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HomeMy WebLinkAbout2003 Jan Feb March BOH Minutes MINUTES OF THE BOARD OF HEALTH MEETING OF JANUARY 23, 2003 Present: Dr. Frank MacMillan, Cheryl Barczak, Jonathan Markey, Deb Rillahan, Brian Lagrasse, and Sandra Starr. Variance Request— 105 Brookview Drive Ms. Michelle Nadeau was present to request a variance to Title 5 and local septic regulations to allow her to finish her basement as a family room. Her septic system was designed for a four- bedroom dwelling or a maximum of nine rooms. The house currently has ten rooms so the septic system may be considered to be already undersized for the existing house. Different options were suggested and considered;Ms. Starr recommended that a deed restriction requiring the septic system to be upgraded to agree with the size of the house upon sale of the property be granted. Mr. Markey suggested that the septic system be upgraded at the owners' leisure since they are not selling and it would not be expensive to add a single trench. Ms. Nadeau objected to all suggestions except a deed restriction limiting the use of the house to 4 bedrooms. It was pointed out and discussed that a variance of this type cannot be enforced since it depends on the conformance of new owners to a use of the property. A lengthy discussion ensued during which it was noted that several basements have been finished in the surrounding neighborhood. MOTION: Jonathan Markey made a motion to allow the Nadeau's to finish their basement and to file a deed restriction limiting the use of the house to four bedrooms. In addition, no additional rooms can be added on to the dwelling while remaining on this septic system. The motion was seconded by Dr. MacMillan and passed. Cheryl Barczak abstained because she is a neighbor of Ms. Nadeau's. Request for soil testing extension: Five years ago soil tests were performed on Lot 24 on Boxford Street for Peter Breen. This would be his third request for an extension on these soil tests. The Board discussed the length of time and determined that five years was too long a period to extend soil tests. It was agreed that deep holes only would need to be redone, and that Ms. Starr could adjust the fee to reflect the fact that fun soil testing would not be performed. MOTION: On a motion by Jonathan Markey, seconded by Cheryl Barczak and passed unanimously, the request for an extension on the soil tests at Lot 24 Boxford Street was denied. SMALLPDX EMERGENCY RESPONSE PLANNING COMMITTEE: Ms. Starr and Ms. Rillahan gave a brief update on the first meeting of this committee and the mandate from the state Department of Public Health that requires the response plan. A lengthy discussion ensued about the varied and complex issues involved in a response plan of this magnitude. Both Cheryl Barczak and Dr. MacMillan were requested to become part of this committee. SKIN CANCER GRANT APPLICATION: The application was reviewed and errors identified. Changes will be made and the application will be sent in. No Board action. WARRANT ARTICLES FOR TOWN MEETING: Ms. Starr presented possible warrant articles for the authorization of revolving escrow accounts. A discussion ensued about the use of the MR1 Host Community funds and how the trash truck permitting program will work with On a motion by Jonathan Markey, seconded by Cheryl Barczak, the Board unanimously voted to approve the wording and purpose of the following warrant articles: • Re-authorization of the MRI Public Health and Community Benefit revolving escrow account; • Authorization of the revolving escrow account to fund food-related consultant services; • Authorization of the revolving escrow account to fund individual onsite septic system-related consultant services; • Authorization of the revolving escrow account to accept and expend funds for vaccine administration and purchase and for other various public health services and expenses. A discussion was held concerning the new sealer of weights and measures position and the possible need to submit a warrant article asking the Town to raise some of the fees for these services, after which a motion was made by Jonathan Markey, seconded by Cheryl Barczak to submit a Warrant Article to raise Sealer fees if deemed necessary. Specific wording will be reviewed by the Board prior to submission of the article. MODIFICATION OF TRASH TRUCK REGULATIONS: Ms. Stair presented three different options for changing the regulations to accommodate the concerns of the abutting town of Middleton. In addition she recommended that the Town of Middleton be added to the exempt towns list, since there is no direct access to Route 495 from Middleton;vehicles must travel over Route 114 through North Andover to access the highway. After discussion, on a motion by John Markey, seconded by Cheryl Barczak the Board voted unanimously to adopt the following addition to Section VII, Part C of the Trash Truck regulations. The North Andover Board of Health may waive permit and/or placard fees for municipalities that transport their own solid waste in municipality-owned vehicles. A small fee for requested placards to cover annual manufacturing costs may be levied. Fines for violations of these regulations shall remain in place and be applicable to all transporters of solid waste through North Andover, regardless of other waivers. The Town of Middleton was added to the list of exempt communities. ONGOING IRRIGATION AND GROUNDWATER WELL DRILLING MORATORIUM: The Board agreed to keep the well drilling moratorium in force. CORRESPONDENCE: Letters about TBI read;no action. GENERAL DISCUSSION: The Board members were informed that the percolation rate for new construction has been changed to 60 minutes per inch as of January 1, 2004. A brief discussion ensued about how this change will affect the department and usage of staff. No action required. MEETING ADJOURNED: The meeting was adjourned at 8:45 P.M. Respectfully submitted, tJ Cheryl arczak, Clerk North Andover Board of Health Meeting Minutes Thursday February 27, 2003 7:00 p.m. Department of Public Works 384 Osgood Street North Andover, MA 01845 New Business 383 Abbott Street Letter was reviewed with protocol to follow per the Order Letter from Mr. LaGrasse, Health Inspector. Mr. Averka was present at meeting: Obtain a signed contract to have sewer tie in within a month. Contact a plumber with a written statement as to when he will do the work. Clean bathroom and kitchen areas with bleach (one capful of bleach to one gallon of water) and use of heavy duty cleaners;get rid of all mold and mildew. All trash, debris and junk needs to be removed from the dwelling. Allow one inspection per week with full cooperation. Allow pictures to be taken of cleaning progress. Motion The BOH unanimously voted to issue the additional conditions to the original order letter and, tabled further action until March 27, 2003. Variance Request to Title V—433 Marbleridge Road Mr. Querci was present, and states that he currently owns this three-bedroom, one bathroom ranch, and wants to put on a second level addition—three bedrooms and a bath. The family would be losing a bedroom downstairs to put a new stairway in. Mr. Querci is requesting a variance to start the project, as the septic system failed Title V due to leaching into groundwater. According to Mr. Querci, his septic system is pumped out one time a year with Dan Giard. Mr. Querci does not want to spend the money for a new septic system, as sewer lines are scheduled to go in by Fall of 2003. Mr. Querci's contractor would like to start work in April, and Mr. Querci and his family will move out into his mother's house during the time of the construction, and hope to be back in by June or July. He estimates he would be back in the house three or four months before sewer is tied in. Ms. Starr suggested that Mr. Querci go through the application process again, and submit new plans with one big bedroom. This would circumvent the condition of too many rooms with the septic. Therefore, no variance is needed. 799 Dale Street—Request for Certificate of Continued Usage This home is owned by Arthur and Lois Maravelis. Mrs. Maravelis was present and stated that she and her husband are in the process of selling this house, and are scheduled to close on April 24th. Mrs. Maravelis submitted a proposal to the BOH this month from F.P. Reilly& Sons to hook up the property to the Town sewer, which is scheduled for Dale Street in the immediate future. They will be placing $10,500 in escrow, at the time of their closing on their house, to be February 27,2003 North Andover Board of Health Meeting Minutes Page 1 of 4 Present: BOH Members:Dr.Frank MacMillan,Cheryl Barczak,Jonathan!Markey;BOH Staff Sandra Starr,Health Director; Brian LaGrasse,Health Inspector;Deb Rillahan,Public Health Nurse;ParnelaDelleChiaie,Secretary used for the purpose of hooking up the house to Town sewer. The Title V failed on January 28, 2003. A failed septic system can be failed for a maximum of five years. Per Ms. Starr, the Maravelis' need an additional letter stating that the seller will be transferring the money in escrow to the buyer, and that there is a definite agreement between all parties to use this money to transfer from septic to town sewer. This letter will be in addition to the Standard Purchase and Sale agreement. This letter then needs to be brought into the BOH, and Ms. Starr will sign it, as there is no official form called "Certificate of Continued Usage." Motion Mr. Markey made a motion to allow continued use of the septic system until the property is put on sewer, based on the proposed letter to be signed. The motion was seconded by Ms. Barczak. All members were in agreement. Letter from Pat Scanlon of Scanlon Associates re: disposal of mercury products Mr. Scanlon was present at the meeting. Mr. Scanlon is a former employee, and now consultant for Wheelabrator. Mr. Scanlon explained that thermometers and thermostats are the biggest contributors to mercury contamination. Contractors (plumbers) throw out an average of 83% of thermostats. The largest manufacturers of thermostats are: GE, Honeywell, and White and Rogers. Contractors want to be paid to recycle thermostats. There is an issue as to where this money would come from, as the manufacturers will not provide it. Mr. Scanlon has been working with various groups to brainstorm about programs that could be setup to motivate contractors and the public to recycle their mercury products. Mr. Scanlon suggested that the BOH pass a regulation that the Building Inspector can disseminate this information at the time the contractors a apply for their permits. Samples of Mercury Disposal Regulation letters were provided from the BOH offices of North Reading and Northbridge. Mr. Scanlon is also encouraging towns to advocate for light bulb reimbursement programs. The towns can be provided with posters which can then be put up at the BOH and Building offices, letting people know of the Mercury Recovery Program. Mr. Scanlon works with Advanced Reproductions in North Andover to get publications done. Mr. Scanlon is in charge of the program within 70 communities. Mr. Markey asked if the EPA has done anything to prevent mercury items from going out (making products with it). Last year—1700 pounds of mercury were recovered. Motion A motion was made to use the North Reading letter as a sample, and fines will be $100, $200, and $300. Will put on the warrant articles for Town Meeting. Motion made by Ms. Barczak, and seconded by Mr. Markey. All members were in favor. Title V Policy Proposal There are new regulations by the state. As of January 1, 2004, it will be 60 minutes per inch on percolation tests. This would be six hours minimum, per test, A discussion ensued about how this change will affect the department and usage of staff. A discussion of possible ways to handle this change followed, and it was suggested using a septic consultant as the most efficient use of time. February 27,2003 North Andover Board of Health Meeting Minutes Page 2 of 4 Present: BOH Members:Dr.FrankMaWillan,Cheryl Barczak,Jonathan Markey;BOH Staff Sandra Starr,Health Director; Brian LaGrasse,Health Inspector;Deb Rillahan,Public Health Nurse;Pamela DelleChiaie,Secretary Motion Mr. Markey made a motion to adopt future proposals made by Ms. Starr. Ms. Barczak seconded the motion. Update on SERP (Smallpox plan) Ms. Debra Rillahan, Public Health Nurse, reports that the plans for this program are going very well. The current high school field house will be the location to administer vaccinations. Fire Chief Dolan is working on who will be assigned particular jobs. Ms. Rillahan and Ms. Katie Vozeolos, Lead Nurse at the Sargent School are working on letters to send to all doctors and nurses in town to assemble a task force. The Town of North Andover is looking for healthcare volunteers to administer inoculations. It is estimated that there will be a need for 38 nurses per shift, or 80 nurses a day for approximately four days. Vaccines will only come to the town—not the hospitals. Currently, medical personnel and DEP employees are receiving inoculations. This contingency plan will happen only in the event that the whole Town of North Andover must be inoculated. 155 Christian Way Homeowners were a no show. Mr. LaGrasse,Health Inspector, cannot represent the homeowners per Ms. Starr. The homeowners state that their septic system is designed for 546 gallons per day. The homeowners want to finish their basement with what would equal an amount of 550 gallons per day. The homeowners are requesting a variance to finish the basement and have a system that is 4 sq. feet short. It was discussed that the homeowners could possibly do this with a deed restriction or upgrade with a shortage. Motion A motion was made by Mr. Markey to have Mr. LaGrasse indicate to the homeowners that the Deed restriction should limit the number of bedrooms to four, and include an added Effluent T filter. Motion was seconded by Ms. Barczak. Meeting minutes from January 23, 2003 Minutes were presented for review. Meeting Minutes were unanimously approved. Old Business Ongoing Irrigation/Well Moratorium Updates were presented by Ms. Starr, The Board agreed to keep the well drilling moratorium in force. No further action taken. Warrant Articles One of the Board of Health members must be at Town Meeting to make a motion of the warrant articles. One of the members will be present to represent the Board of Health. Hepatitis B Updates Ms. Rillahan, Public Health Nurse gave a verbal report that the Hepatitis vaccines were being taken care of No action taken. February 27,2003 North Andover Board of Health Meeting Minutes Page 3 of Present: BOH Members:Dr.Frank MacMillan,Cheryl Barczak,Jonathan Markey;BOH Staff.Sandra Starr,Health Director; Brian LaGrasse,Health Inspector;Deb Rillahan,Public Health Nurse;Pamela DelleChiaie,Secretory Discussion NERO DEP Office A discussion followed regarding an overall 13% cut in the last few months. No action taken. Tech Environmental (TEI) Completion of Task 1 A review and discussion of letter from Dana Buske regarding access to Board of Health files with regard to analysis of the Wheelabrator facility. It was reported that Town Hall and the Health Department did not have the most recent, updated files organized for easy access. There seems to be confusion when multiple departments have copies of these files, and lack of procedure in reporting and distribution of the files. In the future, paper files will also be sent with CD files for easier access to information. It was suggested that all files be sent directly to the Board of Health. Correspondence Recommendation of Sealer Consultant Position Edward Johnson will be presented to Board of Selectmen at their March 10a'meeting at the recommendation of the Health Department. The Health Department is entitled to collect fees that can be put into the general fund. Under Chapter 98 of Title XT,Regulation of Trade of the Massachusetts General Laws, municipalities are permitted to collect fees for the sealing of devices at inspected facilities. A letter will be sent out next week to area businesses, listing the type and number of devices sealed. The fee charged will be according to the current fee structure as adopted at Town meeting. These fees will be due to the town by March 25, 2003. The total revenue from this will be $3,865, which will cover some of the costs of the Weights and Measures consultant position. Letter to DEP re: 101 Cricket Lane Septic Plans were reviewed and discussed. No action taken. Letter from John Rizza Mr. Rizza's letter supports not re-instituting hearings on a trash transfer station. Review of multiple letters on public opinions on use of the Holt Road area Opinions of strip club vs. the use of a trash transfer facility. Copy of letter from Thomas Urbelis, Town Counsel regarding Conflict of Interest Article— Letter reviewed and discussed. No action taken. Meeting Adiournment The meeting was adjourned at 9:25 p.m. Respectfully submitted, Cheryl Barc k Clerk, North Andover Boar( f Health February 27,2003 North Andover Board of Health Meeting Minutes Page 4 of 4 Present: BOH Members:Dr.FrankMae.Adillan,CheglBarczak,Jonathan Markey;BOH Staff:Sandra Starr,Health Director; Brian LaGrasse,Health Inspector;Deb Rillahan,Public Health Nurse;Pamela DelleChiaie,Secretary North Andover Board of Health Meeting Minutes Thursday March 27, 2003 7:00 p.m. Department of Public Works 384 Osgood Street North Andover, MA 01845 New Business Tobacco Hearings -Richdale, Sam's Mobil, Texaco Mr. Ron Beauregard from Healthy Communities presented the following information about each of the violators: Richdale had a 2nd violation on February 16, 2003. A 16 year old boy purchased Newport cigarettes. There were 14 checks done, and two(2) sales completed. Will only ticket for non- compliance if sale is actually made. Motion by Mr. Markey to level a fine of$200 and suspend license for seven (7) days. Motion was seconded by Ms. Barczak. Sam's Mobil had a 3rd violation on February 16, 2003, and had two violations in May of 2001 and September 17, 2001. Attorney Michael Hogan spoke on behalf of this client. A hearing at Lawrence District Court before the Clerk Magistrate on December 12, 2001 did not appropriate a fine for the September incident. Attorney Hogan requested that the February 16, 2003 violation be considered the first offense. Ms. Barczak motioned that a fine be levied for$300, and lose license for 30 days as it was the 3rd offense. Motion was seconded by Mr.Markey. Texaco had a 2nd violation, A 16 yr. Old female, #44 did 10 checks and received two (2) sales. Mr. Markey made a motion to fine for$200 and stop selling for seven (7) days. Motion was seconded by Ms. Barczak. During all suspensions, all tobacco products must be stored in a locked area away from the main store. Minutes of February 27, 2003 meeting Minutes were unanimously approved by all members. Nurse's report on smallpox training meeting Ms. Rillahan reports that North Andover is very organized with the Smallpox Outbreak Plan. Other communities seem to be waiting for the state to come up with a plan. Very happy with response of nurses and doctors in Town of North Andover to help out if needed. March 27,2003 North Andover Board ofHealth Meeting Minutes Pagel of Present: BOHMembers:Dr.FrankMacUillan,Cheryl Barczak,Jonathan Markey:BOHStaf):Sandra Starr-Health Director, Deb Rillahan,Public Health Nurse;Pamela DelleChiaie,Secretory Absent: Brian LaGrasse,Health Inspector Proposal for recreational camp inspection fee This is put on hold as Ms. Starr said she was unable to run by Town Counsel. Ms. Starr would like to discuss with the Board Members informally at a later time. Adoption of proposed Mercury Disposal Regulations Regulations were approved and signed by all Board members. Animal Inspector Nomination Motion made by Ms. Barczak and seconded by Mr. Markey to let R. David Lindsay, DVM take over as Animal Inspector for his father. Form will be signed, and letter to be sent to Town Hall to confirm this. Lot 10 Windkist—request for extension of soil tests. Motion Mr. Markey made a motion to extend the soil testing to proceed with sale of this empty lot. Ms. Barczak seconded the motion. Wood Bridge housing issue The Health Department staff has been involved with a particular case since last July of 2002. There is one resident complaining of pungent smells from her neighbor downstairs. Ms. Rillahan reports that the apartment was dirty, but no major violations. The resident in question needs guidance, as he is not capable of handling his affairs independently, and does not have any family or a guardian. Ms. Rillahan approached social services for assistance, and was refused on the grounds that he does not qualify under DNM or DMH, although he was tested, and found to be borderline on psychological testing. He will need to be in a group home setting soon, or he will be homeless. Ms. Rillahan and Mr. LaGrasse were subpoenaed to go to court by a Ms. Doran, a neighbor, over this housing issue. It was discussed that Town Counsel needs to work with the state to get help for the individual in question. Otherwise, Ms. Rillahan has exhausted all options searching for assistance. A resident attending the meeting approached Ms. Rillahan and gave her a business card for an agency that she works with that may be able to help. Thompson's—presentation of trash transfer facility This forum was not set up for a hearing. This was just a presentation of very conceptual new plans for a trash transfer facility. This proposal differs substantially from the original proposal at 210 Holt Road. Mr. Alan R. Kirschner, a consultant with the environmental engineering firm Brown& Caldwell of Middleborough used basic floor plans to show the Board of Health the Thomsons' conceptual design plans which outlined the following information: The site is approximately four(4) acres in size. The current proposal has a 30,000 sq. ft. recycling and processing facility. Ideas were talked about as to how vehicles will enter and exit the site. Trucks would enter from Route 125 to Holt Rd., and proceed to the rear of the property. Along the frontage, landscaping is planned between Holt Rd. and the proposed building. The design anticipates a basin at lower end of the site. The number of vehicles accessing the facility would be approximately 150 vehicles per day, carrying a March 27,2003 North A ndover Board ofHealth Meeting Minutes Page 2 of5 Present: BOH Mein bers:Dr.Frank MacMillan,Cheryl Barczak,Jonathan Markey:BOH Staff-Sandra Starr Health Director, Deb Rillahan,Public Health Nurse;Pamela DelleChiaie,Secretary Absent: Brian LaGrasse,Health Inspector total of approximately 650 tons per day. The trucks would follow a designated haul route. Details of enforcement will need to be worked out. The building would be approximately 300 ft x 300 ft. This facility would process primarily construction debris. The operation will entail a shredder, a screener, and a picking and sorting station. A magnet will be installed to pull metals out. The sorting will be manually picking out materials such as cardboard, wood, and other metals. These items will then be dropped down into bins and stored as recycled products. Ground leftovers will be brought into recyclable area. There will be trailers for solid waste at the end of the building and trucked off- site for disposal. The goal for recycling is 50%. The Thomson family feels that this is a workable concept. Additional control systems will include a misting system to control dust. This system will be installed in the shredder, and grinding systems to control dust. The Thomson's will also address bird control issues. These plans will need to go through local reviews and approvals through town and state, and will take many months to complete. The Board of Health will look at prior environmental filing, back through the site suitability process. Further review and filing with the DEP will need to be conducted before this plan comes before the Town of North Andover. Some residents belonging to the group People for the Environment were present, and several gave their views. The group was told that this was not a hearing, but a conceptual presentation only, and that the Board of Health would act in the best interest in the public health of the community. Joan Kulash—citizen Ms. Kulash thanked the Board of Health for their past decision. Ms. Kulash stated that North Andover is already overburdened with the amount of trash facilities, and hopes that the Board of Health will make the right decision for the public health in the future. Temporary septic help Ms. Starr will be away on vacation for two (2)weeks, and a temporary director will fill in while she is away. Steve Erickson of Norse Environmental has been selected as the person to fill in. Mr. Erickson is a soil scientist, and knows what Boards of Health are looking for. The question was raised as to whether we pay him $100 per hour, or ask him to do it for a lower fee. If he gets a regular fee, there may be an extra cost to homeowner. Lot 13C Duncan Drive Plans are approved for anew house. Owner wanted a well in 2001. There is a letter in the file from Oct. 2001 stating that there will be water service in the future. According to Ms. Starr, this area is a problem because of serious ground contamination years ago. Byproducts from a car upholstery place that had dumped illegally, and a former piggery were around the site. The combination of these two items created problems with the groundwater. The Board of Health will not issue a well permit for this site, as Town water is available. Motion Mr. Markey made a motion to install a water line to hookup. The motion was seconded by Ms. Barczak. Ms. Starr will do a study to see which other residents are on wells from that area, and issue an order to hook up to town water. Allarch 27,2003 North Andover Board of'HealthMeetingMinestes Page 3 of Present.. BOHMembers:Dr.Frank MacMillan,CherylBarczak,JonathanAlfarkey:BOHStafj:Sandra Starr Health Director, Deb Rillahan,Public Health Nurse;Pamela DelleChiaie,Secretary Absent. Brian LaGrasse,Health Inspector Old Business Ongoing Irrigation/Well moratorium The moratorium will remain active until the regulations are changed. This moratorium applies to all nonessential wells throughout the town, not just the watershed area. Housing update—383 Abbott Street The condition of this house was not significantly improved. The Board members will need to hear a report from Mr. LaGrasse, Health Inspector, when he is back from sick leave. Sign agreement—799 Dale St. All board members approved and signed to allow for the property to remain as is, and convert to the Town sewer within six months of becoming available, weather permitting. Discussion State budget and flu vaccine The state provides the Influenza Vaccine for seniors 65 years of age and older, which is how we do clinics. For non-seniors, the health department purchased the vaccine and charged $10 per person. The 2002 flu clinic brought in$10,000. The health department is getting cut by 20% for flu vaccine. This cut will probably bring the availability of the flu vaccine down by 40%. If local doctors are not going to purchase the vaccine, the health department will have to pick up. This will cost the health department more to buy than what we will get reimbursed. Discussion included possibly charging $12415 per shot. Report of trash truck violations in court Ms. Starr reports that Mr. LaGrasse was in court a full day. Almost all trash truck companies were required to pay the fines. Correspondence Skin Cancer grant—was not received due to cutbacks. GLSD Biosolids Drying Facility approval The first phase of the drying plant for pellets has begun. Mr. Markey states that he will review this. Environmentally, it is less waste. Memos concerning health personnel staffing Ms. Starr requested support from the Board of Health members to vote down the proposed cuts at Town meeting. Bio-Terrorism funding Twenty percent of the state money should be made available immediately. March 27,2003 North Andover Board ofHealth Meeting Minutes Page 4of5 Present: BOHMembers:Dr.Frank MacMillan,Cheryl Barczak,Jonathan Markey:BOH Staff.Sandra Starr Health Director, Deb Rillahan,Public Health Nurse;Pamela DelleChiaie,Secretary Absent: Brian LaGrasse,Health Inspector Meeting Adjournment The meeting was adjourned at 9:00 p.m. Respectfully Submitted, C L4. a — Cheryl Bar A Irl Clerk, NortMndover Board of Health March 27,2003 North Andover Board ofHealth Meeting Minutes Page 5 of 5 Present.- BOHMenibers:Dr.Frank MacMillan,CheqlBarczak,Jonathan Markey:BOH Sta)Y.-Sandra Starr Health Director, Deb Rillahan,Public Health Nurse;Pamela DelleChiaie,Secretary Absent: Brian LaGrasse,Health Inspector