HomeMy WebLinkAboutMarch 2004 Minutes f
North Andover Board of Health
MEETING MINUTES
DPW
384 Osgood Street
Thursday—MARCH 25, 2004
7:00 p.m.
New Business
Meeting Minutes Approval of February 26, 2004 Board of Health Meeting presented
for signature. Mr. Markey approved and Ms. Barczak seconded. All were in favor. .
Mike Reilly of-F.P. Reilly &Sons to meet with the Board of Health regarding 258
Bridges Lane.
A presentation was given by Susan Sawyer regarding problems with the first excavation at
which point the installer hit rock ledge. The engineer, Mr. Ben Osgood of New England
Engineering called for a final inspection of the system. The Septic Consultant, Mr. Dan
Ottenheimer, found some problems with the elevations in relation to the plan. Mr. Osgood
changed a number on a pipe in the field, which did not match the plan. Two surveys were
completed on this site: 1. Survey One was completed by an independent surveyor hired by
the Town of North Andover; 2. Mr. Osgood also hired an engineer to have a survey done.
The problem at hand for discussion is that the septic installer, Mr. Mike Reilly of F.P. Reilly
& Sons should have immediately called the Health Department with any problems. It was
stated that the field is too low at this site. A question was posed by Ms. Sawyer to the Board
members as to whether there is anything that Mr. Reilly should be responsible for in terms
of consequences with regard to building according to the plan. Mr. Osgood states that when
the problems with the elevations arose, the sill elevations did not correspond with the
benchmark in back. The new system is located in the woods. The benchmark was not set at
so it was stated o
n the plan, with the
intention of setting the benchmark. The
the time g
p
labeled elevation was mis-labeled on original plan. A rod reading was taken in back, and
there was a foot and a half mistake. Mr. Osgood takes responsibility for the error, as Mr.
Reilly was merely following the plan changes. Mr. Reilly should have called the Health
Department instead of calling the engineer. Mr. Osgood stated that in the past, the Health
Department did not always work this way. There have been changes brought about in how
the department works due to the transition of a new Health Director, and two different septic
consultants. In addition, Mr. Osgood states that a new plan has been done. The second
issue was that installer needs to attend a training when using a new infiltrator system, and
not just watch a video. Mr. Reilly states that the issue at hand with this particular location
was that the cufflinks could not be pushed into the ground. Title V requires training on this
system. Mr. Reilly took the training two years ago.
Mr. Markey asks if there should be any disciplinary action. Ms. Barczak inquires as
to what has been done in the past. Ms. Sawyer and Mr. LaGrasse state that there were other
March 25,2004 -North Andover Board o f Health Meeting-Agenda Page I of 5
Board of Health Members:Cheryl Barczak, Clerk; Jonathan Markey,Chainnan; Thomas Trowbridge,DDS,AID,Member;
Health Department Stall;Susan Sawyer,Health Director; Brian LaGrasse,Health Inspector,Debra Rillahan,Public Health Nurse;
Pamela DelleChiaie,Health Department Assistant
1
issues that have come to the attention of the Board in the past. Mr. Markey suggests a
probationary period for Mr. Reilly for three installed systems to be reviewed upon
installation and to be sure that they are all completed properly. With regard to 258 Bridges
Lane, there were a lot of issues with the buyers and sellers. Mr. Osgood said that he would
pay for the cost of the surveyor in the amount of$500 payable to the Town of North
Andover.
There will be a probationary period of three (3) septic installations for Mr. Reilly,and
the probation will be, lifted after that time. The Board of Health accepts the offer of
Mr. Osgood to pay for the additional survey that was paid for by the Health
Department. j
Mr. Ben Osgood of New England Engineering presents the following requests for variances
for Local SepticUpgrades on the following properties:
➢ 851 Johnson Street
1. A local bylaw variance to use a segmental block retaining wall and;
2. A reduction from the leachfield and the house from 20 feet to 18 feet. Two
test pits were completed. A system was designed to accommodate the current
three-bedroom house. A membrane was used as a barrier to reduce the slope.
The bylaw requires a poured concrete wall that is very expensive at
approximately$100 per lineal foot. Part of the problem is that the septic
contractor does not pour the wall— a separate contractor has to pour it in.
The segmental block walls are four(4) feet in height, and can be installed by
the septic installer. The segmental wall is pointing toward the neighbor. The
segmental block wall will prevent effluent from breaking the barrier, and the
system should be serviceable for a long time. The size of the blocks specified
are the ideal blocks to use. As long as there is a four (4) foot wall, blocks
from any manufacturer can be used. Ms. Sawyer commented that the
exposed rock is an issue during evaluation, as the consultant stated that there
might be ledge. However,Mr. Osgood states that it is a large rock, and not
ledge. Note: A certification form can be found online. The engineer will fax
over a sheet, and plug in the values. We need this certification form before a
permit will be issued. Mr. Markey stated that the exposed rock could be an
issue. Mr. Osgood states that he thinks the rock will come right out. The
rock in the back is probably very large, or bedrock. The system location is
taken off of the As Built plan. Mr. Markey states that if the rock does not
move, he can have the wall angled to make the grade. Ms. Sawyer inquired
as to what the reserve area is in relation to the foundation. The soil tests were
done at five (5) minutes per inch. Mr. Markey states that the topography is
away from the foundation. Dr. Trowbridge asked if there was a barrier
between the edge and the foundation. Mr. Osgood states that the installer
goes down 10-15 feet to put in a barrier. Mr. Markey would rather not see a
barrier around four (4) sides,just one. The porous soil would prevent risk to
the foundation.
Ms.Barczak made a motion to allow for reduction in the leachfield from 20 to 18 feet,
and for segmental blocking. Dr. Trowbridge seconded the motion. All were in favor.
March 25,2004 -North Andover Board of Health Meeting-Agenda Page 2 of 5
Board of Health Nlenrbers;Cheryl Barczak, Clem Jonathan Markey,Chairman; Thomas Trowbridge,DDS,MD,Member;
Health Department Staff:Susan Sawyer,Health Director; Brian LaGrasse,Health Inspector,Debra Rillahcnr,Public Health Nurse;
Pamela DelleChiaie,Health Department Assistant
➢ 984 Turnpike Street
This property is close to the Route 114 road area. Therefore, the system had to be
squeezed into the backyard. Mr. Osgood would like to allow a bed instead of trenches.
The segmental block retaining walls are no more than a foot tall, and only about three (3)
feet tall total. The request is for a reduction in the groundwater because the system is so 1
close to the house. The test pits have three (3) and four(4) feet of fill, and require
variances to the groundwater. They would like to take the 41 inches to 53. The
groundwater is only 12— 15 inches under the ground. This is a really tough site. This is
a pressure-dosed system for easier distribution. Mr. Markey states that if raised a foot,
the wall would be 4.5 feet in height. This change would force them to go to zoning, or
seek a building permit. Mr. Osgood states that Title V allows a reduction of 25%
without a variance. On a hillside type system, three (3) feet needs to be taken. The
average water table is 6 or 7 feet. Studies show that treatment can take place within two
(2) feet of soil.
Dr. Trowbridge makes a motion to accept upgrade approvals of segmental blocks,
with structural certification from the manufacturer Ms. Barczak seconded the
motion.
In addition, Mr. Osgood requests a general discussion with the Board of Health members
regarding issues at:
➢ 93 Brookview Lane
This system is designed for four (4)bedrooms. The homeowners want to add a finished
basement, and want to expand the system to a three (3) to four (4) trench system. The
question posed to the Board of Health is if they will allow past soil testing, or does New
England Engineering need to apply for additional testing.
The Board of Health members agreed that additional soil tests are not necessary to
add a trench.
100 Foster Street—Tyler Monroe: Request for Extension of Septic Plan Approval
Septic plans were approved on January 28, 2002 for this location. The plans are approved
for two years. It has now surpassed the two-year mark, and the homeowner is seeking an
extension for the septic construction. A request letter was submitted. In summary, the
homeowner delayed putting in the system because he was hoping to tie in to the sewer
system once it became available. The homeowner would like to make this a four bedroom
home,but missed the date to call.
Ms.Barczak made a motion to extend the plan approval for one year. Dr. Trowbridge
seconded the motion.All were in favor.
Mr. William Thomson of Northside Carting/Merrimack Cartage will present his case
regarding trash truck violations. Letter to be forthcoming from Health Inspector,
Brian LaGrasse.
The issues at hand are with regard to a $2000 ticket, and the fee was to be for$1500. There
were no permits on the truck. Mr. Thomson had the permits, but had not applied them to the
truck at the time of the ticket. Mr. Markey states that we should just take the fee. However,
the clerk will not waive the first ticket, for which there was a permit violation. This shows
as already paid for in the records,but the permit was not on the truck. Mr. Thomson picked
March 25,2004 -North Andover Board of Health Meeting-Agenda Page 3 of 5
Board of Health Members:Cheryl Barczak,Clerk; Jonathan Markey,Chairman; Thomas Trowbridge,DDS,MD,Member;
Health Department Staff.•Susan Sawyer,Health Director; Brian LaGrasse,Health Inspector,Debra Rillahan,Public Health Nurse;
Pamela DelleChiaie,Health Department Assistant
I
up the 35 stickers,but did not put them on the trucks, and did not have copies in the glove
compartment. Therefore, he received a fine. The truck did not have a magnetic placard, and #
was the company was fined for that. The second ticket did not have placards, as he was
having them made into stickers,for which there is a five (5) day waiting period. This
should be reviewed each year in November to make sure that the fee stays the same. t
Dr. Trowbridge proposes to dismiss the placard violations, and reduced the permit
violation to $500. The placard violations are both dismissed. Therefore, the total owed
is to be $2000. Ms.Barczak seconded the motion. All in favor.
In addition,Dr. Trowbridge proposes to have a $1,500 permit and placard fee for
Northside Carting and Merrimac Cartage to include 35 trucks. Ms. Barczak seconded
the motion. All were in favor.
David Rand presented his long-term plan for Beaver Control, and showed the article that he
submitted article to Town Meeting regarding Beaver Committee to the Board of Health
members.
A discussion ensued regarding the issue of officially appointing the Town Clerk, Assistant
Town Clerk and Officer(s) on Duty at the Police Station to be health agents for the Board of
Health to issue Burial Permits for the convenience of the Funeral Homes.
Dr. Trowbridge made a motion to approve, and Ms. Barczak seconded. All were in
favor.
Old Business
458 Johnson Street–Progress Update regarding Sewer Tie-In
Ms. Sawyer is looking into establishing a program for this. She has been in touch with Elder
Services, the Council on Aging, and has joined the local Rotary to obtain and garner support
for a viable program to offer a solution to this and future problems.
Dan Ottenheimer of Mill River Consulting—presentation of revised Septic
Regulations
A general discussion about the various revised of the regulations was completed by Mr.
Ottenheimer. A discussion about LUA's (Local Upgrade Approvals) ensued. The strikeout
verstion is number one, which has all the redundancies taken out. Version number two is
the one that indicates lack of wastewater (in italics) and is setup so that it can be user
friendly to the general public. There are three general sections: legal, procedures, and
general operation, and it was suggested that these could all be placed in a manual, not
necessarily be part of the regulations. The third version is special to the Town of North
Andover. Mr. Ottenheimer re-wrote this whole section. Another suggestion is to organize
the septic manual by section.
The Board members agreed to read the items at their leisure and provide their feedback at
the next meeting.
March 25,2004 -North Andover Board of Health Meeting-Agenda Page 4 of 5
Board of Health Members:Cheryl Barczak, Clerk; Jonathan Markey,Chairman; Thomas Trowbridge,DDS,MD,Member;
Health Department Staff.'Susan Serrvyer,Health Director; Brian LaGrasse,Health Inspector,Debra Rillahan,Public Health Nurse;
Pamela DelleChiaie,Health Department Assistant
I
Recreational Camp Regulations were discussed, and board members were told that a cover
letter would go out to the camps letting them know that the Regulations will be
promulgated at the next Board of Health Meeting and advertised as a public hearing.
Discussion and Correspondence
General discussion with the Board of Health members regarding their assistance to
Healthy Communities with Tobacco control and compliance.
Ms. Sawyer is waiting to hear from Town Counsel, Tom Urbelis regarding the legality of
firing youth who violate the Tobacco Regulations. She also e-mailed Cheryl Savarra and
Ron Beauregard who do not support firing the youth. It was discussed that one of the best
ways to prevent violations is to card everyone,regardless of age. Ms. Sawyer thought that
after an offense, the establishment could transition to carding all patrons, instead of a
blanket rule for all establishments. It is best to use positive reinforcement, such as gift
certificates to Newbury Comics, or Strawberries, etc. to motivate the employees to follow
the guidelines. Dr. Trowbridge volunteered to speak with Sam Ameen to see if he has
any ideas.
Order letter from the North Andover Health Department dated February 24, 2004 regarding 1
Materials Installations,Inc., 11 Bayfield Drive, North Andover,MA 01845 regarding
excessive motor vehicle idling and the creation of a public nuisance.
Letter from GLSD dated March 2, 2004 regarding Monthly Sampling Results Report for
January 2004.
Letter from GLSD dated March 15, 2004 regarding Monthly Sampling Results Report for
February 2004.
Letter from Susan Sawyer to James J. Fiorentini Mayor of Haverhill regarding the proposed
TBI Recycling Center&Transfer Station in North Andover. Summary: There is no
current application before the Board of Health. Haverhill will be notified of any public
hearings regarding this proposal once they come before the Board of Health.
Meeting Adjournment
The meeting was adjourned at: 10:40 p.m.
Respectfully Submitted,
F ,
Cheryl Barczak, Clerk
North Andover Board of Health
March 25,2004 -North Andover Board of Health Meeting-Agenda Page 5 of'S
Board of Health Members:Cheryl Barczak,Clerk; Jonathan Markey, Chairman; Thomas Trowbridge,DDS,MD,Member;
Health Department Staff`Susan Sawyer,Health Director; Brian L.aGrasse,Health Inspector,Debra Rillahan,Public Health Nurse;
Pamela DelleChiaie,Health Department Assistant