Loading...
HomeMy WebLinkAbout11-19-02 Minutes Exec. Session_11-21-02 BOH Minutes BOARD OF HEALTH EXECUTIVE SESSION Meeting Minutes Tuesday, November 19, 2002 4:30 p.m. @ 27 Charles Street, North Andover, MA Present: Frank MacMillan,M.D.,Cheryl Barczak, Jonathan Markey, Sandra Starr,Health Director;Mark Rees,Town Manager;Rosemary Smedile,BOS Chairperson In open session,Dr.MacMillan made a motion that the Board of Health move into Executive Session to discuss pending litigation with Rocket Entertainment and that the Board not return to open meeting. Topic of Discussion: Mark Rees said the issue at hand is the lawsuit between the Town of North Andover and Rocket Entertainment and an appeal by Rocket Entertainment to the Zoning Board of Appeals' decision to deny their request for an adult entertainment business in the adult entertainment zone on Holt Road. Rocket Entertainment applied back in December 2000 and was denied in January 2001. This has been working its way through the court system ever since. No court date has been set as yet. Town Counsel had advised the Board of Selectmen that this discussion could take place in Executive Session. All are here to discuss various options to settle this lawsuit. The Town Manager was authorized by the Board of Selectmen to act as a conduit between the Board of Selectmen and the Board of Health on this matter. The lawsuit was enjoined to appeal the Board of Appeals' denial of an Adult Entertainment Facility. Property owner, Mr. Thomson, made comments that he would drop the adult entertainment application should he be granted a permit to build a transfer/recycling station, which is basically public record. Mark Rees provided the history of the lawsuit; Under the Town of North Andover zoning bylaws, in order to operate an adult entertainment zone within that specific zone you must apply for a special permit. There are requirements that the applicant must meet, such as adequate parking, lighting, traffic, etc. When Mr. Thomson applied for that special permit, it was denied because he did not provide enough information. We have been advised that the Thomsons may reapply in January with a more complete application. Mr. Thomson met with the Town Manager a month ago and reiterated his position on a transfer station preference. Dr. Macmillan stated that if the Town grants a transfer station, and someone else comes along and wants an adult entertainment establishment, we may have the same problems as now. How can this be prevented? Cheryl Barczak stated that she understands a lot of research has been done on this issue in the past. Selectwoman Rosemary Smedile stated she was not completely familiar with the site assignment process, thinks it is a dual responsibility between the state and the Board of Health for any site assignment. First step— DEP has to make a determination of necessity of a solid waste facility. Second—it goes to the local BOH, and that Board makes the determination of the site assignment (local issue). BOH Staff: Sandra Starr,Director,Brian Lagrasse,Health Inspector,Deb Rillahan,Public Health Nurse, Pamela DelleChiaie,BOH Secretary Board Members:Francis MacMillan,Jonathan Markey,Cheryl Barczak Dr. MacMillan stated that this is really a state-initiated issue. A court case was won in part because the judge determined the Town of North Andover was excessively burdened by the amount of refuse facilities in the region. Cheryl Barczak stated that she researched trash transfer stations and there are huge health risks. The risk consists of many trucks from different towns bringing outside waste from many different locations. It causes health risks, such as respiratory issues, as well as rats, etc. from having trash here. There are new technologies, but it is still a risk. Dr. MacMillan stated that the BOH decision was based on increased traffic; estimate would be 140 trips per day. Maybe traffic lights could be put in. There is a problem with 50% of the trash not being recyclable, so, the other half would go across the street. Scientific advisors pointed out that the Town is fighting against the increased burning burden and the resulting increased air contamination. The birds that gather around open trucks were a risk to the air flight patterns of landing planes; a flock of seagulls can interfere and cause accidents. The Town of North Andover has had its share of trash facilities and the Town shouldn't be overburdened by adding another trash facility. Mark Rees reiterated the history of the facility, which Mr. Thomson has described as a recycling operation. Under DEP requirements; if the Thomsons agree to recycle 85% of trash going in, they do not even need a site assignment. John Leeman, past selectman, proposed an agreement to dispose of 50% trash being taken offsite, up to 85% over period of time. The Thomsons would take over the Town of North Andover's recycling efforts from DPW. A flyer that came out last week said that the Thomsons would agree to not take municipal solid waste for five years. That was an older discussion from a few years ago. Cheryl Barczak commented that it would be overwhelming what Town of North Andover will be faced with. Mark Rees asked if the town would consider another application for a solid waste facility along the lines of what John Leeman discussed with them two years ago. Dr. MacMillan said that the Thomsons should start the whole process again with the state. Selectwoman Smedile said Mr. Thomson has plenty of seed money and is learning the club trade. She is concerned about adverse secondary effects of an adult entertainment establishment in Town. Jonathan Markey stated that he is not opposed to reconsidering an application for a trash transfer station, but only one that maximized recycling (85% +) and minimized a negative impact on the surrounding environment. Health Director Sandra Starr stated that there are funds that have been set aside in the MRI account to assist police in enforcing the trash truck routes. The Town would have to monitor what the Thomsons would ship across the street. Selectwoman Smedile again made the comment that the Thomsons own the property and have the right to develop it. Dr. MacMillan stated that the BOH will do what they are mandated to do by law—as they always have and will continue to do-from the perspective of protecting the public health. MEETING ADJOURNED AT 6:00 P.M. BOH Staff: Sandra Starr,Director,Brian Lagrasse,Health Inspector,Deb Rillahan,Public Health Nurse, Pamela DelleChiaie,BOH Secretary Board Members:Francis MacMillan,Jonathan Markey,Cheryl Barczak BOARD OF HEALTH Meeting Minutes THURSDAY, November 21, 2002 7:00 P.M. @ DPW 384 OSGOOD STREET North Andover, MA o1845 Present: Brian Lagrasse,Sandra Starr,Cheryl Barczak,Jonathan Markey,John Rizza, Pamela DelleChiaie NAPD Representatives:Lt.John Carney and Police Chief Richard Stanley New Business: • 7:15 p.m. —general discussion of the Trash Truck Regulations, as well as a question and answer period. Sandra spoke with Lt. John Carney confirming his receipt of the trash truck permit drafts. Affirmative. • Male resident—complained about emissions from trucks. BOH recommended calling the RMV with license number. BOH does not enforce emissions violations. • John Rizza, former BOH member, spoke of history regarding the trash routes. • Spokesman for G. Mello Disposal of Georgetown—will there be a public record of who purchases permits? Yes. All town records are of a public nature with the exception of disclosing a personal name or home address regarding confidential type issues. • Section V, Part E— Lt. Carney questions the clarity of violation or fine. BOH can issue change and publish change in newspaper. Jonathan Markey motioned to add a second offense fine of$500. First Offense$300, and third offense will be $1,000 per company (not per driver or particular truck). These fines will be cumulative over a set 24 month period. If company has already received a third offense fine, any fines thereafter would be $1000. Section IV, Part F relates to this. Violators having a problem with fees, may request a hearing before the BOH with a seven day response time. If issues are not resolved with the BOH, Lt. Carney suggested resolution via the District Court. • G. Mello Disposal Concern: Trucks occasionally coming in for Dumpster pickup and transfer to another location, i.e., pickup at Loft off of Route 125, and take Route 133 to bring back to Georgetown. Okay to use Route 133 by Lake Cochickewick? Per Lt. Carney and Chief Stanley, police will decide on a case by case basis. Old Business: • Ongoing Irrigation/Well moratorium—Board recommended that the moratorium be kept. Discussion: • Rodent Survey—Three streets with infestation. Received estimate of$5,000 to exterminate. There are 12-15 house lots that are significantly affected. With winter coming, it is desirable to keep rodents from going into resident homes. Discussed possible options to fund the extermination costs: Finance Committee or Health and Safety Benefits. Cheryl Barczak motioned and seconded by Jonathan Markey to petition the Health and Safety Benefit fund to pay for this. • Guidance on continuing housing issue— Recap of letter to a resident in town with ongoing health and safety issues at her condominium. Other residents continually complain. This situation has been ongoing for 20 years or so. The four conditions outlined have not been followed. Follow-up will be pursued to make sure that conditions are met, or consequences will be enforced. BOH Staff: Sandra Starr,Director,Brian Lagrasse,Health Inspector,Deb Rillahan, Public Health Nurse, Pamela DelleChiaie,BOH Secretary Board Members:Francis MacMillan,Jonathan Markey,Cheryl Barczak Correspondence: • Report from DEP on GLSD enhancements—The BOH presently has no jurisdiction over the GLSD based on the Supreme Court decision on this issue. BOH has been taken out of the loop officially. Therefore, the BOH, has aired resident concerns via letters attempting to get adequate responses to complaints and timelines for taking care of complaint issues. BOH recommends that concerned residents ban together and say that, for example the odors are a constant nuisance of intensity and duration (as opposed to off and on). Jonathan Markey cited Mass General Law # of"Continuance of Annoyance" to back this up. • Thea Fournier, resident of Main St. —advocated that the BOH back no sludge dispersement to any children's playing fields, or any area of public use, as this waste sludge has been known to cause Lou Gehrigs disease. • Dawn Crescitelli, resident of High Street—notes that Odors from the GLSD are especially noxious on Friday nights and weekends when the supervisor is not around, and the answering machine is only available. • Male resident—Can we ask for clarification of dates re: GLSD response to the DEP Nov. 13th letter? BOH again confirmed that the Supreme Court decision took the power away from the BOH to enforce timelines on any complaint issues. We can send letters expressing concerns, but that is all. Timeline for court resolution is uncertain. • E-mail concerning payment of bills dtd 11/5/02— no action—just an update/FYI. • Letter re: Integrated Pest Management Plan at N. Andover Country Club dtd. 11/15/02 from Julie Parrino—Sandra Starr expressed concern about the nitrates in the water from runoff at the country club. This has been a concern for years. BOH will review and discuss this and the other issues outlined, further at the next BOH meeting on December 19th Other Issues: (Not on agenda) Mark Cajiano, resident of Winter Street, expressed his opposition to any trash transfer facility on Holt Rd. Joan Kulash resident, mentioned that Particulate Matter#10 due to air pollution causes high levels of asthma in the Merrimack Valley area. Please do not compromise residents' health and safety as a bartering chip from any special interest groups against the strip club. Joan expressed her appreciation for the past work that Sandra Starr and the BOH did to advocate not allowing a trash transfer station on Holt Road years ago. Meeting was adjourned at 8:30 p.m. by Cheryl Barczak, acting chairperson for this evening. BOH Staff: Sandra Starr,Director,Brian Lagrasse,Health Inspector,Deb Rillahan,Public Health Nurse, Pamela DelleChiaie,BOH Secretary Board Members:Francis MacMillan,Jonathan Markey,Cheryl Barczak