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HomeMy WebLinkAbout2005 BOH Minutes 1 North Andover Board of Health MEETING MINUTES Community Development Offices 400 Osgood Street North Andover, MA 01845 Thursday—January 20,2005 7:00 p.m. Call To Order The meeting was called to order by Jonathan Markey, Chairman, at 7:10 p.m. New Business I. Meeting Minutes Approval of the October 28,2004 and December 9,2004 Board of Health meeting presented for signature. Note: A November meeting was not held due to holidays and rescheduling. II. Request from Mr. James M. Kavanaugh, P.E. regarding 80 Patton Lane to present a request for two variances from the Title V code and the Local Bylaws. Mr. Kavanaugh requests that the distance change from 100 feet to 75 feet per the local bylaw to replace the failing septic system, d-box, tank and distribution field. He proposes the plan in the same position as the existing field. The location of the septic system is constrained by electric and gas utilities. This will be presented to the Conservation Department next week. Mr. Markey inquired about the size of the lot. The lot is unbuildable because it extends in the back, and comes up on the river from Boston Street to Gray Street. Mr. Markey states that it looks like nothing else can be done, but notes to be careful with the overdig due to the electrical line. The tank will go in first, and they will have a few days. Ms. Sawyer states that there is no construction now due to the weather. Motion A motion wns made by Ms. Barczak and seconded by Dr. Trowbridge to.-Allow a reduction of the Soil Absorption System from bordering vegetated wetlands fi°om 100 feet to 75 feet. All were in favor. III. Request from Ben Osgood,Jr., Professional Engineer of New England Engineering regarding: 1659 Osgood Street request for: A reduction in the offset distance between the leach bed and a wetland from 100 feet to 63 feet and Allow vehicle access over a leach field,N.A., 13.02. This property is located across the street on Route 125 from the Lucent Technologies building. This is an old house, and the property is used as a contractor yard. The Title 5 passed the system in the rear. The system in the front was never found. lanitarl,211 2005-North Andover Board of Health Meeting-Mhuaes Page I of 5 Board o(Health Members:Cheryl Barezak,Clerk; Thomas 7rmrbriclge,DDS,AID,Member;Jonalhma Markey,Chairman Health De hnent Stuff Susan Smiyer,Health Director;Debra Rillalran,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaie,Health Depail 1 A&vislanl Mr. Munroe, the property owner, came for a building permit. To proceed, he was required to have a septic plan. The current plan encompasses both houses on the property. Mr. Osgood states that the reason he is here tonight is for the local bylaw variances. There is an intermittent stream that runs down, and is flagged as a wetland by Steve Durso. This has been reviewed by Conservation. The leachfield is less than 15 feet to the buffer zone edge of the wetlands. It is preferred that the system be up to the house, using a pipe and stone system. Cast iron frames and covers at grade, designed to withstand being under the driveway. When asked why Mr. Osgood chose not to put the system behind the home, he stated that Mr. Munroe uses the whole rear area Of the property for his landscape business. Another reason is that the soil down in this area is very good. When you move up the hill, it changes more into till soil. They also tried to keep the tree cutting to a minimum. Mr. Markey verifies frame and covering over the d-box with a cover. The vent will ruin over next to the garage. The review from Mill River Consulting has not come back on this. The system is designed with a 12-inch covering. The review engineer is very thorough, and NEES tries to stick to it. Dr. Trowbridge asked if there was an overlying gravel driveway. Mr. Osgood stated that there is no significant risk of water with 12 inches, 3/4"minus gravel to be placed. The gravel is from the top of the system to level. Mr. Markey recommends a fabric cover over the area. Inspection ports will be included for future Title 5 inspections. Dr. Trowbridge asks about the two separate properties, and the possibility of reselling. Now there is one property, and it is grand fathered in. If sold, the area will sell as one piece of property. Mr. Munroe rents out the garage, as well as the apartments. The garage has an office and a bathroom. Motion Dr. Trowbridge makes motion to allow, a. A reduction in the of distance between the leach bed and a wetland fi°om 100 feet to 63 feet and b. Allow vehicle access over a leach field, N.A., 13.02. Vehicle access would only be for automobiles. This also includes,filter points,filter fabric and the distribution box. Motion seconded by Ms. Barczak. IV, Request from Ben Osgood, Jr.,Professional Engineer of New England Engineering regarding: 45 Bridges Lane request for: Local Bylaw Variance Required i. Reduction in offset distance between the leach bed and a wetlands from 100 feet required to 85 feet ii. Reduction in offset distance between the septic tank and a wetland from 75 feet to 73 feet. Local Upgrade Approval Required i. Reduction in offset distance between the leach bed and a foundation wall from 20 feet required by Title 5, Section 15.211(1) to 9 feet ii. Reduction in offset distance between the leach bed and a property line from 10 feet required by Title 5, Section 15.211(1) to 6 feet. Mr. Osgood states that he used the FAST system with the infiltrator chambers. The plan is to have the chambers and the FAST system combined. This is a combination of two Jamary 20 2005-North Amlover Board of Health Aleelitig-Alittutes Page 2 of 5 Board ofHealtb Members:Cheryl Barczak,Clerk; Mamas Trmrbridge,DDS,AID,A--/either;Jonathan Markey,Chairman Health Department St K.'Smsat Sauer,Health Director;Debra Rillaha,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaie,Health Department Assistant alternative technologies. The standard is that two technologies cannot be combined. The FAST system approval states this stipulation, as a reduced area on infiltrators. The first system was the same width, and made longer. It would cost $10,000 to move the electric line, so it was changed to a stone and pipe arrangement to vary the shape. If the system was moved up hill, the system would need to be raised, because it would be too close to the water table. Mr. Osgood did calculations, and pipes are all designed so that it is loaded evenly with the pressure-dosed system. The design is a trapezoid. Plan was reviewed by the Board. The telephone cables will be buried. Mr. Markey states that it looks like it heads off property. Tank is 73 feet from the wetlands. Motion Ms. Barczak made a motion to grant variances and Local Upgrade Approval as is listed on the plan dated October 15, 2004, and last revised on January 26, 2005. Dr. Trowbridge seconded the motion. V. Presentation from Ron Beauregard of Healthy Communities regarding fourth tobacco violation of CVS, 115 Main Street,North Andover. On Dec 22"d, 2004, used two youths, both ages 17 for tobacco sales monitoring. Mr. Beauregard had the students review and sign a statement, compliance checks from teens. Nothing in pockets, and no identification. Only money provided to them. Case at hand, went into North Andover, Main Street CVS and provided male 17 year old student and parked in the parking lot. Came back out with a package of Newport cigarettes. Student signed compliance check and affidavit. Student was asked for i.d. All students are identified by their i.d. number. Mr. Beauregard also maintains photos of the students. The time of check was 6:20 p.m. Spoke with Sue Hey, and stated she would call the manager. Jeff, the manager at CVS came before the board in September of 2004. Mr. Beauregard was asked to come and do a training on January 10th. He spoke with employees and it was a very good venue. There is now an internal policy W. until age 50. Mr. Beauregard would like to see tobacco to be treated more sternly, and offer sales only at one register. Dr. Trowbridge stated this is what Stop & Shop did, which reduces the chance of selling. As a pharmacy, all prescription drugs are sold at one register, and the same thing could be done with Tobacco sales. There is,a desire to find a solution, not penalize. There was an agreement to W. everyone under 50 for six months. Dr. Trowbridge asks about'a check between September 2004 and December 2004. The December check was in the 2nd quarter. At the register, the clerk must punch in the number 27 before they can actually complete the transaction. CVS is investing in a machine for $1,200 that they can scan a license and tell the cleric yes or no for a tobacco sale. If there is no barcode, will punch in dates. This machine will be activated in the store in about a week and a half. This store gets about 800 customers per day. In December, there were approximately 3,000 customers per day. This type of machine has been used in about six or seven other stores with success. Dr. Trowbridge asked about the front registers, and if the machine will be in between. The machine will be limited to the two registers in the front. Dr. Trowbridge commended the managers on the plan to purchase the machine. Mr. Markey would like to see the machine between two registers and a sign specifying where to go. Ms. Barczak proposes a recommendation to reduce the suspension due to the new device being installed. Jonmary 20 2005-North Andover Board of Health Adeeting-A/inalcs Page 3 of 5 Board ofHeahh Members.,Cheryl Barczak,Clerk; 7homas 7•rowbridge,DDS,AID,Member;Jonathan Markey,Chairman Health Department Staff.'Susan Smiyer,Health Director;Dehra Rillahan,Public Health Nurse;Michele Cram,Public Health Inspector;Pamela DelleChiaie,Health Department Assistant Motion Dr. Trowbridge made a motion to suspend the tobacco license for 15 days, and a $300 fine. Ms. Barczak seconded the motion. Mr. Beauregard will coordinate the dates of the suspension. VI. Request from Charles DeRosa of Integrated Paper Recyclers, LLC to obtain a variance for the number of permits needed for company vehicles traveling to and from their recycling facility located at 21 Clark Street,North Andover. Ms. Grant referred to a list Wheelabrator that this company goes there. Mr. DeRosa has asked for 17 permits for one fee, and three placards. These were issued. He would need placards for all his vehicles. He paid a total of$800, and wants a variance on the other trucks. What is not recyclable, has to go back to Wheelabiator. These are the trucks that pick up the red bins on the street, and service towns at curbside. They also do all the post offices in Middlesex County and Rhode Island. Sometimes they will run direct to mill in Haverhill. These are not trash trucks, but look like trash trucks. The cost was calculated at 22%. There should have been 48, and based on 15. Next year it will be less for the renewal fee. Motion Ms. Barczak made a motion to allow a variance for this. Ms. Grant told Mr. DeRosa to come back tomorrow and she will issue the remaining permits. Old Business 1. Continued discussion with Ken Kimmel, Town of North Andover legal counsel, regarding TBI Trash Transfer Station and proposed agreement. ➢ UPDATE -PLEASE NOTE : The proposed agreement has been withdrawn as of January 19,2005. There will be no discussion regarding the Trash Transfer Station at this Board of Health meeting. Ken Kimmel will not be in attendance. Discussion and Correspondence 1. Letter from GLSD dated December 20, 2004 regarding AOS sludge pellets for the month of November 2004. II. Multiple form-type letters addressed to Secretary Ellen Roy Herzfelder, Executive Office of Environmental Affairs, Attn: MEPA, William Gage—EOEA#13203, 100 Cambridge Street, Suite 900, Boston, MA 02114 re: Response to proposal/final Impact Report for TBI Trash Transfer Station,EOEA#13203 submitted by citizens from the Town of North Andover and surrounding communities. III. Letter dated January 13, 2005 from Debra Rillahan, Public Health Nurse,to Dr. Sunanta Ober, 575 Turnpike Street,North Andover re: Federal Vaccine Administration Program. January 20 200.1-North Andover Board of Health Meeting-Minutes Page J of 5 Board of Health Members:Cheryl Barczak,Clerk; Thomas Trowbridge,DDS,AID,Adember;Jonathan d/arkey,Chairman Health Department Sla:Susmr ,Sanger,Heallh Director;Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspeelor;Panrelal)elleChtaie,Health Deparment Assistant Meeting Adjourned The meeting was adjourned at 9:20 p.m. Respectfully Submitted, Cheryl Barczak, Clerk .Immarr 20 2005-North Andover Board of Heahh Aleeting-Minutes Page 5 of 5 Board of Health Members:Cheryl Baresrrk,Clerk; Thomas Trowbridge,DDS,AID,Member;Jonathan Markey,Chairman Health Deeortment Staff.,Susan Smiyer,Health Director; Debra Rillahar;Public Health Nurse;Michele Gran,Public Health Inspector;Pamela DelleChiaie,Health Department Assistant i North Andover Board of Health MEETING MINUTES t Town Hall 2nd Floor Meeting Room 120 Main Street North Andover, MA 01845 Thursday, February 24, 2005 Call to Order The meeting was called to order at 7:00 p.m. by Mr. Markey. Members and Staff Present Jonathan Markey, Chairman; Cheryl Barczak, Clerk; Thomas Trowbridge, Member. Susan Y. Sawyer, Public Health Director, Pamela DelleChiaie, Health Department Assistant. New Business L Meeting Minutes Approval from January 28, 2005 The minutes from the January meeting will be tabled until the next meeting in March to allow for further review. lI. Review of Michael's Hair Salon Mr. Michael DeGloria presented with Attorney Tom Collins of Andover. Ms. Sawyer explained that on January 6, 2005, she and Ms. Grant went to Michael's Hair Salon which is also a suntanning establishment, for their annual inspection. Ms. Sawyer noticed that the layout was not the same as previously observed. A review of the layouts of the old and new setups of the office took place. This establishment offers both suntanning and hair cutting. No permits were pulled for plumbing, electrical or building at the time of the most recent work within the premises. Ms. Sawyer informed the Fire Department, as some of the walls appeared to have been moved, which affects the sprinklers. The sprinklers were moved on January 26th. Ms. Sawyer was also concerned about the electrical. Ms. Grant sent out two letters to address these issues, and overall lack of permitting. On January 6th, a letter went out allowing 30 days for compliance. The Health Department did not receive a response, so on February 2nd, Ms. Grant went to the establishment to advise Mr. DeGloria that he needed to submit paperwork. No paperwork was received. Therefore, on February 9th, the second letter was sent out. Ms. Sawyer decided to not suspend the license herself, but chose to have the issues brought before the Board of Health members. As of the current week of the February meeting, Mr. DeGloria came to the office with a general contractor and met with the Building Inspector, who is requiring a plan. There is intention to comply, but no permit applications or permits have been issued, there is a verbal intention only. Mr. Markey asked about the Mass Code requirement of tanning beds for electrical. Mr. DeGloria was first permitted in 1999. Ms. Sawyer is concerned about lack of compliance with permitting process. Attorney Collins presented information that Mr. Joe Levis of Levis Construction, met with the Building Inspector. Mr. Markey states that he is concerned with the wiring of the suntanning beds. Mr. Levis is being engaged to be responsible for all work necessary to bring facility up to code. Attorney Collins hopes that Mr. Levis's statement that the electrical is up to code will suffice in the short-term. The Building Inspector is concerned about how long this whole process will take, as there are no guarantees. It has been well over 40 days. The sprinkler heads were not correct in the back. There is an issue with the landlord, A D N Realty Trust, not signing off on the permitting process this time around. Mr. Levis has an architect that he is working with who will be submitting a plan to the Building Department. The approval of the landlord is needed. A copy was sent to the landlord's attorney yesterday. The lack of sign-off from the landlord is due to ongoing litigation between the landlord and Michael DeGloria. Motion A motion was made by Mr. Markey and seconded by Dr. Trowbridge to suspend the Suntanning License of Mr. DeGloria until the permitting process and requirements of the Building and Health Departments are complete. III. Designate Ron Beauregard as an agent for the Board of Health to issue tobacco violations. Motion A motion was made by Mr. Markey and seconded by Ms. Barczak to allow Mr. Beauregard to act as an agent for the Board of Health with regard to issuing tobacco violations. IV. Change of Board of Health Chairmanship Motion A motion was made by Ms. Barczak and seconded by Mr. Markey to abdicate the position of Chairperson from Mr. Markey to Dr. Trowbridge. All were in favor. The change is effective immediately. V. TBI discussion regarding consultant proposals Discussion ensued regarding the recommendations from Ken Kimmell in a document dated February 15, 2005 for the TBI site assignment review process. Included for review was information regarding: I. A proposal by CDM to assist the Board with all issues other than traffic. 2. A proposal by Christa Crane Lucas to assist the Board with traffic issues. 3. A proposal by Doug Prentiss to assist the Board with traffic issues. Once consultants are selected and approved by the Board members, Attorney Kimmell will take care of getting contracts signed and getting the consultants started. Mr. Kimmell will plan to attend the March 24th Board of Health Meeting to provide a status report and to discuss other issues including the selection of a hearing officer. Old Business None. Discussion and Correspondence I. Recreational Camp Regulations Regulations last updated and signed in September 2004 were reformatted and re-signed by Board of Health Members. The updated regulations will be published as a legal notice and effective March 1 st, 2005, and implemented for the 2005 Recreational Camp permitting season. II. Hepatitis A Vaccine Program coordinated by U-Mass Lowell students to offer to workers in Food Establishments. The Health Department has set up an agreement to assist student nurses from U-Mass Lowell with a health project which would entail sending out information about the benefits of the Hepatitis A Vaccine for food handlers. This would be coordinated with packet mailouts,tallying responses, and setting,up the date and times to offer the vaccination. The project will be approximately six weeks in length. III. Review of General Fees The current Permit Fee Schedule was presented by staff and reviewed by the Board. In addition, a spreadsheet was prepared and presented which included current fees, proposed fees, and proposed total increases as possible contributions to the general fund for the Town. The Board offered their support towards the proposals to increase fees, but no official vote was taken to raise any particular fees at this time. Ms. Sawyer will follow- up with the Town Manager for further guidance on this issue. Meeting Adjourned The meeting was adjourned at 9:20 p.m. Respectfully Submitted, w Cheryl Bar zak, Clerk ,.. — North Andover Board of Health Meeting Minutes Thursday,March 24, 2005 7:00 P.M. 120 Main Street Town Hall Building 2nd Floor Meeting Room ,rte Call to Order The meeting came to order for Executive Session at approx. 6:45 P.M. All in favor for Executive Session at 6:46 p.m. Executive Session Per Ken Kimmell, for many years, town and GLSD had a difficult relationship. With regard to improving the existing plans for the current site, decisions were made to make various improvements to the plan, such as the sludge pellet drying facility. There was a debate about whether the Board of Health should have jurisdiction over this, and if certain conditions could be composed. Rather than go to court, a Memorandum of Understanding was issued. The agreed on procedure,is that GLSD would submit an application and pay a fee, and the expert would develop recommendations for conditions. It took many years to get parties to the point that they would sign this agreement. The Board of Health hired its' own expert and the facility was looked at carefully. It was determined that an upgrade would improve the situation. The Board of Health voted to approve the application with GLSD to upgrade the facility,but denied the heat drying facility. GLSD was furious and sought order from court that the Town of North Andover, aka,The Town, should not have authority over what GLSD would do. While the case was pending, the Board of Health decided to allow the facility to be built and impose conditions. The court issued a decision for the Town to not get involved at all. The Town went to the State Supreme Court, and the Town authorized to allow reasonable conditions. Since that time, GLSD has not responded. The attorney moved to dismiss the lawsuit. The judge was inclined to grant it. The case is now set for court in July. Is GLSD entitled to the refund of that they paid at time of application, $200,000 building permit fee. If town did not issue permit, town. Several years ago,when Board issued conditions, they did it under the contractual authority under original memorandum of understanding. But,breached it by denying it in the first place. Thinkis that the Board has independent regulatory authority to impose conditions. Wants to move forward with these and have them addressed. Procedure: notice of public hearing,issue regulations, some must go to DEP to be approved. Mr. Markey states that if adopted, they are pre-existing,non-conforming. GLSD may say this. Dr. Trowbridge asks about issuing new regulations about any heat drying facility, etc. located in the Town of North Andover would have to...... Keeping the regulations the same,just looking to get this settled. The signed regulations eliminates the procedural argument. GLSD would lilie a regulation that keeps the Town from ordering them around. June 23,2005 Noltla Andauer Board of Healtb Meeting—Meeting Minutes Page 1 of 13 Board nJ'FIeallhMernber�: Tbar�ae 1 rmabrzdge.,DDS,AID,Chahnian,Jonalhan Alaikg,Afember;Cheyl Bamz ik,Clerk Heallh Deparlmenl .Siafl:Saran Stnown,Ileallh Director Debra Rillahan,Public Heallh Nur:re;Mkhele Granl,PnhlicHeallh In.y5eclor;Pamela DelkChuue, Heallh Deparbmnl A,reixlanl There are 10 air quality conditions, 2-9 that nine conditions were resolved. They agreed that DEP would rewrite Air Quality Permit to include these. These would not appear in the BOH regulations,but the rest of them would. BOH regulations would include 10-41. Certain things about hours of construction. But, any new facility this should apply. Close ES at 7:09 p.m. Call to Order Present: Alberto,White,Nardella, Absent Simons,Phinney Discussion Items: Bill Dufresne representing Lot 3A Linter Street, owned by Mike Gaglione. Septic design plan submitted to Board some time ago. Been rernewed under Susan's direction, and does not meet two regulations under BOH. This is for a proposed new house. SS had concerns about the wall. JM stated that the wall is okay, but the 65 feet to the wetlands does. JM proposed treating the ffluent. It meets the state, but not BOH bylaw. It is Mass 1 soil, loamy soil. Combo, 15001500 split will work. A separate pump chamber is not an issue at all. I f ystem is dosed, the line gets fill all of water, and goes in all at the same time, which would offset the request for the The other ystems cost a lot of money, and need a maintenance plan. This will be a heat'dose system. JM, this will last a Motion JM Grant variances for segmental block wall, and CB seconded, with conditions 2"�pun p chamber to be dosed four times per day. Tony Capicetti for Lot 10 WindkistFarrn Road State requirement of 4 feet with the soil. Subtract, 6 inches, less than 4 feet. Irlhen excavating, we require an extra 6 inches to go into the parent soil This 6 inches is in addition. Also need 4 feet of ledge above natural soil Requesting a waiver, because it would be less than the 4 feet of soil. There are two c layers. Could have perced lower layers also, but are trying to avoid the additional 6 inches. Tests origianly dome in 996, and their in 2000. JIVI makes a motion thatgrant a variance for 9.02 for Lot 10 lVindkist Farm Road DEP determined that application is complete. The application is now in forpublic cormnaent. Dep has 60 days to issue a decision f orna the time of the Public comments. Applicant expects that hearing will Mart in nrid , late May. Would be a good idea to get technical consultant on board. Mr. Kimmel commented on the proposals. Under CDM, speak about the application The consultants will evaluate the quality of the applicant's data. They would ask the applicant to szppy art' rrrissirzg it formation. This would be before the hearing opens. The tracperson talks about looking at tiac flow andgeograply. Other than time here for the hearing, will they meet with. CB asks if consultants look at public comment,?KIC states that it all depends on money. If there are a large group of abutters, andpooled their resources and hire a consultant., we may want CDM to be hear to hear testimony. Ij'someone gives a technical report, can we ask consultant for a comrraent on it? Yes. Cara do written testimony in advance, such as expert testimony. Some lay people may just want to show aap and give their opinion. Proponents and Opponents should put things in z7rritirzg and be prepared in advance. Carz the hearing of cer allow who can submit in fo., and who June 23,2005-Noi-th Andover Board of Health Meeting—Meeti a Minutes Page 2 of 13 Boar 7lvahh Member: Tbrrma 1 rorvbrrdge,DDS,ACID,Cbairrnmr,Jonalban Alarkey,Member;Cberyl Baiv�ak,Clerk Heallb Departmenl Stair Susan singer,Health Dirticlor Debra Rillaban,Public Health Mu e,Aliebele Gaml,Public Heallb In peelor,Pamela DedldChiaio, Heallb Deparlmenl Aesirlanl cannot? I(M will e-mail a sample contract for the Board to review. Has 3 or 4 prominent environmental attorneys who havepresided over hearings, or represented those of the like. David Rosenblatt, served as an HO in a site assignment hearing, Lisa GoodJ.reart, Chairman of the.Boston Bar;Art Kreager, Env.Attorney and participated as an advocate. All three are good Looking far fairness, substance, and control the crowd Have participated site asrignrnents in other times. Have been through process at least once. There is no preparation far° the HO. KK would want to epend a little more time speaking with these attorneys, explore what they will do if thingsget unruly. This coadd be a hotpotato case, and will be a challenge to diplomatically, andfernay conrol the process. The HO will coordinate with lawyers and BOH to ty to schedule when the hearings will take place. Requiring all the expert testimony in advance is advised. The HO arses their discretion as to how long it willgo on. Eveyone who wants to be a witness must submit a registration paper, and that will be ruled on. There should be agood ffart to communicate will)the public about what the process will be. There are certain things we can tell the public before the HO shows to. ILK stated that he could work with us about this. The board agreed that any public comment should be reserved at the Hearing. KK will send repot via e-mail. Need State exercise— regional communi y some�e of water contamination emergency. N.A., S,san, Debbie, Chief Dolan;Michele will be at class. Tabletop emergeny. OnApril 14tr'all day. There will be some room for observers. There will be a pre-meeting first.. This is a public health emergency that has other complications. Vill hire Deb one day a week, and if Deb does not want to do, Cheryl will do. CPR Train the trainer course will be in April,. Now all questions come out. Whho is paying people are interested, do we pay for it or not.. Jonathan Markey to a CPR training class on line. Did adult child and infant for•$30.00. Chief has 3, Deb, Susan, Tom, Che yl,Jon, Rita Wells, . The reason we started this per Tom, is that we could make presentations to restaurants and offer training, etc. If mare people trained as trainers; could offer quartery. $75 fee, and then books, comes to$159. We should pay for out,own people, and otherpeople pay for their own. Minutes Close meeting at 9:36 p.m. a Bond release for Forest View Estates. Lincoln presented the letter from McIntosh to the Board, and the spread sheet indicating that$600,000 plus be released, . Atty. Don Borenstein was present and stated that some of the paper wrk is basically donne, the work and paper work for the roadway acceptance is not completeyet, Borensteen thinks he will make the deadline by this Friday. Nardella recommends we release eveytbing but$200,000.00, keep 200,000.00 back because the road is not acceptedyet, so to bring it down for 100,000.00. Come back in once the roadway is accepted, and get the rest of the release. Motion made by Nardella, Z"by White to release all but$200,00.00. vote unanarnous. b Mr. Smolak, re�arair7g f tom I-I to B-2 relative to Osgood Street across from Lucent. Mr. Smolak was present, he wants to redone I-I to B-2. Petitioner°paircbased proper y for•a soccer indoor ring. Since he didn't utiliae it for a soccer rink, he wants to market it f or business arse. Otherproperties in the area is .Zoned for B-2. 6M square feet in this area is vacant. B-2 provides for retail use. Snnolak will file a warrant article this week. TJ)ere is no specific use in nninrd at this tune for the property. Nardella stated that ill the past the board has agreed to re one, them a situation arises a fewyears down the road and ask for a di#erent Zone for the sate property, the issue is state what the use for the reZonig isgoing to be. Smolak wants to encoanrage this pate 23,2005-Noltb Andover Board of Health Meetilrg—Meeting Minutes Page 3 of 13 Bam#pf HeaGb Menrhers; "Tnianas'Troudirrdge,DDS,MD,Chairman,Jonalhan Markey,Member^;Chey1 Barczak,Clerk Ileallh D�mbnenl Slatl.�Susan Smov;health Diredor, Dehro Rillarla/1,Public Heallh Nurt�e;A ichek Grerl,Public Heallh In pector;Pamela De1leCniiaie,, Heallh Depmrinent Assistant use for business retail arses, restaurant to get some action dowry in this area. Alberto asked if Sanolak would exclude other different uses for his proper y. Simons is now present 7:15 pm. Alberto stated that it looks like jpot Zoning, because this is one little lot amongst T.-1 and some residential. Nardella asked smolak to contact otherpeople to get their support of this. C. Discussion of rezoning districts for the honing bylaw and zoning map. Alberto stated that a discussion would take place regarding the changes to tv oirag issues to the lylaw etc. There are a couple of areas in town for a request to rezone, the police station proper y and adjourning properties, grad s strip along 114 brooks and stop and shop. This requires a lot of'research. Nardella Mated that reZoitag of neighborhoods scan alarm some of the residents, such as thegreerae�. Simons stated rezoning the land around the police station is wrong, how do we know what district to done the property what is the market value? Has This property is a sensitiv ba#erproperty, it's a major residential neighborhood on the other side of Osgood St., on that section of the street(greenery) there is no other conaaaaerdal proper y. He stated we should work mill)the neighbors first. Nardella stated what would it be proposed to, maybe general business? Simons suggested change the onirag on the entire neighborhood all at once. inhere are the people on rte 114, they were vocal grad with a task force when they wanted to rezone. Look at the people who actually live n the area to be rezoned and meet with them, schedule a working session to discuss these issues mith the board. The articles will be put forth this week, no time. Board to send a letter that the Board has serious reservations, don't recommend the articlesgo forward, at this time, more research needs to be done before they will committ. Cara arts on rte 114 needs to be reviewed. Phinney would like to board to put together a summary of re�onirrg. Nardella stated an issue came arp will) emeigen y roadway into the high school, Nardella stated be was not as clear in the decision as he should have. The Planning Board would not have approve the h.igh school playa without the cooperation of the police, etc, to grant it. This board was remiss in making sure the road was open when the opened the new high school. He's looking for°a letter to the board stating the road way will be opened up. Prom is a problem, Open this road as soon as possible and use for special events, use it as a means of egress into rte 125. It will cost I million to put another•light on rte 125. Send a letter from the planning bord to the school committee and make them correct the situation. Modify the decision, andpart verlaage into decision. Kesend the letter asa p, alberto will edit the letter before itgoes out. Continued Hearings: Frank Terranova requested to be heard after$•00 Fm this evening, Decision due on: March 31, 2005 1 Continued until March 150'Pl. Bd. meeting. Updated plan submitted 1211 Osgood Street Modification for Site Plan Special Permit, Frank Terranova. June 23,2005-Notd)Andover Boal d of Health Meeting—Meeting Minutes Page 4 of 13 Boarcl r Health Alemhera: '1'honrar Ttn:uhirdge,DDS,AM,Criahman,jonalhan Markey,Alamher;Cheryl73arc ak,G'lerk Hearth Doartment Start.Susan Senov;Heallh Dhvelor; Debra Aillahan,Puhlie Ilealth Nmxe;Michele Grernl,PerhAcHealth Irr.pector;Pamela DelleChiaie, Ileallh Deparlment Assistaur Brian Pendleton,TEC engineering is present tonight. Put in emergency egress for fire for people to get out of the buiding. Signs, put into decision he discuss the waivers in the decision, Upon a motion made by Simons, and 2nd by Nardella, the board voted to close this meeting tonight. Look up the surety, see if he posted$7,000.00 in an ins policy. Roll over the existing $7,000 site plan review for this modificatin. Strike the over hand in the decisionl. Otherwise the decision is ok, Nardella made amotion to approve the applicatin for F and K as ammended this evening, f2nd Alberto,vote unanimous 5-0. Decision due on March 16, 2005. Engineer submitted an extension until April.20,2005 2 Molly Town Road PRD Special Permit & Definitive Subdivision/Minicucci Received review from VHB, see copy of conventional plan. Chris Huntress was present tonight. Lincoln stated he received a review from vHB and another review on 3/1/05. Discuss density for the 15 lot PRD,lot 7 and lot 15. Do enlargement of lot 7 and lot 15,wetland line 25 and 50' setback, show the largest house 4,000 s.f. house 2 car garage, and meet dimensional setbacks, the lot is buildable this is just proof that the house can meet the requirements on the conventional plan. Lot 15 is 4,000 s.f. garage, 30' fron and side setback, and it 30 feet from these setbacks, therefore he can fit houses on the actual plan since the conventional plan example works fine. PRD articitural plans are what developer intends to build. Conditiona in final approval for minor revisions to be made by staff or the board.such as windows, doors, etc. cedar boards,will be used,it's the same as peach tree subdivision. Unit a c and d allows for a first floor master, see the hand out that Lincoln has been given tonight. The board should look at the engineering plan to see where the houses will sit on the lot. Another set of reviews were submitted to VHB on last Friday, still waiting for VHB responses. ConCom had a number of concerns reg changes that VHB suggested keep lot 16 where it is on the plan,because of the wetland issue. Stepinski stated tghat moving the house forward would not allow for the 50; setback to be met. Unless the board hears something is detrimental to the wetland,proceed with what you're planning to do. Put this in as a condition. 6x8 salt box shed with an open front will be the bus stop for the kids. .awaiting for articutural responses from VHS. Continue until the April 5`" meeting. 3 Decision due on: March 2,2005,Atty. Dom Scalise submitted an extension until end of April 2005. 0 Methuen Street-Definitive Subdivision/duplex, Engineer asked for waiver's. VHB submitted review on 3/1/05, (proposed detention basins do not have required 2' of clearance to the seasonal high ground water.) Lincoln made a issue of the proposed road located behind the house,there is not enough room to turn around on this aea. DPW would like to put a cul da sac on this lot it's a conventional approach. Daley will put drainage under the cut de sac in a few days. He addessed VHB comments and he showed the water issue by DPW. Detention basen located in rear is a point of collection of the two swails, therefore there is no detention existing. June 23,2005-Noilh Andover Board of Heahh Meetitt�—Meeting Minutes Page 5 of 13 Board o He ahh Alimhem "Thomas Trowlnidge,DDS,AQD,Chapman,Jauathan illarkey,Member;Cheryl BarcZak,,Clerk Health DeNrlmenl Stall Siam.Semyer,Health Dimaor; Debra Rillcrhan,Publie Health Nnfe;Michele Cranl,Publie Heallh leepeetor Pnmela DelkChiaie, IIeallh Departmenl Assistant Fire chief wants sprinklers installed, Phinney stated that a Problem exists because of the drainage issue Daley stated that the first detention basen would handle the mitigation problem by_itself There is a lot of impervious area on this lot. See waiver's for the decision, get DPW comments regarding 15' easements, address these waivers thru DPW. DPW wants a turn around area for trash trucks to turn around on Property. Board wants a side walk added to this Plan of land. Check out the easements located all around the building, Put this in dedision. Board wants additonal plantings He will file w/Con/Com soon He needs a variance from ZBA. He also wants waiver for no sidewalks Get copy for regeust for his waivers. Board wasnts dales to work w/DPW because he will have a hard time building this. Daley will submit something to Mary by end of this week No one was present in favor or in opposition Put daley back on the agenda the week after april 4 Decision due on: May 13,2005 2009 Salem St PRD & Special Permit and Definitive Subdivision—8 single family homes. Chestnut Development Corp. Mr. Huntress to submit conventional plan and address TRC comments, apply for slope bylaw special permit. Eric was present tonight, he will get ready to submit a conventional plan soon. Would like to continue Steve Caste Websterwood Lane he asked that if there is going to be a request to continue do it at the beginning of the meeting rather than at the end of the meeting. (i) 5 Requested Extension until April 8, 2005 PI Bd meeting Old Salem Village—Definitive Subdivision Ben Osgood to submit his engineer's review of Definitive Subdivision to VHB by 3/22/05.Board will need another extension from Speicher because Speicher will be on the agenda for April 5"'meeting. Requested Extension until°April 8, 2005 PI Bd meeting Old Salem Village-Site Plan Review Special Permit -Board to discuss only Site Plan Review on 3/15/05 Speicher stated the reasons for the extension to be given to the Board. He assumes Town Counsel has submitted his opinion on zoning. Alberto staed tht what Speicher presented didn't meet the bylaw as presented. S asked what part of the bylaw did he not meet? Simons stated that he did talk to counsel about the process, and urbelis recommends that the board should make a decision. Simons stated that he post close the on thehearing, 2"`'by Narddella,vote 5-0. Simons stated that a draft decision would need to be edited, and should reference the plan on the back end. Here Simons made a motin to deny the sp request for old salem village for the reasons enumerated in this decision,motions made 2°d by Phinney. Lincoln Put this decision in the correct format. Look at 8d, take this line item out. In 8e, the first few worlds plann board view is that....strike this edit. Angles asked if there wa any further discusisn, there was none. Motion to deny the decision all in favor 5-0. June 23,2005-North AndoUer Board of Healtb Meeting—Mewing Minutes Page 6 of 13 Board � Ae,DDS, Chairman, athan llgMeme • /)eiyl Barn k Clerk t / I vadM Health D(arlment S q§.-Susan Sanger;Heallh Direclo;• Debra R illeiban,hiblie Heallb Nmae Alkhele Grant,Pub in Heallh Lt�petlor;Pamela DalleC hiaia,, Heallh Depai/ment Asrislant Speicher said see you in court,you are only causing the town money. Nardella stated go thru the finding of the fact, and read the decision. Speicher leads himself to believe that ther eis no good explanation of an ill founded decision. Speicher was given a copy of this decision tonight. 6 Decision due on: May 27,2005. 1025 Osgood Street,Hearthstone Realty Corp, (Treadwell's) Watershed Special Permit, and Site Plan Review Special Permit for ice cream parlor and 3-story office building. Phase 1, (ice cream parlor) Received review from VHB. Chris, engineer, moved dumpster, see new plan, changed parking along perimeter. No one was present in favor or in oppositin tonight. Signage desn't change,lighting doesn't change,parking lot should be repair under phase 1,The Board would like to approve the site plan review and the watershed special permit. Nardella made amotin to close the site plan review sp app for 1025 Osgood, 2nd by Angles,vote 5-0. Nardella made a 2nd motin to close Watershed SP app. For 1025 , 2"d White,vote 5-0. Edit the decision in time for the next meeting.....put in parking, dumpster,repair parking lot, plantings, come to April 5`" meeting,and Board will review draft decision at that meeting. Forward a copy of this decision to Eric for his review. Requested a continuance for Phase 2 until April 5, 2005 meeting. Phase 2, (3-story office building)-still awaiting comments from VHB. 7 Decision due on: May 27, 2005 165 Bridle Path-Watershed Special Per --construction of addition within non- disturb-zone of 795 s.f. of living space—Gabrielle Schmitt. . Closed this petition at March 1, 2005 Pl. Bd. meeting. Draft decision attached. Upon a motion by White approve the wh sp for 165 bridle path,2nd nardella,vote 5-0, type the decision with edits. 8 Decision due on: May 27,2005. 1551 Osgood Street- Site Plan Review Special Permit, construction of 24,800 s.f. warehouse to existing structure -Microwave Engineering Corp. Mr. Bartlett requesting a special permit from the ZBA at their April 12, 2005 meeting. Planning Department still awaiting a certified plan of land from petitioner. Will advise petitioner to withdraw without prejudice if plan is not submitted within one week. Mr. Bartlett was present and stated that a special permit wa required from the zBA. On agenda for April 8"'. He submitted by architec,but didn't have a registered plan of land,b ut it did not show addition on the plan,will have it by the end of this week, and will submit to the board, wants extension until the 18`h of april. Lincoln stated that the applicant should give an overview,but at the april meeting then a final presentation should be made at that time. June 23,2003-NotYl)Andouer Board of Health Meeting—Meeting Minutes Page 7 of"93 Board afHeallh MerrlGeix; Thomas'17atybiidge,DDS,ATD,Chairman,jonalhan M(i-k) A11e/)1 ber;Cheryl Baiztiak,Clerk Health Dehaailmenl Sla1X Sei.�an 5ar�er,Ilaal/h Dn�ctor; Deem 1Zillaliun,Public HeatJh Nrn:�y Miclielz Granl,Pnbh2 Heal/fi In3peclor;Pmnela DelleC/aiaie, IIeallh Depailmenl Asrirlain Bartlett will make a presentation tonight, they make passive radar components,used in high poer radar system. 85 employees now,use the building as a warehouse,put another warehouse on the back of their building. Will meet all the zoning requirements,it's 30' from property line, it's pre existing. No curb cuts, no additional signs, submitted to the State, state sees no reason for additional traffic studies, this warehouse is strictly for raw materials, finished product, they have contracts with the government over long periods of time. They need guest parking,have vans, employee parking etc. he will not take out any rows of trees, do a quick revisit on what kind of lighting, how tall is lighting,what kind of materials cement block, brick or metal, they will submit elevations plans for this stuff,utilities will be inside the buiding,roof is pitched, he will submit a drainage study hydrology study, some chemicals will be stored in the warehouse only in small amounts, they are certain kinds of produucts, provide the fire dept a list of these chemicals.There seems to be another lot between warehouse that isn't on plan. Alberto wasnts provisions for future screening to be done on the plan, look at easement,right of way and power line on the edge of the property line, owned by water easement. Come back in on the 19`" of april. Board may do a site walli. The b The board voed to allow Willow Street to withdraw without prejudice, and also to waive the outside review consultant fee. Alberto made motin to witdraw without prejudice, 2nd Nardella, vote 5-0. Reseive the right to waive the fee. MInutes of the meetng; future tense should they were here Send the minutes to the Board for their edits. Get copy of what the school committee said they were going to do, expecially get ready fro prom night. Heidi gave Lincoln draft for rezoning, Simons has to look at the bylaw again. E-mail it to the Board. e-mail the phase development bylaw to Board. motion to adjourn meeting at 10:00 pm. The Board reserves the right to take items out of order and to discuss and/or vote on items that are not listed on the agenda. mi/desktopMarch 1,2005 Agenda Members and Staff Present Thomas Trowbridge,Jonathan Markey, Cheryl Barczak, Susan Sawyer,Debra Rillahan,Pamela D elleChiaie Call To Order The meeting was called to order at 7:10 p.m. by Tom Trowbridge, Chairman New Business 1. Meeting Minutes Final Approval for March,April, and May 2005. The Board Members decided to take no action and to hold off on signing to have more time to review the minutes. Members will plan to approve in July. June 23,2005-Nash Andover Board of Health Meeling—Meeting Minutes Page 8 of 13 Board nfHeallhlllember ; Tlransa Tron�brrdge,DD.S,MD,Chairurarr,.�oualhauMarkey,Member;CheylBarezak,Clerk Ileallh Deharlmenl SlalE.Sa,an Saiovr;Heallh Ditmor; Debra Rillahau,Public Heallh Nurse;Aliehele Gimil,PnhlreHealth Iarf ea7or;Pamela DelleChiaie, Heallh Deparlmenl Assislanl II: 29 Bradford Street—Proposal from Steven Pouliot,Project Manager, of New England Engineering to request the;following: Local U12grade Approval Required Allow reduction in offset distance between the leach bed and a foundation wall from 20 feet required by Title 5, section 15.211(1) to 10 feet Local Bylaw Variance Required Allow a design based on 3 bedrooms in lieu of a 4 bedroom minimum required by the North Andover Health Bylaw. Approval of this plan requires that a deed restriction limiting the dwelling to 3 bedrooms be recorded at the registry of deeds. The engineer was not present at the meeting,and this item is tabled until the July 28th meeting. No representative from NEES present. III. 1132 Salem Street—Proposal from William Dufresne, Project Manager at Merrimack Engineering Services, Inc. to request the following: Local Bylaw Variance Required Allow a design to receive a variance from the Board of Health regarding Regulation 5.02 which requires the S.A.S. to be 100 feet from a wetland and the septic tank to be 75 feet from a wetland. Due to site limitations,request a waiver for the S.A.S. from 100 feet to 58 feet and the septic tank from 75 feet to 68 feet from the wetland respectively. "discussion regarding the property ensued"... in many cases. Please remove most or all of the highlighted areas. Thanks A discussion regarding the property ensued. Mr. Dufresne was present with the homeowners,Mn &Mrs. Adams to present the plan. The engineer is asking Local Upgrade (LUA). Mr. Markey questioned Mr. Dufresne and it was made it clear that the system cannot go on the side with the fence area due to the Conservation Commission rules and because of the 20 foot pool offset. There is not enough area on the side, so there is no other place for system to go. The homeowners are scheduled to be in front of the Conservation Commission next week on the 27th for review. The letter sent back from Bill Dufresne had a couple of requests: Through conversation, there were a couple of questions regarding the fact that the reviewer pointed out the distance to the groundwater and the test pits which are located on the side, and the groundwater is 34- 36 inches. Notes regarding the test pits. As it goes up, there needs to be compensation for the hill. Since no test holes,Mr. Ottenheimer of Mill River Consulting, felt there should be some consistency. Mr. Dufresne believes that there is fill there, and is not something we should do. He would like the Board to accept that the groundwater of 36 inches is correct throughout the system. Ms. Sawyer asks for Mr. Markey's opinion. Mr. Markey would like to offer that he agrees with both sides,but there needs to be happy medium. It appears that the design is based on 50%rule with the grade adjustment. Mr. Markey would be willing to make out a deal, so that homeowner does not have to dig another test hole. What he wants to do is have Ms. Sawyer or Ms. Grant go to the site,and auger down in the corner down to the C layer and get a depth. Therefore, a backhoe would not be needed for a day, and to have to redesign the whole plan. Mr.Dufrense tries to state his intentions for each site out in the field with the Jilne 23,2005-Notfib Andover Board o f HealtG Meeting—Meeting Minutes Page 9 of 73 Board o(HealthAlembet : Thorrrar'fimpb dge,DIES,MD,Cfairrnan,_Jaralhrnr hfarhy,Member;Chegl BarnZak,Clergy NeaA Debartm:ent Stafl:Swan Sanyer,Heallb Director Deem Rillahan,Public Heallb Nurfe;Miehel Grant,Public Health inp,aor;Pamela DelleCbiaie, HealtG Department Aasislad consultant. To him it was clear that the area was pulled out and filled. Being there is the clearest thing. Mr. Markey would just like to clarify with an Auger, as it takes 5 minutes, and it's done. Another issue is the volume of the force main/pump chamber— question about not asking for runback/drain back. Mr. Dufresne expressed that sometimes the reviewer ask for it and sometimes they don't.. Mr. Markey states that they do not need to ask for anything under 50 feet. It is not an exact science. Anything over 50 feet,we need to know. The Board wants to be consistent with everything. Mr. Markey states that it is tough to do the reviews and not fall for the flavor of the month, as there is always something to learn that is new. . Motion Mr. Markey makes a motion to approve the variances as to the plan. The plan needs to reflect the 58 feet. The letter does not match what is on the Plan. Grant a variance for an LUA for septic tank to slab foundation from 10 feet to 5 feet, and local BOH waiver from 100 feet to 58 feet, and septic tank to be 68 feet to 75 feet from the wetlands, The plan needs to be updated with the boring and Local Board of Health waivers. Dr. Trowbridge seconded the motion. IIL. Fee Schedule proposal to increase fees for Fiscal Year 2006. Increase in fees The BOH discussed raising fees at a previous BOH meeting. The Director presented the proposal for approval.A few items are not recommended to be raised as they are already in line with surrounding communities or have already recently been updated to meet fees charged by the outside consultants. Ms. Sawyer does propose that there be a Title 5 Inspector Licensing Fee, as well as a fee for all variances requests that come before the Board for approval. With regard to Title 5 Inspectors, the person would bring in, or mail in, and, at that time, the Health Department would state what the rules are in terms of a fee for Title 5 Inspectors. If an Inspector plans on working in Town,there should be about a $15 fee to submit. The actual registration would be $50, and $15 to submit each report. Mr. Markey proposes charging$25 for each submission to cover time for office staff to review. The Inspector Fee should be$50 annually. Mr. Markey does not like the idea of a variance fee,however. Ms. Sawyer suggests a$10 increase for each commercial permit fee. Dr. Trowbridge asks about day camp reviews, and thinks a re-inspection fee should be added to the list. As of this year,we are charging a $50 re-inspection fee if needed, as some camps have dragged out their paperwork submission beyond the needed date. This is a fairly new regulation, and the Health Department is trying to be reasonable. Discussion on the details of various camp permitting problems this season ensued. For one camp they had no COIN forms ready, and were lacking some necessary health forms. The board members discussed adding in a general re-inspection fee for any permits,not just for the camps. Ms. Rillahan states that the other camp has another week,and the paperwork is supposed to be in a week ahead of time to allow for review. Mr. Markey suggests charging a fee if the paperwork is not in a week in advance, and if the establishment still wants to open,we should June 23,2005-North Andover Board ot'Healtb Meeting—Meeting Minutes Page 10 of 13 Board of Health Menther�: Tholwaa"7rorvhrtdge,DDS,AID,C/iad�na�t,Jonathan Markzy,Member;Clretyl BarnZak,Clerk 1lealdh Debartment Skzfl Sttcarz Sarvler,Health Dhvelor; Debra Mkihan,Pnhlie Health Nur e;Michele Grant,Pnblie Flealtla Itre ector;Pamelsr DvllaChirue, Heallh DeparYirtent Ar islarn pro-rate the charge at a sum of$100 per day. Ms. R:illahan states that we could implement this next year,as we still need to allow some leeway to get everyone on board. We could consult with Town Counsel about asking for fines that could exceed the regulated amount. Mr. Markey states that a fee that is more than initial fee would be the incentive. Ms. Sawyer states states that we are heading in the right direction. Ms. Barczak thinks that a delay in the opening of a camp would have more of an impact. The state allows us to an issue a permit ahead of the day of the camp,but the Town has the leeway. A discussion ensued regarding Mobile Food on-site preparation,which would consist of such things as, sausages and peppers, etc., so the fee should be$130,instead of$85. Dr. Lindsay gets a flat monthly fee of$300.00 to be the Animal Inspector. Ms. Sawyer reminds everyone that the new fiscal year begins next week on July V, and July will be a good time to implement the new fees. Motion A motion was made by Dr. Trowbridge, and seconded by Ms. Barczak to add in a $50 re-inspection fee for anypetmits requiring one. In addition, there will be a $10 fee increase in all Commercial permits. The exception will be no increases in charges for Burial Permits or Funeral Director Licenses or septic fees. V. Review and revise Dumpster Regulations regarding temporary construction dumpsters. Dum_psters A discussion ensued regarding temporary roll-off/construction type dumpsters, that are currently referred to in Section 5.0 of the Health Department Dumpster Regulations. Since the last change, the Building Department went through an increase in fees. The Board of Health has no connection to applicants doing home renovations, etc.,unless they require a sign-off due to having a septic system or a well. The Health Department feels that it is not something we want to keep in the Health Dumpster regulation. The Fire Department considers these types of dumpsters a fire hazard, and is requesting to take it over and monitor throughout the Town. The Health Department does not have the manpower to enforce it. The department is busy, and does not have tithe to go check on temporary dumpsters. Fire Chief Dolan proposed taking it over. Ms. Sawyer suggests going back to Section 5.0. and revising it. Ms. Sawyer only signs off on food or septic on Form U's (otherwise known as building applications). The Fire Department signs off on many more. Ms Sawyer understands the logic, and it is really not related to public health issues—it was simply an idea to bring in more revenue per the previous director. Dr. Trowbridge asks about Section 2.5, and suggests to add a phrase stating that Temporary Construction dumpsters are excluded from the regulations. Also edit the Definitions Section to reflect the current information: "Temporary Construction Dumpsters are excluded from these regulations., but must comply with the Building and Fire Department codes."At the end of Section 2.5, take paragraph from 5.0, regarding compliance with codes, and take out Section 5.0 completely, Motion: Dr. Trowbridge makes a motion to strike Section 5.0 and add wording above to Section 2.5 of the Health Department Dumpster Regulations. Motion seconded by Ms. Barczak. All were in favor. VI. Tattoo /Body Art Regulations June 23,2005-Nwb Andover Board of Health Meeting—Meeting Minutes Page 11 of 13 Boardsrf Health, embers: ThomasTiowbridge,DDS,AID,Chairman,Jonathan Alark.y,Alawber CherylBarctiak,Clergy Health Delmr enl Staff.Swan SwWr,Health Direcla; Debrn Rillaban,Public•Heallh Nurse;Michele Gmrd,Public Health Lt rpector,Pamela De1leChiaie, Heallh Deparlment Assistant Body Art Dr.Trowbridge raises issues such as types of sharps containers,and what is considered an approved source of potable water. Potable water is drinking water. Dr. Trowbridge believes that inks dyes or pigment, should be mixed with distilled water,as he uses distilled water to rinse around the mouth in his dental practice. Section 6.B.5 could be stricter, as this would be a local regulation. Dr. Trowbridge was also at issue with the term"single use paper cup." What qualifies? He presumes one would get 5 oz. size cup and toss it out. Do we need to clarify this? Also, a definition of what is considered"Clean" should be indicated in the definitions section. Section C.S recognizes sterile techniques. Dr. Trowbridge recommends that the Health Department does not provide a model Disclosure Statement, as this could place some liability on the Board of Health, as it is,in essence, a consent form. We can follow the model regulations and use it. Mr. Markey asked about a state form from a organization such as the MHOA,but the North Andover Board of Health should not create it. The people running Body Art establishments are not generally medically licensed people. A model would be like giving instructions to a Funeral Director. Refer to Page 11 on the bottom regarding a Disclosure Statement. Possibly consult something from the state tatoo society? Is there insurance or malpractice insurance? Without a medical license,it is unclear. There is a lawyer for MAHB—Cheryl Sabaraa—she might know. The model regulations also refer to an After-Care Model the Board of Health, Section 7.K.3. The last question is in regard to training,as these regulations reference training records. What do we consider acceptable and unacceptable training? Where does one get the experience? Section 12 E. references training more specifically,page 19. The Board members will review again,and it is probably fine. On page 13 there is a reference to Refusal to renew a permit,it says that it may be suspended, denied or refused based on any present or past violation. It is not fair to say that we could not grant a permit on any past violations. Review the wording for acceptability. In addition, the Health Assistant will research to find out if there are any current Body Art Practitioners, and notify them of the pending regulations and related fee(s). Old Business I. Follow-up regarding Captain Pizza Action Plan—response based on directives from May 2005 Board of Health Meeting. Ms. Grant has been following up with this establishment, and included the current Action Plan in the packets for the Board of Health members. Discussion I, Monthly Health Department statistical reports. Monthly Statistical Report The Health Department Staff thought it would be helpful to present a monthly statistical report to the Board at meetings to see a summary of what was done, such as the number of incoming calls, applications by type,number of permits issued, number and types of complaints, etc. This J<are 23,2005-North Andover Board of Health Meeting—Meeting Minutes Page 12 of 13 Boarel a(Heal//a tl�IernGer: Tlrnn�m I imvG�adge,,DDS,MD,Ghai man,joiaallxm Alrrr�y,, blemGer;GhaiyP 13arctak,Ctark Heallb DehadI nl Slafl:Susan Saiger,Heallh Dirxaor, Debra Rllahan,Pnhk'r Health Nurse;A�liehele G1ila1,I'll e Health )/.�� C r,Pamela DelleGhiaie, Health Deparbnent Assistaia would also help with the Annual Report. The Board Members did not want to add more work for the department,but liked the idea of a brief spreadsheet showing some statistics included in their packets. Ms. DelleChiaie will work on putting something together for the July meeting. Correspondence Letter dated June 10, 2005 from Linda Hmurciak,Assistant Superintendent of the North Andover Water Treatment Plant and summary of the Annual Water Quality Report. Report was sent to all postal patrons, so that every home and apartment in North Andover received a report, even if on a private well. Water report The Town of North Andover Water Treatment Plant has won awards three years in a row. The annual report was included in the packets of the Board Members. On an unrelated issue, Stevens Pond will open on Saturday. Ms. Sawyer will go to the site tomorrow to check the premises. North Andover WTP is not licensed to perform the specific water tests that are needed to test the suitability of the water for swimming, so the Andover Water Treatment Plant performs this function for us once a week every week for the duration of the season Notes The local Septic Regulations will need to reflect the Title 5 inspection fee and the title v inspector license. Update the regulations and bring to the next meeting for review and approval. Meeting Adjournment Dr. Trowbridge adjourned the Board of Health Meeting at 9:03 p.m. Respectfully Submitted Cheryl Barczak,Board of Health Member Julie 23,2005-Nor7h Aladouer Board of Health Meeting—Meeting Minutes Page 13 of 93 Board Health Membare: Tlroaras Trnudnidge,DDS,AID,Chairrnrm,Jonalhan Mark y,Member;Chary173attiak,Clerk Heallh Detarlment St(SA'Sasrrn Se oer,Heallh Dneclor; Debra I illahan,Public Heallh Nurse;Michele Gaud,Pnblie Heallh Inepedor;Pamela DelleChiaie, Heallh D eparbnait Assistant I North Andover Board of Health MEETING MINUTES Thursday,April 28,2005 7:00 p.m. 120 Main Street Town Hall Building 2nd Floor Meeting Room Board Members and Staff Members Present Dr. Thomas Trowbridge,Mr.Jonathan Markey,Ms. Cheryl Barczak,Ms. Susan Sawyer,Ms. Michele Grant;Ms. Debra Rillahan Absent: Ms. Pamela DelleChiaie Call to Order Dr.Trowbridge called the meeting to order at 5:00 p.m. New Business I. Meeting Minutes presented for signature Meeting minutes from February and March were reviewed and signed by the Board of Health Clerk. II. Sewer Treatment Plant information presented by Ken Kimmel Present:Attorney Ken Kirnmell,Rick Hogan,Attorney for GLSD,Town representative on the GLSD Board A discussion ensued, and Attorney Kimmell presented the proposed order regarding GLSD and the palletizing process. He presented into evidence and for the record: 1. Affidavit of Ketih Kennedy 2. MOU of the Town of Winthrop 3. Findings of November 2000 The order had one change regarding the requirement of trucks hauling the pellets or hazardous waste. It would require these trucks to comply with the trash truck route regulation. After lengthy discussion, the order was voted on as follows: Motion Ms. Barczak motioned to change item #8 on the proposed Board ofHealth Order to the prior MOU#24 language, stating limits on the trucks using the Route 133 section that runs adjacent to Lake Cochicewick. Mr. Markey seconded the motion. Ms. Barczak also made a motion to move on the order as amended. Mr. Markey seconded the motion, and the order was approved. All were in favor. Ms. Sawyer will have the final Memorandum of Understanding ready for signature at this coming Saturday's CPR trainer class. In addition, the following statement will be read by a Board ofHealth member at the Town Meeting on May 10, 1005.• April 28,2005-North Andover Board oJHeall6Meeting-METING ARAIMES Page l of 3 Board ofHealth Members:Cheryl Barczak Clerk;7hmnas Trowbridge,DDS,MD,Memher;Janolhan Uarkey,Chairman HealthDamrmuent Smff.'Susan S'miyer,Health Direcior; Debra Rillahan,Public Health Nurse;Michele Grant,Public Heallh Inspector;Pamela DelleChiaie,Heallh Deparbuent Assislant The North Andover Board ofHealth recommends favorable action on Article 2Z This Memorandum of Understanding provides the framework for the Town to provide and receive shared resources and personnel with the other Town members of the Greater Lawrence Coalition Emergency Preparedness Region. There is no direct financial cost to the Town to enact this Memorandum of Understanding. Request from Mr. Ben Osgood of New England Engineering Services to discuss 100 Candlestick Road for: Local Upg•ade Approval Allow reduction in offset distance between the leach bed and a foundation wall from 20 feet required by Title 5, section 15.211(1) to 10 feet. Title 5 Variance Required Allow a reduction in leach area from 1,760 square feet required to 1062.50 square feet using infiltrator chambers. Motion A motion was made by Mr. Markey to allow the Local Upgrade and Title 5 Variances as requested Ms. Barczak seconded the motion. Request from Mr. Ben Osgood of New England Engineering Services to discuss 1160 Salem Street for: Local U12aade Approval Allow reduction in offset distance between the leach bed and a foundation wall from 20 feet required by Title 5, section 15.211(1) to 11 feet. Allow reduction in offset distance between the septic tank and a foundation wall from 10 feet required by Title 5, section 15.211(1) to 5 feet. Local Bylaw Variances Required Reduction in offset distance from the leach bed to wetlands from 100 feet required to 64 feet. Reduction in offset distance from the septic tank to wetlands from 75 feet required to 66 feet. Reduction in offset distance from the pump chamber to wetlands from 75 feet required to 60 feet. Reduction in offset distance from the leach bed to a retaining wall from 10 feet required to 5 feet. Motion A motion was made by Mr. Markey to allow the Local Upgrade and Title 5 Variances as requested Ms. Barczak seconded the motion. Northeast Massachusetts Mosquito Control 2005 Best Management Practice Plan BMP and the District Vector Management Plan VMP. Dr. Trowbridge presented the issue. Citing conversation held with Walter Montgomery of New England Mosquito Control, as well as providing additional facts. He reviewed the details of the 2005 Mosquito Control Plan and its importance in the control of the public health problem. April 28,2005-North Andover Ywrel of Health Aleeting-MEETING MINUTES Page 2 of 3 Board ofHeahh Members:Chepd Barczak,,Clerk;7honras Traivbridge,DDS,MD,Member;Jooallian A-farkep,Chairman Health D�m7ment Sia(*Susan Sai goer,Health Director; Debra Billahan,Public Health Nurse;Michele Grant,l'uhhe Health Lurpectar;Prnxela DelleChia7e,Heath Ueparlruant Assistant If North Andover opts out of the plan, the Board of Health is concerned of what,if any options will be available to the Town in the case of a local identification of a West Nile human case, or mosquito identification with West Nile Virus. Motion A motion was made by Mr. Markey to make a statement at Town Meeting as written by Dr. Trowbridge, seconded by Ms. Barczak. The statement will read as follows: "The North Andover Board ofHealth recommends unfavorable action by Town Meeting on Article 7 to withdraw from the Northeast Mosquito Control District. This program, administered by the state reclamation board, is the most financially effective means available to the Town to perform mosquito surveillance and local control. If the Town withdraws from the program, the district has no authority to provide local services in the case of local outbreak of disease transmitted by mosquitoes." Old Business None Discussion None Correspondence None. Meeting Adjournment The meeting ended at 6:00 p.m. Respectfully Submitted, Cheryl -czak, Clerk North Andover Board of Health April 2fi,2005-North Amdorer Hand of HealdtAgeeiing-MEETING MINUTES Page 3 of 3 Board ofHealth bfenbers:Cheat Barezak,Clerk;Thomas Trowbridge,DDS,MD,Member;Jonathan Markey.Chairman Health Department Staff.'Susan Steger,Health Director;Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela DelleChicie,Health Depannnent Assistant North Andover Board of Health MEETING MINUTES Wednesday,May 25, 2005 7:00 p.m. 120 Main Street Town Hall Building 2nd Floor Meeting Room Board Members and Staff Members Present Dr. Thomas Trowbridge,Mr.Jonathan Markey,Ms. Cheryl Barczak, Ms. Susan Sawyer,Ms. Michele Grant, Ms. Pamela DelleChiaie;Absent: Ms. Debra Rillahan Call to Order Dr. Trowbridge called the meeting to order.at 7:00 p.m. New Business I. Captain Pizza— Mr. Allen Gromko, Food Consultant, presented his findings on an inspection report for the above establishment. Mr. Robert Safi, Co-Owner,was present. Mr. Gromko conducts about 500 food inspections per year. There are a lot of good operations in the Town of North Andover, and the program in place is working well. The Health Department invited Captain Pizza to come to the meeting to follow-up on some repeat issues,in an effort to rectify them. For the last three inspections, the same items noted had to be followed-up on at the subsequent inspections, so the same issues required"revisiting." The walk in refrigerator was opened up on one side to access from the service area and kitchen. The material was exposed on the inside of the refrigerator, and it needed to be scaled to be washable. Six months later, this remained to be fixed. After four more inspections, the area was finally scaled up. Food items such as bags of onions and produce were placed on the wet walk on floors. There is possibility of contamination from moisture and insects. In addition, there has been inadequate cleaning of food splashes under the various machines and on wall. Another major issue is the lack of gloves,while making sandwiches,which was noted several times. In October, someone made a complaint about the lack of glove use. Ms. Grant, Health Inspector responded to the complaint and reminded Captain Pizza of the requirement. On the following inspection, three months later, no one was wearing gloves. Re-inspections were scheduled five times. Mr. Gromko, noted that in the Town of Ipswich, there is a re-inspection rate of 7%, and here it is 71%. We cannot have this kind of a record. Dr. Trowbridge noted there were a total of 12 inspections—over 7.5 years, and an additional five inspections. Regular inspections are unannounced,but advance notice is given for re-inspections to allow compliance with the previous inspection, so the establishment should have been prepared. Ready to eat food cannot have direct hand contact. It is not mandatory to wear gloves, so if one does not, one needs to use tongs, or something else, so as to not have bare hand contact with the ready to eat foods. Ms. Sawyer asked about certification in Se-tvSafe. The owners were certified about four years ago. Mr. Safi noted that a few years ago, there was a break in, and their certificate was damaged so he recently requested a copy of a new one to replace it. He states that one of the issues mentioned is caused by having May 25,2005-North Andover Board qfHeallh Meeting-MEETING MINUTES Page I of Board of Health Members:Chetyl Barezak,Clerk;77iomas Trowbridge,DDS,1,11),Member;Jonathan Markey,Chairman Health Dqvi-Intem Statf.Susan,knqer,Health Director; Debra Rillahan,Public Health Nurse;Alichele Grain,Public Heallh Inspector;Pamela Delle('11jaie,Reallh Department Assisfuni too much food delivered at once, and there is not enough storage space. They are working with the supplier to change delivery schedule. Mr. Safi acknowledged that he has had problems with employee's lack of getting things clean in the past, and he takes the blame for not getting it done. The action plan is to get distributors to deliver foods at different times, signs telling employees about the rules, and installing additional shelving. When the orders come in, they come between 10:30-1:00. Items must be 6 inches off the floor. Dr. Trowbridge asked about the inspection report on March 31, 2005. Mr. Safi stated that the items cited on the second page,were corrected by April 15,2005. Captain Pizza has been in business since 1986. Mr. Safi acknowledges that they were negligent in following up with issues at the restaurant, as he and his co-owner are now married, and both have newborns, and are very busy. However, they are working on getting back on track. Dr. Trowbridge asked that Captain Pizza work closely with Ms. Grant to obtain a written plan to look at, such as racks off the floor, and delivery schedules, Over seven times, there have been five continuous issues to be addressed. The Board of Health needs something more specific, and they want to see an improvement by the next Board Meeting in June. Ms. Grant stated that she had some recommendations such as no further critical violations;have a SeivSafe certificate re-issued every three years, and take a class in conjunction with the certificate. This will allow for a refresher training experience. Over the course of five years,many things can be forgotten. It is important for the Town of North Andover to know that food establishments are reminded of the protocols on a regular basis by taking a class and renewing their food certifications. Ms. Grant thinks that both owners should take the class, as a good reminder. Ms. Sawyer placed a sample in the meeting packets of something to send over. Captain Pizza made a sign to instruct employees to wash hands before touching foods. This is not what the Health Department wants them to do. The concept of not touching ready to eat foods with bare hands is not being understood. Dr, Trowbridge asked when the course will happen. Ms. Grant wants to know a date where the course will be and to have Captain Pizza indicate that on their action plan. The plan should indicate the items that need to be changed, and when they are met, so that the criteria of the Massachusetts Food Code will be met. Dr. Trowbridge states that he understands that the establishment is busy,but if they have a plan in place the outstanding items will be addressed. The course will help alleviate the problems. Dr.Trowbridge requested that an action plan be worked on and that the owners meet with Ms. Grant over the next month to show their progress, and the results will be reported on at the next meeting. MOTION Dr, Trowbridge suggests that a Motion be made to mandate that Captain Pizza have their certifications renewed every three years instead of the usual Eve years. There will be four inspections per year for one year and a written action plan submitted to Ms. Grant that can be reviewed over the next month. Ms Grant suggests that Mr. Safi take a week to write down the action plan, meet with Ms. Grant, and she will bring it to the Board for review. Within seven days, a plan must be submitted in writing, come in for a meeting and make adjustments as necessary. These are requirements specilrc to this site. If they can pass four re-inspections, that will be the proof that the issues have been resolved Ms. Barczak made a motion to allow the four inspections per year. If there are no critical violations, the establishment willgo back to the regular inspection schedule. The establishment workers will be certified in ServSafe every three years. Mr. Markey seconded the Motion, All were in favor. A4gp 25,2005-Norlh Andover Brxrrd gfHeahhhleetlng-HEFTING MINUTES Page 2 of I Board ofilealth Members:Cheryl Barczak,Clerk;Thomas Trowbridge,DDS,AID,Mlember;donalhanMark?y,Chairman Health Department Staff.,Saran Smt}per,Heahh Director;Debra Rillahan,Public Health Nurse;Michele Grant,Prthlic Health Inspector;PamelaDelle0naie,Health Department Auismnr TBI Hearin The first public hearing will take place on Wednesday,June 15,2005 at the North Andover Middle School Auditorium. The hearings are expected to be several nights up to eight nights. The remaining dates will be worked out on the first night. The Health Department has been assured by the people involved in setting up the space that the hearing will be on cable television, and will be videotaped, and voice recorded as well, The Health Department received a Statement of Resolution from the Board of Selectmen of non-involvement in the production of the hearings. Those who will be able to participate in the hearing will need to file a Petition to Intervene and submit to the Hearing Officer and other parties of interest. There was a question regarding a non-formal evening which would not be governed by formal rules. Attorney Kiinmell felt that to have a very open session is unnecessary, and would create chaos. Mr. Markey agrees with Attorney Kimmell, and is basing his decision on fact and testimony. What he is not taking into account is opinion by abutters or anything non-technical, or related to opinion. As it stands now,it appears that 1/3 of the residents do not want a trash plant, 1/3 does not want a strip club, and 1/3 does not want either one. An informal meeting would not be within the strict guidelines of the hearing. There is a written comment opportunity, such as an open mike night,which will be read by the board members. Those comments will not be subjected to cross examination,good bad or indifferent, and that will be part of the hearing record. The Board of Health does not feel a need to do this. Attorney Kimrnell wants a sense from the Board of what to communicate back to the TBI lawyer. The other item was whether to agree to have our experts meet and review the reports with TBI's experts before the trial. This would open a lot of potential for criticism, and does not feel it would be a good idea to meet together and hash out differences, as there is no benefit to be gained by that. Mr. Markey states this is the main reason why we are having the hearings. Attorney Kitmnell is out of the office a couple of weeks in July. He has a list of people who can and can't come. The first meeting will determine the other dates of hearings. There will be a lot of procedural items on the first night. Dr, Trowbridge asks to be updated on any submissions received to gain a sense of who is participating, etc. Old Business None Discussion CPR Trainings Dr. Trowbridge was hoping to speak with Ms. Rillahan regarding upcoming CPR trainings. Ms. Barczak is getting certified soon, and will be assisting Katie Vozeolos,Lead School Nurse on Friday, so she will then be certified to teach. Per Ms. Sawyer,Ms. Rillahan met with Deputy Martineau today to go over the logistical items needed for paperwork, etc. There are some health agents and firemen that still need to be trained. Some may want a night or a weekend class. Chief Dolan also has restaurants interested in training their workers. Ms. Sawyer notes the opening up of pools, and asks about CPO certification, and asks about lifeguard certification, CPR cards, etc. This opens up discussion for more training. Dr.Trowbridge will follow-up with Ms. Rillahan next week. May 25,2005-Nm7h Andowr Bomzl of Heahh Meeling-MEE71AIG MINUTES Page 3 of 4 Board ofHealth Members:Cheryl Barezok,Clerk;Thomas Trowbrhlge,DDS,MD,Member Jonenhmn hlarke}%Chairman Health Department Staff.•Susan Smvr vr,Health Director; Debra Rillahan,Public Health Nurse;Michele Gram,Public Health Insyeclor;Pamela DelleChiaie,Heahh Departmeml Assislamt Body Art Regulations These regulations have been discussed for many months. Ms. Sawyer went back to the state model regulations and printed out, and look them over for the next 30 days, as it is something that the Board of Health would like to do to promulgate or publicize the regulations. Ms. Sawyer would like to bring it up next month,and come to serious discussion on any points. The state model regulations were looked at by the state health office. There are a variety of wordings,but each one is very similar. It is not illegal to have a Body Art establishment. There is no state regulation, and the model regulations are not currently in active legislation. Therefore,individual towns can adopt regulations on their own. This is basically a boilerplate file, and can be modified by each town. The State model is 22 pages,with a lot of definitions. Dr. Trowbridge suggested that each member review, and a discussion will ensue next month. Ms. Sawyer may want certain types of vaccinations, to prevent blood-borne illness. Dr. Trowbridge asks if we need to declare a public hearing to enact this regulation, or announce that we are going to address this issue. There may be individuals who want to do permanent makeup, or tattooing, and there may be someone doing it that we are not aware of. The Board of Health would adopt the regulations, then there would be an application and it would refer to whatever the current fee schedule is. Title 5 Invalid Inspections A review of letters from the state was made, and discussion of what is involved in becoming a Title 5 Inspector, Note box, type of vegetation, note of odors. Ms. Sawyer is considering a fee to charge per Title 5 submission and for the time taken to review each inspection. There area also no re-certification requirements. Mr. Markey states that this process is changing. There is an issue of proving whether the actual inspector is at the site. Perhaps each Title 5 report should be submitted with a picture of the indicated inspector, or have the homeowner sign a paper to certify the report. . Temporary Food Inspections Dr. Trowbridge arrived at the Sheep Shearing to observe how Ms. Sawyer and Ms. Grant conduct Temporary Food Inspections. A discussion ensued reviewing what happens during temporary food inspections,how long, and what the cost is, etc. Correspondence None. Meeting Adjournment The meeting ended at 8:32 p.m. Respectfully Submitted, Cheryl rczak, Clerk North Andover Board of lalth May 25,2005-North Andover Baird of Health Meeting-A 1EMYNG AKNUITS Page a of d Boarel ofHealth Members:Cheryl Barczak,Clerk;Thomas Trowbridge,DDS,AID,Memher;Jonathan Markey,Chairman Heahh Deparhnenl StnN•Susan Smiq er,Health Director;Dehra RAlahan,Public Health Nurse:Michele Grant,Pahlic Heahh InsPeclor;Pamela DelleChiafe,Health Deparlmenl A vistani North Andover Board of Health MEETING MINUTES Thursday,June 23, 2005 7:00 p.m. 120 Main Street Town Hall Building 2nd Floor Meeting Room Members and Staff Present Thomas Trowbridge,Jonathan Markey, Cheryl Barczak, Susan Sawyer, Debra Rillahan,Pamela DelleChiaie Call To Order The meeting was called to order at 7:10 p.m. by Tom Trowbridge, Chairman New Business I. Meeting Minutes Final Approval for March,April, and May 2005. The Board Members decided to take no action and to hold off on signing to have more time to review the minutes. Members will plan to approve in July. II. 29 Bradford Street—Proposal from Steven Pouliot,Project Manager, of New England Engineering to request the following: Local U12 ade Approval Required Allow reduction in offset distance between the leach bed and a foundation wall from 20 feet required by Title 5, section 15.211(1) to 10 feet Local Bylaw Variance Required Allow a design based on 3 bedrooms in lieu of a 4 bedroom minimum requited by the North Andover Health Bylaw. Approval of this plan requires that a deed restriction limiting the dwelling to 3 bedrooms be recorded at the registry of deeds. The engineer was not present at the meeting, and this item is tabled until the July 28`"meeting. No representative from NEES present. III. 1132 Salem Street—Proposal from William Dufresne, Project Manager at Merrimack Engineering Services, Inc. to request the following: Local Bylaw Variance Required Allow a design to receive a variance from the Board of Health regarding Regulation 5.02 which requires the S.A.S. to be 100 feet from a wetland and the septic tank to be 75 feet from a wetland. Due to site limitations, request a waiver for the S.A.S. from 100 feet to 58 feet and the septic tank from 75 feet to 68 feet from the wetland respectively. Jtstre 23,2003-North AndoUer Board of Heallb Meeting—Meetln Mrr�r�tes Page 1 of 6 Board oJTleallhAlemberr: Thomas Dwvbrulge,DDS AID,Chairman )onathanAlarkg, Vlelwber•;CheylBarctiak Clerk, Heallb Doa lmenl Stall.Susan Sawyer;Heallb Dntclor; Debra Rillaban,Public Heallb Nrn_se;Alicbele Grant,Public Heallh Iuspeelor;Pcmrela DelleChude, Heallb Departmenl As islewl A discussion regarding the property ensued. Mr. Dufresne was present with the homeowners,Mr. &Mrs. Adams to present the plan. The engineer is asking Local Upgrade (LUA). Mr. Markey questioned Mr. Dufresne and it was made it clear that the system cannot go on the side with the fence area due to the Conservation Commission rules and because of the 20 foot pool offset. There is not enough area on the side, so there is no other place for system to go. The homeowners are scheduled to be in front of the Conservation Commission next week on the 27`x' for review. The letter sent back from Bill Dufresne had a couple of requests: Through conversation, there were a couple of questions regarding the fact that the reviewer pointed out the distance to the groundwater and the test pits which are located on the side, and the groundwater is 34- 36 inches. Notes regarding the test pits. As it goes up, there needs to be compensation for the hill. Since no test holes,Mr. Ottenheimer of Mill River Consulting, felt there should be some consistency. Mr. Dufresne believes that there is fill there, and is not something we should do. He would like the Board to accept that the groundwater of 36 inches is correct throughout the system. Ms. Sawyer asks for Mr. Markey's opinion. Mr. Markey would like to offer that he agrees with both sides,but there needs to be happy medium. It appears that the design is based on 50%rule with the grade adjustment, Mr. Markey would be willing to make out a deal, so that homeowner does not have to dig another test hole. What he wants to do is have Ms. Sawyer or Ms. Grant go to the site, and auger down in the corner down to the C layer and get a depth. Therefore, a backhoe would not be needed for a day, and to have to redesign the whole plan. Mr. Dufrense tries to state his intentions for each site out in the field with the consultant. To him it was clear that the area was pulled out and filled. Being there is the clearest thing. Mr. Markey would just like to clarify with an Auger, as it takes 5 minutes, and it's done. Another issue is the volume of the force main/pump chamber— question about not asking for runback/drain back. Mr. Dufresne expressed that sometimes the reviewer ask for it and sometimes they don't.. Mr. Markey states that they do not need to ask for anything under 50 feet. It is not an exact science. Anything over 50 feet,we need to know. The Board wants to be consistent with everything. Mr. Markey states that it is tough to do the reviews and not fall for the flavor of the month, as there is always something to learn that is new. . Motion Mr. Markey makes a motion to approve the variances as to the plan, The plan.needs to reflect the 58 feet. The letter does not match what is on the plan. Grant a variance for an L UA for septic tank to slab foundation from 10 feet to 5 feet, and local BOH waiver from 100 feet to 58 feet, and septic tank to be 68 feet to 75 feet from the wetlands, The plan needs to be updated with the boring and Local Board ofHealth waivers. Dr. Trowbridge seconded the motion. III. Fee Schedule proposal to increase fees for Fiscal Year 2006. Increase in fees The BOH discussed raising fees at a previous BOH meeting. The Director presented the proposal for approval. A few items are not recommended to be raised as they are already in line Jim 23,2005-North Andoter Board ol-Health Meetitag—Meeting Minutes Page 2 of 6 Board ol�I ballh Members: Thoma_r'frowfirr"dge,DDS AM,Chairman,Jonalhan Ala ikey,Alembu;Cheryl Barztiak,Clerk, Health Debariment .Staff Sn.�an.Sawyer,Health Dim-tor; Dehm Rillahan,Public-Health N rfe,Alkhete Grant,Public Health lmipeaor;Pamela DelleChiaie, Health Deparlment As;irlanl with surrounding communities or have already recently been updated to meet fees charged by the outside consultants. Ms. Sawyer does propose that there be a Title 5 Inspector Licensing Fee, as well as a fee for all variances requests that come before the Board for approval. With regard to Title 5 Inspectors, the person would bring in, or mail in, and, at that time, the Health Department would state what the rules are in terms of a fee for Title 5 Inspectors. If an Inspector plans on working in Town, there should be about a $15 fee to submit. The actual registration would be$50, and $15 to submit each report. Mr. Markey proposes charging$25 for each submission to cover time for office staff to review. The Inspector Fee should be $50 annually. Mr. Markey does not like the idea of a variance fee,however. Ms. Sawyer suggests a $10 increase for each commercial permit fee. Dr. Trowbridge asks about day camp reviews, and thinks a re-inspection fee should be added to the list. As of this year,we are charging a$50 re-inspection fee if needed, as some camps have dragged out their paperwork submission beyond the needed date. This is a fairly new regulation, and the Health Department is trying to be reasonable. Discussion on the details of various camp permitting problems this season ensued. For one camp they had no CORI forms ready, and were lacking some necessary health forms. The board members discussed adding in a general re-inspection fee for any permits, not just for the camps. Ms. Rillahan states that the other camp has another week, and the paperwork is supposed to be in a week ahead of time to allow for review. Mr. Markey suggests charging a fee if the paperwork is not in a week in advance, and if the establishment still wants to open,we should pro-rate the charge at a sum of$100 per day. Ms. Rillahan states that we could implement this next year, as we still need to allow some leeway to get everyone on board. We could consult with Town Counsel about asking for fines that could exceed the regulated amount. Mr. Markey states that a fee that is more than initial fee would be the incentive. Ms. Sawyer states states that we are heading in the right direction. Ms. Barczak thinks that a delay in the opening of a camp would have more of an impact. The state allows us to an issue a permit ahead of the day of the camp,but the Town has the leeway. A discussion ensued regarding Mobile Food on-site preparation,which would consist of such things as, sausages and peppers, etc., so the fee should be $130,instead of$85. Dr. Lindsay gets a flat monthly fee of$300.00 to be the Animal Inspector. Ms. Sawyer reminds everyone that the new fiscal year begins next week on July 1 and July will be a good time to implement the new fees. Motion A motion was made by Dr. Trowbridge, and seconded by Ms. Barczak to add in a $50 re-inspection fee for any permits requiring one. In addition, there will be a $10 fee increase in all Commercial permits. The exception will be no increases in charges for Burial Permits or Funeral Director Licenses or septic fees. V. Review and revise Dumpster Regulations regarding temporary construction dumpsters. Dumpsters A discussion ensued regarding temporary roll-off/construction type dumpsters, that are currently referred to in Section 5.0 of the Health Department Dumpster Regulations. Since the last change, the Building Department went through an increase in fees. The Board of Health has no connection to applicants doing home renovations, etc.,unless they require a sign-off due to having a septic system or a well. The Health Department feels that it is not something we June 23,2005-North Andover Boaz d of Health Aleeting—Meeting Minutes Page 3 of 6 Board oHealthAlemher: Tho:nasTrowbridge,DDS All),Cbahrr�nu,janadhaaMa�key,,Rlembar;CheytBare�ak,G'lar� I llepa�tmeat ,StaHi Sn.�an Smvyer Flealth Dhvaor, Debra Itrllahau,PraGl✓'a Heat/!�Naret,AllcGcle Gia�rl,PtrGtit I�eatdl:Lre�ector,Pamela➢etteChiaee, Health Department Axustaat want to keep in the Health Dumpster regulation. The Fire Department considers these types of dumpsters a fire hazard, and is requesting to take it over and monitor throughout the Town. The Health Department does not have the manpower to enforce it. The department is busy, and does not have time to go check on temporary dumpsters. Fire Chief Dolan proposed taking it over. Ms. Sawyer suggests going back to Section 5.0. and revising it. Ms. Sawyer only signs off on food or septic on Form U's (otherwise known as building applications). The Fire Department signs off on many more. Ms Sawyer understands the logic, and it is really not related to public health issues—it was simply an idea to bring in more revenue per the previous director. Dr. Trowbridge asks about Section 2.5, and suggests to add a phrase stating that Temporary Construction dumpsters are excluded from the regulations. Also edit the Definitions Section to reflect the current information: "Temporary Construction Dumpsteis are excluded from these regulations., but must comply with the Building and Fire Department codes."At the end of Section 2.5, take paragraph from 5.0, regarding compliance with codes, and take out Section 5.0 completely. Motion: Dr. Trowbridge makes a motion to strike Section 5.0 and add wording above to Section 2.5 of the Health Department Dumpster Regulations, Motion seconded by Ms. Barczak. Alt were in favor. VI. Tattoo / Body Art Regulations Body Art Dr. Trowbridge raises issues such as types of sharps containers, and what is considered an approved source of potable water. Potable water is drinking water. Dr. Trowbridge believes that inks dyes or pigment, should be mixed with distilled water, as he uses distilled water to rinse around the mouth in his dental practice. Section 6.B.5 could be stricter, as this would be a local regulation. Dr. Trowbridge was also at issue with the term"single use paper cup." What qualifies? He presumes one would get 5 oz. size cup and toss it out.. Do we need to clarify this? Also, a definition of what is considered"Clean" should be indicated in the definitions section. Section C.8 recognizes sterile techniques. Dr. Trowbridge recommends that the Health Department does not provide a model Disclosure Statement, as this could place some liability on the Board of Health, as it is,in essence, a consent form. We can follow the model regulations and use it. Mr. Markey asked about a state form from a organization such as the MHOA,but the North Andover Board of Health should not create it. The people running Body Art establishments are not generally medically licensed people. A model would be like giving instructions to a Funeral Director. Refer to Page 1.1 on the bottom regarding a Disclosure Statement. Possibly consult something from the state tatoo society? Is there insurance or malpractice insurance? Without a medical license,it is unclear. There is a lawyer for MAHB—Cheryl Sabaraa—she might know. The model regulations also refer to an After-Care Model the Board of Health, Section 7.K.3. The last question is in regard to training, as these regulations reference training records. What do we consider acceptable and unacceptable training? Where does one get the experience? June 23,2005-Nwb Andoi er Board of Healtb Meeling—Meetia Minutes Page 4 of 6 Board HeallhAfemherr; ThomasTioaulnzdge,DDS,AID,C,hailrnarn,]onalhanMarky,Membe Cho /Barctiak,Clerk Heallh DeLadmenl Sla((Susan Sawyer Heallb DiaQor; Debra Rillahan,Puhlie Heallh Muse;Michele Granl,PnGlic Heallh In.�beclor;Pamela DelkChieie, Heallh D pinlmeni A sislanl Section 12 E. references training more specifically,page 19. The Board members will review again, and it is probably fine. On page 13 there is a reference to Refusal to renew a permit,it says that it may be suspended, denied or refused based on any present or past violation. It is not fair to say that we could not grant a permit on any past violations. Review the wording for acceptability. In addition, the Health Assistant will research to find out if there are any current Body Art Practitioners, and notify them of the pending regulations and related fee(s). Old Business I. Follow-up regarding Captain Pizza Action Plan—response based on directives from May 2005 Board of Health Meeting. Ms. Grant has been following up with this establishment, and included the current Action Plan in the packets for the Board of Health members. Discussion I. Monthly Health Department statistical reports. Monthly Statistical Report The Health Department Staff thought it would be helpful to present a monthly statistical report to the Board at meetings to see a summary of what was done, such as the number of incoming calls, applications by type,number of permits issued,number and types of complaints, etc. This would also help with the Annual Report. The Board Members did not want to add more work for the department, but liked the idea,of a brief spreadsheet showing some statistics included in their packets. Ms. DelleChiaie will worli on putting something together for the July meeting. Correspondence Letter dated June 10, 2005 from Linda Hmurciak,Assistant Superintendent of the North Andover Water Treatment Plant and summary of the Annual Water Quality Report. Report was sent to all postal patrons, so that every home and apartment in North Andover received a report, even if on a private well. Water report The Town of North Andover Water Treatment Plant has won awards three years in a row. The annual report was included in the packets of the Board Members. On an unrelated issue, Stevens Pond will open on Saturday. Ms. Sawyer will go to the site tomorrow to check the premises. North Andover WTP is not licensed to perform the specific water tests that are needed to test the suitability of the water for swimming, so the Andover Water Treatment Plant performs this function for us once a week every week for the duration of the season Notes The local Septic Regulations will need to reflect the Title 5 inspection fee and the title v inspector license. Update the regulations and bring to the next meeting for review and approval. June 23,2005-North Andoaer Board of Health Meeting—Meeting Minutes Page 5 of 6 Board of Health Meu�ber:�: Thomas T owlnid�ge,DOS,AID,CGaiiinaa,Joraallhan dIarke Member;Cheryl Barnzyk,Clerk Heallh Doarinie»l Slalf Susan Sawyer Ileallh Dbrelor; Debra Rillsrhan,Public Health Nur fe;Aliehele Gnanl,Public Heallh Impeelor,Pvnr&DelleChiaie, Health Depar lmenl Assislanl Meeting Adjournment Dr. Trowbridge adjourned the Board of Health Meeting at 9:03 p.m. Respectfully Submitted It - Cheryl Barcz Board of He Member Jlme 23,2005-Noah Andover Board of Health Meeting—Meeting Minutes Page 6 of 6 Board g('IleallhMembeiir. "I'homa.c Yombtidge,DDS,AID,Channran,,JonadmnMarkey,Member;Cheiyl Banr!�pk,Clerk Heallh D�co>menl .SfaB:Snant S(myer,Heallh DiixaYoi; Debra Billahan,,Public:Health Nuaxe;Mitbele Granl,Public Ileallh In.9beclor;Pamela DellaChiaie, Health Depaa/meal As isleml North Andover Board of Health MEETING MINUTES Thursday,July 28, 2005 7:00 p.m. 120 Main Street Town Hall Building 2 n Floor Meeting Room ..............., ,,, Hearin I. Sam's Mobil—Tobacco Hearing—presented by Ron Beauregard of Healthy Communities regarding second violation of tobacco sales. Mr. Ron Beauregard of Healthy Communities Tobacco Program was present to remind everyone that the goal of preventing youths from starting smoking. On June 22"d at 11:42 a.m., he drove a female youth, age 17, to Sam's Mobil. The car was parked adjacent to the establishment. The youth came back with a package of Newport cigarettes for which she was charged$5.09. A citation was completed,indicating a fine of$200.00 due to the fact that within two years, the previous violation was in November 2003. All violations have been paid to date. Mr. Beauregard spoke with Mr. William Demelis, Store Manager after the incident, and reminded him that while this activity results in undesirable consequences of business ticketing, but we all want same result. We don't want youths buying cigarettes. There is nothing personal about the process. Each establishment is approached in the same manner. Mr. Beauregard asked for a copy of the tobacco regulations. He recommends that we go forward with the regulations that were promulgated. The important message to get across is that this process should not be viewed as a penalization,but of education. This particular incident has triggered frustration on the part of Mr. Ameen, as there have been several training sessions to address these issues. However,people make mistakes,but we all strive for the best. Dr. Trowbridge notes that the permit should be suspended for 7 days, and pay a fine. The fine was paid by the establishment. The issue to consider is whether to suspend the permit to sell for 7 days, and whether to fine the manager,who trains all employees Mr Beauregard suggests that if even if it was on a temporary basis, all patrons should be identified. There have been other communities which have made this a policy,and sales to minors were substantially reduced. Mr. Beauregard compares this method to Fenway Park, where the food person identifies everyone before selling beer, not just the obviously younger people. He also suggests a suspension of 4 days, and a $25 fine as this is a manager. In addition,he recommends that all cigarettes be put away, and that the signage be clear. Mr. Ameen is willing to try this. Motion Dr. Trowbridge made a motion to impose a three (3) day suspension,no fine to the employee, and 6 month policy of identifying all patrons. Motion was seconded by Ms. Barczak. Note: She Board of 9feafth reserves the right to take items out of order and to discuss andlor vote on items that are not listed on the agenda. Jul y 28,2005-Norlb Andover Board of Health Meeting-Minutes Page 9 of 5 Boar!o)'Heallh Members: Thomas Trorvinidge,DDS,AID,Chairman,Jonalhan Marko.},,Member Cberyl Beur,ak,Clerk Ileallh Doarimenl SlaBi Sn.an Kno er,Ilea/lb Direelor; Debra Rillahan,Public Heallh Nur re,•Michele Grant,Public Heallh Inepeaor;Pamela DelleChiaie, Heallh Depalmenl Arsirlanl Call to Order The meeting was called to order by Dr. Trowbridge at 7:05 p.m. Present: Dr. Tom Trowbridge,Jonathan Markey; Cheryl Barczak New Business I. Meeting Minutes - Final Approval for March,April, May and June 2005. II. 29 Bradford Street—Proposal from Steven Pouliot, Project Manager, of New England Engineering to request the following: Local Upgrade Approval Required Allow reduction in offset distance between the leach bed and a foundation wall from 20 feet required by Title 5, section 15.211(1) to 10 feet Local Bylaw Variance Required Allow a design based on 3 bedrooms in lieu of a 4 bedroom minimum required by the North Andover Health Bylaw. Approval of this plan requires that a deed restriction .limiting the dwelling to 3 bedrooms be recorded at the registry of deeds. Ben Osgood presneted asking for above. LUA, reason trying to keep disturbance to site to a minimum. Lot slopes down to the right, and put the system. Narrow area, and large trees, moved system close to the house,poly barrier between system and the house. In the bylaw, that all septics be designed for 4 bedrooms. Would like to design for 3 bedrooms. If we go to a four bedroom dwelling,it needs to be reconstructed. New construction must be 4 bedrooms. Anything 3 bedrooms states deed restriction. SS thinks this is an error in Title 5. BO states that most of the homes in N.Andover are 4 bedrooms. JM states that#4 is for the intent of#!. This would be just to get a minimum square footage. BO does not want to have to raise the yard up. Trying to prevent cutting the number of trees down. Trying to minimze. Must lose one close to house. Seven others would be saved by welling around them. Out back is wooded. Can see the tree line,it runs downhill.. TT asks what is in the front,which is a lawn area with scattered trees. JM asks about groundwater. BO, 72, 68, 67. JM asked for an analysis for taking down the trees, and extra sand. Would like something on file in form of a letter. Taking down a large tree is about$1,000. A lot of it has to do with the owners wishes. This is a ranch house, 7 rooms total. SS states that this is a precendence issue. TT asked that the rational of the 20 feet is so that the basement does not fill up with sewage. This is what the poly barrier is for, states Ben. SS asks about the steepness of the back. Probably drops another 5 Or 6 feet. BO states that they can move it over, and 20 feet. SS states that a drip irrigation system would be a good system for this. This would be good for around the trees. JM states the offset in cost. Will allow the three bedroom,but find another way to get system 20 feet off of that. Motion to allow Variance, but not LUA. Motion made by JM, and seconded by TT. III. 94 Boxford Street—Proposal from Thomas Hector,Project Engineer, of New England Engineering to request the following: Local Upgrade Approval Required Note: 2Tie Boardof 9feafth reserves the right to take items out of orderand to discuss and/orvote on items that are not listed on the agenda. July 28,2005-Nafih Andomi Boal-d of Health Meeting-Minutes Page 2 o f S Board r(f'Healllj Members: 'Thomas Trwabiidge,DDS,A11D,Chairman,jam/han Marky,bfemher;Cheryl Batvjzak,Clerk Health QLarimenl Slafli 3?1'ran Sanger;Heallh Dhvaoi Dehra Rillabau,Public Heallh Nurse;Alichele Grant,Puhlie Health ln.pector;Pamela DelleChkde, Heallh Deparmiod Ar.i slant A reduction in separation distance between the ESHGW and the bottom of leach bed from 4 feet required by Tide 5, Section 15.212(A) to 3 feet. Local Bylaw Variance Required Allow a septic system be designed to serve three bedrooms in lieu of 4 bedroom minimum required by North Andover Health Bylaw. Submitted a revised plan to the 4 foot offset water table. This looks like a 3 bedroom house,but it is really a 4 bedroom house. Confirmed with owners, that it is a nine room house. 3 bedrooms on 2 floor, and other rooms on bottom floor. SS asked for a re- design for a 4 bedroom, and not ask for a LUA. With a deed restriction,would only do, when finishing a basement. Whatever it is designed for now, must be designated as the bedroom. Walk in front door, there are two living rooms, open concept. Two stairways. On each side of the right stairway,it is open all throug the house. Left side is a dining room and a kitchen combined. The system failed. When sold the last time, did not inspect drywell for washer. When tied in the washer, caused not to be sufficient. Back area is landscaped and wooded. 20 feet out, 4 foot stonewall length of house. This yard goes up, and top of woods,They hit refusal,wnet out off front stairs, there is tough area out there.Very expensive, take down stone walls and landscaping. H/O want to use front yard,not back. If sized for 4 bedroom, how much larger would it have to be. There are 20 infiltrators there now. Increase would be 25 or 27. 25 reduced 20%would be a 4 bedroom house. No deed restriction for a size reduction. SS asked about a precedence to worry about. JM states that we will give a 25%reduction, and call it a 4 bedroom house. IV. 82 Paddock Lane—Proposal from Thomas Hector, Project Engineer, of New England Engineering to request the following: Title 5 Variance Required Allow leach field to be located in an area where the depth of pervious "C" layer material is 36" in lieu of 48" required by Tide 5, Section 15.240(1). Response by Consultant feels that there are other ways to gain compliance. Susan wanted to bring. System is ponded with water. Had to dig a hole downhill closer to the house. Removed from proposed system. BO wants variance for an area that may not have 4 feet of soil in it. Have held the system over as close. In the area,there were 4 feet of material. He thinks that an IA system will add$8,000, and comes with a maintenance contract, and$500 a year. Affects saleability of the house. This variance must go through die state. Back in 1984, the test pit area. BO states that existing system is a big tub of water in the ground,backed up. JM states to ask for variance to to use one test pit. JM makes a motion to not grant the Variance on the plan because it is not required, and that a2nd test pit be conducted at time of installation to assure 48 inches of naturally occuring pervious materail. CB 2f,a V. 240 Farnum Street—Proposal from Greg Saab of Engineering& Surveying Services to request the following: Local Upgrade Approval Required Note: the Board of 9lealth reserves the right to take items out of order and to discuss and/or vote on items that are not luted on the agenda. Juy 28,2005-North Andover Board o f Heallh Meeting Minzztes Page 3 of 5 Bomd�'HeallbMenrher,: 1'boma "1'rmvbril'g DDS,AID,Chapman,JonalhmnMarkq} �llember;CherylBan:�ak,G'lerk. Heallh Deparbnenl Staff Susan f aiger,Heallh Dnedor; Debra Billahan,Publi Heallh Nrase;dlichek Grant,Public Health Inspector;Pamela DelleChiaie, Heallh Deparlmenl Assislanl A reduction in separation distance between the ESHGW and the bottom of leach bed from 4 feet required by Title 5, Section 15.212(A) to 3 feet. This is for the groundwater table. Look at page 2 for cross section on lower part of the sheet. On a sloping site. Will see the 3 feet waiver is for the first 2.5 infiltrator units. System averages to over 4 feet to groundwater. This saves cost on wall and sandfill. It is a great improvement over what's there. Dan disagrees with offering this as an option, and recommended denying this request. Went with bed configuration. JM asked how high the walls would be. GS stated that they would be 3.5 to 4 feet with current design. Fits the site. Limited area to work with. The other side of lot there is a catch basin. Must maintain 50 feet to groundwater. Remind Susan to bring her scale ruler. If system was in front of house, there would be a mound. The system is failed, and coming up out of the ground. JM states that if GS asked for an LUA, could keep it on a downslope, and get rid of two front rows. Could shorten wall up at front, and blend into slope, and save evergreen tree. The wall height on back side will remain the same,but out front,wall will taper into the ground in the street. No motion. Greg Saab will resubmit a new design. So suggestions were made. LUA VI. Sign revised Dumpster Regulations regarding temporary construction dumpsters approved at the last meeting. Old Business I. Re-review of Tattoo/Body Art Regulations Tom spoke with Cheryl Sbarra. When state allowed Body Art to happen in MA,what happened was that there was a statute that prohibited tatooing, and the Superior Court in 2000, struck that down. The DPH provided a model code,but not official yet. Letter in 2001 stated would expect early. TT has questions about providing models for consent and disclosure and aftercare instructions. This is not really the BOH role to get in the way of provider and client. The DPH model states that there is a model not necessarily appropriate,not really necessary. There is a model, here is where you can find on the website. Board should not provide a model. Can the Board could require liability insurance. Becomes a problem only when sued. We should not require this type of insurance to keep us out of the middle. Looked fthrough NHOH rules and Discussion I. Review progress on the Bio-terrorism Project/Guide/Handbook By August 30"', supply with GIS mopping All members must take ICS 100 and 700 which is mandated by the state Next month we will have deadlines. We have to buy equipment, find places to store items State looking for warehouses to stockpile items—North Andover in our warehouse. Note. The Board of fealth reserves the right to take items out of order and to discuss and/or vote on items that are not listed on the agenda. juyl 28,2005-North Andover Board of Health Meeting-Minutes Page 4 of 5 Board nJ Flent//1 MemGeef: Tfrnnras Troia�Girdge,DDS,AID,Chaimiau,jonadban Ala�k y,Member,-Chelyl Bare yak,Clerk Heallh Deparlmeul Sla/E Susan Semyer.Heallh Direelor; Debra Billahan,Public Heallh Nurse,Michele Greml,,PubGe Health Iu.rfreaor•;Pamela Dellechiezie, Heallh Deparlmeul Assisleml Tom asked about MAHB updates. Has conflict with 9/22 date. Will change to 9/29. Debbie has not received the allotment notice for the flu vaccine yet. Does not know how much we will eg t this year. Will ask tomorrow in Tewksbury. Tom asked to serve on the committee II. Title V Inspector Licensing The idea is to protect the homeowner from unlicensed inspectors, and charge for review of forms. When the building permit application goes out,it gets routed to all the departments for review. The method for upgrading, and deed restrictions. JM thinks that we should charge $30 for the fee to review the form, and the inspector license should be $25.00 for the license. These would be general fund fees. BO states that his point of view, he thinks it is pure revenue enhancement, as he feels that is another tax. TT states that this is a way to keep track of Title 5 Inspectors. BOH under pressure from Finance Committee, etc., to come up with money to make BOH self sufficient. Came to the conclusion that we don't know everyone who is licensed. Staff spends '/a hour to an hour to review Title 5 Inspections. Board is self sufficient Ad part A, section 3.02. Intent is fine. Idea of putting a picture on license, as we don't know who actually go to the site. No action taken at this time. Correspondence There are no items to review at this time. Adjournment Meeting is closed at 9:36 p.m. Respectfully Submitted, P-, Cheryl Barczak, blerk North Andover Board of Health Member /pfd Note. qhe Board of 9feafth reserves the right to take items out of order and to discuss and/or vote on items that are not listed on the agenda. July,28,2005-Nonth Andooer Board of Health Meeting-Miniltes Page 5 o f 5 Boar!of'HeaUfi Alenahar�: Thomae'lroavhridge,DDS,MD, Alember;Cher}l Baru�lpk Clerk Health Do aalnrearl S1n17 Susan Sawyer,Heallb Direalor Debra Rillahan,Prthlie Heallb Narrre;Aliebele Grand,Public Ileallb Jmq reaor;Pamela De,&Chinie, Heath Dehaalmearl Asslslanl North Andover Board of Health MEETING MINUTES Thursday , August 25 , 2005 7 . 00 p . m . 120 Main Street Town Hall Building 2 " d Floor Meeting Room lllt Call to Order Meeting was called to order at 7:00 p.m. r 'Present Thomas A. Trowbridge,Jonathan Markey; Cheryl Barczak; Susan Sawyer;Debra Rillahan; Pamela DelleChiaie *-New Business I. Meeting Minutes -Postponed until October meeting II. 55 Oakes Drive—Proposal from Thomas Hector,Project Manager, of New England Engineering to request the following: Variance to N.A. Regulation 5.02 Offset distance from wetlands to septic tank from 75 feet to 51 Variance to N. A. Regulation 5.02 Offset distance from wetlands to pump chamber from 75 feet to 56 feet Variance to N.A. Regulation 5.02 Offset distance from wetlands to a leaching facility from 100 feet to 50 feet Variance to N.A. Regulation 1.05 Allow a design based on 3 bedrooms in lieu of a 4 bedroom minimum required by the North Andover Health Bylaw. Approval of this plan requires that a deed restriction limiting the dwelling to 3 bedrooms be recorded at the registry of deeds. Ben Osgood of New England Engineering was present. Jonathan Markey stated that he sees that the proposed variances as the only way that the system can be designed, as it is shoehorned in there. Dr. Trowbridge asked about the deed restriction form,and how does this become active? Ms. Sawyer explained that there is a form that is completed and submitted to the registry of deeds. The homeowner will not get a Certificate of Compliance until this is submitted. Motion: Ms. Barczak made a motion to approve as requested, and Mr. Markey seconded the motion. All were in favor. August 25,2005-North Andover Board of Health Meeting—Meeting Minutes Page 1 of Note: 4);e Board of Neafth 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 Alembr r: "Thomas TrorvbrzrAe,DDS,MD,Chairman,Jonedban Alark�a,Member Cbegl Barc;ak,Clerk Health Qoamllwent Slall SlIsan Sentyer,Ileallb Dinraor; Debrn Klllahmt,Public Heallh Narre;AGchek Grewl,Prrh&Health In freclor;Pamela DelleChiaie, Health Depar7meniAserslanl III. 1365 Salem Street-Proposal from Thomas Hector,Project Manager, of New England Engineering to request the following: Variance to N.A. Regulation 5.02 Reduction in offset distance from wetlands to septic tank from 75 feet to 81 feet. Variance to N.A. Regulation 5.02 Reduction in offset distance from wetlands to septic tank from 75 feet to 51 feet Variance to N.A. Regulation 5.02 Reduction in offset distance from wetlands to pump chamber from 75 feet to 53 feet Ben Osgood was present from New England Engineering. This property is located in between the two entrances to Granville Lane. The septic system failed the Title 5 inspection. The present design is done as to accommodate the home. The tank will be replaced in the same location. Two of the waivers are for the distance to the wetlands, etc. The septic could go 10 feet closer to the road by Title 5,but it would have to go uphill, and would have grading issues, and hit ledge. There were very shallow pits—test pit 1 was downhill, and only 49 inches of material. This design meets Title 5. Dr. Trowbridge asked about a 3-bedroom vs. a 4-bedroom house. This was discussed in the process. This was originally envisioned as being a 4-bedroom house, and it was thought that there would be someone who could add a wall back and make it into a 4-bedroom house. It was assessed as a 4-bedroom, and so it was designed as a 4- bedroom. The homeowner agrees, as they have a large master bedroom, due to the elimination of a wall;however, someone could put the wall back. . Mr. Markey noted that the system cannot get any further away. He agrees that it is cost prohibitive to move the system to the front of the house, as the gas,water and heating are all in the front of the house. Motion: Mr. Markey made a motion to approve as requested, and Ms. Barczak seconded the motion. All were in favor. IV. 72 Paddock Lane Local Upgrade Approval Required Setback from the SAS to a private well from 100 feet to 70 feet Variance to N. A. Regulation5.02 Reduction in offset distance from wetlands to the SAS from 100 feet to 80 feet Mr. Bill Dufresne was present to discuss similar issues to 1365 Salem Street. This septic system also failed Title 5. It is a 4-bedroom home, and is served by a private well. The system does not currently meet the setback requirements, and the proposed system is unable to meet the 100 foot setback. The well is on the front left. About 10 test pits were done, and there is 10-12 feet of fill on the site. A larger excavator was used to dig all the pits. The system can go under the driveway. Motion: Mr. Markey made a motion to grant the Local Upgrade and Variances as requested, and Ms. Barczak seconded the motion. All were in favor. 2W PO WWWW" 11ii iii Old Business I. Re-review of proposed Tattoo/Body At Regulations August 25,2005-North Andover Board of Health Meeting—Meeting Minutes Page 2 of 4 Note. The(Board of.9feaftft reserves the right to tats items out of order and to discuss andlor vote on items that are not Cuted on the agenda. Boas lHcnbh Members: Thomas Tro1vGrr"dge,,DDS,i14D,C'hairmau,joaalhan NJar�ey, Ylenihe� Cheryl Bari yak,G7e�L Heallh Detm'tmeul 3'Iaf(Susan Sawyer,Heallh Dire la; Detain Rillahat,Public Heallh Nur.;e;Michele Gnml,Public Heallh his eeta;Pmnela DelleC.'hiaie,, Heallh Deparlmenl Assislaul Ms. Barczak would like to note that she recently ® read about five young people in Middlebury, VT who had tattoos done which resulted in bacterial infections. Motion: Mr. Markey made a motion to replace the existing Body Piercing Regulations with the new Body Art Regulations signed at this meeting. Ms. Barczak seconded the motion. All were in favor. The regulations will become effective immediately. ,r Discussion I. Title V Inspector Licensing- continued until October II. Mosquito Control Measures In the matter of a recent case of FEE found to have been contracted in or around Salem NH. Dr. Trowbridge would like to have for the record, that he is interested to see that there was a private mosquito company referenced in a recent newspaper article, called,Dragon Mosquito Control. The incidents occurring are essentially one town over, and he wants North Andover to be prepared. Dr. Trowbridge contacted Sarah McGregor, owner of Dragon by phone and they discussed the following: The owner is licensed in New Hampshire,but not in Massachusetts. New Hampshire has private companies that provide mosquito control services. The authorities in Methuen are part of the Mosquito Control District. If a community is part of the Mosquito Control District, only the State Reclamation Board, also known as the Northeast Massachusetts Mosquito Control and Wetlands Management District can provide services. Ms. McGregor identified knowledge of only two private companies in the state. One is in the Berkshires, and one is located in Norfolk County. Along Route 93, there have been several exposures. With regard to EEE in NH in the past month, there have been two humans, two horses, six infected birds, one EMU, and two positive bud cases for WNV. Tests on Friday will determine if there are any additional EEE cases or not. The virus seems to be moving north, not south. Having exited the Mosquito Control District,North Andover has nothing to offer if someone ends up infected in town. The only people who could be hired would be one of the two private contractors to do spraying or localized treatment. As long as the general process is followed, the proposal to be part of the Mosquito Control District can be put on the next Town Warrant. The next special town meeting is December 5"'. If it comes from general citizens, and a minimum of 10 citizens provide a petition, the proposal could be added as a warrant. Mr. Walter Montgomery of the Mosquito Control District has offered to come to the next town meeting to provide any necessary information. III. TBI Hearings A review was done of the money spent to date on the hearings, and what is left to be spent. The CDM maximum is $11,000. There are two fees, a technical and public hearing fee. The costs for the custodian and court reporter will come out of the public hearing monies. The upcoming dates are set for TBI,and a date has been set to tour the New Bedford facility. August 25,2005-North Andover Board of Health Meeting—MeedW Minutes Page 3 of 4 Note: 9fiie Board of 9feafth reserves the rigfit to takf items out of order and to discuss andlor vote on items that are not fisted on the agenda. Board a Heallh Mem6er.r: 7 honrar"I rarubrzd M yl C r Bare!Za,-,Clerk Health llehrzrbnanl SlaNi Sir au.Saruyer,health Dhvelor; Debl-a Rilkihan,Publie Ileallh Ninse;Ali hele Gruul,Puhlie Fleal/fi Lrspeclor Pamela DeQaCbiaia, Heallh DeparlmeulArsislaul IV.��„ Merrimack Vall — m,, m ey Nutrition Project—This program provides the Meals on Wheels for the senior population. The Food Code requires certification of people who handle food, and there are a lot of volunteers. The food originates from the technical school. A waiver was requested from the state for this requirement to have a certified food person present. The organization provides a mini training for what they do. Annually, they ask to renew the variance with the local Boards of Health, and the volunteers will be provided with the training. It is believed that the risks are at a minimum. Ms. Sawyer requested a vote to renew this for the MVNP. Motion: Ms. Barczak made a motion to renew the variance for the above, and Mr. Markey seconded the motion. All were in favor. V. Statistics Dr. Trowbridge spoke with Ms. Sawyer about where her work meetings and inspections were taking her, and to possibly include in a monthly work summary. The Board does not need such a detailed report. However, the idea was to tally items done or accomplished within the month to provide information for the annual report. Correspondence 1. Isolation and Quarantine This was a handout from Ms. Rillahan. This information is part of the Bio-Terrorism plan, and will be enacted. The information will all be on a CD, to print out. The handout discussed is a model taken from DPH. The group that is instituting this is asking for input each time there is a revision. o,r`IffNr« lr:,. .Meeting Adjournment The meeting was adjourned at 8:20 p.m. Respectfully Submitted, Chery(�Barcza Cferk North Andover Board of Health Member /pfd August25,2005-North Andover Board of Health Meeting—Meeting Minutes Page 4 of Note. The BoardofWeafth reserves the right to takV items out of orderandto discuss andlorvote on items that are not Crstedon the agenda. Board oJ'Heal/Lr A7emGe��: Thoiirrrr"I'rn�e�Grldge,DOS,AID,Chainwanjonathan Afarkq,,A1embei•Chei�d Baiin rik,Clerk Health De arlmenl Slath Susan Sem.er,Heallh Diieaor, Debra I3ilbhan,Public Heallh Nenwe;Michele Grail,Puhlie Health in,pecto Pamela DelleChian+, Heallh DeparlmeilAssislanl 1 North Andover Board. of Health MEETING MINUTES Monday , September 26 , 2005 6 : 30 — 7 : 00 p . m . 430 Osgood Street North Andover High School Auditorium �. Call to Order Meeting was called to order at 6:35 p.m. Present Thomas A. Trowbridge,Jonathan Markey; Cheryl Barczak; Susan Sawyer;Michele E. Grant; Pamela DelleChiaie Netiv Business ��.,.., ... I. Meeting Minutes - Postponed until October meeting II. 183 Forest Street—Proposal from Thomas Hector, Project Manager, of New England Engineering to request the following: Local By-law Variance Required a. Allow a three (3) bedroom septic system to be designed with a deed restriction limiting the number of bedrooms to three (3)in lieu of designing a four (4) bedroom septic system. b. Reduction in offset distance between the leach bed and an irrigation well from 100 feet required to 84 feet. This is a single story dwelling with a well on the Northwest side of the house. Town water is proposed to be tied in, but the homeowner would like to use the well for irrigation purposes. There are outcrops which turn into wetlands towards the back of the house. There are issues with the neighbors well being close to the property as well which is another reason that the distances need to be altered. The homeowners would like to enlarge the kitchen and family room. However, the home will still remain a three bedroom home, and there will be a deed restriction completed for this. Motion—Mr. Markey makes a motion to allow the Local By-law Variance as requested and to have the homeowner cut the waterline between the well and the foundation to ensure that the well would not be used for drinking water in the September 26,2005-North Andover Board of Health Meeting—Meetkw Minutes Page 1 of3 Note: 4he(Boardof ifeafth reserves the right to takr items out of order andto discuss and/or vote on items that are not Crstedor he agenda. Boatel a/Ileerllh rllerrrbet, 'Thorrras Dvmbridge nlll.S',tiil),Chairman,Jarralbarr illai�r},AfunGer;Cln r�Jl3nrztirrk Clerk Health D padineal 4y Snerrn Sarver;Health Drrrclor; Debra I3 llirhan,l'rrblieHeallb Niiree;Miehckr Cnrrrl,Pnblie Ileallh Inspeelor Pruneln DelleChiaie, I�eahh Depmlirranl�leriNanl future, and a Board of Health Agent must witness that this is complete. All were in favor. III. 1312 Salem Street (Note—plan disapproved on 9/4/05) —Proposal from Thomas Hector,Project Manager, of New England Engineering to request the following: Local Upgiade Approval Required a. Allow reduction in offset distance between the leach bed and a foundation wall from 20 feet required by Title 5, section 15.211(1) to 13 feet. b. Allow a 25% reduction in the leach area from 785.71 square feet required 589.29 square feet. Since the request was originally submitted,Mr. Osgood had a discussion with Mill River, the company which is currently the septic consultant for the Town of North Andover, to confirm an interpretation of the DEP Regulations,which has now altered his request. As item b. does not need a variance, and is part of the general approval for the FAST system,it does not need approval. In addition, there is no other suitable site for soil testing Test Pit#4 had 10" of soil.. There are wetlands and a stump dump out in the back. Ms. Sawyer confirmed this with Andy McBrearty of Mill River today. Motion: Mr. Markey granted the request for item III.a. but has denied item III.b. as a result of further information. Ms. Barezak seconded the motion. All were in favor. IV. 72 Paddock Lane—Request from William Dufresne,Project Manager of Merrimack Engineering Services to request the following: Local Variance Request a. Allow the S.A.S. to extend under the existing paved driveway This variance is allowed. According to Mr. Markey, there is no risk of sinking, as due to the sand and stone layers, the formation of layers is very strong. Motion: Dr. Trowbridge made a motion to allow the Subsurface Absorption System to extend under the existing paved driveway as requested. Mr. Markey seconded the motion. All were in favor. V. Lot 14 Laconia Circle A letter received today from John Morin regarding clarification of proposed dwelling elevations as designed with the incorporation of the foundation drain. The regulations state that the slab should be a foot above the high water table. The foundation can be excavated and put in water table 15 feet higher than the road if they do it. This would prevent groundwater infiltration to the basement. Motion: a motion was made by Mr. Markey, and seconded by Ms. Barczak to allow_a variance to the local regulation requiring that the elevation of the basement must be at least one foot above the estimated seasonal high water table. It is also noted that this variance was granted on request of the engineer and his professional opinion. It in no way guarantees that this basement will never have a ground water problem. All were in favor. Septemder26,2oo5-North Andover Board of Health Meeting—Meeting Minutes Page 2 of3 Note: r7fie(Board of 9feafth reserves the right to taftg items out of order and to discuss and/or vote on items that are not listed on the agenda. Board ofllenllh Alembcr;r. ThomarT'rawbrid e,DDS,AID,Chairman,Joualhan Markey,Member Cheryl Bare Zak,Clerks Ilenllh Deparlrnenl SlalL-Susan Sawyer,Heal/fi Dntic/m; Debm Billahan,Public Health Nurse;Michele Grant,Public Heallh Ingwlo;Pamela Dell C'Naie, Heallh Depardneul Aarisleml r Old Business None at this time. WAILiscussion I. Title V Inspector Licensing- continued until October Correspondence I. Letter from Urbelis &Fieldsteel,LLP, dated August 2,2005, re: Sewer Connection Regulation, addressed to Raymond T. Santilli, Community Development and Services Division. jAl , �a� t A��Meetin Adjournment The meeting was adjourned at 6:58 p.m. Respectfully Submitted, CFteryf Barczak Cferk �,.. North Andover Board of Health Member /pfd Septeru6er 26,2005-North Andover Board of Healtb Meeting—Meeting Minutes Page 3 of Note. 9fie(Boardof Mealth reserves the ngfit to tales items out of order and to discuss and/or vote on items that are not luted on the agenda Board of'13ea11h Member a: "Ttranns TrotuGrz lge,ITS APD,Chairman,Jonathan Allarkey,Allember•Cheryl Ban-.�ik,Clerk Health De&ariment Stalk Snraa.Vew,�,er,Health Dindor Debra Ili whan,Public Health Nurre;Michele Grant,Public Heallh luipeclor;Pamela DellrChiaie, Heallh Deparlmeol Acci.lanl North Andover Board of Health MEETING AGENDA THURSDAY , OCTOBER 27 , 2005 7 : 00 P . M . — 9 : 00 P . M . Town Hall Building 120 Main Street , 2 , d Floor Meeting Room Call to Order The meeting was called to order at 7:20 p.m.. Mr. Markey is absent from the proceedings. Hearing This hearing is the result of a third violation by Super Stop & Shop, 757 Turnpike Street,North Andover,MA 01845 of North Andover Board of Health"Regulations Affecting Smoking in Certain Places and Youth Access to Tobacco," Section D.1, for selling tobacco products to a minor (the first violation occurred on June 2, 2004 and the second violation occurred on August 26, 2004). Ron Beauregard appeared to present the case for above. On August 26`x',Friday afternoon, at 3:10 p.m,in ordinary fashion, emptying the pockets,go into store to attempt to buy cigarettes ,with no identification. RB observed the student go into the establishinment and 5-10 minutes after,purchased Newport cigarettes for$6.29. Met with the Manager,who is present. The clerk was a young adult female. Conversation shoed appropriate concern regarding the transaction. A couple of other discussions ensued regarding displays, etc. The regulations do provide for a $300 fine, and a suspension for 30 days. This afternoon,a tobacco control advisory meeting attended by Susan Sawyer, and RB told the Health Directors that he is always looking to curb the sales. His goal is to work with retailers to reduce sales. A time will be set to meet with all employees for additional training. RB welcomes ideas for a reduced suspension, such as a single register sales, as too many registers, encourages the chances of a sale. The manager,Ms. Diaz,is advocating to move the tobacco corral at the service desk. The front end employees have been spoken to again about tobacco sales to minors. Dr. Trowbridge notes that the fine has been paid, and Mr. Beauregard suggests a 2 week suspension,rather than 30 days. Ms. Diaz states that all associates will be carding each customer purchasing cigarettes. Only a few associates will be allowed to sell tobacco products from now on. The employee who sold was terminated, as all new associates sign a form stating that if they sell tobacco to a minor they will be terminated. Motion Ms.Barczak made a motion to reduce the suspension from 30 days to 14 business days,in light of the fact that there is an active plan to reduce sales to minors within the store. The fee was paid. Dr. Trowbridge seconded the motion. Dr. Trowbridge asked about the month long trial of Sam's Mobil. Was checked at three separate times. There was one failure, and two successful non-sales. Failure occurred of sale to octoher27,2005-North Andover Board of Healib Meeting—MeetingAQenda Page 1 of Note. qTte Board of 0eafth reserves the right to ta(F items out of order and to discuss and/or vote on items that are not luted on the agenda. Board f'HeallbAlembers: ThonuTroidwidge,DDS,AID,Chamnan,JonalhanMarkey,Alember;C/regl Bajntiak,Clerk Heallh Detaramenl Stall Sumn Sarvy,er,Heallh Director; Debra Rillahem,Public Heallh Nra e;Aliehele Graal,Publie Heallh Lr,peaor;Pamela DelleC7uaie., Heallh Depm/meniAx,4rdrml 40 year old male. Left license in car. The clerk asked for an i.d., did not have,but sold anyway. A sign was placed in the store. Hearin This hearing is to amend the Board of Health Regulations known as the "Town of North Andover Minimum Requirements for the Subsurface Disposals of Sanitary Sewage" regarding Title 5 Inspector Licensing through the Town of North Andover Health Department. li New Business Dr. Smith,270 Marbleridge Road, North Andover, a resident for approximately 60 years. Chapter 79,Property Maintenance Code—he has highlighted certain parts that he wants the Board to look at very carefully. Title 11,Lack of maintenance; 13—Purpose—minimum standards governing appearance of residential properties;21 —Level of Maintenance in conformity with all applicable laws;Item 2—Maintenance of residency structures—storage of items such as firewood, children's items, etc., exempt. Landscape elements—maintained in sanitary conditions; Item 4—Weeds,grass, shrubs; Item 7—No accumulation of types of trash; Section 79—responsible for enforcement and oversight. 32—Violation will constitute a nuisance; 33—Issuance of Compliance Orders; 35—Responsible for any costs incurred; 36— Penalty—Fined of$150.00 per day if failure to comply. The reason for this proposal,is due to problems of a resident who's home was demolished about a year and a half ago because of unsanitary, and unlivable conditions. This resident is now living next door to Dr. Smith. This resident's front lawn has never been cut, bushes have never been cut, this property is on its way to the fate of the previous property. Also of concern is the adverse affect of surrounding properties. Required to get 150 signatures. Dr. Trowbridge does not disagree with the problem,but the Board of Health cannot sway a yes or no vote, as the purview of these items is not directly related to the Board of Health. Ms. Rillahan states that perhaps the Housing Court could mandate regular monthly checkups to be sure that a healthy environment is maintained. Dr. Trowbridge states that there is a fine line,as the items of concern in the bylaw is not something that a Health Inspector would have expertise, or be involved in. Individuals may interpret what is acceptable or not differently. Ms. Sawyer also states that if an individual does not have the means to repair the house, and it is in a condition to be condemned, and the BOH condemns it, the Town would have to incur the costs of the repairs. The Health Department will discuss options with the housing court to clean up the empty lot at the previous location. Dr. Trowbridge states that this proposal is an overlap between Health and the Building Inspector. Dr. Smith states that if this bylaw goes to the Attorney General,and is approved,it would be effective for all towns in Massachusetts. Dream Dinners october 27,ZOOS-North Andover Board of Health Meeting—Meeting Agenda Page 2 of 4 Note: 4fie Boardof 9leafth reserves the right to tales items out of order and to diacuss andlor vote on items that are not fisted on the agenda. Board a(Henhh Alombars: Thrnna.r Trora�bridge,DDS,AID,Chairman,Jonalhan Alarkey,Member;Cheryl Barsyak.,Ckrk Heallh Doarlmenl Susan Stn9w;Heallh Di vaor; Debra Rillrrhan,Perblic Heallh Nurse,Alichek Grnul,Public Ileallh In pedor;Pamela DelleChkde, Ileallh Deparlmenl Assislanl Ms. Sawyer explains the procedures to apply as a new food establishment. New concept, something different, and some red flags came up. Want to address in an open forum, to be sure that the public is safe. Ms Hebert has a newsclip from Channel 4 re: Dream Dinners. Profiled the Dream Dinners operation in Framingham. A dozen different recipes to choose from. Let's Dish is another national chain to open in Massachusetts. People like to put together their own meals without having to shop for all the ingredients, Six meals for 6 for $120.00. See special reports at www.cbs.com. Ms. Hebert is hoping to gain approval for her application. Dr. Trowbridge noted two sections in the October 20`h letter. Customers handle only food that are intended to be cooked. Everything a customer takes home is cooked at home. Appointment is made over the internet, and meals are paid for. National contract with Eco Lab, sanitizing and Sysco for the food contents. Ratio—one employee for every four customers. Ms. Hebert and her husband are Sery Safe certified. Ms. Hebert currently works at the Framingham store. Cooking labels are provided, and food is only intended for the customer who prepares the food. There is a sampling area,which is usually accessed as the customer is leaving. Ms. Hebert is the mother of four, and has been a customer of this since September of last year. She spends 45 minutes making 13 meals, Big difference between Andover location of Let's Dish. They encourage civic mindedness, and sell franchises as territories, not individual towns. Dr. Trowbridge asks about the ratio. There will be one trained employee to every 4 customers. The Dream Dinner employees will all follow the food code to the letter, Some people putting food in the bags,but not everyone wears gloves. Give sample of spicy chicken...... Ms. Hebert provides on-site services for washing aprons. Customers wear red aprons, and employees wear black. Single use hairnets are provided. Ms. Sawyer asked about training. At the end, there would be acknowledgement that the customers have been trained in these types of things, such as excess jewelry, etc. Previously a variance was required to prepare raw foods,but now that state does not require them. The other ones have variances to Section 3.3106. Now not necessary. The company encourages only five sessions per week. Other time is spent preparing for the sessions. Ms. Hebert chose her leasing location,as it a destination spot, such as flowers, haircutting,bank, etc. Ms. Sawyer notes that the items that Ms. Hebert is offering, should become requirements, so that any other new establishments would have to follow these types of guidelines. This new co ncept will be discussed at the MHOA conference next week. Dr. Trowbridge states that Ms. Hebert does not need to come back to another meeting, as she is meeting with Ms. Sawyer tomorrow. We will indicate any contingencies part of this permit, and set a precedence. Ms. Hebert and Ms. Sawyer will come up with a list of items. octo6er 27,Zoos-Notth Andover Board of Health Meeting—Meeting Awenda Page 3 of 4 Note: 2fae BoardofMcarth reserves the right to tahf items out of order andto discuss and/or vote on items that are not hutedon the agenda. Board oLHeald�Memheis: T/iamaeTralvGivee,DDS,AID,Cbni�rr�an,JonrrdGnn Markey,fllemhe�;Cheryl73are;ak,,Clef Meallh Doeirlmenl Slnff Susan Saiger,Heallh Dheiloi; Detain Rillahnn,Public Ilea/!h Neirte;Michele Gawl,Public Health Lrspeeloi;Pamela DelleGhuu'e, Heallh Depadlvenl%lsxirlant Motion: Ms. Hebert wants relief from the review of Section 1. Section 2 needs to be reviewed, and develop guidelines/regulations for this particular permit. Since Dream Dinners has been in operation, there have been no foodborne illnesses. Ms. Silvestro—Massage Therapy License She is 19, and is hoping for a waiver or exemption from this requirement. Graduated from High School, and went to Hesser College to get her Massage Therapy license. Always been a leader and determined person. A year long, 700 hour course. Would like to establish her own business here in North Andover. Brother started his own flooring business two years ago, and she looks up to him. Motion Ms. Barczak motions to accept the variance of the age waiver for this particular license. Dr.. Trowbridge seconded the motion. Received the application and check from Ms. Silvestro. Application for her and Daeva Salon will be processed on October 28th Title 5 Regulation proposed amendments This will be an added section in the regulations. These are the proposed revisions to be added to the regulataions. Motion: Ms. Barczak made a motion to accept proposed section to be added to the Septic regulations. Mosquito Control District Re-enrollment—Dr. Trowbridge asked about this with the Town Accountant. May need to wait until the May Town Meeting. Has not yet spoken with the Town Manager, and does not know if it will be in the 2007 budget year. Gathering background information moving forward into future years. Ms. Sawyer spoke about the Superintendents and school administrators getting together to discuss dealing with this situation in the future, to be sure we have a plan for it. Every school and every town was making a different recommendation, however the various programs in various towns interact, and sometimes decisions were conflicting. Dr. Trowbridge is doing some mosquito, fluoride, trash, avian flu research. Adjournment Meeting was adjourned at 9:20 p.m. Octofier27,2005-North Andover Board ofHeahh Meeting—Meeting Agenda Page 4 of Note: gfie Boardof.9feaCtlt reserves the right to take items out of order andto ducuss andlor vote on items tftat are not Cutedon the agenda. Board ofl leallh Alembers; Thomas T rondmidge,DDS,AID,Che iavan,Jonalban Mark�)�Member;Cheryl Barttiak,Clerk lleallb Dgpralmenl Sla('Srtran Sawyer,Heallh Diuclor; Debra Rillahan,Public,Heallh Nm-se;A ehele,Grnnl,Public Heallh Inp wlor;Pamela DelleChiaie, Heallh Depart mentAssislanl I I '" • \ F r 1 North Andover Board of Health Ij � MEETING MINUTES SATURDAY, NOVEMBER 19, 2005 11:00 A.M. Town Hall Building 120 Main Street, 2nd Floor Meeting Room I. CALL TO ORDER The meeting was opened at 11:09 a.m. Tom Trowbridge,Jonathan Markey and Debra Rillahan were present II. PUBLIC HEARINGS None at this time. III. APPROVAL OF MINUTES None at this time. IV. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION None at this time V. OLD BUSINESS None at this time. VI. NEW BUSINESS A. Ben Osgood of New England Engineering Services presented the septic plans for 1312 Salem Street. Mr.Markey motioned to grant the variance as requested. The motion was seconded by Dr.Trowbridge,and signed by both VII. ADJOURNMENT The meeting was adjourned at 11:20 a.m. (Pre-pared <Tae(a(DeffeChiaie ,Administrative Secretary roved : CFceryCBarczak Clerkof tFie Board Note: The Board of Health reserves the right to take items out of order and to discuss and/or vote on iterrrs that are not listed on the agenda. Board of Health Members:Thomas Trowbridge,DDS,MD,Chairman;Jonathan Markey,Member;Cheryl Barczak,Clerk Health Department Staff:Susan Sawyer,Health Director;Debra Rilllahan,Nurse;Michele Grant,Health Inspector;Pamela DelleChiaie, Assistant T"), "i ... North Andover Board of Health MEETING MINUTES THURSDAY,DECEMBER 15,,200 7zoo)P.M. Town Hall Building 120 Main Street,god Floor Meeting Room I. CALL TO ORDER The meeting was called to order at 7:05 p.m. Present: Dr. Trowbridge, Mr. Markey, Susan Sawyer, Michele Grant, Deb Rillahan, Pamela DelleChiaie II. PUBLIC HEARINGS None at this time. III. APPROVAL OF MINUTES A. October 27th and November 19th 2005 Meeting Minutes approval as written. Dr. Trowbridge has not had an opportunity to review the minutes, and requested to sign them at the January meeting. IV, COMMUNICATIONS,ANNOUNCEMENTS;AND DISCUSSION A. The 2006 meeting schedule was discussed, and due to scheduling conflicts,the dates for January and February were changed to Thursday, January 19, 2005, and Wednesday, February 15, 2005. An updated schedule will be posted on the Town of North Andover website calendar and Health Department site, as well as at Town Hall. V. OLD BUSINESS A. Final signatures on the Town of North Andover Septic Regulations The regulations were signed by the Board of Health members, and will be posted to the website, and distributed to the local septic installers and Title 5 Inspectors. B. Mosquito Control District This is an ongoing cycle. One cannot ascertain the end of the cycle. Dr. Trowbridge will discuss the issues with the boards and powers that be. Dr. Trowbridge will request that this item be put in as a budget request to be considered. Dr. Trowbridge also noted that he recently read a textbook written about mosquitoes by a professor at Harvard. The life cycle of the mosquitoes is very dependent on the natural water level. Dr. Trowbridge may have Mr. Walter Montgomery come in to do a presentation for the Board of Selectmen, and/or Finance Committee. 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;Cheryl Barczak,Clerk Health Department Staff:Susan Sawyer,Health Director;Debra Rilllahan,Nurse;Michele Grant,Health Inspector;Pamela DelleChiaie, Assistant Ms. Sawyer noted that this past summer presented an emergency situation, and the Board of Health had to act in an emergency response mode with regard to the threat of mosquito borne illnesses. Motion: Mr. Markey made a motion that the Town of North Andover re-enter the Mosquito Control District. A petition will need to be submitted by January 5, 2006. Dr. Trowbridge seconded the motion to submit the petition in favor of the Mosquito Control District to request that the Town reconsider joining. All were in favor of making the petition for deadline. VI. NEW BUSINESS A. Request by Health Director that Mathew Wisniewski, applicant for a Massage Therapist License attend the meeting to discuss his pending application. There were some concerns raised about the fact that the applicant does not meet the 45 day period submission of the physical and chest x-ray requirement for Massage Therapists in North Andover. It is the opinion of the nurse, Ms. Rillahan, that a physical submission within one year is acceptable. Also, most insurances will not pay for more than one physical within a calendar year, and so it is unreasonable to ask this of applicants. Motion: Dr. Trowbridge motioned to allow a waiver to Section 5, Part F regarding the physical exam and chest x-ray requirement be resubmitted. Mr. Markey seconded the motion. Note: The Board members will review the regulations before the next meeting and consider revising the Massage Regulations to allow a physical within one year, and substitute the chest x-ray for a TB test. EXECUTIVE SESSION B. Discussion regarding the GLSD Lawsuit VII. ADJOURNMENT The meeting was adjourned at 8:10 p.m. by Dr. Trowbridge. ............... Respeqfuffy Submitted, Cheryf(Barczak Cferk %orthAndover(Board ofifeafth 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 ova the agenda. Board of Health Members:Thomas Trowbridge,DDS,MD,Chairman;Jonathan Markey,Member;Cheryl Barczak,Clerk Health Department Staff.Susan Sawyer,Health Director;Debra Rilllahan,Norse;Michele Grant,Health Inspector;Pamela DelleChiaie, Assistant