public is still allowed to place medical waste in the trash. The Fire Department is still working on the idea of a drop off site at the station. The contract was changed from Stericyle to a new medical waste disposal vendor. They are not limited to coming to one location for pickups. Ms.Rillahan will provide any new information as it becomes available. VI NEW BUSINESS A. Septic- 1135 Salem Street(New England Engineering) Local Bylaw Variance Request yanuary 18,2007 North Andover Board of Health Meeting—Meeting Minutes Page 1 of 4 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,Jonathan Markey,Member;Larry Fixler,Member/Clerk Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public I lealth Nurse;Michele Grant,Public Health Inspector;Pamela DelleCNaie,Health Department Assistant Allow a dwelling to be constructed with a cellar floor elevation below the estimated high groundwater elevation(ESHGW). Mr.Ben Osgood,Jr,presented the request before the Board. Soil testing was completed on the property,and the perched water table was 20"-28' down. In the spring months,the soil is so saturated; it cannot penetrate the C soil layer. The soil tests completed in September 2006 were at 118'. There was no water,and the pits were dry. This system was designed on a 24"water table. The proposed foundation drain will drain away any water that might accumulate. Mr.Markey was not present at the meeting,but spoke with Mr. Osgood,and stated that he does not have a problem with the design with the exception that the drain should not get routed toward the street. He would like to see the drain run across the lot at a low point,away from the street. Mr. Osgood states that the requirement to have the basement above the water table is not a requirement of Title 5,but speculates that the local regulation was implemented,as there was possibly a concern that if a septic system was too close to the house,and foundation was in the groundwater,it may take water out of the septic system. The proposed house is 167 feet away from the septic system. Therefore,there would be no risk of this happening. Ms. Sawyer received a communication from Mr.Markey, and he confirmed that it is in general a good idea to keep basements from being built in the water table. In certain circumstances,such as a perched water table,this would be a good option. Ms. Sawyer reviewed this as well,and states it is a difficult lot,and small in width. It is the right option to not to have the drain outlet towards the street. Also note that the drainpipe will need to be maintained 10 feet away from the septic system. Mr. Osgood explained that the perimeter drain has a sealed joint,it is waterproof, and in a sealed,solid pipe. The pipe is slotted around the house,and after that,becomes a solid pipe,so water cannot get through it. The slotted pipe is designed to take water away from the house,and drain it through the solid pipe. Solid pipes can be 1.0 feet from the septic system. The placement of the pipe is based on elevation. If the pipe is installed properly,and bedded in stone,it should last forever. This location is up on a hill,and the sill elevation is 162 feet and really close to the street. If the house were to be raised up any more,the front door would be 20 feet above the road. Basements are built all the time under the water level. At the time of soil testing,there was no water in the ground at 10 feet down,and the proposal is for five feet down. The Board members asked if a deed restriction could be put on the property to not allow the basement to be finished. The basement will have no windows,and no second egress, so it does not meet the definition of a room per the building code. Dr.Trowbridge suggests a deed restriction be placed on the property so that any future owner is clear about the guidelines of how the home is setup. Motion: Mr.Fixler motions to approve the variance as requested,and in addition to add on a deed restriction to the property stating that the basement will never become a finished room. All were in favor. (This variance is to allow the construction of a basement floor lower than the estimated seasonal high water table.) B. Northside Carting—Request for renewal of trash truck permit fee waiver Mr.Thomson is requesting 34 permits and 34 placards. Ms. Grant states that the Permits were issued for 2007 in 2006,and the Permit fee of$350.00 was paid. This evening,the issue of placards is at hand. Mr.Thomson thought he paid$1,500 last year and received 50 placards at a 40%discount. The fee waiver was based on the fact that it was all road placards for all roads. It was determined that there was a reduction of 40%based on what trucks were actually in Town. This request is for 34 placards,which would be$3,400 less 40%. Dr.Trowbridge states that when the Health Department issues permits,it fees are to cover the costs incurred. The placard money is used for enforcement,and permit fees are for the general fund. The police bill up to about$1 O per year to conduct enforcement. As background information on the trash truck program,Ms. Grant states that out of 647 trucks,only 41 trucks have been given all road placards. In the case of Northside Carting,Mr.Thomson states that all trucks at the end of the day go back to North Andover,as this is where their business is. January 18,2007 North Andover Board of Health Meeting—Meeting Minutes Page 2 of 4 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 l-lealth Members: Thomas Trowbridge,DDS,MD,Chairman,Jonathan Markey,Member;Larry Fixler,Member/Clerk Health Department Staff:Susan Sawyer,I lealth Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaie,Health Department Assistant Susan Sawyer indicated that the board gave the staff instruction for this permitting year to bring the companies with the variances back to the board for review of the issue. One is the cost and the second is what type of placards and how many should be issued. The question is does Northside need placards for all its vehicles and if so what routes should they be given or should they be All Roads as in the past. The staff needs direction as to how to handle the two companies.Dr.Trowbridge suggests reviewing the number of placards,and the types of roads for both companies just as Ms. Grant does for all the other companies. He thinks that the truck routes need to be analyzed. Then the board can make a decision as to the number,type and fee for the placards.Ms. Grant needs to have all the truck route schedules to analyze the numbers and where the trucks go. Dr. Trowbridge insisted on verification of where the 34 trucks go. The members agreed that the idea of the discount is not the problem. The Board wants waste haulers to be responsible and to look at their truck traffic more carefully. Mr.Fixler stated that the permitting should be equal for all companies. Mr. Thompson expressed concern about privacy of the route sheets. He was assured that this is not public information. He will provide the information and meet with Michele Grant as soon as possible. No motion was made on the request to renew the waiver.Dr.Trowbridge requested a special meeting in two weeks to decide on the final number of trucks with placards. A date and time will be decided and posted. C. Integrated Paper Recyclers—Request for renewal of permit fee waiver. Mr.DeRosa presented,seeking the same amount of discount,but after listening to the previous discussions,he thinks it would be easier for him to just pay the regular fee per truck. Mr. Fixler asked Mr DeRosa if he in anyway felt pressured or coerced in asking for reconsideration in his waiver in requesting a discount on his placards. Per Mr.DeRosa, logistically,it is more feasible to pay the full amount,and just issue the 17 all route placards. This company generates less than 6 tons of trash a day from his yard that actually gets taken to Wheelabrator. The main business of this company is recycling; so all the rest comes back as a commodity,either commingled or as paper recycling. This company does all the recycling for the Town of North Andover. Ms. Sawyer states that this is a really different business being in recycling. The regulation is for trash haulers to Wheelabrator and Covanta. Integrated Paper is in the middle because their business is in North Andover and their trucks look like trash trucks,but they are not.Dr.Trowbridge asked some questions regarding the type of trucks he has. Mr.DeRosa states that the front loaders are the ones that pickup the recycling. This company was also asked to provide route maps for all the trucks;regardless of the fee reduction or not. No waiver was requested and no decision was made.Dr.Trowbridge requested a special meeting in two weeks to decide on the final number of trucks with placards. A date and time will be decided and posted. D. t t:N°'1'1N1JW lJN[T11., FF1 BRUAI�Y 2007 Cw1E1i1'l'NG-Lot 50 Berry Street—Request of Christiansen& Sergi,Inc.,to discuss the variances requested for the septic design approval application VII ADJOURNMENT The meeting ended at 8:55 p.m. Janaary 18,2007 North Andover Board of Health Meeting—Meeting Xlinutes Page 3 of 4 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,1ID,Chairman,Jonathan Markey,Member;Larry Fixler,\rember/Clerk Health Department Staff:Susan Sawyer,I Iealth Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaie,Health Department Assistant Prepared bw Pamela DelleChiaie Administrative Secretary Approved by: Larry Fix er " Clerk of the Board jamiary 18,2007 North Andover Board of Health Meeting—Meeting Minutes Page 4 of 4 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,Jonathan Markey,Member;Larry Fixler,Member/Clerk Health Department Staff:Susan Sawyer,Health Director; Debra lUlahan,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaie,Health Department Assistant North Andover Board of Health MEETING MINUTES MONDAY, February 12, 2007 7:00 p.m. Town Hall Building 120 Main Street, 2"a Floor Selectmen's Meeting Room Present: Thomas Trowbridge,Jonathan Markey,Larry Fixler,Anne Brennan, Susan Sawyer,Michele Grant, Pamela DelleChiaie Absent:Debra Rillahan I CALL TO ORDER The meeting was called to order at 7:02 p.m. II PUBLIC HEARINGS III APPROVAL OF MINUTES A. January 18,2007 approval as written. Meeting minutes were approved as written. IV COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION The newest Board of Health member was introduced,Anne L. Brennan,who was appointed and sworn in as a member of the Board of Health today. Ms.Brennan will not be participating under old business items,and under Massachusetts General Law cannot participate and vote under those items. V OLD BUSINESS A. Northside Carting—Review of placard requests At the last meeting in January,Mr. William Thomson requested placards for 34 trucks,and the Board of Health requested verification to demonstrate the need for the number of trucks requested. This will be reviewed this evening. Mr. Thomson was again present to represent Northside Carting. He states that his request is two parts: 1.Number of placards being requested is 34, and 2.Fee Waiver,which they have received for the past few years. Ms. Sawyer states that at the last meeting,there was a discussion about changing this request. The Board of Health had concerns about all road trucks,as opposed to various route trucks. Mr.Thomson states that some trucks would be Route 114, some Route 133, and some all town roads. Even though they have maintained all town permits in the past,in his opinion there is not an ongoing issue of trucks using Route 125 by the schools. The drivers are not allowed to be on 125 by the schools. There is now GPS(Global Positioning Systems) installed in some trucks,and the central computer notifies the company if the truck is in a restricted area. All remaining trucks will have GPS systems installed within the next month. Ms. Sawyer states that the required information was delivered the day before this meeting, on Friday afternoon, and it is a large stack of information. Ms. Grant deciphered it,and put the information into a spreadsheet. This information was provided based on the route sheets. Ms.Grant received one week's sheet of 10 trucks. Mr. February 12,2007 North Andover Board of Health Meeting—Meeting--L\1inutes 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,Jonathan Markey,Member;Larry Fixler,Member/Clerk I lealth Department Staff:Susan Sawyer,Health Director; Debra lUlahan,Public I Iealth Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaie,Health Department Assistant trucks are spread around the state. Some trucks travel as far away as Medfield,and others as close to Woburn. Ms. Grant asked about one truck,number 12,which was listed twice. Mr. Thomson stated that it could have been two separate routes. Ms. Sawyer stated that there was not enough time to compile all of the information. Mr.Fixler noted no stops in exempt towns on trucks numbered:27,38,47,and 41. Perhaps Mr.Thomson does not need 34 placards. Does he need 34 all town,or a breakdown of the various routes? Usually it is the same truck out on the road weekly. Truck gets used every day,Monday through Saturday,unless in for repairs. Last month,Mr.Thomson asked for 34 all road placards,but can reduce by 10 or 12 and go to other routes. There are some trucks he can reduce to Route 114 and Route 133 only,but some need flexibility. Dr. Trowbridge states that in order to make a decision,the Board needs to know the exact numbers. Ms. Grant needs more data than on 10 trucks. However,from reviewing the paperwork, it is apparent which trucks come in from certain routes. Any trucks coming from Rowley,would be Route 133,anything from Middleton,or Reading,would be Route 114. Anything in North Andover would be all roads. Rolloffs generally get all roads,as one does not know where one would be called at any time. Dr. Trowbridge states that we don't have all the information, so we cannot make a decision. We received route sheets for 10 out of 34. Mr.Markey asked how many are needed for the roll-offs. Each day is predominantly the same for any given truck. For example,truck#16,travels throughout Lawrence and North Andover,etc. Mr.Fixler wants to be sure everything is balanced. Is this representative of the fleet? Probably 75-80%of the time. Mr.Thomson would like to have 12 all town, 12 Route 114,and 10 all roads. He would like to avoid having to switch placards out. Dr. Trowbridge notes that trucks 10,27,28,37,41, on every day except Wed., don't make any stops in any of the exempt towns. Mr.Thomson is trying to avoid having trucks switch out placards,as the logistics of coordinating this would be very difficult to keep track of,and keep up with. Dr. Trowbridge asked,of the 34 trucks,how many go out Holt Rd. and down Route 125,and throughout New England. The majority head out towards Route 133 to Route 93. Any other trucks heading towards Boston, will need to go around. The trucks that were reviewed start out at 4:30 or 5:00 in the morning,and get back around 2:00 in the afternoon. The companies they work for are not revealed,just the towns that are driven through. Discussion about the various towns that are traveled to were read off the list. Mr.Thomson would rather not have any placards issued until the full amount are issued. Mr.Markey notes that the breakdown of 12, 12 and 10 is better than all 34 trucks getting all road placards. Dr.Trowbridge states that we would still like to have all the route sheets submitted to Ms. Grant,as we would like to completely figure this out. There will be 10 placards for Route 114, 12 for Route 133 and 12 for all roads. The permit fee waiver was discussed. Mr.Fixler noted the administrative costs, etc. Dr. Trowbridge did some calculations,and it would be$3,400 to$2,200, and to look at$2,000 to encompass all the trucks. There will be a 40%fee reduction on the total trucks. Motion: A motion was made by Mr.Markey to approve 12 all road placards, 12 Route 133 placards,and 10 Route 114 placards and set a fee of$2,000 for Northside Carting variance request. Mr.Fixler seconded the motion. B. Integrated Paper—Review of placard requests Christine DeRosa of Integrated Paper was present to represent Mr.DeRosa,who is ill. Mr.DeRosa wanted placards for 17 trucks,representation is present to discuss an analysis of their trucking plans. Integrated Paper is a recycling company. They recycle 82,000 tons of paper a year. In addition,they do about 1600 tons of trash. Ms.DeRosa states that she now has a better understanding of placards. This is a business of solid waste. February 12,2007 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,Jonathan Markey,Member;Larry Fixler,Member/Clerk Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaie,Health Department Assistant There are roughly 1,600 tons of waste. They make three trips a week to Wheelabrator,and would like 17 all road placards. These are black and yellow trucks,and is unclear to the naked eye as to whether they are hauling trash or recyclables. Ms. Sawyer notes that the Board should try to look back at how these things started. If they had no placards,they would be stopped all over Town. Do recyclers need to be part of this? Ms.Grant asked how many pounds of trash go to Wheelabrator. This can vary from 10-15 tons. Ms. Grant notes that when they separate the trash, such things as cd cases, orange juice containers,which are not recyclables,are taken to Wheelabrator. Ms. Sawyer notes that this company is servicing all Town schools, DPW,etc. Dr.Trowbridge asked if Ms. Grant has reviewed routes and the trucks. Ms. Sawyer notes that the fee should be based on what is actually sent to Wheelabrator. Ms.DeRosa states that she would like to see if she could receive a 40%reduction,which would be$800 for 17 placards. Motion Mr.Fixler made a motion that Integrated Paper be given 17 all roads placards for the fee of$800. Dr. Trowbridge seconded the motion. All were in favor. C.Butcher Boy—Request for modifications on order letter Mr.Markey read a Disclosure of Appearance of Conflict of Interest regarding his work at Meridian Associates. Mr. Phil Ventresca,food consultant for Butcher spoke at the last Board meeting,where the Board indicated they wanted plans for existing storage trailers. The trailers were both inspected on February 2,2007,and he states that he could not find any exposed wood or rusted walls. He proceeded to give a description of the interior of the trailer. It will take about three weeks to do the work. Phase 2 would be a process to replace the trailers with new trailers,but will take about 6-8 months. They would need more information from the Board,or will need to use satellite storage. Specification sheets are needed to order trailers that are different than regular USDA accepted materials. Ms. Sawyer states that the Health Department never received a plan,just a narrative from Butcher Boy. Ms. Sawyer was asked to review the letter, or narrative,as the plan. A typical plan generally comes with a list and layout of what work is going to be done. She is unable to say to the Board that there is a plan to be activated or approved. Ms. Sawyer cannot say that the plan is adequate for her approval. Mr. Ventresca notes the GMAC dealership that supplies the trailers can meet food code specifications for FDA and USDA use. Ms. Sawyer notes that for transportation,yes. Ms. Sawyer showed some sample pictures of what the Board of Health was envisioning as adequate food storage. Ms.Grant did some research on some companies. Demoulas,a supermarket in North Andover used them when the refrigeration system went down. Mr. Fixler asked if we need to focus on plans and this proposal. Is what is presented satisfactory enough? Mr.Markey notes that he thinks it is,as he asked for a different covering melamine on the walls,which was addressed. Mr.Fixler reviewed some on line that had 4 inches of foam insulation. Dr.Trowbridge notes this is not a relining,but a replacing of panels where there is any damage. Mr. Ventresca noted that the changes would make the trucks smooth and easily cleanable. The materials used in trailers right now,will be the same types of materials used in interior storage. Floors, walls and ceilings need to be smooth and washable. The current floor is diamond plate. Ms. Sawyer notes that it is not a smooth surface. She noted that it was very dirty. Ms. Sawyer is concerned with a trucking company deciding what the trailers will be like,as they are unaware of the food code. Mr.Ventresca states that the bottom line is that Butcher Boy has to make sure that GMAC's work must meet the food code. Mr. Markey noted that what Ms. Sawyer is looking for is a schematic plan of the existing trailer,and in this format,areas can be marked in terms of what panels will be replaced,etc. Mr. Markey stated it should be February 12,2007 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,MID,Chairman,Jonathan Markey,Member;Larry Fixler,Member/Clerk- Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaic,Health Department Assistant 1 melamine,so it will be nicer than what they are now. This is just a fix until they can get their permanent storage completed. Ms. Sawyer noted that the Health Department is trying to protect the consumer,and follow proper food storage codes. Mr.Markey asked for the temporary food logs. Mr.Ventresca did not bring the logs. Ms. Sawyer noted the ambient temperature. The log should include internal temperatures. Mr.Ventresca stated that it is impossible to get the internal temperature. Ms. Sawyer notes that to take an internal temperature,the thermometer can be placed between two pieces of meat. The temperature of the product will be maintained below 41 degrees. Mr.Markey went on an inspection on a Saturday. There were a few days of below freezing temperatures, and four samples were taken,and all were around 36 degrees. Dr.Trowbridge asked if someone from GMAC trucks were at the facility,and what will happen when work is taking place. One trailer will be emptied,and prepared for refurbishing,and then the second trailer will be done,and product will be moved from one to another. Butcher Boy will try to modify the amount of product coming in so that they do not have an overflow. It may take up to a week and a half to do one trailer. Mr.Fixler recommended taking both trucks off line to bring them into full compliance. Dr. Trowbridge noted that what Ms. Sawyer is asking for is a plan to take care of the trailers. Butcher Boy needs to get a letter of acceptance,and arrange a start and end date. The letter of acceptance does not mean that the trailers will be compliant on inspection. Notes were made regarding the time frame for the permanent storage. It could take possibly 5 months to get through the various boards. Mr.Frank Ragonese, 1939 Great Pond Road,an immediate abutter to Butcher Boy read a prepared statement on the history of his experience with Butcher Boy. He cited concerns with electrical permits,drainage onto his property and noise from the compressors. In 2005,his daughter was sleeping over for the weekend,and the compressors that cool the trailers run 24 hours a day,and are extremely loud,especially in the still of the night. Also,the sound carries to the front bedroom. In order to dampen the sound,Mr.Ragonese must shut all doors where sound could come through. He started taking pills to get a good nights' sleep. On December 8,2005,Mr.Ragonese filed a formal complaint with the town. The Planning Board has control of special permits in order to build. The trailers are in a fire lane where they were placed. On the holidays,there is so much commotion in the back that an emergency vehicle could not get through. The Fire lane is on the plan,but is conveniently not marked off. They are also in violation of the 50 foot setback because of wetlands. Mr.Ragonese's neighbor has a problem with sound as well. The Town's pro-business attitude is impacting Mr. Ragonese and his neighbors,the Lawson's. They had to move their bedroom in order to sleep. When certain town officials made a decision not to make a decision,it impacted just two people. Once caught on a violation,Butcher Boy will come forth,but will come in with an attorney or consultants. These consultants and attorneys will speak to the Board and try to convince them of a compromise. . The Health Department met many times with the Yameens during the construction process. The Health Department was never made aware of any trailers being used for food storage,and they were never shown on any building or health plans submitted for review. Mr.Tom Yameen spoke on his company's behalf. In response to Mr.Ragonese's comments,he indicates that he would like this resolved,but he needs to continue use of the trailers until a permanent solution is reached. (Febmary 1$2007 North Andover Board of Health Meeting—Meeting 1XIinutes 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,Jonathan Markey,Member;harry Filer,Member/Clerk Health Department Staff.Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela DellcChiaie,Health Department Assistant This is a nuisance,and the Board of Health has the power to do something about it. Mr.Markey noted that the materials he received on Friday satisfied him,although no schematic plan was submitted. The burden of proof will be with the contractor. Mr.Fixler expected a detailed plan to upgrade the transport cold storage units. Dr. Trowbridge was frustrated at the lack of detail,as what was submitted was not up to standards of what we usually see,and he,too,needs a plan. Mr.Fixler questioned the noise issue,and what could be done about it. The sound bounces off the building and is projected towards the neighboring properties. In the spring,the Board of Health will probably get a complaint about the noise level. Ms. Sawyer stated the Yameens had a noise level test done. The report showed that the facility did comply with the requirement of 10 decibel increases. Butcher Boy and surrounding neighbors were working with the Town Manager on this before it came to the Health Department level. Mr.Fixler asked if the trailers interfere with the Fire Department. The Fire Department does not have any problems with the trailers per Ms. Sawyer. Mr.Ragonese stated that originally they stated it had to be a clear area for fire truck. Mr.Ventresca states that he requires a letter of acceptance to provide information. Mr.Markey notes that Butcher Boy must do the following: complete cleaning of trailers,proper materials used for roving and molding,submission of a schematic plan,and complete food code inspection for each trailer,one at a time. Dr. Trowbridge said that he would accept this,but wants to address the compressor issues with the neighbors. He would like to see on the motion that within a 6 month period of time that we are moving through the permitting process. Part of the plan is to look at compressor problems to address the noise. Mr. Ventresca will start putting this together tomorrow. Motion: Mr.Markey makes a motion to take one of the trailers off line for complete cleaning,inspection,and repair, using proper materials for roving and molding,and submit a schematic plan,to be approved by Ms.Sawyer. The trailers shall remain offline until approval from Ms. Sawyer that the trailer has been adequately repaired. Mr.Markey notes that the Health Department received everything but • A schematic plan. (The last motion made on this subject had to do with the guidelines from the state regarding,walls that are cleanable,and washable surfaces according to the Food Code.) • The consultant will review options to reduce noise levels by considering other compressor options; • An update will be provided in 6 months(August 23,2007) regarding progress on the permitting process for permanent facilities. Mr. Fixler was opposed. All other members were in favor. VI NEW BUSINESS A. Lot 50 Berry Street—Request of Christiansen&Sergi,Inc.,to discuss multiple variances requested for the septic design approval application Mr.Phil Christiansen was present to represent this request. The lot is approx 20,000 square feet in size. The letter from back in October outlined the history of the property. The property owner attempted to tie into the sewer Te6niary 12,2007 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 Ilealth Members: Thomas'Trowbridge,DDS,MD,Chairman,Jonathan Markey,Member;Larry Fixler,Member/Clerk Health Department Staff:Susan Sawyer,health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaie,Health Department Assistant system,with a pumping system,and a force main connection but was denied b the water department. There is no Y p p� g Y Y P � town water at this time either. The owner is also looking for a well. This site Is difficult to design,as wetlands are also on the site. The original system was designed using a microfast J treatment system. A number of waivers were also needed per the septic regulation. Mr. Christiansen had requested feedback,and received call from Mr.Markey who stated that having a well and septic on the same lot,becomes a nitrogen sensitive area. Therefore,a different system called the RUCK is now proposed. Mr. Markey recused himself regarding this agenda item due to his consultation on the RUCK system. Mr. Christiansen is doing work for this property owner on his own time because of the owner's circumstances,and length of problems trying to develop this lot. If the RUCK design is not approved,the costs otherwise would be prohibitive. The system itself complies with Title 5. The RUCK system would eliminate the nitrates. This lot needs and accepted septic system before getting approvals from the Conservation Department. 1. Lot size 8,600 square feet of build able space: Many of the local rules are adopted,but don't necessarily cause danger to the public or the environment. Local variances were discussed. 2. Distances:the tank is 33 feet from wetlands, and trenches are 50 feet from the wetlands 2. Test pit expiration:Use of existing test data is requested. 3. Minimum System Size—400 feet of infiltrator is provided,which is equivalent to 700 square feet. 4. Number of bedrooms: the system is designed for 3 bedrooms,possibly 2 bedrooms. 5. Trench spacing: Spacing is 3 times the width not 10 feet. 6. Soil Testing—from 1993. Anything prior to 1995, such as percolation tests are not accurate now, because they were not conducted in the same manner. The Board of Health is of the general consensus that these requests are reasonable. B. 38 Farnum Street—Request of Jack Sullivan of Sullivan Engineering Group,LLC,to request: a Local Upgrade Approval—to allow a one(1)foot reduction in vertical separation between the bottom of the sail absorption system and the seasonal high groundwater table(4 feet required). Mr. Sullivan was present with the homeowner,Ray DiGiovanni. The homeowner called regarding a failed septic system. He requested to conduct a voluntary upgrade of his septic system. Mr. Sullivan stated that it was found that the groundwater went down about 10 feet in depth,and it was thought that the 33 inch level was the seasonal high groundwater table. There was an 11 minute percolation rate. The reason for the variance is that if the internal plumbing is raised by eight inches,the system will not require a pump chamber. This system was originally designed as a Presby System,but the consultant was not crazy about this system. By allowing the owner to raise the plumbing,they can have a conventional septic system. This would run by gravity. The plans show a 1,500 poly tank. They are different from concrete tanks,because it is a lower profile tank. Mr. Sullivan stated that he tried to keep as low a profile as possible. The main issue for the homeowner is the cost savings,which would save approximately$5,000. Ms. Sawyer stated that this is a five bedroom dwelling at this point. By allowing a reduction,there will be a deed restriction to not exceed an 1 I room house. Motion Mr.Markey motioned to grant the variance as listed. Anne Brennan seconded the motion. C. 150 Johnnycake Street -Request of Bill Dufrense of Merrimack Engineering,to discuss: Local Variance-to allow the distance from the S.A.S. to the wetland from 100'to 91'. Local Ups ade-to allow a laboratory sieve analysis in lieu of a field pert test. (February 12,2007 North Andover Board of Health Meeting—Afeeting Afinutes 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 Nlembers: Thomas Trowbridge,DDS,MD,Chairman,f onathan Markey,Member;Larry Fixler,Member/Clerk Health Department Staff:Susan SaNNTer,Ilealth Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public flealth Inspector;Pamela DelleChiaie,I Iealth Department Assistant Mr. Dufresne was present to represent Steve Hunt,the homeowner. The property has wetlands on one border,and there is a 22 inch water table. This is typical in the neighborhood. By putting the system closer to the wetlands, raising it works better for the backyard. It meets the state requirement of 50 feet. He was unable to conduct a percolation test. This was class one loamy sand,and is consistent with field soil evaluations. Conservation signed off on this project under small project status. Ms. Sawyer asked about installing out of season. Mr.Dufresne stated that it is almost March, so the homeowner can wait until March when the installation season opens up again. Motion Mr.Markey granted the variance as listed. Ms.Brennan seconded the motion. All were in favor. VII ADJOURNMENT The meeting was adjourned at 11:05 p.m. Prepared by: Pamela DelleChiaie Administrative Secretary Approved by: Larry Clerk of lr6'Board 4 f " ('edtuary 12,2007 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,Jonathan Markey,Member;harry Fixler,Member/Clerk Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaie,I lealth Department Assistant North Andover Board of Health � ) MEETING MINUTES THURSDAY, March 22, 2007 ` 1 � 7:00 p.m. Town Hall Building 120 Main Street,2"d Floor Selectmen's Meeting Room Present: Thomas Trowbridge,Jonathan Markey,Anne Brennan,Susan Sawyer,Pamela DelleChiaie Absent: Michele Grant,Debra Rillahan I CALL TO ORDER The meeting was called to order at 7:20 p.m. II PUBLIC HEARINGS None III APPROVAL OF MINUTES February 12,2007 were approved as written and signed by Dr. Trowbridge. All approved. IV COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION Several months ago,the state legislature voted for positive home rule petition. Officially,the Board of Health changed from three to five members. Ms.Anne Brennan is now a new member on the Board. If anyone is interested in filling the additional vacant position on the Board of Health,he or she can direct their questions to Susan Sawyer,the director of the Health Department,or to Dr.Trowbridge. V OLD BUSINESS A. Butcher Boy A general update on Butcher Boy was given. A Ms. Sawyer state that T2 was stripped out,cleaned,and revamped with washable materials on sides,and is now up to food code grade. Doors were replaced, as they were not fixable. The trailer was inspected prior to putting food back in. They did decide to go ahead and work on T1,but it is not immediately back on line as they do not need it right now. The sound barrier was removed temporarily. They may move T2 50 feet further away. Mr.Yameen is not going to submit a plan for outdoor storage,and is looking at options for indoor storage. He is still planning to apply for approval for a parking lot. There is already a similar type area behind the tailor with walk-in refrigeration. The trailers would then be used for overflow at peak season time,for which there are several in the year. How quickly this will happen? The spa is going to move in the summer to the other side of the former Treadwell's location. In addition,there will be some juggling of other businesses in the Butcher Boy plaza. Things are changing, and there won't be an application for outdoor facility. The Health Department,of course,encourages an indoor food storage walk-in. An indoor storage facility is much more preferable in terms of health and food issues. Warcfi 22,2007 North Andover Board of Health Meeting—Meeting Minutes Page 1 of 1 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,Jonathan Markey,Member;Larry Puler,Member/Clerk;Anne Brennan, Member;Health Department Staff Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Nfichele Grant,Public Health Inspector; Pamela DelleChiaie,Health Department Assistant VI NEW BUSINESS A. 93 Raleigh Tavern Lane—Request of Ben Osgood,New England Engineering Services,Inc. Local Upgrade Approval Allow the use of a sieve analysis to determine loading rate in lieu ofperforming a percolation test. Title 5, section 15.405(1). This property was built in 1972. Out in the backyard,there is a large wetland,as well as a pool. The existing septic system is out in the front yard. Testing was completed in several places,and they were unable to run a percolation test. When they went back,they chose the left side of the property for soil testing. Last fall,water came up,and was running into the holes when a percolation test was attempted. Another firm designed a system for the neighbor,Dion,adjacent to septic. A little bit of a soil change allowed them to go back on the side of the house. Samples were sent out to the testing labs at UMASS. Local Bvlaw variance Reduction in offset distance behi,een a leach bed and a wetland from 100 feet required to 51 feet. Originally,they wanted this to be out in the front,but the back had wetlands,so they moved to the side. Title 6 regulation,which is a state,allows the distance to be 50 feet. Mr. Markey asked what was the percolation rate for Dion?Approximately 15 minutes per inch. The percolation test was done 20 feet off the property line adjacent to the large tree. Mr. Markey asked what the classification carne back as. It came back as Class 2 Sandy Loam. Mr. Osgood states that he had a hearing with the Conservation Commission, and DEP has not issued any comments. DEP will issue a file number,and send a notice of comments or no comments. Dr. Trowbridge asked about using the right side of the driveway,because Bill Dufresne had done a design on the Hammond property at a 60-90 min.percolation rate. Mr. Osgood states that the soil was still marginal,and did not meet the 60 min,perc rate;therefore,a sand filter was put in. He thinks that this is the only sand filter that was installed in Town. Mr. Markey noted that the septic system would not be in proper placement in that location anyhow, as there is a slope into the garage. He stated that the system incorporates the FAST system to get the two-foot ground water reduction. The groundwater is 24 inches down. There is 20 inches of fill. Mr.Markey states that the FAST system does a good job of reducing the nitrogen levels. This is a lot cleaner than any Title 5 system. That is why they allow a reduction to the groundwater levels. They have to have a deed restriction attached to the property, and tests are done on a regularly scheduled bases. Any problems require an adjustment to the system. This is a responsible request given that the FAST system is going to be used. Mr.Markey stated that if taking the grading into account,if the Board were to deny the groundwater offset,the system would require a concrete wall, and raising the grade two feet higher than the house. Dr. Trowbridge questioned if a groundwater variance was needed. Ms. Sawyer states that by using the FAST system,one does not need a variance. This system does allow for the two foot reduction. Mr. Osgood received a message from the consultant that he needs the following: a revised Application for Local Upgrade Approval(Form 9A),the sieve analysis report, and a draft O&M agreement for Marcfr 22,2007 North Andover Board of Health Meeting—Meeting Minutes Page 2 of 1 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,NEE),Chairman,Jonathan Markey,Member;Larry Fixler,Member/Clerk;Anne Brennan, Member;Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector; Pamela DelleChiaie,Health Department Assistant maintenance of the treatment unit and the pressure distribution system. This proposed system insures that a level 2 treatment plant operator will inspect the system one or two times a year, and that the proper nutrient levels are being reached,and will check the pressure field. Dr. Trowbridge asked about erosion control. Mr. Osgood stated that whenever they are working near wetlands, they put in erosion control. There was a concern about flag 83. A silt fence was proposed. A discussion ensued regarding removal of hay bales and or silt fences in general. Most silt fences are required to be removed by the Conservation Commission before a Certificate of Compliance is issued. Mr.Markey has no problem with the variance request,and to allow sieve analysis and a reduction is a reasonable request due to the use of the FAST system. Motion Mr.Markey made a motion to approve the waiver and local upgrade requests as listed above. Ms. Brennan seconded the motion. All were in favor. B. Adoption of New Regulation—Consultant Fees Ms. Sawyer states that with regard to consultant fees,each department must adopt a regulation to handle the occasion when there may be a need for Boards to hire outside consultants. Unless there are any major questions,they are asking Boards to adopt this as an assurance,no particular reason,just a blanket policy. Dr. Trowbridge states that he has no problems with the regulation,but he notes that procedural requirements reference specific regulations,and seem to be referencing sanitary sewage items,so how does that fall under any particular category? Ms. Sawyer states that anything related to Title 5 needs to be published two weeks apart as a legal notice. If not septic related,a summary will be posted. Reasonable fee seems to be a fair word. If unreasonable, one can appear before the Board of Selectmen. Fees will be deposited into a special account. Is this general information for all the Boards,or one for each separate item/issue? Not clear. Ms. Sawyer states there would be a specific amount of money setup for a particular task. Therefore, it would be setup as a more of an escrow account as opposed to a program special account. Dr. Trowbridge suggests that Ms. Sawyer speak with Curt to clarify this,such as where does a check get deposited? He thought that there was already a procedure in effect. Ms. Brennan asked about the 10 business days, in which a fee must be paid. Mr.Markey asked what if it is not? If not paid,the task will not be completed. If refused,this constitutes a denial. Mr. Markey stated that he does not know if he agrees with money deposited for whatever purpose. If applicant does not have money at time for additional review,he should be able to put in the application for continuance,until he has the money. Questions: 1. As this is Town government regarding such fees,does this need to go to an RFP?(Request for Proposal). 2. Ms. Sawyer asked about Conservation. Mr.Markey stated there is a fee set for that specific task. 3. Mr.Markey states that Dr.Trowbridge touched on two items: Warcfi 22,2007 North Andover Board of Health Meeting—Meeting Minutes Page 3 of 1 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,Jonathan Markey,Member;Larry Fixler,Member/Clerk;Anne Brennan, Member;I lealth Department Staff.Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Flealth Inspector; Pamela DelleChiaie,Health Department Assistant a. An estimating stage b. Engagement state Dr. Trowbridge states that the letter references Chapter 44,53G. Part of the process is that because this comes from Massachusetts General Law,he is not sure how much can truly be changed,and how much more the Board can stipulate. Clarification is certainly valuable. 4. Get clarification on what the determination is of a special account. Dr. Trowbridge states that the Accountant will put together a report and place into the Town report for special review. Would every line item of every account be indicated? VII ADJOURNMENT The meeting was adjourned at 8:00 p.m. Prepared bj: Pamela DelleChiaie Administrative Secretary Approved by: Larry Fixler Clerk of the Board Marcf:22,2007 North Andover Board of Health Meeting—fleeting Minutes Page 4 of 1 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,XID,Chairman,Jonathan Markey,Member;Larry Fixler,Member/Clerk;Anne Brennan, Member;Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector; Pamela DellcChiwe,Health Department Assistant i North Andover Board of Health 1 MEETING AGENDA THURSDAY, May 24, 2007 ? 7:00 p.m. j Town Hall Building 120 Main Street, 2"d Floor Selectmen's Meeting Room PRESENT Thomas Trowbridge,Larry Fixler,Anne Brennan, Susan Sawyer,Michele Grant,Pamela DelleChiaie I CALL TO ORDER The Meeting was 7:05 p.m. II PUBLIC HEARINGS None III APPROVAL OF MINUTES IV OLD BUSINESS A. BMP—Mosquito Control Forum On Wednesday,May 30,2007 there will be a meeting in this room with Walter Montgomery and Dr. Esteban Cuebas,Ph.D.Entomologist will be there as well. The intent is not to be technical,but more to be an informational session to discuss the risks this year,and what the Best Management Plan is,and the best level of protection. The essence of the meeting will be to present the plan. B. TBI Update There has been some movement about conditions in the site assignment decision. Some of the things have been a couple of conversations about how they committed a certain amount of money for traffic lights at Holt Road and Route 125. We are now opening this conversation with Jonathan Klaven,and will be in touch with Mass Highway. There have been groundwater findings,speaking with the state. The decision was worded specifically that a mechanism for surveillance with the traffic lights that will be approved by the Police Chief. They are researching systems that are available. On the hardware side of things,there are different systems. The question is whether the state will allow a third party system to be placed on the light pole. With regard to the project change there was a two foot separation between the waste handling and the groundwater level. Would we be interested in having another wastewater engineer look at this? Dr. Trowbridge spoke with Attorney Urbelis about a background discussion with a reference to the site assignment discussion. There may be an opportunity for public comments,but the aim is to not relive the hearing process. The Site Assignment decision Is under the purview of the Board of Health,and the Host Community Agreement is under the Selectmen. In December,the Board of Selectmen reached a settlement with the TBI party,and the recycling pickup. We are only a third party in that decision,but part of the process in moving forward. 911ay 24,2007 North Andover Board of Health Meeting—Meeting Agenda Page 1 of 4 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'Crowbridge,DDS,\ID,Chairman,Larry Fixler,Member/Clerk,Anne Brennan,Member I ealth Department Staff.Susan Sawyer,I Iealth Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaie,Health Department Assistant i i There are other conditions that we will be moving through as well. These are things for which the Board of Health will be a conduit,such as the video surveillance or traffic light systems. We are not the experts,but want to be sure that the people involved are doing their jobs. Dr.Trowbridge advised other board members to read the documents carefully and become familiar with them. The BOH has the final authority to issue an occupancy permit,building permit,and permit to operate. They are obligated to meet all these requirements before starting their operation. These are stipulations that they need to provide based on the hearings. V NEW BUSINESS Variance to Recreational Camp application deadline-Two recreational camps were present—Major League Soccer Camp and Rolling Ridge. Neither camp met the application deadline of May 1St. There is a lot of paperwork involved in reviewing the camps,and delays impede the process. A. Rolling Ridge Recreational Camp Larry Peacock of the Rolling Ridge facility presented. The camp has paid their fee along with the late fee. There are two sessions in July and August. Dr.Trowbridge confirmed that the camps start in July. Mr. Fixler asked how many children. There are 30-45 for Jr. High,and 25 for the Senior High. Ms. Sawyer stated that the Latchkey program out of Lawrence also uses this site for their camp. The facility is used year round,and there are more children in the summer. One staff person for every five people far exceeds the state standards. Dr. Trowbridge asked for confirmation if the late fee was paid in addition to the regular fee. He stated that part of the reason for the deadline is due to limited staff,the deadline allows for all of the paperwork to be reviewed in a timely manner. Motion Anne Brennan made a motion to grant the variance to the local regulations for the May 1St deadline. Motion was seconded by Larry Fixler. All were in favor. B. Major League Soccer Camp(MLS) There are many coaches from the UK working for this camp. Jack White was the representative from this establishment,along with Anton den Boggende,the North Andover Youth Soccer League representative/coordinator. Every coach goes through the CORI/SORI checks. They also have a CRB check as part of the Visa process. Ms. Sawyer states that with N.A. Soccer,there have been problems,as new people take over. Each year, the Health Department is re-educating those who run the recreational camps. There was a camp meeting and they were in attendance. Mr.Anton den Boggende,the coordinator for the North Andover Youth Soccer program had interviewed several camps, and there was a new organization. The last contact person who worked at this camp is no longer involved in MLS. There is a three-man team helping,and they will be forthcoming with information. There has been much communication going back and forth. Some of the documentation was not updated as it should have been. Ms. Sawyer states that the complete paperwork review takes some time. If 90%of the camps submitted notes stating that more information would be forthcoming,the process would not be completed. Way 24,2007 North Andover Board of Health Meeting—Meeting Agenda Page 2 of 4 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,Anne Brennan,Member Health Department Staff.Susan Sawyer,Health Director; Debra Rillahan,Public I lealth Nurse;Michele Grant,Public Flealth Inspector;Pamela DelleChiaie,Flealth Department Assistant 1 i 1 She was notified by NASA stating that they wanted to conduct the process correctly. At the end,the ball j was dropped. Massachusetts offers great protection for the children. The Town of North Andover is devoting the time to make sure the local regulation is followed. Dr.Trowbridge asked about the contract. The contract changes year to year. J Motion Larry Fixler makes a motion to accept the motion to accept the application as delivered on May 4`" Ms.Brennan seconded the motion. All were in favor. Dr. Trowbridge wanted to discuss theoretical issues regarding issues related to camps and being late. What would happen if a camp was operating without a permit? The Health Department would go with the police and shut them down. Windkist Farm is a new camp. One of the camps from last year now operates as a clinic. Camps must meet certain regulations to be a camp.Ms. Sawyer noted the camp regulation from the Department of Public Health. VI COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION A. Well regulation changes A couple of years ago,a situation arose about a well to be installed on a property that also had access to Town water. It was proposed that this would be changed to only in the watershed. She had mentioned that there were some other things not quite right with the regulations. She took the existing regulation and made notations with asterisks, and crossed off the areas she wants to alter. The next document is what she proposes. She consulted with Linda Hmurciak of the Water Treatment Plant about testing well water with a list of items,including which tests,and how much they cost,etc. The Board may want to change the parameters. What do we want a new well to be tested for? A decommissioning proposal was presented (which is out of a state guideline). A lot of documents were downloaded from other towns to see what they have. Many of them are old. We would like to have a database of wells,but there is no method of capturing the data at this time. Dr.Trowbridge asked about regulations which do not state where the well is specifically placed. Ms. Sawyer states that there are no state regulations regarding wells,so we are the regulating authority. In the past,the Board of Health was addressing the wells in the drought situation. The previous Health Director did research on tapping into aquaphors. Section 2.8 allows the latitude to make a decision to not allow additional irrigation wells. Registration of permits was deemed to not register them. It has been in the regulations for a long time,but not in force. The goal is to eliminate anything which is not deemed appropriate. The watershed issue is found on the second page. A lot of the regulation is very similar to the state. Michele Grant brought up the Foster Street well that was about two feet across,and had toys inside it. Note: See Susan for copies of the draft well documents and information from Linda at the WTP. Susan will e-mail the link to the state regulations for wells. ANNOUNCEMENTS Jonathan Markey has moved out of North Andover, and has left the Board of Health. Dr.Trowbridge thanked him for his service and knowledge with respect to septic systems. It was a valuable resource to have someone like Mr.Markey on the Board. Notification was made to the public that there are two available openings on the Board. . fay 24,2007 North Andover Board of Health Meeting—Meeting Agenda Page 3 of 4 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 Ilealth Members: Thomas Trowbridge,DDS,MD,Chairman,Larry F^ixler,Nlember/Clerk,Anne Brennan,Member Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Hcalth Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaie,Health Department Assistant Legal Document Two months ago,there was a document from Atty.Urbelis re:response to the Board meeting. It needs to be sent out again. He responded to each one and stated that yes there is latitude to make changes. It was suggested that all Boards issue permits and act individually. We will send it again, Incident Command Training The ICS training was done on a recent Saturday. Mr.Fixler attended. There were about eight people present for the whole ICS tour. Perhaps before the summer is over,can we ask Martineau if he is interested in hosting another training. Mr.Fixler stated that he never received his certificate. He will need to check directly with Deputy Martineau. EDS(Emergency Dispensing Site)Plan Ms. Sawyer states that Ms. Rillahan has visited volunteer groups in the community re:the EDS plan,and medical and non-medical are needed for it. She attended a Lions Club meeting,and she got a proposal and an actual vote that the whole club would support any EDS event,and will come up with a way to communicate this. They could supply us with a number of people if needed for various EDS programs. She is going to present at the Knights of Columbus next. Ms Sawyer mentioned that the MRC(Medical Reserve Corps),which is part of 1 I communities,were supposed to be doing this,and for 4-5 years,were the recipients of a grant to do this. Nothing has been brought to our Town,and some other Towns,and as a member of the greater coaltion,can form another MRC around a bioterrorism group. This consists of seven communities. A letter is going out this week. The new group is applying to the Federal Government as the Greater River Valley MRC. This is a positive,as we can help each other out. A reference was made to the MRC mutual aid document. There is one big pot of money that goes to one person through each MRC,and everyone gets a piece of the pie. The Town of Reading is putting in seven hours to get this project up and running. VII ADJOURNMENT The meeting was adjourned at 8:25 p.m. Prepared bv: Pamela DelleChiaie Administrative Secretary Approved by: Larry Fixler Clerk of the Board Way 24,2007 North Andover Board of Health Meeting—Meeting Agenda Page 4 of 4 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,NO,Chairman,harry Fixler,Member/Clerk,Anne Brennan,Member 1 Iealth Department Staff.Susan Sawyer,Health Director; Debra%Mahan,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela DelleCluaie,IIealth Department Assistant i North Andover Board of Health MEETING MINUTES THURSDAY,June 28,2007 7:00 p.m. Town Hall Building 120 Main Street, 2"d Floor Selectmen's Meeting Room Present: Thomas Trowbridge;Anne Brennan;Larry Fixler;Michele Grant;Debra Rillahan;Pamela DelleChiaie Absent: Susan Sawyer I CALL TO ORDER The meeting was called to order at 7:00 p.m. II PUBLIC HEARINGS III APPROVAL OF MINUTES A. May 24,2007—Meeting minutes for signature-pending additional review B. Apri126,2007—Meeting minutes for signature—approved and signed C. March 22,2007—Meeting minutes for signature—approved and signed The minutes for March and April were approved. The May minutes still need to be reviewed further. IV OLD BUSINESS A. Continuation of Well Regulation Review The Board members provided their thoughts on the revisions to the well regulations.The Duxbury Regulation was very thorough. The model regulations show 150 feet. Our regulations show 100 feet. There is some science,but some art to it as well. Being consistent with the 100 feet is fine. There would not be two water systems;a sunken well would not connect into the town system,or second system onto the process. The revised version was vague. There is a fine of$50-$100 upon conviction.Duxbury is very explicit on everything that happens. We could strike a compromise. Everybody needed to submit a registration when these regulations were put into place. We know where monitoring wells are,but not private wells. DPW is doing a survey now about wells. We know about wells through new applications,if it is indicated on a septic plan,or on a neighbors' property. Ms. Grant noted that a lot of people do use wells for irrigation,but children and animals may drink from the hose,and the water could be contaminated. Dr.Trowbridge indicated that Ms. Sawyer should speak with the Town Clerk about sending out a survey. Ms.Rillahan will Linda Hmurciak and ask her the best way to get the information. There should be a standard in the industry for the types of testing to be done. It would be a good idea to call local labs and ask for standard practices. Ms. Grant stated that there are standard tests that we ask for. Title 5 reports indicate if there is a well on a property. We could gather the information off of this report and note where the well is. Ms. Grant notes that there could be a contaminant in the area,and we would know if was spreading by having residents test their well water. Mr.Fixler asked what the liability of the Board of Health would be. Ms. Rillahan states that we do not inspect, issue a permit,etc. This cannot be squeezed into everyday filing. Other towns have regulations,but we don't know what each of them do. We permit when someone wants to drill a new well. jime 28,2007 North Andover Board of Health Meeting—Meeting Agenda Page 1 of 4 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 Alembers: Thomas Trowbridge,DDS,MD,Chairman,Larry Filer,Member/Clerk,Anne Brennan,Member Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;A-Iichele Grant;Public Ilealth Inspector;Pamela DelleCNaie,Health Department Assistant Mr.Fixler notes that our responsibility should end with issuing a permit. Ms. Rillahan notes that we could always do a reverse 911 call to notify residents of an environmental spill. A timetable of when to check on wells was discussed. Would it be change of ownership,when a Titles is done, every year,every other year,etc. We have to consider the costs of any testing involved. If contaminants are found, whose responsibility is it to take action? Ms.Grant told a story of snakes being found in her fathers' well. They had to drain the well, and had it tested. Not everyone has a properly drilled well if it is older. Ms.Rillahan states that if we know where the wells are,if something went wrong around them,we could send something out.Mr.Fixler notes what if you have an old home, and someone builds a new home,the neighbor may have a well,and no one may know about it. Ms. Grant noted that on a Title 5 Report they are required to disclose if there is a well within so many feet of a septic system. If the neighbor does not know where the well head is,they cannot say where it is. Septic systems can affect the potable water. Dr. Trowbridge asked Ms. Rillahan to speak with Linda Hmurciak and see how we can send out a letter,or get the information out through some means. V NEW BUSINESS A. Dynamic Skating—Variance to the local regulations regarding the May 1st deadline. This application was not received on time. John was present and is the owner,and camp was reviewed today. Ms. Rillahan reports that there were staffing changes,and paperwork still missing. This would be okay as long as there are no outstanding problems. A lot of medical forms were missing,but no one will attend without proper forms. Ms.Rillahan will be there to check on the forms. She suggested one person request the paperwork and another person to check on the forms. Motion: Mr.Fixler made a motion to allow the variance to the May I"deadline. Ms.Brennan seconded the motion. All were in favor. B. Windkist Farm—Request of Patricia.Lambert to request relief from 430.631 of the Massachusetts Camp Regulations. This is a camp of 10-16 children a week for horseback riding. The camp has been around since 1996. The plan was not received on time,but the application was submitted on time. They have been running programs,but did not realize they were a camp. They did not realize that since May,they needed to have paperwork in 90 days in advance. There is a lot of paperwork,and so far,all policies and procedures look okay.The only issue holding them up is the Occupancy Permit. Ms.Lambert will need a variance and an occupancy permit. Ms Rillahan will be going to the inspection for the occupancy permit on July 6t". The variance is for not getting the paperwork in 90 days ahead of time. It is the 90 day time period at issue. The water supply is private,and did come back okay. The septic is not satisfactory at this time,but they are getting the portable outhouses. The Title 5 Inspector is scheduled to go out to certify that the septic is okay,as groundwater is far enough down. Motion grate 28,2007 North Andover Board of Health Meeting—Meeting Agenda Page 2 of 4 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'frowbridge,DDS,MD,Chairman,Larry Fixler,Member/Clerk,Anne Brennan,Member Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaie,I Iealth Department Assistant Mr.Fixler made a motion to allow the variance for 90 days for Windkist Farm. Ms.Brennan seconded the motion. All were in favor. VI COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION A. Arboviruses in Northeastern Massachusetts in 2007—Information Packet from the Northeast Massachusetts Mosquito Control and Wetlands Management District. Ms.Rillahan states that this will be presented on the HAN—Health and Homeland Alert Network. Staff need to attend the training to be part of the network. This system is the alert for any public health issue,food recalls,etc. The information can be received through the computer,home,or cell phone. The training is a couple of hours in length. The reports will arrive each Monday. The report will indicate if any birds test positive,etc. The Health department also received information on how to get a tick tested. B. TBI Updates Dr.Trowbridge has some information to pass along. What is happening is that Ken Kimmel,the previous attorney and now,Jonathan Klavens had some updates about the traffic light installation at Holt Road. A permit is needed from Mass Highway. In order to get certain kinds of lights,a warrant is needed. That intersection with a build out would not meet need for a red,yellow and green light. They would agree with a flashing yellow light pointed north and south,and flashing red light from Holt Road. Also,rectangular signs flashing from coming out of Holt Road,would light up to caution that there is traffic ahead. The flashing part only goes on if traffic is coming in from the other way. The State wants to allow a certain amount of latitude to the local communities. The Town and the developer need to reach an agreement of one or both of those systems being put in. It is up to developer to have an engineer put in a plan,and Mass Highway to issue the permits,and it is the responsibility of the developer to have it constructed. Once the lights are up and running,Mass Highway assumes ownership. The developer will pay for the power to the system,but Mass Highway will control it. The developer will pay for the cost of a video surveillance system to monitor this area. Once Mass Highway assumes ownership,they would not allow third party to install this system on their poles. The Police Department technology person used to be in this business,and is going to look into it,but they want a system that could be hooked into the Mass Highway existing system. Dr. Trowbridge would like Ms. Grant speak with the technology support person for the police department,as he used to work with video monitoring of vehicles. Also,there is a question as to how this information is going to be collected,such as where would the data go,be monitored,checked,etc. It is still a logistical problem of getting it all done. It is a requirement to demonstrate the final plan will meet the regulations to abide by the trash regulations. The floor will be a minimum of two feet to the groundwater level. During the hearing,there was an agreement that could be done,but not proven. The demonstration that there was a possible violation was brought up by an abutter. One of the conditions is to put in test pits,monitor,and collect the data. So,a consultant look at data,analyze it and to see if it meets the criteria. Would it be reasonable to have another consultant look it,to have a fresh perspective,and not biased by the previous recommendation? Since the time of the site assignment,they have looked at a lot of groundwater levels. The developer has purchased the abutting land,and has only seen a sketchy draft of what they are going to do with the septic system. We are open to comments as to whether it would be appropriate have an engineer look at the plan. It is not a requirement to look at all the regulations,but it is limited. Mr.Fixler asked who is paying for the consultant. There is money left over in the TBI account to pay for this. Dr.Trowbridge has yune 28,2007 North Andover Board of Health Meeting—Meeting Agenda Page 3 of 4 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 Ilealth Members: Thomas Trowbridge,DDS,MD,Chairman,Larry Fixler,Member/Clerk,Anne Brennan,Member Health Department Staff.Susan Sawyer,Health Director; Debra Rillahan,Public Ilealth Nurse;Michele Grant,Public I Iealth Inspector;Pamela DelleChiaie,I3ealth Department Assistant done some research,and wants to make a suggestion. The consultant costs would not go over$5,000 so therefore,it would not need to go out to bid. Dr. Trowbridge found information on a company that works with municipalities. They also currently work with the North Andover DPW. He spoke with the engineer,Blake Martin,and with Bill Hmurciak,who states that he has had experience with them for 20 years which shows their experience. He will also attempt to get references from another Town as well. VII ADJOURNMENT The meeting was adjourned at 8:20 p.m. Prepared by: Pamela DelleChiaie Administrative Secretary Approved by: Larry Fixler ` Clerk of the Board ,curie 28,2007 North Andover Board of Health Meeting—Meeting Agenda Page 4 of 4 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 Fixlcr,Member/Clerk,Anne Brennan,Member Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;nrichele Grant,Public I lealth Inspector;Pamela DelleChiaie,Health Department Assistant I i North Andover Board of Health MEETING MINUTES Thursday August 23,2007 7:00 p.m. Town Hall Building 120 Main Street,2nd Floor Selectmen's Meeting Room „ Present: Tom Trowbridge, rry Fixler,��Joseph m .m. �,.,, g , Larry eph McCarthy, Susan Sawyer,Debra Rillahan I CALL TO ORDER II PUBLIC HEARINGS None III APPROVAL OF MINUTES A. June 28,2007—Meeting minutes approved as written B. May 24,2007—Meeting minutes approved as written IV OLD BUSINESS A. Continuation of Well Regulation Review—Susan Sawyer was looking for some clarification of the Boards position as she was not at last months meeting. Discussion ensued over the purpose of the well regulation.Presently the well regulations focus on new construction and abandonment. There is no monitoring program. The health office would like to establish a well registry or at minimum a list of wells we are aware of. Discussion about how to find them and whether to enforce testing of the wells.Deb Rillahan discussed looking into funding or grants to pay a consultant to find the wells.The board could use the list to send out educational materials and it would help in identifying where and what type of wells we have in town.The issue will be brought up at a future meeting after more research is completed. Item continued. V NEW BUSINESS A. 17 Lacy Street—Request of Ben Osgood of New England Engineering for a Local Bylaw Variance Approval—Reduction in offset distance between the deck and the leach bed from 10 feet required to 6 feet. Sean Brasel was present representing New England Engineering.He reviewed the variance request from Ben Osgood the engineer on the project.He explained the reasoning for the variance. Susan Sawyer noted that there must be an additional variance for this plan.North Andover local regulations require the above ground pools to be a minimum of 10 feet fi•om the leaching area. This pool is 6 feet from the pool.Larry Fixler questioned the need for the variance as this type of Presby leaching system can be bent in ways that might alleviate the issue. Sean explained the slope issues and the adjustments that would be needed if he changed the plan.Mr. Fixler also voiced concerns over the run off and the pool and how it could affect the septic leaching area. Motion: Ultimately,there was a motion to approve both variances and the final upgrade approval will be left up to Susan Sawyer. Susan will check into the deed restriction issue and speak with Ben Osgood and Dan August 23,2007 North Andover Board of Health Meeting—Meeting Minutes Page 1 of 3 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,Anne Brennan,Member;Larry Fixler,Member/Clerk,roe McCarthy, Member,Health Department Staf£Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector; Pamela DelleClva e,Health Department Assistant i i Ottenheimer of Mill River.The motion was presented by Mr.Fixler and seconded by Ms. Brennan. i I VI COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION A. Wireless Committee designee—Dr.Trowbridge explained how the last Town Meeting set up an ad-hoc committee to work on the wireless communication bylaw. Of the I I members,one Board of Health member was requested to serve on the committee. Larry Fixler will be that designee. Since that time,Town Counsel has provided a document to the Board of Health which cites numerous case law on what parameters can be used or not used in setting up wireless bylaws. The document is entitled,"Telecommunications Review Committee Pursuant to Article 35 of the 2007 Annual Town Meeting"The interpretation is basically that no town may make a designation of the location of wireless facilities on the basis of environmental or health concerns.The members agree that this clearly limits the designee of the Board. The board and staff members discussed the various positions on this highly contentious issue,including the public safety issues that face family and friends due to lack of cell coverage. B. Discussion of a sample Immediate Response Action(IRA)Plan for Fuel Oil Spill-Susan Sawyer received the documentation to close an oil spill case that was responded to by Larry Fixler. As board members they often get called out to a variety of public health situations. They are one of many departments that are called upon by Police dispatch to assist. In addition to their efforts to assist in identifying health concerns at that time,it is important to be sure that proper follow up is done by professional companies. In the case of spills,the owner contracts with a LSP Licensed Site Professional to investigate,document and oversee the clean up.Their final task is to submit a report such as the sample brought this evening. As a public service announcement,Larry Fixler took a moment to address the viewers on the subject of oil spills caused by aging oil tanks.He urged homeowners to have their tanks and system checked for leaks and rust. Indications that could later trigger a serious health issue and an expensive clean up. Susan Sawyer also mentioned that any oil lines that are laid in the floor are likely not sleeved;therefore if they break the oil seeps into the ground under the floor and result in a financial and environmental catastrophe. C. Board of Health Certification.Form—Adjudicatory Hearing Sessions—Recent changes in the legislature will affect the Board members. Susan Sawyer explained that previously if a member missed a hearing that ran for more than one meeting,the member could not vote at a subsequent meeting.The document explains that a board member may miss one meeting and sign a form that ensures that they have reviewed all pertinent information from the missed meeting. With that signed form presented,the member may vote on the issue. D. Standing Orders for the Shingles Vaccine. Deb Rillahan explained the need for obtaining a standing order to administer the shingles vaccine. She presented a model for Dr.Trowbridge to review.A final. copy will be forwarded to Ms.Rillahan for signature.The Shingles vaccinations will be available on a limited basis for$25 to elderly residents over 60 years of age with restrictions.We will be beginning this immediately. E. TBI Construction and Demolition recycling Facility update—Dr.Trowbridge gave out supplemental packets.First packet was from TBI's attorney dated 6/26/07.Implications of Acquisition of Property adjacent to TBI and gave out Revision Conceptual Site Plan 6/26/07. The second packet was the final letter form Massachusetts Highway dated 8/2/07.This letter states what Mass. Highway will allow for signaling at the intersection at Holt Road and Rte 125. August 23,2007 North Andover Board of Health Meeting—Meeting Minutes Page 2 of 3 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,Anne Brennan,Member;Larry Fixler,Member/Clerk,Joe McCarthy, Member,Health Department Staff;Susan Sawyer,I Iealth Director; Debra Rillahan,Public Health Nurse;1\1ichele Grant,Public Health Inspector; Pamela DelleChiaie,Health Department Assistant Meeting adjourned at 9:00 PM VII ADJOURNMENT Motion to adjourn 9:OOPM Prepared bv: Susan Sawyer, Health Director Approved by: .� Larry Fix�e'r Clerk of the Board August 23,2007 North Andover Board of Health Meeting—Meeting Minutes Page 3 of 3 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,Anne Brennan,Member;Larry Fixler,Member/Clerk,Joe McCarthy, Member,Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector; Pamela DelleChiaie,Health Department Assistant North Andover Board of Health MEETING AGENDA THURSDAY, September 27,2007 7:00 p.m. Town Hall Building 120 Main Street, 2nd Floor Selectmen's Meeting Room Present: Larry Fixler,Joseph McCarthy,Anne Brennan, Susan Sawyer,Pamela DelleChiaie I. CALL TO ORDER The meeting was called to order at 7:00 p.m.by Larry Fixler,Acting Chairperson. II. PUBLIC HEARINGS An invitation to present any hearings not on the agenda was offered by Mr.Fixler. There were no responses. III. APPROVAL OF MINUTES Meeting minutes from August will be presented for signature at the October meeting. IV. OLD BUSINESS Update on the TBI Process Ms. Sawyer presented the following information:The Ad Hoc committee is working with the Town Attorney to draft a proposed agreement on the site plan. Dr. Trowbridge is a member of the committee. The recycling committee and the engineer were consulted and they are moving forward with their plan review. The Health Department is working together with the North Andover Police Department regarding video surveillance,and other possibilities,such as speed pass type of device for trash trucks. Therefore there are various groups looking at all aspects of this. TBI is also working with Conservation and Planning through their processes. We have received a copy of the 400 page construction application that went to the state. V. NEW BUSINESS Tobacco Violations Ron Beauregard has been with Healthy Communities since 2001. There are many other communities involved. They work with all these communities formed in the mid to late 1990's to empower each BOH to work on its behalf of all tobacco control. He regularly checks retail stores that sell tobacco products. The fiscal agent is the Town of Andover. All of the communities as part of the collaborative share the services. In 2001,there was a staff of 3.5,the budget was$150,000,and there were 6 communities. Now,there is a staff of 1.5,there are 12 communities,and the budget is about$80,000. The State requires three compliance checks per year. Mr. Beauregard sends youths ages 15, 16,and 17 to attempt to purchase cigarettes to determine if there is an identification requested. These are not malicious, intentional acts committed by the sales clerks. They are mistakes that we are trying to cut down or eliminate. The number one money maker for retail is tobacco. After prescription drugs,next biggest profit makers are tobacco. Mr.Fixler asked if all the retail stores have a permit. They are all aware of it,and sign a statement that they understand the laws,and took educational material. All employees must sign a statement saying that they will abide by the rules and regulations,and will not sell tobacco to people under 18. There is an affidavit that they all sign. a. A.L. Prime Energy— 1725 Turnpike Street Mr.Beauregard passed out paperwork about the tobacco sale. The same protocol was followed. This is the gas station just before Middleton. A 15 year old purchased tobacco at 2:05 p.m. No identification or age was asked. The clerk was an adult male. The purchase was for$5.15. The last sale was August 26,2005. This sale was eight days difference from last year. There was acknowledgement,and regret by the seller. i This site has been very good up to this point,and has consistently done a good job. Basil Zaza,the manager of this location for 13 years was present. The employee who made the sale was hired 8 months ago. They have a procedure,and the employee is educated about the rules and regulations. Mr. Beauregard will send a report. For North Andover,this is an aberration. Mr.Beauregard states that perhaps a less number of days,and for six months mandate a 6 month all identification policy. Motion Ms.Brennan makes a motion to suspend tobacco sales for 4 days,and a$50 fine for the employee. Mr.McCarthy seconds the motion. All were in favor. Mr.Beauregard passed out some paper with historical rates of sale. There was a ratio of one sale for 86 checks. b. North Andover Shell—980 Osgood Street A teenage girl went in and purchased cigarettes for$5.50. Mr. Beauregard goes into the establishment roughly 5-1.0 minutes after each sale. The last sale for this establishment was in March 2006. There was also a sale during the suspension period at that time. Since that'incident,there has not been a sale until recently. There have been past incidents,but for the past year and a half,there have been no incidents. Mr. Fixler asked how often Mr. Beauregard goes to each establishment. He states that he goes four times a year for the quarterly checks. Ms.Brennan asked to clarify that from April 2006 to August 2007,there were three visits. John Ferreria, the owner,was asked to stand at the podium. He explained that his employee is slightly learning disabled, but he has been with him for a long time,and he is a good employee. He tries to help this employee,and does not want to"throw him out on the street." Ms. Brennan asked how Mr. Ferreira tries to work with him. He states that he talks to the employee on a daily basis. The$200 fine was paid. The recommended suspension, is that it could be prudent financially, not to sell tobacco and the cases could be locked up. Mr. Beauregard does not agree with firing someone who makes the sale. Many gas(service stations)choose not to sell tobacco anymore. He recommends either a seven day suspension,or a three to four day suspension and a lock on the display when this employee is alone;or,go to an all identification policy. This takes all discretion away,and does not burden the employee. Mr.Ferreira states that he will lock up the tobacco while the attendant is working by himself. This sounds like a person issue,not a whole policy issue. Mr.Beauregard recommends a three day suspension in addition to a locked case in three weeks time. He will send a letter confirming the days/time,etc. Motion Joseph McCarthy makes a motion for a three day suspension as well as a lock up of the tobacco products when this employee is working. The motion was seconded by Anne Brennan. All were in favor. C. Richdale—4 Main Street Mr.Beauregard stated that the sale occurred at 12:27 p.m. on August 14th. . A teenage girl presented a$5 bill and a$1 bill,and was not asked for an identification or her age. Mr.Beauregard went into the establishment 5 minutes after the sale. He spoke with the clerk at length. The establishment has paid the ticket. Ms. Sawyer asked about the last sale. It occurred in November 2005. They almost made the 24 month period with no sales. Mr. Fixler asked how many times from November 2005 this establishment was checked. It was confirmed that they had been checked six or seven times. They were doing very well. Mr.Fixler asked for the owner to stand at the podium and asked for his name: Mohammed Alam. Mr. Alam He states he was working himself that day, as his wife had cut her finger. He got call that his father had died that morning. He had not seen his father for the last four years. He made a mistake because of this. He paid the$200 fine, and he is sorry for his mistake. Mr.Fixler stated that the role of the Board of Health with regard to tobacco enforcement is to educate,to do well,and succeed. We hope to protect the minors in the community. Our role is not to attack people with a heavy hand,but to find out what happened and learn from mistakes. When the first violation occurred in 2005 who was on duty? It was an employee. Mr. Fixler asked how often are people identified,and asked Mr.Beauregard for a recommendation. Mr.Beauregard stated that he was not made aware of the death of Mr.Alam's father at the time. Mr.Beauregard would recommend a suspension as a message to the community. If an identification was not asked of this girl,perhaps it was not asked for of others. It is a very dangerous product. He does not think a 3-day sentence is onerous. At some point,there has to be a responsibility of the establishment. Mr.Alam has owned the store for 7 years. The prior employee left in 2006. Ms. Sawyer asked if there are any other improvement thoughts. The kids have usually been shooed away,and the establishment has done very well since the first sale. Perhaps they could choose the slowest three consecutive days for a suspension. Mr. McCarthy states that it is important to be fair and impartial,as it is business. Motion Mr.McCarthy made a motion to have the suspension will be for a three day period and to use the flexibility of the suspension with Mr.Beauregard. Ms.Brennan seconded the motion. All were in favor. Note: Discussion ensued. Mr. Fixler states it is seven days in the regulations,but the Board also has the authority to reduce it. We still have to maintain accountability;even though every case is different. He recommends checking all identification. Ms. Brennan asked if there are a large number of employees. It is just Mr.Alam and his wife, and one employee. d. Massage Therapy Establishment Variance Request—from Regina D.Kmet-Schulman, LCMT,NCBTMB,MLD/CDT and Gerry Smeets-Anson,LCMT,NCBTMB regarding the North Andover Massage Therapy Establishment Regulations: Regulation 6,Paragraph E, for Suite 110,located at 451 Andover Street,North Andover. Gerry Smeets-Anson was present,but there was a conflict,as she has done work at a nursing home that Ms. Brennan worked at. Mr.Fixler stated that Ms.Brennan needed to step out,and they are unable to vote tonight,as there is no quorum. Board members can listen,but they cannot vote. The Board can provide thought and direction. Ms. Smeets-Anson and her colleague have worked together for nine years. Their lease will be up soon. The building on Andover Street has two rooms and a waiting room. They would like to put a bathroom in the kitchenette area,but cannot,because of tenants underneath. However,there is hot and cold running water. There is a bathroom diagonally across from the space,and they can use the space. There is a handicap bathroom on the floor below. Mr.Fixler asked if it is 300 feet to get to handicap bathroom? Yes. The owners are not planning on putting handicap bathrooms on other floors. These are the same issues in all the buildings they have looked at. Usually, small spaces do not come with built in bathrooms. This is just general discussion. What kind of privacy do people have for changing? They disrobe in room with the door closed. Clients cannot walk around in robes. They need to put clothes back on and go to the bathroom. Every unit has a key to the bathroom. There is a feeling of security that the bathrooms are locked. Mr. McCarthy stated that since the Board is not in a position to vote, it would be more comfortable if there was input from the Health Department such as having Ms. Grant view the space. The Board will need proof from the owner stating that they cannot revise the space. Mr. Fixler is concerned about the issue of privacy,and walking to the bathroom. Ms. Smeets-Anson asked what a comfortable level of privacy would be. Mr.Fixler stated that the Board needs to turn this back to the applicant to prove undue hardship about finding space. There needs to be a very strong reason as to why a variance is needed to the regulations. VI. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION Mercury Reclamation Program—Pat Scanlon,Director of this program,will speak Mr.Pat Scanlon is the coordinator for the program for 75 communities. This program has operated for a period of seven years. The goal of the program is to reduce the amount of mercury in the environment. There are currently over 100 bodies of water with mercury contamination. Mercury is a heavy metal element. In the past,mercury was found in household batteries,and in anti-gassing agents. The buildup of hydrogen gas was counteracted by using mercury. Mercury is still in button cell batteries,fever and lab thermometers,thermostats,sphygomamameters (blood pressure Units),and mercury switches. During the Civil War,doctors actually injected mercury into soldiers as an antibacterial agent. The old"pee lights,"had mercury in their switches. There are five trash to energy facilities,which handle 95%of trash from the Worcester area on over. EPA got involved in the goal of mercury reduction,and a law went into effect in May that Mercury thermometers are illegal. For every ton of trash,there is 50 cents put aside to pay for this program. This is part of the contract with Wheelabrator. Every community gets a Mercury Recovery Program board advertising it. There are two ads in the spring,and two ads in the fall. The program is also providing storage sheds to store lightbulbs containing mercury. If plumbing supply and other supply stores get contractors to bring in thermostats, they get a$3.00 rebate. Envirosafe provides an accounting of how many items brought for recycling,and what types. The products are sent to a processing plant,heated, cooled, and then the mercury goes back into commerce,such as bulbs, etc. VII. ADJOURNMENT The meeting was adjourned at 9:55 p.m. Proared bX: Pamela DelleChiaie Administrative Secretary Approved by: ) Larry Fixler Clerk of the Board i I North Andover Board of Health MEETING AGENDA THURSDAY, October 25, 2007 7:00 p.m. Town Hall Building 120 Main Street,2nd Floor Selectmen's Meeting Room Present: Dr. Trowbridge, Larry Fixler,Joseph McCarthy Francis MacMillan,Jr.,M.D., Susan Sawyer,Pamela DelleChiaie I CALL TO ORDER The meeting was called to order at 7:08 P.M. II PUBLIC HEARINGS None at this time. III APPROVAL OF MINUTES A. August Minutes to be presented for signature Mr.McCarthy made a motion to accept the minutes,seconded by Dr.MacMillan. The minutes were signed by Mr.Fixler. All were in favor. B. September Minutes to be presented for signature Mr.McCarthy made a motion to accept the minutes, seconded by Dr.MacMillan. The minutes were signed by Mr.Fixler. All were in favor. IV OLD BUSINESS A. Update on the TBI Process The Ad Hoc committee met and is re-working the draft of the agreement between the Town of North Andover and TBI. i. Letter from Mackie Shea O'Brien dated October 9,2007 A traffic light is needed at the intersection of Holt Road and Route 125. Dr,Trowbridge spoke with representatives from various departments. Mass Highway will accept one of two options: flashing yellow, facing North to South or a Red Light to Holt Road and Route 125. After the Police Department surveyed the area and looked at the traffic quantity in the area,Lt. Carney felt that both of those systems would make it congested. Mass Highway liked the idea of yellow and red signals, so that is most likely will happen. Dr. Trowbridge referred the Board to the last page of their packet. Signalization on the highway will work and be developed. The developer will hire an engineer,who will do the design,and a builder will install it at the intersection,then Mass Highway will take it over. The developer will pay the ongoing costs of the electricity. One of the other conditions of the site assignment is that there would be surveillance of truck traffic. The Town IT person will develop a system that will come up with a monitoring system,not just video. He is looking at a speed pass type of system. This would then be programmed with different areas, such as where they turn,left and right,etc. Chief Stanley will need to look at this as well. The Health Department would like this system to help with the yearly permitting process as well. The liaison for this project is getting prices and looking into different companies. octoder25,2007 North Andover Board of Health Meeting—Meeting Agenda Page 1 of 4 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,Anne Brennan,Member;Joseph McCarthy, Member;Francis P.MacMillan,Jr.,M.D.,Health Department Staff.Susan Sawyer,Health Director; Debra l illahan,Public Health Nurse;Michele l Grant,Public Plealth Inspector;Pamela DelleChiaie,Health Department Assistant ii. Letter from Weston&Sampson Engineers Previously,the Board of Health had selected an engineer to review the site plan,and the groundwater clearance numbers. By Mass General law,there needs to be a two foot groundwater clearance. This was reviewed with DEP. The plan that we had submitted,did not include the subsurface water system on the un-sited,vacant lot that the developer owns. A plan was recently submitted. There was a plan for the types of drains specially designed for oil separators,maintenance. This was received on CD. This is more of a re-review,than a new review. Mr.McCarthy noted that the application is about 400 pages. There is not that much detail,and he would like to know more about it. We still need preliminary information about the inside of the air filtration system,pulse jet,etc. Dr.Trowbridge states that the authorization to construct will be reviewed completely separately,such as groundwater. Mr.Fixler noted on page 371 that the roll filter and fabric filter,and their engineer recommended the higher filtration,4 grains per '1,000 cubic feet of air. They felt that long-term,more maintenance with the roll system. B. Continued-Massage Therapy Establishment Variance Request—from Regina D. Kmet-Schulman, LCMT,NCBTMB,MLD/CDT and Gerry Smeets-Anson,LCMT,NCBTMB regarding the North Andover Massage Therapy Establishment Regulations: Regulation 6,Paragraph E,for Suite 110, located at 451 Andover Street,North Andover. In September,the applicants came to the meeting,but there was no quorum,so they are appearing here at this meeting for a variance. The Board needs to determine what the hardship is. The variance is to not have the bathrooms located within the premises. The proposed location is across from Bertucci's and Merrimack College. They would like to relocate to that building, and chose this unit. Ms.Grant did go down to the site, and looked at the hallway to see the distance from the door to the bathroom. It is approximately 60-65 feet. There is a handicap bathroom that is 300 feet away,downstairs on the first floor. Regulation 6,Paragraph E. states that there should be a bathroom within the premises to provide adequate privacy. They currently work in a Dr.'s office in Andover,and the space needs to be used for another Dr. There is a workshop area that Ms. Schulman will use. Mr.Fixler noted that when you go into a Dr.'s office,everything is within eye distance, and more convenient for the client. Motion: Mr.Fixler made a motion to grant the variance to allow use of the bathroom in the common hallway area,and Mr.McCarthy seconded. It was agreed that a sink was also to be installed. All were in favor. V NEW BUSINESS A. Butcher Boy, 1077 Osgood Street—To discuss current use of trailers for food storage Request has been withdrawn until further notice.—WITHDRAWN B. J&M Main Street—There are regulations regarding dumpsters. They must be enclosed and on a cement pad. There are many dumpsters in Town. When a new applicant comes in,we ask the establishment to comply with the regulations. J&M Subs is requesting a variance to this regulation. Chris Vasilopoulos recently purchased this business. He surveyed the property,and noted that the fence would have to be 12 feet wide,and 10 feet deep. It would take away three parking spaces. The landlords looked at the area,and agreed. Mr.Vasilopoulos will work on keeping it clean. The Octo6er25,2007 North Andover Board of Health Meeting—Meeting Agenda Page 2 of 4 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,Anne Brennan,Member; Joseph McCarthy, Member;Francis P.MacMillan,Jr.,M.D.,Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Ilealth Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaie,health Department Assistant dumpster is currently sitting on the pavement. The current parking available is for the tenants. Dr. Trowbridge suggested submitting a model of a plan to know what efforts they are doing to keep the area clean,and documentation as to how they are handling it. This is a hardship due to space. If the business is required to put up a fence,it will take away needed parking space. We have a plot plan of the area. The new permit will be issued after November I". We will need an operations,maintenance and cleaning plan. Motion Grant the variance to having a requirement of the enclosure. Mr.Fixler makes a motion to grant the variance to having a requirement of the dumpster enclosure. In addition,the Board of Health requires a plan of action on the dumpster,such as proper maintenance,grease trap cleaning,etc. Mr.McCarthy seconded the motion. All were in favor. A plan will be forthcoming. VI COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION A. Introduction of New Board Member: Francis P.MacMillan,Jr.,M.D. B. Development of Health Regulations for the use of Outdoor Furnaces—Information and Feedback session The Board of Health currently has no regulations for the use of outdoor furnaces. If there was an applicant at present,they would be subject to zoning laws only. There are no laws about stack height and emissions, etc. Now with the economy,this could be a possible chance for homeowners to bring down their fuel heating costs. Ms. Sawyer states that health department staff just came from a conference. Many communities have a general ban on these furnaces. Communities that have them have issues with regard to the density of the community. DEP is looking at promulgating regulations. The EPA and other groups, such as NESCAUM have put out reports and model rules of efficiency ratings. They are putting out voluntary standards. Technology can be made to make them better. They test them with the perfect wood. As in any air quality regulation,this technology needs DEP approval. Ms. Sawyer will call. They have to approve whatever the Board of Health approves. This is based on Chapter 31 C. Andover addressed this under Chapter 31 itself. The Board of Health can design regulations based on public health concerns. They addressed the immediate issues,and placed a moratorium on the building of new outdoor furnaces in Town. Based on DEP records,34 out of 351 communities currently have regulations. Dr.Trowbridge suggested reviewing more information and to study the issues. Should there be a moratorium for this? We can wait until November,and put this on as a New Business item to vote on as a moratorium to ban any of these units until a regulation is in place. C. Influenza Vaccine Update Ms. Sawyer provided a brief report on the status of the flu clinics. D. Wireless Bylaw Committee Larry attended one meeting of the Wireless Bylaw Committee. They are working on a bylaw looking at placement of cell towers in relation to homes and schools,heights of the cell towers,and the number of companies they can piggyback on. They are also looking at any conflicts that may involve the Board of Health. They are looking for an opinion from the Board of Health to review the draft once it is ready. october25,2007 North Andover Board of Health Meeting—Meeting Agenda Page 3 of 4 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,Anne Brennan,Member; Joseph McCarthy, Member;Francis P.MacMillan,jr,M.D.,Health Department Staff.Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaie,Health Department Assistant V11 ADJOURNMENT The meeting was closed ut8:35pzu Pr!�pqred by: Pmnela DoDoC6iaie Administrative Secretary Approved by: Larry Fixl.u"�) Clerk of the Board ocm6m25,2007 North Andover Board nf Health Meeting—Meeting Agenda Page 4of4 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 ou the agenda. Board oc Health Members: rhmo^,Trowbridge,DDS,MD,Chairman,Larry a,ler,w,mher/c/o=4 Anne Brennan,Member; ]o"nphMcCarthy, Member;Francis p.mm,wula"J,,M.u.Health Department spff:Susan Sawyer,Health Director; Debra oiouh^"'Public/leath Nurse;Michele o rant,Public uceu,Inspector;Pamela oa\ccm"ie`Health Department a"^in*o/ North Andover Board of Health MEETING AGENDA THURSDAY, November 15,2007 7:00 p.m. Town Hall Building 120 Main Street,2 d Floor Selectmen's Meeting Room Present:Dr. Trowbridge,Larry Fixier,Joseph McCarthy Francis MacMillan,Jr.,M.D.,Anne Brennan, Susan Sawyer,Debra BlOa6un,Pamela DoUuChiuie l CALL T0ORDER Meeting was called to order ut7:00 p.m. TT PUBLIC HEARINGS None {T} APPROVAL CFMINUTES A. October minutes are being deferred tu the December 2OO7meeting IV OLD BUSINESS A. Update oo the 78IProcess Dr.Trowbridge hopes that we will have a final review from Weston and Sampson very soon. In essence, they reviewed the updated plan,and that the two-foot groundwater requirement is met,and is consistent with their requirements. Items addressed will b:the adjoining site;suggestions were given bo memo of second letter. The Conservation Commission iu now going through it. Action will he taken when wehave the final version. There are lO graphs,pictures and ulayout at the end with the traffic layout,lighting layout,ou separate sheets. Next month,there will 6cufinnUoed letter,but it will not 6ecomplete. There are still other permits moving forward. B. Wood Burning Furnaces— lfthe Board of Health does not enact a moratorium on these units soon,it allows residents to follow the Planning and Conservation rules,but not Health, and we would have to fix a problem once a unit gets installed. Mr. McCarthy spoke about burning wood. There was u recent article about ash from wood. Every pound of wood ash equals 6 pounds oflimestone. Dr.Trowbridge commented that*e have regulatory power over what could he considered anuisance: noise,smoke,visual,etc. Open to eventual regulation. It allows the Board of Health to watch what is going in. A moratorium would look closely g any application for u wood burning furnace. VVu need to give the staff something to work with in terms of an application. The Board of Health may rescind the moratorium,and not be involved at all. This still needs to be researched. This allows the Board of Health to look things over,and have any input over any furnace installed in town before there are things that become issues. Mr.McCarthy commented on the moratorium ioAndover. bia very brief Be does not consider wood to heuu unpleasant odor. ltio worse if you bum wood inside your house,ouauinftegucntbasis. Particulate Jmvvm6v,15,2007 North Andover Board of Health Meeting—Meeting Agenda Page 1of4 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 oo the agenda. Board uf Health Members: Thomas Trowbridge,DDS,xuz.Chairman,Larry sacr,m"mber/c\erk,Anne Brennan,Member; Joseph McCarthy, Member;Francis r.w^cammn,]".uo.m`Health Department Staff:Susan Sawyer,Health Director; Debra nxxam" Public Health Nurse;Michele Grant,Public Health Inspector;Pamela om,chiaie.Health Department Aoyisum' matter is after the initial light off,and at the very end,not when it is burning. If there is an issue,the potential issue of an engineered outdoor wood burning stove,it is miniscule. Ms. Sawyer believes that outdoor wood burning furnaces can be run efficiently,and it is a very significant investment of$6-$8K for the homeowner. A moratorium would prevent a homeowner from spending a lot of money and have it checked before they go through the process. The Building Department would be the first department to review an application,and it would be treated as a shed. At present,if there is no septic system,the application would not come through the Health Department. Dr. Trowbridge states that we might decide that we want it to be up to regulation,a b c d,etc. Dr. MacMillan states that there should be some Health Department say on this. There should be no stove unless the neighbor is a specified number of feet apart,and the smokestack should be high enough to prevent effluent odor. He does not want these units to create particulate. Of note is that we cannot regulate what people put into their furnace once they are in. Mr.McCarthy suggested having all these applications come before the BOH. Dr.Trowbridge states that the moratorium is simply stating that a furnace cannot be installed without Board of Health approval. If the Health Director denies an application,the applicant can always apply for a waiver to the Board of Health. Therefore,we would need to make up some minimum standards. Mr.McCarthy wonders if there are any technical specifications as far as specifics for outdoor wood burning furnaces. Mr.Fixler gave some information about his research on outdoor wood burning furnaces,and how the EPA has gotten involved in the past with indoor stoves,and probably will with outdoor. Ms. Sawyer also states that there are state mandated air quality measures under Chapter 31. We are not in a rush,but a moratorium at this time would be prudent. With the way fuel prices are,she thinks that a lot of people are going to be looking into the option of outdoor wood furnaces. There is no variance procedure for a moratorium. The intent is to make sure it is done properly,to prevent public nuisances. V NEW BUSINESS None VI COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION A. Health clinic updates—it has been slow this year. There have been I I clinics,and 900 shots have been given to date,but it is usually closer to 1,300 shots. There is a lot of vaccine this year. Every Town is slow. Dr.MacMillan states that all the announcements he has seen are for High Risk and elderly. Ms.Rillahan stated that last year,the state claimed it was not going to have enough vaccine to distribute. Therefore,the Health Department purchased extra vaccine. The Health Department is also facing competition from stores. Half of the Nurse salary is coming out of flu money. It was suggested that there should be an article stating that there is plenty of vaccine. Dr.T.suggests being in touch with the paper to let them Novemfier IS,2007 North Andover Board of Health Meeting—Meeting Agenda Page 2 of 4 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,Anne Brennan,Member; Joseph McCarthy, Member;Francis P.MacMillan,Jr.,M.D.,Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public I lealth Inspector;Pamela DelleChiaie,I lealth Department Assistant know that there is plenty of vaccine. The shingles clinics have been very successful. In addition, cholesterol screenings are now held the last Wed. of every month. B. Annual permit renewals Ms. Sawyer states that this is the annual permitting process and Ms.DelleChiaie in the process of sending out and processing all of the permit renewals. The fee list was reviewed,and fees were discussed. C. Sharps containers Ms.Rillahan states that we need to find a better location for this. Previously,residents were allowed to put these in the trash. She spoke with the Fire Department,but logistics need to be worked out. There needs to be a locked location. Other towns are proposing it to drugstores to be drop off locations. The State would provide kiosks that look like mailboxes. This is currently being done in Haverhill and Lawrence for drug users. These kiosks are also provided in New York in places such as Wal-Mart,and CVS. If the drug stores are selling the syringes, it would make the most sense for them to provide a place to return used needles. We have plenty of pharmacies that would have the space. These locations need to be more readily accessible for the public. Dr.Trowbridge stated that it would be a good idea to ask pharmacies to sponsor and host host kiosks. The Health Department would do the publicity for it. Anne was asked to help Debbie. Debbie will ask Lincoln to put in a word as well. D. Wireless Bylaw Committee There is a new bylaw which includes changes. Mr. McCarthy has read the information,and compared it to the regulated setbacks. This is to ensure public safety,but what is the basis? What does the FCC state? The limit is 1,000 microwatts per square centimeter. There is a small group of people that have the attitude of"not in my backyard." That is what this is all about. Dr.Trowbridge stated that when there is technical exposure—this is a fall zone. There needs to be a certain safety zone if the tower falls. Mr.Fixler states that this is a first draft. There are people reviewing each section. He did not see any Board of Health conflicts from a pure health perspective. This is not a health issue,but a falling down issue. This will not be at the Town meeting next week. E. Next month the Board will vote on the 2008 meeting dates. F. J&M Subs—Main Street—We need to follow-up on permit issues and a dumpster maintenance plan. G. Well Regulations—have Joe will review and provide input. Ms. Sawyer gave him a copy,and will also e-mail him and Dr. MacMillan. There are some things that need to be changed because they are wrong. Do we need to increase the type of testing on the wells,or go around and register the wells,and find out where the wells are? We will not mandate where the wells are. Ms.Rillahan did look at that. Another proposal would be to have some interns come in. Can we put this question on the spring census? Ms.Rillahan called the water dept.and the assessors' office. There are 900 wells in Town. This was determined by how many residences receive water bills compared to how many houses there are in Town. XovetnberI5,2007 North Andover Board of Health Meeting—Meeting Agenda Page 3 of 4 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,Anne Brennan,Member, Joseph McCarthy, Member;Francis P.MacMillan,Jr.,M.D.,Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela DelleCN-,ue,Health Department Assistant VII ADJOURNMENT The meeting was closed at 8:30 p.m. Prepared by: Pamela DelleChiaie Administrative Secretary Approved by: y Larry Fixler Clerk oft e Board November i5,2007 North Andover Board of Health Meeting—fleeting Agenda Page 4 of 4 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'I4owbridge,DDS,AID,Chairman,Larry Fixler,Member/Clerk,Anne Brennan,Member, Joseph McCarthy, Member;Francis P.MacMillan,Jr.,M.D.,Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public I Iealth Inspector;Pamela DelleChiaie,Health Department Assistant North Andover Board of Health MEETING AGENDA THURSDAY,SDAY, December 20, 2007 7:00 p.m. Town Hall Building 120 Main Street,2"d Floor Selectmen's Meeting Room Present:Dr.Trowbridge,Larry Fixler,Joseph McCarthy Francis MacMillan,Jr.,M.D.,Anne Brennan,Susan Sawyer,Debra Rillahan,Pamela DelleChiaie I CALL TO ORDER Meeting was called to order at 7:00 p.m. II PUBLIC HEARINGS None III APPROVAL OF MINUTES A. October and November meeting minutes need further review,and are being deferred to January 2008 for signature IV OLD BUSINESS A. Update on the TBI Process Dr.Trowbridge went over the updates. He will provide documentation for anyone who wants to look at. At next month's meeting,we will need to keep it as a check off list. The recycling agreement is a work in progress. We still need comments back from developers attorney. Dr.Trowbridge will send these two items to everyone via email. B. Outdoor Wood Boilers/Furnaces A discussion ensued regarding the proposed Moratorium on Outdoor Wood Boilers/Furnaces. Mr. McCarthy spoke about burning wood. There was a recent article about ash from wood. Every lb of wood ash is equal to about 6 lbs.of limestone. Mr.McCarthy has created a well-drafted ordinance. He continues to get additional information. Based on research,there have been 155,000 of these units installed throughout the United States. The state does not have an ordinance. This is an option for people to save money. This is renewable energy,unlike fossil fuels such as oil or gas. Dr.Trowbridge stated that the Board of Health has regulatory power over what could be a nuisance:noise, smoke,visual,etc. This will be open to eventual regulation. The moratorium allows the Board of Health and the Health Department staff to look closely at any application for a wood burning furnace. The staff will need to have something to work with in terms of an application. The Board may rescind the moratorium,and not be involved at all. Additional time is needed to review and research the issue. Mr.McCarthy comments that the Moratorium in Andover is very brief. He,personally,does not consider wood to be an unpleasant odor. Particulate matter is after the initial light off,and at the very end,not when it is burning. Ms. Sawyer believes that outdoor wood burning furnaces can be run efficiently,and it is a very significant investment of$6,000 to$8,000. A Moratorium would prevent a homeowner from spending a lot of money and they would have it reviewed before they go through the arduous process of having one installed. The Oecem6er20,2007 North Andover Board of Health Meeting—Meeting Agenda Page 1 of 5 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: T homas Trowbridge,DDS,MD,Chairman,Larry Fixler,Member/Clerk,Anne Brennan,Member; Joseph McCarthy, Member;Francis P.MacMillan,Jr.,M.D.,Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public I lealth Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaie,Health Department Assistant Building Department would be the first Department to review the application,and it would be treated as a shed. Dr.MacMillan states that there should be some Health Department say on this. For example,there should be no furnace or boiler unless a neighbor is so many feet apart,and the smokestack should be high enough to properly dispense emissions. It is also important that particulate matter is minimized. Mr.McCarthy suggested having all these types of applications come before the Board of Health. Dr. Trowbridge states that the Moratorium is simply stating that a furnace cannot be installed without Board of Health approval. If Ms. Sawyer denies an application,the applicant can then apply for a waiver to the Board of Health. The Board will have to create some minimum standards. Mr.McCarthy commented on the need to review any technical specs as far as specifics for wood burning outdoor furnaces. Mr.Fixler gave some information about his research on this,and how the EPA has gotten involved in the past for indoor stoves,and probably will with outdoor boilers. Ms. Sawyer also states that there are state mandated air quality measures under Chapter 31. We are not in a rush,but a Moratorium will put the issue on hold for now. With the way fuel prices are,she thinks that a lot of people are going to be looking into this option. There is no variance procedure for a Moratorium. The intent is to make sure that any future installations are done properly to prevent any public nuisances. Motion: Dr.MacMillan motioned to accept the Moratorium as written and as suggested by Ms.Sawyer and Dr.Trowbridge. Mr. Fixler seconded the motion. All were in favor. V NEW BUSINESS C. 1132 Salem Street—Housing Issues Ms. Sawyer summarized the situation with this residence. Mr.Yoder is the renter,and has the right to ask for a housing inspection. Ms. Sawyer and Ms. Grant went to the house with a digital thermometer. They then measured the temperature five feet from the floor,and five feet from the wall. It is 64 degrees during nighttime,and the readings in the very large room,which is the separate barn area,were between 52—55 degrees. Ms. Sawyer gave a description of the layout of the house and the barn area, items in it,and wood stove. There was recently baseboard heating placed in this room. The Health Department wrote up an order letter,and the homeowners appealed it. The basic procedure, 105410.842 and 853 and 854,through the regulations,was passed out to the Board of Health members. Atty.Carmen Corsaro represented the owners,Mr, and Mrs. Degan,who are in Maryland for Christmas with family. The property is an older,historical residence built in the 1700's. The barn and the garage are considered accessory buildings. Mr.A.J. Guthrie was present. He is the electrician who did a lot of work at the property. The property was for sale for an extended period of time. The lease price was$2,500 per month. The owner stressed in the advertisement that there is a unique barn,with piano,pool table,and woodworking shop. Packets of the original listing and pictures of the property were handed out. The rear of the residence is joined by the atrium porch. The page shows what the structure is,and outlines a floor Oecem6er20,2007 North Andover Board of Health Meeting—Meeting Agenda Page 2 of 5 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,Anne Brennan,Member;Joseph McCarthy, Member;Francis P.ivracMillan,Jr.,M.D.,Health Department Staff Susan Sawyer,Health Director; Debra Mlahan,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaie,Health Department Assistant plan. The second story has a total of four rooms. The first floor has five rooms,plus the atrium porch. The Degans closed the porch in with windows. It was previously a screened in porch. The barn is connected off the atrium porch by a separate entrance door. The listing shows the total rooms nine. This is the total number of rooms of the main residence. The lease agreement was negotiated with the Yoders. When they first approached the Degans,they were interested in purchasing property. They wanted to lease the property and then purchase. The realtors contracted a standard residential lease,and worked out a right of first refusal(4th page). The premises consists of a single family residence,with garage,and gravel parking area. All bills for utilities are paid for by the tenant. The tenants are to provide heat to the premises. Attorney Caruso stated that the Yoders are represented by Attorney Kelley. Attorney Caruso did research relative to the code of Mass.Regulations,410.201 temperature requirements,which is the issue his clients are having with their tenants. The owners shall provide heat to every habitable use. The Degans see the barn as an accessory use building,mostly seasonal. Under the written agreement,the tenants are to provide heat for all structures. It is their responsibility to meet temperature requirements. Habitable rooms are: every room intended to be used for living purposes. The main house meets all requirements. There may be an adult 21 year old son moving into the property. The barn is not intended to be a year-round living habitable area. There are restrictions relative to the use of the barn. The barn is separated from the main house,by the atrium porch area,which used to be merely a screened in porch. Economics are involved in this issue. The Yoders moved here from Illinois,and may not be used to the higher rents. Attorney Caruso spoke with appraisers. Similar structures are rented for$2,800 to$3,500 per month. The Yoders are contracted to pay$2,500 per month. This building should not meet levels of habitability as the main house. Dr.Trowbridge asked a question about the MLS report. The ceiling and the walls of the barn are insulated. There is no foundation underneath the barn. The floor plan shows a 40 feet by 20 feet area. Mr.McCarthy asked questions. The electrician,Mr.Guthrie,verified that there are four wall unit heating areas in the barn area. There is a 200 amp circuit breaker. The tenant had a$460 bill to try to heat the room for 10 days. Mr. Guthrie stated that the electric heaters are intended to take the chill off,and are not for general heating purposes. Mr.Fixler states that the realtors listing sheet is not a legal document. The assessors records are the legal record for the house,as well as the lease agreement. When a building does not have any plumbing,or bathroom facilities,it is considered a non-habitable building. Ms. Sawyer states that a toilet is not needed to make it habitable. There was always a wood stove. The barn had no heat until September when the electric heating went in. Mr.McCathy referred to the assesors information. The total finished area is 2,088 square feet. The Board must decide what is the actual living space. Dr.Trowbridge is stating that the listing is supporting the owners' argument that the total number of rooms is nine,which includes the first and second floor of the main house. It was represented that the home is nine rooms. Motion Mr.Fixler motioned that the order letter be rescinded. Mr.McCarthy seconded the motion. All were in favor of the motion. (Decem6er20,2007 North Andover Board of Health Meeting—Meeting Agenda Page 3 of 5 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,Anne Brennan,Member; Joseph McCarthy, Member;Francis P.MacMillan,Jr,M.D.,Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaie,Health Department Assistant VI COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION A. Proposed Boxford Gas Compressor Station Dr.MacMillan states that he has completed a disclosure that he is a homeowner within the proposed compression station area. He has informed Mr.Rees,the Town Manager of this. This is open conversation at this point. Spectra energy is an interstate Gas transmission. There was previously a proposed location along the maritime pipeline,through Ward Hill,through Boxford and North Andover. Algonquin has recently applied to the NFRC to do an environmental impact study. Their preferred location is in the Boxford woods. Discussion ensued. There is significant runoff,and swamp,and into the watershed area. The other item is that this is the same compression station that was proposed for a strawberry patch in Ward Hill. The alternative site is in Danvers. An aerial map was provided showing the locations of all of the affected locations. Dr.Trowbridge has the letter from the Board of Selectmen in terms of the process.The deadline to submit letters is now closed. Dr.MacMillan relayed his concerns to David Torrisi which is outlined in his letter. Water supply is a concern. The water supply is for 30,000 residents,and affects the Town of Boxford's water supply as well. In addition,there are a lot of wetlands,and wells are in the area. Of significant note, there is no natural gas line on that street either. This area will be accessed from North Andover. Dr. MacMillan clocked his mileage,and it is nearly 2 miles from the nearest emergency access. There are concerns about Great Blue Heron rookery,which is already part of Conservation land under the Essex County Greenbelt Association. Dr. MacMillan has lived in North Andover for over 40 years. As a result, he is very familiar with the history of this area,and it is not a location that should be opened up to traffic. A gentleman from Bradford Street spoke. For the MEPA review,comments are due in by December 31St The concern is a lack of information in the report. The proposed location would actually be similar to a campus layout with not only the compression station,but also a warehouse,office,storage and other buildings. It would be helpful to present any issues as a Board regarding the issues at hand. Members were in agreement to compose a letter of particular concern to be addressed. It should be a Health Department cover letter with Dr. Trowbridge's signature inform Mr.Rees and the Selectmen that we are doing this. The Boxford Board of Health and Boxford Selectmen should be copied in. Also note to check on the FERC account. There is a MEPA analyst that one can send directly to an analyst. There is a MEPA website which can link one to an environmental monitor to request information if one leaves their name, number,and document requested at no charge. B. Trash Truck permitting update Ms. Grant has been working on permitting. All but one application has been processed. There have been 539 permits and 110 placards have issued. If anyone says that we have not reduced,there are only 110 that have placards. We are still working with Waste Management to reduce their number of trucks. Any that have not applied have been documented. Anyone who has not applied will be pulled over in the first month. There is no one currently that have asked for exemptions. Everyone has been called,and they have had opportunities to renew. Ms. Sawyer left a message for Jonathan Klavens. We are prepared for possible enforcement regulations,rather than having law enforcement watching turns on left or right. The process would be more expedient and efficient with a Speedpass type system or video surveillance. Dr. Trowbridge commented that Ms. Grant should get a"goldstar"for all of her hard work on this daunting trash truck permitting process. lnecember20,2007 North Andover Board of Health Meeting—Meeting.Agenda Page 4 of 5 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,Lary Fixler,Member/Clerk,Anne Brennan,Member; Joseph McCarthy, Member;Francis P.MacMillan,Jr.,M.D.,Health Department Staff:Susan Sawyer,IIealth Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector•,Pamela DellcChiaie,Health Department Assistant C. Wells As a follow-up on past discussions regarding wells,Mr.McCarthy asked about statistics on the number of wells in Town. There are multi units as well,are these being counted in? Further research needs to be done in this area. D. Wireless Committee Meeting Mr.McCarthy commented that there was a special Town meeting on cell towers. There was a group of people who attended with a personal agenda. These people were very derogatory towards employees of the Town. Bad language was used,and not one person came to the defense of anyone who works for the Town of North Andover. E. Clinics In response to a complimentary letter from a resident to Ms. Grant regarding her assistance during one of the Shingles Clinic,the Board expressed their thanks to Ms.Grant for her help with the Shingles clinic and helping residents. F. Sharps Program Dr. Trowbridge mentioned the letter from Mr.Daley of the Planning Department regarding the Sharps program and using CVS,or other pharmacies in Town. The CVS downtown would be a great drop off location. G. Training Mr. McCarthy mentioned that he and Dr.MacMillan went to an MABOH training program. The State is looking at regionalizing Board of Health concerns. ADJOURNMENT The meeting was closed at 9:30 p.m. Prepared bv: Painela DelleChiaie Administrative Secretary Approved by: / r ' Larry Fixler Clerk of the Boar tDecember20,2007 North Andover Board of Health Meeting—Meeting Agenda Page 5 of 5 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,Anne Brennan,Member; Joseph McCarthy, Member;Francis P.MacMillan,Jr.,M.D.,Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaie,Health Department Assistant