HomeMy WebLinkAbout2003 April May June BOH Minutes North Andover Board of Health
Meeting Minutes
Thursday
April 24, 2003
7:00 p.m.
Department of Public Works
384 Osgood Street
North Andover, MA 01845
New Business
Variance hearing to 310 CMR 15.000 for 224 Summer St. —presented by Ben Osgood, Jr.
of New England Engineering
Mr. Osgood would like a variance granted for 224 Summer Street for a Sieve Analysis for
the leach field.
Motion
MT. Markey made a motion to approve, seconded by Ms. Barczak.
Sam's Mobil— Second Presentation
Issue of Tobacco suspension was brought up again, Ron Beauregard spoke for Health
Communities regarding Sam's Mobil and 2nd violation. A fee of$200 needs to be paid, and
license suspended for 7 days.
Motion
A motion was made by Mr. Markey and seconded by Ms. Barczak. The effective
suspension date will be determined after tobacco stocks are depleted.
Tobacco regulation update
Sections J1 and J4 need to be updated.
2003 BMPP for Mosquito Control 2003—Mosquito Control
Ms. Starr will try to get DPW staff certified to treat catch basins. The experts needed to do
larvae surveillance. Catch basins are 62% of mosquito source. Members will take home
information, review, and give recommendations.
701 Waverly Road
The air within the home has been tested, and is clean. The house is fit for human habitation.
The company, Carrier Corporation cleaned house with bleach and X14. Took wallboard and
paneling down, and was cleaned again. Mr. LaGrasse thinks that the home is habitable at
this time.
Motion
W. Markey motioned to make the house habitable. Ms. Barczak seconded the motion. The
homeowner was an 87 year old woman, who now lives in Marland Place.
April 24,2003-North Andover Board of Health Meeting Minutes Pagel of
Present:
BOH Members: Dr.Frank MacMillan4 Cheryl Barczak,Jonathan Markey;Boll Staff:Sandra Starr,Health Director;
Brian LaGrasse,Health Inspector,Debra Rillahan,Public Health Nurse, Pamela DelleChiaic,Secretary
Minutes of March 27,2003 meeting
Minutes were unanimously approved by all members
Town Meeting warrant articles
Reviewed and discussed between Board Members and Staff.
Old Business
Ongoing Irrigation/Well Moratorium
The moratorium can be lifted except for the Watershed District. There is no current
regulation. It needs to be created. The only regulation needed is to advertise Title V. Any
other regulation does not need to be advertised. Groundwater levels are fine per Mr.
LaGrasse.
Motion
Mr. Markey motioned to lift the moratorium. Ms. Barczak seconded the motion. All were
in favor.
383 Abbott Street—Updates
There has been no major progress. Cleaning companies and environmental companies have
been notified and will do testing. Mr. Wilbur Hyatt,the attorney, contacted Servpro. A
hygienist will be needed to determine types of mold and what work would be done. Mr.
Meech from Servpro, and Cachins and Associates out of North Reading will be going to the
house to evaluate and determine what needs to be done. Some of the floors and walls may
have to be reconstructed in the bathroom to replace damaged wood from water leaks. Mr.
LaGrasse wants to meet with Attorney Hyatt and see house before the next May meeting.
Discussion
SERF
Emergency preparedness meetings are scheduled weekly to discuss action to be taken in the
event of Smallpox epidemic or other disaster. Plans are ongoing, and Ms. Starr continues to
work on the proposed plan.
Updating on Trash Truck Permitting
Northside Carting at 210 Holt Rd. has 40 trucks based out of this facility. The owner, Jeff
Thompson claims it is too much money for him to pay to have all his trucks permitted. The
Town will continue to ticket trucks that are not permitted.
Wheelabrator Monitoring Plan Draft
All monies from trash trucks/solid waste permits and placards go into this account to allow
enforcement to continue. The original money stops after five years. This is the annual plan.
The contract requests to see if the Board of Health wishes to continue the contract. The
project was budgeted for Fiscal Years 2001 and 2002. Ms. Starr is confused about 2003 as
to whether this is an additional budget. This will need to be reviewed before Town meeting.
The Planning board takes in $25,000 for air quality monitoring, and this is expended by the
April 24,2003-North Andover Board of Health Meeting Minutes Page 2 of 3
Present:
BOH Members: Dr.Frank MacMillan,Cheryl Barczak,Jonathan Markey;BOH Staff:Sandra Starr,Health Director;
Brian LaGrasse,Health Inspector,Debra Rillahan,Public Health Nurse, Pamela DelleChiaie,Secretary
Board of Health. An amount of$25,000 is all that is allowed through contract extension
every June 25th. Ms. Starr proposes changing the reports to April annually so they are
received previous to Town meeting for review.
Tech Environmental Contract Extension
Board members need to take the proposed contract and review it. Tech Environmental
thinks that their monitoring plan is worth $30,000.
Correspondence
Memo to ZBA on Checkmate Development application
Ms. Starr will send a letter letting zoning know that if Checkmate continues with their plan
for a gentlemen's club, then the Board of Health will need to monitor anything health
related.
Proposed Temporary Dumpster Regulations
All were in favor of voting in temporary dumpster regulations as proposed, and have them
published in the newspaper.
Budget for Fiscal Year 2004
Dr. MacMillan is to sign letters prepared by Ms. Starr regarding lack of money for health
clinics. Vaccines are recommended, but not needed. Letters were signed and placed in the
original regulations file for future use These letters will need to be published as legal notices
when it is decided to use them.
Inspections -will be done for Food and Septic only. There will be no money for mileage
reimbursement.
Meeting Adjournment
The April 24, 2003 Board of Health meeting was adjourned at 8:30 p.m.
Respectfully Submitted,
Cheryl Barcz
Clerk, North tdover Boardof Health
April 24,2003-North Andover Board of Health Meeting Minutes Page 3 of 3
Present:
BOH Members: Dr.Frank MacMillan,Cheryl Barczak,Jonathan Markey;BOH Staff:Sandra Starr,Health Director;
Brian L.aGrasse,Health Inspector,Debra Rillahan,Public Health Nurse, Pamela DeileChiaie,Secretary
North Andover Board of health
Meeting Minutes
Thursday
May 22, 2003
7:00 p.m.
Department of Public Works
384 Osgood Street
North Andover, MA 01845
New Business
505 Forest Street—Extension due to septic issues
In August of 2002, the Town of North Andover and subdivision owners entered into a
settlement agreement to allow the driveway to go in. One of the parties pulled out of the
settlement agreement. The contractor is ready to do the work, but there are issues with the
driveway. This situation is still in the process of coming up with a settlement. Ms Starr
stated that a two (2)year extension would be okay due to the pending litigation. Court dates
are coming up. Attorney Urbelis needs to respond to be able to set the date.
Motion
Ms. Barczak motioned for a two (2)year extension. Mr. Markey seconded the motion.
All members were in favor
13C Duncan Drive
Howard Speicher, attorney for the Barbagallo's spoke. General plans for the septic system
were approved nearly two years ago. Additional approvals were obtained from other
departments as well. There has been an issue of not allowing the construction of a well.
The Conservation Commission denied the order of conditions twice, and they will not
approve additional wetlands crossing. Conservation is not convinced that there is
contamination of groundwater, as stated by the Board of Health during the March 2003
meeting. The Barbagallo's had their current well tested, and it was shown to be clean. A
request was made that the Board of Health issue a well permit. If the water does not test
properly after completion, the problem can be dealt with at that point. This testing should
include tests for high fecal count, chlorination works, etc. Dr. MacMillan asked about
utilities getting to the property. The utilities are currently underground. A common
driveway is necessary to get to the property. A new driveway was denied because it crosses
the wetlands. A need for another crossing under the existing driveway is apparent. Ms. Starr
is working on the existing well regulations. Ms. Barczak questioned the distance of wells.
Wells must be 100 feet and contain potable water. The state regulation is 25 feet. The
Town wants to make sure there is no cross contamination. These regulations are in place, as
new owners may change the connection and contaminate the well. If Town water is
available, a resident must tie in. Mr. Markey asked how close would the well be to
wetlands? All distances between well, septic, wetlands have been approved. Residents are
not allowed to cross wetlands to hook up to water.
May 22,2003 North Andover Board of Health Meeting Minutes Pagel of 3
Present: BOH Members: Dr.Frank MacMillan,Cheryl Barczak,Jonathan Markey;BOH Staff:Sandra Starr,Health Director,
Brian LaGrasse,Health Inspector,Pamela DelleChiaie,Secretary
Absent:
Debra Rillahan,Public Health Nurse
Motion:
Mr. Markey motioned to grant the well permit, and Ms. Barczak seconded the motion.
All board members were in favor.
Old Business
383 Abbott Street—Updates
Attorney Wilbur Hyatt spoke on Mr. Averka's behalf. Mr. Averka has just signed an
agreement to put money in escrow to make the repairs to the house. By next month, the
work should be fully in progress. Mr. LaGrasse had an issue with the timing of when the
work will actually begin. There was concern expressed regarding the sewer tie in. Mr.
LaGrasse requested that it be done immediately. This can be done in one day. Mr. Maynard
will take care of getting the sewer connection done. Attorney Hyatt will follow up with this
by Monday a.m., May 26, 2003.
78 B Jefferson Court—Ongoing Housing Issue
Mr. LaGrasse's next meeting with Ms. Sweeney is Tuesday, May 27, 2003. Mr. LaGrasse
will update the Board at the next meeting.
Discussion
Trash Trucks
A discussion ensued regarding issuing a fine of$1,000 a day if trash hauling companies
have not paid for their permits. A letter will need to go out within the next week and haulers
will be given a week or two to respond, to be due around July 1, 2003. Ms. Starr suggested
writing to the Lawrence Clerk about making trucks pay their fines. MRI gives all trash truck
companies the regulations every year, so all haulers should be aware of all the rules.
Before January lst of every year, the Planning Board gets $25,000 for Air Quality
Monitoring. Before June or July lit of every year, the town gets $25,000. Out of this,
$10,000 is for trash truck enforcement, and $15,000 is for public health and safety. This
arrangement is to end in 2005. Annually, the town gets an additional $50,000 that goes into
the general fund to offset tipping fees. The Town took three years worth of payments and
wants to give it to the high school nurse to do public health. Two nurses are provided to
care for the students, and one nurse is provided to do tobacco awareness. The staffing is not
worth $42,000. Lead nurse Katie Vozeolos from the Sargent School is on the Emergency
Task Force, and will be paid out of the Bio-terrorism grant that Ms Starr will hear more
about at tomorrow's grant meeting.
Beaver Issues
Beaver Solutions will be used to install beaver deceivers. The Town puts aside money to
hire these contractors. Long pipes are installed and go through dams. Beavers respond to
running water, and the sound from the pipes "deceives"them. A mesh material is then put
up so that the beavers cannot dam up the water.
May 22,2003 North Andover Board of Health Meeting Minutes tes Page 2 of 3
Present: BOH Members: Dr.Frank MacMillan,Cheryl Barczak,Jonathan Markey;BOH Staff:Sandra Stan,Health Director,
Brian LaGrasse,Health Inspector,Pamela DelleChiaie,Secretary
Absent:
Debra Fillahat-4 Public Health Nurse
Health Director's Schedule
Ms. Stan's upcoming schedule was reviewed for the remaining month of May 2003.
Adjournment
The May 22, 2003 Board of Health meeting was adjourned at: 8:20 p.m.
Respectfully Submitted,
Cheryl Bar A
Clerk, Nort Andover Board of Health
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May 22,2003 North Andover Board of Health Meeting Minutes Page 3 of 3
Present: BOH Members: Dr.Frank MacMillan,Cheryl Barczak,Jonathan Markey;BOH Staff:Sandra Starr,Health Director,
Brian LaGrasse,Health Inspector,Pamela DelleChiaie,Secretary
Absent:
Debra Rillahan,Public Health Nurse
North Andover Board of Health
Meeting Minutes 1
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Thursday r
June 19, 2003
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7:00 p.m. j
Department of Public Works
384 Osgood Street
North Andover,MA 01845
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New Business
Meeting Minutes Approval—April and May 2003
Meeting minutes were verbally approved. Formatting problems prevented signature. Minutes will be
forwarded to Cheryl Barczak for signature.
70 Oaks Drive-Order letter issued on June 10,2003,regarding removal of garbage disposal to Thomas
and Debra Ann Witt.
Mr.LaGrasse has not had a response from the homeowners to date. Mr.LaGrasse has a tank inspection
scheduled for Friday at 10:00 a.m.Once the tank passes inspection,Title V should change from Conditionally
Passes to Passes. At issue remains the removal of the garbage disposal. Mr.LaGrasse will follow up and
report at next scheduled meeting.
Lot 9 Windkist Farm Road—request for extension of soil tests. To be presented by John Hargreaves.
File was brought with the Lot information,however,Mr.Hargreaves was not present at the meeting to make a
presentation. Note: Mr.Hargreaves called on Friday morning,June 20,2003 and apologized for not being
present. Mr.Hargreaves requested to present at the next scheduled meeting on July 17`x,
Lots 2&3 Forest Street Extension -presented by Hancock Engineering—(Charlie Ogden)request for an
extension of deep observation holes performed an additional two years. Mr.Markey states that if more testing
is to be done,that the testing can affect the way the bed bottom accepts effluent. Therefore,it is not good to do
more testing. The testing should be allowed to have the extension if the site has not been altered. It was
recommended that Ms. Starr do a visual inspection after which she would write a letter to the engineer.In
essence,it is Mr.Markey's recommendation that the testing be allowed the extension if there has been no
alteration. If there has been alteration on the site,Ms. Starr will write a letter saying that new testing be done.
32 Olympic Lane—Mr.Bernie Kavanaugh to present a request for a variance on his septic system.
Letter and paperwork presented at the meeting by Mr.Kavanaugh. A site plan was also presented at the
meeting outlining the plans. Mr.Markey'stated that a variance cannot be granted unless the septic tank is
being repaired. Mr.Markey suggested obtaining approval from us,and then getting state approval for a Title V
variance.
Mr.Markey recommended obtaining a Title V inspection before anything else is pursued. Once the
Title V is complete,and results are received Ms.Starr will review the file from that point on,
458 Johnson Street—Letter received June 18,2003 requesting a hearing about the order letter received
re:sewer tie-in. Update presented by Brian LaGrasse.
Original letter was sent out in year of 2000. The septic system is not working.However,the cost is prohibitive
for the homeowners to tie into sewer. It was suggested that the Board of Health members could write a letter
to the Board of Selectman to waive the fee,and perhaps have the DPW dig a trench to enable the homeowners
to be compliant.
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Ms.Starr will prepare a letter for the chairperson to sign and present at the next Board of Selectmen
Meeting.
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Jnne 19,2003 North Andover Board ofHealth MeetingMimstes Page 1 of 3
fr, pre,sent• BOHMenabers:Dr.FrankMacMillan,Cheryl Barczak,Jonathan Markey;BOH Staff Sandra Starr,Health Director,
, '__n LaGrasse,Health Inspector,Debra Rillahan,Public Health Nurse,Pamela DelleChiaie,Secretary
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Northside Carting-request for a Permitting Fee Variance for'the trash hauling regulations—presents''
by Mr.Jeffrey Thomson.
The company's central office is located in North Andover. The company has a total of 35 trucks,and the %
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would be prohibitive for them to placard each truck. The cost would be$100 per truck in addition to the$� ,
application fee for a total cost of$4,000. They would like a variance to either not pay at all,or settle qn a flat '
fee. In addition,it is would be very difficult and time consuming for them to swap placards from vehicle to
vehicle,as they are based in North Andover,and come and go frequently. The Board of Health has never had
a variance request such as this before.
Mr.Markey moved to allow a flat fee of$1,500 if the regulations allow for it. Ms.Barczak seconded the
motion. Mr.LaGrasse will check the regulations to be sure that this is acceptable. Mr.LaGrasse will
notify Mr. Thomson of his findings. All members were in favor of this.
Old Business
Updates on 383 Abbott Street—presented by Brian LaGrasse
Mr. Averka has not been in touch with Attorney Hyatt in a few days. Bob Caehins is going to manage the
demolition project. It will cost around$50,000 for the demolition. Mr.Averka wants to get a prefabricated -i
house to put on lot. Ms, Starr stated that a letter should go out,saying that we want a permit to demolish
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within two weeks.
Mr.Markey made a motion to issue the order letter, Ms.Barczak seconded the motion. All members
were in favor.
The Board unanimously voted to issue additional special conditions to be added to the Order letters dated
February 25,2003 and February 28,2003,issued to the aforementioned property owners and subject property.
tIf the following conditions are not met in the time allotted,the Board of Health reserves the right to fully
enforce the original Order Letters and also the right to condemn the swelling in accordance with 105 CUR
410.831 (E). The Board of Health unanimously voted to table any action if the following conditions are met.
1. The property owners must have a received a demolition permit from the Building Department to
demolish the swelling by no later than July 4,2003. A copy of this permit must be submitted to the
Health Department.
2. The property owners must have the demolition completed by no later than July 17,2003.
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Discussion
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Letter dated April 29,2002 sent to Jon Whyman of Whyman Construction re: suspension of North An
f ' Septic Installer's License.
American:Red Cross Blood Drive Results-presented by Deb Rillahan %
r,i There was a good turnout. The goal was 50 pints,but there were only 43 pints re ceived out of 59 donors.
Sixteen(16)people were rejected. The American Red Cross does testing for SARS,on anyone who has
1 traveled,and hemocratic tests. Out of the 43 pints received,more will be rejected after additional testing. he
Board of Health usually sponsors two(2)blood drives per year.
� Charging for future vaccines—presented by Deb Rillahan
A meningitis clinic was held,and all 30 doses were used. The Board of Health made$25 per head,as we
charged$75,and the vaccine cost was$50 per dose. Ms.Rillahan suggested that we should have a nominal '
charge of$5.00 for other types of vaccines. Most of the vaccines that Ms.Rillahan gives are for Hepatitis B
for college. There is often a$10 co pay when one sees a private physician for these types of shots. The state
3; cut the Health Department off for TB tests(usually needed for substitute teachers and cafeteria workers). A
lcharge of$10 should be made as the Health Department will have to purchase this vaccine ahead of time.
All members were in favor of this proposal.
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June,19,2003 North Andover Board of Health Meeting Minutes page 00
Present: BOHMernbers:Dr.FrankllfacMillan,CherylBarczak,Jonathan Markey;BOHStaff:Sandra Starr,Health Director,
Brian LaGrasse,Health Inspector,Debra Rillahan,Public Health Nurse,Pamela DelleChiaie,Secretary
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pr,Ansel—presented by Deb Rillahan f
Last month,there was a varicella(chickenpox)outbreak in Andover. Dr. Ansel of Children Medical Center
refuses to vaccinate for chickenpox. Based on new state regulations,a local daycare center had to close down
for 11 days,and teachers had to be on paid leave for 11 days. All parents that worked,did not have childcare.
A question was posed as to whether the daycare requires this immunization. Dr.Ansel was responsible for two 1
of the children who contracted the chicken pox,and they passed it on to other children. This Dr.puts other f
people at risk. He also does not believe in the MMR vaccine. This Dr.also does not report any communicable
diseases,such as TB,which is against the law. Dr.MacMillan thinks the state should come down on Dr.
Ansel,and that he should be reported to the Board of Registration. Dr.MacMillan recommends sending a
letter to the DPH and report to the Board of Registration. The Town should not have the onus of policing Dr.
Ansel. Ms.Rillahan will follow up with this.
Updates of Trash Truck Permitting—presented by Brian LaGrasse
Starting July 1",trash trucks will be fined$1,000 if they are not licensed. A legal notice was published in the L
paper on June 13,2003.
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Copies of Request for Response for Title V was published in the paper as a Legal Notice. Ms Starr would
like to award the contract for July 1,2003. We also sent out about 10 faxed requests for information as well.
Meeting Change: The Board unanimously agreed to hold the next meeting on Thursday,July 170i,as Dr.
MacMillan will be away.
Correspondence
Letter dated May 28,2003 from the Massachusetts Department of Public Health,to Richard Hogan of
the Greater Lawrence Sanitary District(GLSD)re:Approval of Suitability
Letter reviewed by the Board
Meeting Adjournment
The June 19,2003 Board of Health meeting was adjourned at 8:06 p.m.
Ale==I �
Cheryl Barczad
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Clerk,North Andover Board of Health
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June 19,2003Not•thAndoverBoardofHealthMeetingM Page 3 of 3
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Present: BOHMembers:Dr.FrankMacMillan,Che rlBarczak,JdnathanMarkey;BOHStaff Sandra Starr,Health Director,
Bri LaGrasse,Health Inspector;Debra Rillahaii,Public Health Nurse,Pamela DelleChiaie,Secretary
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