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HomeMy WebLinkAboutDec 2004 minutes i 1 i North Andover Board of Health MEETING MINUTES t Community Development & Services Office 400 Osgood Street Thursday—December 9, 2004 7:00 p.m. Call To Order Meeting called to order at 7:00 p.m. by Jonathan Markey, Chairman Members and Staff Present Jonathan Markey, Cheryl Barczak, Thomas Trowbridge, Susan Sawyer, Michele Grant, Debra Rillahan, Pamela DelleChiaie New Business 1. Meeting Minutes Approval of the October 28,2004 Board of Health meeting presented for signature. Board members have not had a chance to finish reviewing yet. Minutes will be signed at the next meeting in January, 2005. II. Request from Dr. Aaron J. Pollock, D.C. of Advanced Health & Wellness for a variance to the Massage Regulations, Section 6.E to operate as a Massage Establishment in the Town of North Andover. The building is on Turnpike Street in the Jefferson complex. There are different types of businesses in the building. Dr. Trowbridge asked about a sitting area, as it does not look like part of the office area. The bathrooms are located outside of the Dr.'s office and are shared with other businesses. This request for the approval of a variance to section 6.E. of the North Andover Rules and Regulations Governing the Practice of Massage that requires, "toilet and washing facilities within the premises". Motion: A motion was made by Dr. Trowbridge to allow the variance to Section 6.E., and seconded by Mr. Markey. All were in favor. 1II. Request from Ben Osgood, Jr., Professional Engineer of New England Engineering regarding: 121 Raleigh Tavern Lane Septic System Repair Design for Local Upgrade Approvals, Local Variance Approvals and Title 5 Variances as described in letter received on December 1, 2004. Ms. Sawyer notes that all the abutters to the above property were notified. Mr. Osgood states that this is a tough site; and is a lot that was built on in 1969 or so. This portion of Raleigh Tavern Lane was a pond that was filled in years ago. The wetlands, at one time, December 9.2004 -North Andover Board of Health Meeting—Meeting Minutes Page 1 of I Board of Health Members:Cheryl Barczak,Clerk; Thomas Trowbridge,DDS,MD,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 i I 1 extended across the area. The soil would have been a wetland soil, and would have been t down 6-8 feet. The area of the existing system is in the front. New England Engineering was unable to get a perc test, because the water table was too high: 77 inches to top of the C layer. A water table was not logged in the C layer, and was logged at 22 inches in the fill. The site varies with all kinds of"stuff:; the pit was dug near more grade. NEES went with 22,up in the fill,near the house. They had to dig down 77 inches to get to layer. It is a class 2 soil based on the sieve analysis. They used the pre-treatment to lower the offset to the water table, and took the 25%reduction as a Local Upgrade approval. Ms. Sawyer inquired about the pump chambers. Mr. Osgood states that this is a full-sized system, and that end result is a lot of variances and Local Upgrade approvals. Title 5, allows a sieve analysis; and other variances would allow the reduction in the leachfield size by 25%. NEES is using a pre-treatment system in order to keep the grading down. Due to the Conservation restrictions, there is a 25 foot no cut area. The LUA also requests a reduction in the distance between the tank and the wetland to between 50 feet to 38 feet. Title 5_Variances: "A Motion was made by Ms. Barczak and seconded by Dr.Trowbridge to 1. "Allow for the use of a laboratory textural analysis (sieve analysis) as outlined by DEP Policy#BRP/DWM/Pep-Poo-4 in lieu of a percolation test to determine the loading rate of the soil." 2. Allow the reduction in required leach field size by 25%from 1,333 sq.ft. required to 1000 sq.ft. Local Bylaw Variances "A Motion was made by Ms. Barczak and seconded by Dr.Trowbridge to allow for:" 1. Reduction in offset distance between a leach bed and a wetland from 100 feet to 20 feet. 2. Reduction in offset distance between a septic tank and a wetland from 75 feet to 38 feet. 3. Reduction in offset distance between a pump chamber and a wetland from 75 feet to 51 feet. Local Upgrade Approval "A Motion was made by Ms. Barczak and seconded by Dr. Trowbridge to allow for:" 1. Reduction in offset distance between a leach bed and a wetland from 50 feet required by Title 5, Section 15.211 (1)to 20 feet. IV. Request from Ben Osgood, Jr., Professional Engineer of New England Engineering regarding: 1491 Turnpike Street, owned by Diana Kiesel, Septic System Repair Design for Local Upgrade Approvals,Local Bylaw Approvals and Title 5 Variances as described in letter received on December 1, 2004. Mr. Osgood states that a reduction is needed in the offset distance between a pump chamber and a foundation wall from 10 feet required by Title 5 section 15.211(1) to 5 feet. This location is on Route 114. There are four or five houses along that area that were built in a similar manner. This is a tight lot, and much of the area is wetlands. The existing septic tank is in the wetlands, and the wetlands wrap around the water. There is a forced main December 9 2004 -North Andover Board of Health Meeting—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; Debra Rillahan,Public Health Nurse,Michele Grant,Public Health Inspector;Pamela DelleChiaie,Health Department Assistant f sewer. Other engineers did testing 4-5 years ago. Mr. Osgood looked into tying into the sewer; however, no other neighbors are willing to share the cost, and the cost is prohibitive t for one person to bear. Another neighbor had their septic system pass inspection, and there is no need for further action for them. For sewer connection one can only tie into a gravity t line,not a pipe under pressure. The cost for sewer connection runs approximately $60K to go up the street, and there is quite a distance up the road, approximately 2,500 feet. Much of the permitting and installation costs are attributed to going down the highway. The system is designed system in front of this split-level house. If the system were to be in back, it would be only 25 feet to wetlands. Out front, there is a lot of exposed foundation. The plan is to fill in up front, and bank the system against it. Therefore,they will basically reconfigure the landscaping around the whole front of the house, and put a wall around the system. A perc test was not possible, so New England Engineering is asking for a sieve analysis. In addition,there is a bathroom in the basement for which they will intercept the pipe and connect. Title 5 Variance: "A Motion was made by Ms. Barczak and seconded by Dr.Trowbridge to"Allow for the use of a sieve analysis to determine loading rate as outlined by DEP Policy #BRP/DWM/PeP-P00-4 in lieu of percolation testing." 1 Local Bylaw Variances: "A Motion was made by Ms. Barczak and seconded by Dr.Trowbridge to allow:" 1. Reduction in offset distance between a leach bed and a wetland from 100 feet to 29 feet. 2. Reduction in offset distance between a septic tank and pump chamber and a wetland from 75 feet to 22 feet. Local Upgrade Approvals: "A Motion was made by Ms. Barczak and seconded by Dr.Trowbridge to allow:" 1. Reduction in the offset distance between a leach bed and a wetland from 50 feet required by Title 5 section 15.211(1)to 29 feet. 2. Reduction in the offset distance between a septic tank and a wetland from 50 feet required by Title 5 section 15.211(1)to 22 feet. 3. Reduction in the offset distance between a pump chamber and a wetland from 50 feet required by Title 5 section 15.211(1)to 22 feet. 4. Reduction in the offset distance between a leach bed and a foundation wall from 20 feet required by Title 5 section 15.211(1)to 12 feet. 5. Reduction in the offset distance between a septic tank and a foundation wall from 10 feet required by Title 5 section 15.211(1)to 5 feet. V. Request from Bill Thomson of Northside Carting to discuss renewal of the trash truck permit fee waiver. Mr. Thomson presented to the Board to request a discount permit fee for his trash hauling trucks. He prefers to use stickers, as the decals are permanent, and it eliminates any confusion. He has an issue with the design of the new placards. The Department of Transportation does not allow obstruction of windshields. Many of the trucks have deep dashboards. Ms. Sawyer asks Northside Carting has business throughout the area. Mr. Thomson replied that their other facilities are in Peabody and Salem. Unless they are December 9 2004 -North Andover Board of Health Meeting—Meeting Minutes Page 3 of 3 Board of Health Members:Cheryl Barczak,Clerk; Thomas Trowbridge,DDS,MD,Member;Jonathan Markey,Chairman Health Department Staff Susan Sawyer,Health Director; Debra Ril/ahan,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaie,Health Department Assistant i I coming from Boxford or Georgetown,they are to use the Ward Hill Connector. Mr. Markey asked about the number of vehicles. Mr. Thomson purchased a few more vehicles,but the number hasn't really changed, as he was upgrading. Ms. Sawyer stated that last year, Northside Carting had all the same numbers on their stickers and placards. The Board of Health wants a breakdown on the number of stickers printed. Ms. Sawyer stated that it is better that each sticker maintain a separate number. The North Andover Police Department(NAPD) also recommends that state or town permits not be copied. Mr. Markey states that the Board of Health issues approximately 160 placards from all the other companies not including Mr. Thomson's company. Mr. Thomson has 42 trucks that would need placards. out of hundreds of trucks that are owned by all the other trash companies, approximately 200 would use placards. It was decided that Mr. Thomson may not have the placards copied, rather the Town would be responsible for special ordering the placards as stickers. Mr. Thomson agrees to be responsible for the extra printing cost. Mr. Thomson is to submit information as to his accounts in the area. Michele Grant will review additional information that will be submitted by the applicant and issue the permits and placards. The staff will attempt to evaluate his application and make recommendations. Dr. Trowbridge asked about a cap to be determined point to move allowed t dive He states that the purpose of the placards is to control the number of through roads within the Town of North Andover. There are a couple of issues; 1. The location where Mr. Thomson wishes to place his placards; and 2. The amount of money that Mr. Thomson wants to pay. Dr. Trowbridge states that the standard fee of$1,500 should stand, and should be subject to operating trust, as this is a reasonable number of trucks actively operating in the Town of North Andover. Motion: A Motion was made placards and the fee of$1,500 whc h will e•reviewedto grant a request for the 42 on an annual basis. VI. Ken Kimmel, Town Counsel,to conduct a discussion and consultant proposal of the TBI Transfer Station. Mr. Kimmel explained that state law requires that the Thomson family of the TBI Transfer Station pay a technical fee,based on the size of the proposed 650-ton-a-day trash transfer station on Holt Road as part of a site assignment application, and that the money be used to hire a consultant to review the proposal. The idea behind this is that TBI would pay the fee, and pay for technical experts to assess whether the project meets environmental criteria. Usually,the money is paid after the application is filed,but town lawyer Kenneth L. Kimmell has asked the Thomson family to pay the $26,000 fee up front, as it would allow an outside expert to review the Thomson's proposal before the hearing begins. Mr. Kimmel just received the Environmental Impact Report. The public hearing process is long and lengthy, and it would benefit the Board of Health to hire a consultant now to start the review process, rather than wait until application filed, 3-4 months from now. Under the December 9 2004 -North Andover Board of Health Meeting—Meeting Minutes Page 4 of 4 Board of Health Members:Cheryl Barczak,Clerk; Thomas Trowbridge,DDS,N1D,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 i i II regulations, once the site application starts,there will also need to be a hearing officer picked who will preside over the meetings. There is a simple agreement by which the Thomson family will advance the funds so that the Board of Health can obtain the information f Health is able to go out and B l find aconbu draft of the application so that the B font and obtain a Scope of Services. The Board of Health has the final approval to approve a consultant. This will allow the Board must be approved by the Board of Health before environmental impact. This agreement pp taking effect. Ms. Barczak asks if the Board of Health could talk to some consultants without an agreement. Mr. Kimmel states that if that is done,the Board of Health would not have the funds later. This project is 99% complete based on the site application. There is a remote chance that the final draft would be significantly different than the draft proposal. If the funds are provided, the application would more likely be the same. Dr. Trowbridge asked if there is a precedent for this type of situation. Mr. Kimmel states that the idea originated with him, in another town, for which he represented the Board of Health, and felt that the Town was well served by having a technical consultant. Technical expertise would mean that all of the siting criteria would be reviewed, and that the Board of Health would benefit from having special expertise in something such as Air Quality Monitoring and Traffic analysis. One option is to hire a firm which has all different consultants with various expertise. Site assignments follow a very unusual process. A hearing officer is appointed,usually a lawyer. This person presides over the hearings as a judge would. A Mr. John Shea filled this role during the last hearings. The hearing officer decides what evidence goes in, who gets to speak, etc. The Board of Health can ask questions,but are listening to evidence. Residents of the Town of North Andover would not be able to get up and just say what they think. Individuals or groups must file a motion to intervene, and testify under oath. This process is fairly off-putting to most people. Each side puts on witnesses, testifies, and gets cross examined,before a decision is rendered. Standards written into the law must be applied during the process. Mr. Kimmel will keep the Board of Health briefed as the process gets further along. This process is not like a give and take permitting process. If citizens are disappointed with the process or decisions,they can appeal to the superior court. Ms. Rillahan commented that getting this together will take a significant amount of time. Resident Karen Klein asks if this process is a"done deal." Mr. Markey states that the Board of Health needs more time to review what the consultant comments on, and it is not certain. It is the applicant's offer of money to hire the consultant. Joy Mills, Sutton St.,North Andover: "If our board did not sign this agreement, and obtained their own consultant, would the report get shared?" She is wondering about the time frame that this agreement would give TBI. December 9,2004 -North Andover Board of Health Meeting—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, Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaie,Health Department Assistant i 1 I 1 Dr. Frank MacMillan,Woodcrest Drive,N.A.: "In 1997, there were two technical proposals. One representing TBI, and one representing the Town of North Andover. Why would TBI want to bankroll the town? Mr. Kimmel states that TBI paid for the study in 1997 ($25K). This process is the same,just a different time frame. Female speaker: "If TBI changes their plan, ndoveer for approval? Mr. Kimmel states that before they come back to the Town of North they might. Female speaker: "What is the time constraint, once the application is filed?" Mr. Kimmel stated that there is a limited amount of time to reenter a public hearing and decision. A public hearing must commence within 30 days of application obtain a copy of l ,law S they can e- on MGL Chapter I 1 Section 150. If anyone w ants mail Mr. Kimmel, and he will cut and paste. Ms. Barczak asked about the last hearing process, and how it progressed. Mr. Kimmel stated that it was a rushed affair. Typically,these types of hearings are multiple evenings. The last process took 7-8 separate sessions. The Health hires the hearing officer,whi h amount paid information to be presented.. The Board of out of the public hearing fee paid by TBI. The applicant puts on all of their witnesses first. Dr. Trowbridge asked about how the hearing officer makes their decisions. Mr. Kimmel states that to be allowed to be a participant one must file a motion or written letter, as an aggrieved abutter or citizen. The first hearing is a bit chaotic. The hearing officer will establish the schedule. Within 10 days, anyone who wants to be a participant must file an application. A notice may also be filed or published to list procedures. Joan Kulash,resident, asked about the timeline. The application will be filed around March of 2005. TBI is required to file by Jan 14th for the Environmental Impact Report. Mr. Markey asked about the $26K, as it seems very low to cover all the work that needs to be done. Dr. Trowbridge stated that there is a formula—"CMR 310." "The fee is $3K plus he $20 multiplied by the number of days and divided needed Mr. Kimmel states that the Boardtof Board of Health could spend more money Selectmen would determine that. Dr. Trowbridge asked about the five percent in the contract, it sounds as though this is happening before the hearing plication with the Board of Health. This will be addressed through a motion Mr. Markey proposes to table this agreement tonight, and wants to act on it at the next meeting. Dr. Trowbridge states that this is a big project, and there will be no rushed decisions. Mr. Markey states that it is good to have the comments prior to application, but they are not ready to make a decision on the agreement tonight. Mr. Kimmel will send an e- mail packet and forward it for the Board of Health to look at. The agreement is basically having to do with the money to hire the consultant(s). The Town of North Andover does not have $25K to start an agreement, and Mr. Kimmel recommends that, as stated previously, the technical consultant be taken care of earlier, so that there is more time to review. This makes for an easier process. TBI will have to pay the money no matter what. December 9,2004 -North Andover Board of Health Meeting—Meeting Minutes Page 6 of 6 Board of Health Members:Cheryl Barczak,Clerk; Thomas Trowbridge,DDS,MD,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 I I i The decision about the agreement will be tabled until the next meeting on January 201h' 1 Old Business None at this time. Discussion and Correspondence Discussion regarding new Body Art Regulation will be continued until 2005. Letter dated November 29, 2004 from GLSD re: monthly sampling results of the AOS sludge pellets for October 2004 Letter dated December 8, 2004 from the North Andover Police Department, Traffic Division, regarding trash truck enforcement. List of the Selectmen's Meeting Schedule for the 1St Half of 2005 was circulated. Meeting Adjournment Meeting Adjourned at: 9:20 p.m. Respectfully Submitted, Cheryl B rezak, Cl`,rk December 9 2004 -North Andover Board of Health Meeting—Meeting Minutes Page 7 of 7 Board of Health Members:Cheryl Barczak,Clerk; Thomas Trowbridge,DDS,MD,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