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HomeMy WebLinkAboutOct 2004 minutes North Andover Board of Health MEETING MINUTES DPW 384 Osgood Street Thursday—October 28,2004 7:00 p.m. Call To Order The BOH meeting was called to order on at 7:00 p.m. All members were present. Members Present as Trowbridge, DDS, MD, Board of Health Members: Cheryl Barczak, Clerk; Thom Member; Jonathan Markey, Chairman Health Department Staff- Susan Sawyer, Health Director; Debra Rillahan,Public Health Nurse; Michele Grant,Public Health Inspector; Pamela DelleChiaie, Health Department Assistant New Business Meeting Minutes Approval of the September 23,2004 and Board of Health meeting presented for signature. Meeting minutes were reviewed and all were in favor of approving. Minutes signed and dated by Clerk. 451 Andover Street, Suite 170 - Cari Skin Care, Cardidad Hernandez, Owner—Ms. Hernandez was present with her Attorney, Mr. Nicholas J. De Nitto to request an appeal of the Massage Establishment denial dated August 9, 2004, to practice Massage Therapy in the Town of North Andover. Ms. Sawyer gave a synopsis of her visit to Cari Skin Care. The Ladies Room is approximately 25 paces, and the Mens Room is approximately 8 paces. Inside the premises there is a hand sink and shower,but no bathroom. Ms. Barczak asks about the reason for the bathroom on the permitted premises in the regulations. Ms. Sawyer states that the Board of Health at the time felt that it was appropriate. She thinks that there was a variance to allow one bathroom instead of two. There were sinks in two rooms,with hot and cold running water. There is also a laundry room. Attorney De Nitto presented the following: Ms. Hernandez does pedicures and waxing. She is well known, with an excellent reputation. The key issue of contention is the description of the word"premises." According to definition, the word premises is defined as"Land and October 28,2004 -North Andover Board of Health Meeting-Minutes Page I of I Board of Health Members:Cheryl Barczak,Clerk; Thomas Trowbridge,DDS,MD,Member;Jonathan Markey,Chairman Health Department Staff.'Susan Sawyer,Health Director; Michele Grant,Health Inspector;Debra Rillahan,Public Health Nurse; Pamela DelleChiaie,Health Department Assistant the buildings upon it." This would assume inclusion of not only a single room, but the areas around it. This skin care business is a tenant of the building, and included in the rent is use of common areas and related facilities. The bathrooms, which were referred to as public, t can only be accessed by the tenants,who have keys, and are only accessed by the tenants and their patrons. The issue they have is the requirement of toilet facilities within the precise area of the actual services. When a client goes in for a facial or other service such as a pedicure, the first question asked is if the client needs to use the bathroom. There has never been an issue in the past with any clients. Most skin care treatments last approximately 45 to 60 minutes long. There have been only one or two occasions, where j someone needed to use the bathroom. Long robes can be used to get to the facility. As a practical matter, the regulation can be complied with due to the proximity of the bathroom. There is a shower there, if someone needed to use it. There are washing facilities. Legally, it could be successfully argued that the facilities on the premises are adequate, and can be used as is. Attorney Denitto is appealing to the reasonableness of the Board of Health to allow the bathroom setup remain as is. There are three treatment rooms, and it is also not reasonable to have two bathrooms per room. In a Dr's office, some lab rooms will have an individual room,but usually one needs to access bathrooms through a public area. The use of the work premises is broad enough to reasonable. Attorney Denitto asked the Board to reconsider the denial and issue a license for a massage establishment. Ms. Sawyer states that the main issue is privacy for the clients. In a Doctor's office, everyone is there for one reason, to see a Dr. Cari Skin Care is located within an office building with a variety of other tenants and types of businesses. Attorney Denitto argued the fact that the common area is a public area. This suggests that this issue is a non-issue. The installation of a bathroom to an existing building, would cost a fortune. Ms. Hernandez is the sole proprietor of her business, and it would cost her too much. This is why Ms. Sawyer told Ms. Hernandez to request a variance. If the Board of Health wishes to give a variance,that is their choice. The wording in the Board of Health regulations refers to waiver as opposed to variance. The Board is referring to a variance. Ms. Sawyer states that the Board of Health should perhaps think of changing the wording,but to not allow a blanket variance for all future applicants. Many of Ms. Hernandez' patrons have asked for Massage Therapy,which is why she wants to add this service to her business. She currently has an interested parry who would like to be licensed to work at her establishment for this service. Mr. Markey states that he would not include a general waiver in the regulations. However,he will allow a variance to this particular request to allow the bathrooms access as is. A motion was made by Dr. Trowbridge to allow the variance to have bathroom access down the hall remain as is, and Ms. Barczak seconded the motion. This variance will be reviewed every year, as the Board of Health is looking at it from a privacy perspective. 70 Oakes Drive—presented by Mr. Ben Osgood of New England Engineering Services (NEES) - regarding the request of homeowner, Scott Talbot for approval of Variances to the requirements of the Title 5 to allow a leach field to be placed in an area where the depth of permeable naturally occurring soil is 26"to 30" deep in lieu of the 48" depth required by Title 5 section 15.240(l). The existing soil layer having been made less than that required due to contractor error. The variance is being requested as allowed under section 15.415(2). October 28 2004 -North Andover Board of Health Meeting-Minutes Page 2 of 2 Board of Health Members:Cheryl Barczak,Clerk; Thomas Trowbridge,DDS,MD,Member;Jonathan Markey,Chairman Health Department Staff Susan Sawyer,Health Director; Michele Grant,Health Inspector;Debra Rillahan,Public Health Nurse; Pamela DelleChiaie,Health Department Assistant i Ms. Sawyer reviewed this issue on a PowerPoint slide show presentation. Mr. Henderson,finishing it. the septic installer originally hired, walked off the job, and is not he existing ns stem,but Mr. Mr. Osgood noted that Mr. Talbot would not have minded using Y Osgood considered it failed. The current septic system is sitting in the groundwater. This spring,the whole property was under water. New England n e Engineering did of He th end that the homeowner keep the system, as he would have been looking for a repair using the old septic system. Mr. Osgood went searching for a better area 56 inches. The to put in the new septic system. New England Engineering had it down percolation test. There general B test pit was an unsuitable material, and they could no t a p er o is another area of wetlands, and another area is not suitable. They went up on a hill, and went down to the B layer. NEES would like to use the same location without a pre- then treatment system. In Mr. Osgood'sinpo the s tee Moisture will travel the t e groundwater gradient,travels horizontally, and dissipates gradient, and be absorbed into the groundwater below. Most treatment would occur in the sand under the septic system. Sand will treat the resulting effluent. The water table is 34 and 44 inches down. If only a 12-14 layer, took oath The effluenthwouldesBll need tolbe not lose as much soil as what Mr. Henderson treated. This is the best argument for allowing a system without pre-treatment. Or, another alternative is to move the system up or downhill. Ms. Barczak asks if there is another area to do a test pit. The application was put in at the last moment. The owner would have to spend a lot more money for pre-treatment. The homeowner is trying to occupy the house. Mr. Markey asked about test pits up hill and down hill. According to Mr. Osgood,North Andover has a lot of rocks and boulders andb bigger the machine, more test pbetter lthe Markey The knoll may have a deeper soil, and they may be able notes that everything is loamy fine sand, and looks like deposit. Mr. Markey states that he is not comfortable granting the variance, as the water table is what is negating the deal. The es. There would be a"bathtub" of estimated seasonal high water table is about 34-44 inch a water coming down the hill. There is a good treatment in sand,however with water in sand, biomat can result. The homeowner does not want to have a FAST system as the maintenance system, as there is a contract and mechanical electrical system. Mr. Markey stated that there are other systems, not just the FAST systems. Also,the contract could be ave ben issues setup to be on an annual basis instead of a soil test states that there phocuredeand to dig with the contractor. Mr. Markey think that a new hole. The Board of Health cannot grant a variance knowing that other areas can be tested. This might be the way of getting out of a pre-treatment system. This would be a movement of 20 feet up the hill. Unfortunately,there is the cost of sand, etc. Mr. Osgood states that there is a good amount of sand there already that could be salvaged. Mr. Talbot raised concerns about not wanting to cut more trees down in that area, as he abuts neighbors on Cricket Lane. Mr. Osgood states that he may be able to use barriers to save some trees. Mr. Markey suggests a test hole. Mr. Osgood will try and get a machine tomorrow and coordinate the test with Susan. If it is found that there is a lack of suitable material, we can consider the variance as granted. A motion was made by Mr. Markey and seconded by Dr. Trowbridge to grant a variance as requested, if no alternative suitable site is found. All were in favor. Page 3 of 3 October 28,2004 -North Andover Board of Health Meeting-Minutes Board of Health Meinbers:Cheryl Barezak,Clerk; Thomas Trowbridge,DDS,MD,Member;Jonathan Markey,Chairman Health Department Sta :Susan Sawyer,Health Director; Michele Grant,Health Inspector;Debra Rillahan,Public Health Nurse; Pamela DelleChiaie,Health Department Assistant j J 1 Ms. Sawyer asked if she should bring Mr. Henderson r letting Mr. Henderson Per Mr. Markey,he thinks the Board of Health s hould send a letter know that his license will not be renewed due to various installation issues. 492 Sutton Street,Lawrence Airport-Letter from Stanley Szczurko, Jr.,Registered of Sanitarian, dated October 19, 2004 regarding a request for a Variance from h subsurface Health to allow the installation of a septic tank to within the 25 feet of a 36 inc RCP drain Mr. Szczurko, states that LWM is constructing airport hangars for private aircraft. They are attempting to allow for comfort stations. There is the issue of wanting to move in, and trying to get all completed. There are three bathrooms he one,ox leave als six- inch ADS Markey states that on the sewer pipe from t sleeve. With the HDPE—high density,traffic can drive over it. It is a very strong black pipe. Add elevation on the pipe as to where it is crossing, and show the sleeve on that. Mr.Markey Makes a motion to grant the variance seconded the motionln All were in sewer sleeve in a 6 inch ADS pipe. Dr. Trowbridge favor. 113 Bridges Lane—(plan approved 10/21/04) October 1, 2004 Request of Ben Osgood, New England Engineering to allow a Local Bylaw Waiver: 1. Allow reduction in offset distance between leach bed and wetlands from 100 feet required to 51 feet. offset distance between leach bed and deck from 10 feet 2. Allow reduction in required to 8 feet offset distance between septic tank to wetland from 75 feet 3. Allow reduction in required to 71 feet. This plan is for a system repair, and the system wetland out m front Under Trt1ert5 this is are dealing with a wetland. There is also isolated not jurisdictional There is a large backyard,but d is in really now tig a due o the wetland. There is is ravine area mostly filled in,but the area not filled , all junk. Mr. Markey asks about the perc rate. The Sac reTestat OS that there are guidelines plans to put m a barrier where the dotted line is. Ms. ier. If 3-1, put in a wall. Ms. for barriers and walls. If there is less than 15 feet, p ut in barr Sawyer asked about erosion control. Mr. Osgood allowed six feet. Ms.Barczak motioned to allow the above requested variance. Dr. Trowbridge seconded the motion. All were in favor. 45 Bridges Lane—(new plan received 10/20/04 pending septic approval) October 20,ylaw 2004 Request.of Ben Osgood,New England Wen e leach bed and wetlands Brolm 100 feet 1. Allow reduction in offset distance bet required to 88 feet. ay This is an existing house with a failed septic system. l lot ine,but dCannot buildable else. under this configuration. They plan to keep the electrical Page 4 of 4 October 28.2004 -North Andover Board of Health Meeting-Minutes Board of Health Members:Cheryl Barczak,Clerk; Thomas Trowbridge,DDS,MD,Member;Jonathan Markey,Chairman Health Department Staff'Susan Sawyer,Health Director; Michele Grant,Health Inspector;Debra Rillahan,Public Health Nurse; Pamela DelleChiaie,Health Department Assistant Ms. Barczak asks about the soil stockpile indicated on the plan. Mr. Osgood states that Conservation needs to know this. Ms. Sawyer needs to complete a 9B form. Ms.Barczak makes a motion ,Dr. T. 2nd. Above and allow distance fronm the house to be 11 feet to 20. All in favor. 2177 Turnpike Street—Letter received on October 21, 2004 from Mr. Joseph Casey regarding a requested proposal to install an abbreviated sewage disposal system for a 12- month period. Ms. Sawyer states that the homeowners needed an extension, and should have asked for this last year. Ms. Sawyer granted approval to go ahead. Sewer is now going in on Route 114/Turnpike Street, and the property will have a stump for sewer. This is now a three year old septic plan. The DEP does not allow a tight tank. This is brand new construction. The homeowner continues to call to find a way to not build a new system. The homeowner is also aware that Andover allowed some "mini" septic systems to be put in, and has asked about this possibility for his property. Mr. Markey states that the local Board of Health does not have the authority to anon received from everyone e tanks If people wanconstruction.o live inOn the other hand, sign-offs have been their home without an occupancy permit,they take that risk. Ms. Barczak states that the homeowner needs to stay somewhere for 6 months, or longer,until the sewer connection is ready and available. A letter needs to be sent to the homeowner. The Board of Health does not have a variance for this type of situation. What was requested is something that the Board of Health is not allowed to grant, and the Board needs to adhere to the state sanitary code. An impromptu discussion ensued regarding a situation of a clogged grease trap at the Beijing Restaurant this past week. An impromptu discussion ensued regarding updates on the Zola Restaurant (closed),Mango Grille (change of ownership and The Loft(change of ownership). A discussion regarding the Influenza Vaccine was initiated by Ms. Sawyer, who stated that Mark Rees asked the Board of Heatth to vote on the distribution at this meeting. North Andover Health Department is receiving 650 doses. Ms. Rillahan needs at least 20 doses for home visits. Dr. Johnson, of New England Allergy has a huge practice, and has a lot of immunocompromised patients. He as at least 150 patients who would benefit from the vaccine. Ms. Rillahan states that this amount should be taken out of the North Andover doses. Ms. Rillahan will try to get more from the state, but if not, she will take out of the Town of North Andover allotment. It was discussed that the Health Department would offer a clinic on Wednesday,November 17th or Thursday,November 18`h, from 3:00 to 5:00 p.m. at either the North Andover Middle School or North Andover High School, depending on what facility will be available. The department would need at least 10-12 volunteer nurses and the Board of Health members would need to be on the first line of fire. Once the October 28.2004 -North Andover Board of Health Meeting-Minutes Page 5 of 5 Board of Health Members:Cheryl Barczak,Clerk; Thomas Trowbridge,DDS,MD,Member;Jonathan Markey,Chairman Health Department Staff Susan Sawyer,Health Director; Michele Grant,Health Inspector;Debra Rillahan,Public Health Nurse; Pamela DelleChiaie,health Department Assistant I announcement is made,the following information should be included: The vaccine is limited to: Adults 75 and older, adults with one or more chronic h health of seveae s or any individual with a chronic medical condition who would be at g complications or life-threatening illness from the flu, with a note documented from their Dr. t on rofessional Dr.'s letterhead stating the patients' need, and only t North P Andover. Ms. Barczak recommends the flu fax information sheets from the DPH information for the article. The clinic could be referred to as a Senior Citizen Flu Clinic. not There should also be a note somewhere stating that"in interest of the children,please arrive before the scheduled clinic time. There will be no passes beforehssdPrAerrarat onould start no earlier than 2:45 p.m. to start the verification of eligibility proce p could be started by leaving forms at the Senior Citizen Center to have residents fill out ahead of time. An article should be published in the newspaper stating the above stipulations, and all the details. All were in favor of instituting these methods. Old Business Revised Tobacco Regulations to be presented for signature. Regulations were signed by the Board members and will be distributed to all licensed tobacco retailers. Discussion and Correspondence Trash Truck renewals. Michele Grant,Health Inspector will present information to date of current research and review of regulations. Mr. Thomson of Northside Carting is supposed to come before the Board of Health each year to review his trash trucks licenses. He needs The North reminded of Polhce Department states Department decided not to go with magnets The new design is an 8x8 that most haulers are putting them in the windows anyway. placard. Mr. Thomson still wants to take these and pthis direct Markey h states that we cannot give as many as he needs The Board can talk about him at the next meeting. It was decided that there will be no Board of Health meeting on November 18th, and Dec. 9"' will be the next meeting. Memo from Mark H. Rees dated October 7, 2004 regarding FY06 Budget and Town Meeting Calendar Letter from Thea H. Fournier, citizen dated October 11,2004 regarding DEIR for TBI, EOEA#13203 Letter from Elizabeth Weber, citizen, dated October 12, 2004 regarding Draft Environmental Report for TBI,EOEA#13203 Page 6 of 6 October 28 2004 -North Andover Board of Health Meeting-Minutes Board of Health Members:Cheryl Barczak,Clerk; Thomas Trowbridge,DDS,NI D, fember;Jonathan Markey,Chairman Health Departmen t Std Susan Sawyer,Health Director; Michele Grant,Health Inspector;Debra Rillahan,Public Health Nnrse; Pamela DelleChiare,Health Department Assistant I i zens regarding the Draft Environmental Report I Letters from additional N orth Andover Citi for TBI,EOEA#13203 Memo from Mark H. Rees,Town Manager, dated October 15, 2004 regarding Administrative Reorganization within Community Development. 2005 Meeting Schedule s decided. The Board talked about the possibility of having Briefly discussed, nothing wa meetings on the third Thursday of every month instead of the fourth. This will be pursued at the December meeting. Reminder about the training in Marlboro on November 20, 2004. Meeting Adiournrnent The meeting was adjourned at 10:03 p.m. Respectfully Submitted, "'N Cheryl Bat` zak, Clerk October 28 2001 -North Andover Board of Health Meeting-Minutes Page 7 of 7 Board of Health Members:Cheryl Barczak, Clerk; Thomas Trowbridge,DDS,MD,N/ember;Jonathan Markey,Chairman Health Department Staff'Susan Sawyer,Health Director; Michele Grant,Health Inspector;Debra Rillahan,Public Health Nurse; Pamela DelleChiaie,Health Department Assistant