HomeMy WebLinkAbout2000 Jan Feb March April BOH Minutes BOARD OF HEALTH
MINUTES
January 27, 2000
Mr. Osgood called the meeting to order at 7:00 p.m.
MEMBERS PRESENT:
Gayton Osgood, Chairman, Francis P. MacMillan, M.D., Member, Sandra Starr, Heath
Director, Susan Ford, Health Inspector
EDGEWOOD POOL HOURS
Attorney Clifford Elias spoke on behalf of Edgewood Retirement Community. There is an
indoor swimming pool and Edgewood would like the Board to consider the possibility of
not requiring lifeguards; they believe there are a number of safe guards in place. The
residents are very concerned that if lifeguards are needed it will limit the time in the pool.
If the Board agrees to not having lifeguards the residents agreed to have other safe guards.
The residents agreed to a buddy system, they would have to sign out a key at the front
desk and pick up a lifeline, a simplex pull cord system, and a telephone. Edgewood is a
24-hour nursing facility required by law to know CPR. There is not a diving pool. Dr.
MacMillan asked if they had defibrillators available in case of drowning and believes they
are essential. Dr. MacMillan believes if a defibrillator were available he would feel more
secure. The response time if someone is in distress is about one minute to a minute and a
half from building to building. Mr. Osgood would like to leave this open until Edgewood
works with Ms. Ford to make sure the Board is comfortable with all the things that should
be in place. There was discussion of whether visitors and children should be allowed to
use the pool.
On a motion by Dr. MacMillan, seconded by Gayton Osgood, the Board voted to
approve the use of the pool without life guards but with the presence of trained
personnel backing up the system using the appropriate safe guards as already
outlined. No children under 16 shall use the pool or whirlpool.
222 RALEIGH TAVERN LANE
The homeowners are in the process of trying to sell their home and would like to start the
process of soil testing prior to March 1'. Kirk Fitzpatrick of Diversified Engineering
explained that a Botanist went out and checked the wetlands and he had met with
Conservation. The existing system is in the front yard and sits off the front corner of the
house. The engineer would like to do some exploratory soil testing in front of the system.
Page Two
Minutes: January 27, 2000
On a motion by Dr. MacMillan, seconded by Gayton Osgood, the Board voted to
allow Port Engineering to do the soil testing when the weather permits.
THREE AMIGO'S
Steven Captain left the meeting asking if he could come next month.
HEARING ON THE PROPOSED TRASH TRUCK ROUTES
Hearing began at 7:15
Attorney Kimmel spoke on behalf of the Town of North Andover. Attorney Kimmel
spoke on the findings of the truck routes and the draft regulations. When the facility was
constructed the impact report was to create a special access route and that never
happened. When the facility was given a site assignment by DEP, the Board of Selectmen
asked DEP to give them the authority to designate a route to be used to access the facility
and its pretty clear from the correspondence that the Selectmen felt that that was very
important. DEP gave their authorization for this. Shortly before the facility started to
operate the Selectmen did vote to designate a route which is the same route that is in the
draft regulations; this is Rte. 495 to the Rte. 125 connector and southbound on Rte. 125
to the facility. That was put into effect in 1985. It is clear that that route is not being
complied with. Last year the Town of North Andover and the City of Haverhill asked the
Merrimack Valley Planning Commission to do an analysis of the situation and gather data
and figure out what was going on. In the study there is approximately 256 truck trips per
day coming in and leaving. Of those 256 trucks there are approximately 129 are using the
designated route. There are 8 trash trucks coming from Haverhill, but there are 119
trucks that are using Rte. 125 and of those 119 about half are using it instead of Rte. 495.
About 30% are using local roads because they are near by, 14 % seem to be using roads
other than the designated route because of the eastbound route. The goal of the
regulations is to address the 56% of the trucks that are already on Rte. 93 or Rte. 495
who are getting off too early, and to address the eastern communities that will use the
highways instead of the local roads. Attorney Kimmel read the proposed regulations.
Mr. Osgood stated the Board of Health was not voting on it during this meeting, he
believes they are going to modify the regulations. There were some residents that stated
their concern. A truck driver spoke regarding the fees. Mr. Ben Osgood, Jr. spoke as to
the concerns of the residents and the trucks that come through the Town. Donna Leone
of the Haverhill Board of Health requested leaving this hearing open for written comments
for a period of time. She also spoke regarding her City's concerns. Mr. Osgood
suggested getting together with the Board of Health in North Andover and the Board of
Health in Haverhill to discuss the routes and fees, etc.
Hearing closed at 8:05 P.M.
Page Three
Minutes: January 27, 2000
PERMIT LATE FEE
Discussion ensued regarding the late fees of permits. Permit letters and applications were
sent out November 1, 1999. Establishments and businesses, which did not send their
application by December 31, 1999, are required by the regulations to pay a late fee.
Letters were sent to establishments and businesses regarding the late fee. The Board of
Health received several applications on January 4, 2000. The Board discussed the
possibility of mail being opened late because of the holidays. They believed that those
applications received immediately after the holidays should not be charged double but
anything later than January 4, 2000 would be charged.
On a motion by Dr. MacMillan, seconded by Gayton Osgood those permits
applications stamped January 4, 2000 by the Health Department will not be charged
double. Any applications received later than January 4, 2000 will be charged the
late fee.
POLICY AND FORM DISCUSSION FOR SEPTIC
Ms. Starr spoke regarding a change of policy and new forms. Because of the problems of
a particular contractor Mr. Scott, Director of Community Development suggested that
new forms be developed. These are the Installer Project Management Obligation Form,
and a complete inspection checklist. The Board reviewed these forms. The idea is when
the installer comes in before we issue the permit we go over the form and the installer will
sign it.
On a motion by Dr. MacMillan, seconded by Gayton Osgood, the Board voted to
approve the Installer Project Management Obligation form for use but not the
proposed checklist.
APPROVAL OF MINUTES
On a motion by Dr. MacMillan, seconded by Gayton Osgood a motion was made to
accept December 16, 1999 minutes.
NEXT MEETING
The Board voted to change the next meeting to February 17, 2000.
Page Four
Minutes: January 27, 2000
ADJOURNMENT:
On a motion by Dr. MacMillan, seconded by Gayton Osgood, the Board voted to
adjourn at 8:30.
n S. Rizza, DMD, Clerk
BOARD OF HEALTH
MINUTES
February 17, 2000
Mr. Osgood called the meeting to order at 7:00 p.m.
MEMBERS PRESENT:
Gayton Osgood, Chairman, Francis P. MacMillan, M.D., Member, John Rizza, D.M.D.,
Member, Sandra Starr, Heath Director, Susan Ford, Health Inspector
LISA LANE
Ms. Ford spoke regarding the cat problem at Lisa Lane. There are approximately 70 cats
on the property. There are no regulations regarding cats. Ms. Hoag, the property owner,
was there. Mr. & Mrs. Dawe and Mr. Nyman who are the neighbors making the
complaint were also there. Ms. Ford spoke of the ongoing problem of the cats and how
upset the neighbors are. Mr. Dawe believes there is a health issue. The cats are all over
the property and are spraying and defecating. Ms. Hoag,the property owner, spoke to the
neighbors and told them she would keep the cats indoors and is looking into electronic
fencing. Ms. Ford previously had contacted the MSPCA and both Ms. Ford and the
MSPCA officer went to the property and spoke to the owner to make sure the cats were
healthy and had their shots. Ms. Ford also spoke to the Town Veterinarian regarding this
issue. Mr. Nyman was upset with the Board of Health because he feels the Health
Department is protecting the cats and not the right of the property owners. It was
explained that the Board of Health has no legal authority to regulate cats. Mr. Nyman and
the Dawes are satisfied that Mrs. Hoag will take care of the problem but feel if the
problem starts up again the neighbors will want to come before the Board again. Mr.
Osgood stated that Mrs. Hoag can keep the cats within her property but if problems start
again than the Board of Health will take some action.
THREE AMIGO'S
Steven Captain, the owner of Three Amigo's, was present. Ms. Ford spoke regarding the
late fee that Mr. Captain refuses to pay for his food permit. A second letter went out to
any establishments that were late paying their permits. Mr. Captain came into the office
and wanted to pay the $150.00 and not the additional $ 150.00 late fee. Ms. Ford told
him of the late fee and Mr. Captain refused to pay the late fee. Mr. Captain stated he
never received the initial letter and only received the later one. Mr. Captain does not
agree with the late fee and says it is hard to pay because of his financial situation. Dr.
MacMillan stated because this is the first time Mr. Captain is late in paying his permit fee
that the Board will fine him$50.00 for being late.
Page Two
Minutes: February 17, 2000
On a motion by Dr. MacMillan, seconded by Dr. Rizza the Board voted to have
Three Amigo's pays a $50.00 fine for a late fee.
GREATER LAWRENCE SANITARY DISTRICT
Mr. Osgood spoke regarding the history of the Town and the GLSD, and stated that the
town would like to have something to say about how the plant is run. In the past there
were serious odor problems that took a long time and state intervention to work out.
This agreement attempts to address possible problems to make sure that things are being
done correctly. The Board has no desire to dictate how the plant is run, it just wants to be
sure that it is being run properly. Mr. Osgood asked Mr. Rick Hogan of the GLSD how
his recent board meeting went. Mr. Hogan stated that it went well and that the GLSD
Board is comfortable with the process as outlined in the agreement. At Mr. Osgood's
request, Mr. Hogan went on to explain to the Board how the new process will address
potential odor problems. The Board members asked many technical questions which Mr.
Hogan responded to, after which Mr. Osgood pointed out that nothing was being
approved or disapproved with the signing of the agreement. The Board will be receiving a
technical report from our consultant. This memo of agreement simply sets up the outline
of the process for the way things will be done. Mr. Hogan reported that the GLSD board
voted at their last meeting to sign the agreement. Mr. Osgood stated that the Board of
Health would rather work with the GLSD board than against it.
On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted to sign the
outline of the process.
WARRANT ARTICLE RATIFICATION
A warrant article was shown to the Board which allows the Board to charge a fee to
inspect summer camps. There is a state fee to charge $20.00 for an inspection but there is
so much to do when inspecting a summer camp a higher fee needs to be charged.
On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted to ratify the
wording of the warrant article.
EDGEWOOD UPDATE
Edgewood agreed with everything that the Board of Health requires. No Board action
required.
Page Three
Minutes: February 17, 2000
APPROVAL OF MINUTES
On a motion by Dr. MacMillan, seconded by Dr. Rizza a motion was made to accept
January 27, 2000 minutes.
ANIMAL INSPECTOR
Ms. Starr received a letter from the Board of Selectmen that it is time to recommend the
Town's animal inspector. Ms. Starr called Dr. Lindsay who is the temporary inspector for
the Town but he is away. Ms. Starr left word to see if he would become the permanent
Animal Inspector for the Town. She is waiting for Dr. Lindsay to get back to her. Ms.
Starr is waiting to see if Dr. Lindsay would be able to recommend someone if he does not
want the position. Mr. Osgood suggested Karen Crawford who also lives in Town, he
suggested asking her. Mr. Osgood also suggested calling Tufts and asking if there are any
vets who live in Town. Ms. Starr will contact Tufts, Ms. Crawford and wait to speak to
Dr. Lindsay.
FLU CLINIC PILOT
Ms. Starr spoke regarding the suggestion that the Public Health Nurse, Deb Rillahan, had.
She would like to have a flu clinic set up for the public next year. She would like to use
some of the medicare money to purchase vaccine. The regular clinics will be held as usual
and a public clinic will also be offered.
On a motion by Dr. Rizza, seconded by Dr. MacMillan a motion was made to direct
the nurse to create a proposal.
ADJOURNMENT:
On a motion by Dr. MacMillan, seconded by Gayton Osgood, the Board voted to
adjourn at 8:15.
John S. Rizza, DM D, Cler
BOARD OF HEALTH
MINUTES
March 23, 2000
Mr. Osgood called the meeting to order at 7:00 p.m.
MEMBERS PRESENT:
Gayton Osgood, Chairman, Francis P. MacMillan, M.D., Member, John Rizza, D.M.D.,
Member, Susan Ford, Health Inspector, Debra Rillahan, Public Health Nurse
770 BOXFORD STREET
Peter Breen would like an extension on his soil test. Ms. Ford spoke regarding the soil
tests extension, she thought the maximum extension was one year. Mr. Osgood allowed
Mr. Breen to have an extension for two years if possible.
On a motion by Dr. MacMillan, seconded by Mr. Osgood the Board voted to give
Mr. Breen the maximum allowable extension.
GREATER LAWRENCE SANITARY DISTRICT- MEMO SIGNING
Representing GLSD was Mr. Hogan. The original memo of understanding to start the
process was denied by the Selectmen and the Selectmen added to the agreement. The
agreement is turned back over to the Board of Health for another signing. Dr. Rizza
spoke regarding the previous memo signing. Dr. Rizza was upset at the fact that a new
memo was given to the Board of Health that is different from the previous one. The
Board discussed the previous agreement and Dr. Rizza liked the plan and signed the
agreement. Dr. Rizza stated the Board of Health has total control of stopping this dead in
the water if they want and Dr. Rizza doesn't care what the Board of Selectmen has to say.
Mr. Osgood said there is a state law for site assignment, but the Board of Selectmen said
there is not a law. Therefore the original agreement was a negotiating agreement in lieu
of the Boards site assignment, being it is not a true site assignment it falls outside of state
law, so the Selectman became involved. The Selectman set some limits to the new
agreement. Mr. Osgood stated the Board really doesn't have the authority to set our own
air quality standards; that is something that the state has to do. But when people from the
environment come in here they are going to say we do have that right. We have to protect
the citizens of the Town. Dr. Rizza would like the minutes to state, if the Selectmen
present another agreement, Dr. Rizza will not sign it. The Board would like to go to the
Quincy shipyard facility to check that plant.
Page Two
Minutes: March 23, 2000
On a motion by Dr. Rizza, seconded by Dr. MacMillan the Board voted to sign the
secondary agreement to start the process for GLSD.
94 GRANVILLE LANE
Ben Osgood, Jr. from New England Engineering spoke regarding 94 Granville Lane. He
is requesting several variances. It is an existing five bedroom house on the lot. There is
an existing pit system out in the back. The system was originally designed as trenches
when they built the house they converted over to pits. Now the pits are in total failure.
Everywhere they dug they could not find any soil. The area left of the driveway, there are
two pits and Mr. Osgood, Jr. designed a fast system. The fast system allows them to use a
depth of soil of 35 inches instead of 48 inches. The problem is that they are very limited
on the room they have. He would like a reduction in the size of the leach field from 2200
square feet to 777 square feet. Ms. Ford stated Ms. Starr wants a deed restriction. Mr.
Osgood, Jr. will be using a Wisconsin mound. The design must be approved by the State
Department of Environmental Protection.
On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted to grant the
variances provided Department of Environmental Protection approves the plans,
with a deed restriction to prohibit additional rooms.
FLU CLINIC
Deb Rillahan, Public Health Nurse spoke regarding the proposal for a flu clinic. The
people who are eligible for free state vaccine are people 50 years old and over or a high-
risk category. The state changed the age from 65 to 50. Deb would like to be able to
have an evening flu clinic and buy flu vaccine and offer it to the public age 18-50 years
old with a $10.00 fee. Deb believes offering it to the Town will be a great service to the
Town. She would like to purchase 200 doses of flu vaccine. It will be advertised and
worded specifically. If there are any doses left from the first clinic, a second one will be
provided.
On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted to buy 200
doses of flu vaccine with syringes and charge $10.00 per injection for people 18-50
years old.
Page Three
Minutes: March 23, 2000
EARLY INTERVENTION—FIRST LINK PROGRAM
Deb Rillahan, Public Health Nurse spoke regarding the First Link Program. First link
program is a program the state is starting. The state is looking for providers. The
program is targeting newborns and mothers who may be at risk. It would be sending
someone out to assess for any services they may need. Right now it is in 14 hospitals and
the only hospital in this area is Hale Hospital. Deb believes the Health Department meets
the criteria to do it. Deb explained that the Health Department provides a lot of services
for the elderly and we really are not that involved with younger families. The state will
reimburse $125.00 a visit; the visits will probably take about an hour, some paperwork.
Deb will be making referrals assessing the mother and the baby and referring them to WIC
program or appropriate referrals if needed. The state will be giving Deb the referrals.
On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted to start an
Early Intervention —First Link Program.
VAL'S & SAL'S RESTRAURANT
Ms. Ford spoke stating that Val's Sandwich Shop on Peters Street is closing. A new
owner will be taking over. Karen Springer, Food Consultant gave Sal's Pizza the best
inspection report she has ever done. Sal's would like to post it. Mr. Osgood would like a
letter sent from the Board of Health.
JASMINE RESTAURANT
Karen Springer, Food Consultant did an inspection at Jasmine's restaurant, went back for
a re-inspection and they still had violations. Ms. Ford went back to re-inspect and the
violations were still not corrected. Ms. Ford spoke to Ms. Starr regarding fines, and
wanted to remind the Board that it would fall under the non-criminal disposition act. The
fine can be up to $300.00. The Board agreed to give a fine of$50.00.
CAROL MURPHY—DPH'S RESPONSE
Carol Murphy wrote a letter to Environmental Health, Public Health, Cancer Registry, etc.
Ms. Starr spoke to Ms. Murphy regarding her letter and agrees Ms. Murphy does have
some good points and spoke also to the state. The state has no intention of doing any
further cancer study in this region at this time.
Page Four
Minutes: March 23, 2000
NEW FOOD CODE TRAINING
Ms. Ford spoke regarding the New Food Code that will be coming in September. Ms.
Starr and Ms. Ford have signed up for the training in May.
ETHAN ALLEN DUMPSTER
Ms. Ford spoke regarding the dumpsters at Ethan Allen& Wall's N All. They have three
dumpsters. There is illegal dumping going on there because it is right on the street,
everyone comes and dumps their garbage there. Ms. Ford spoke to them regarding the
matter and they told Ms. Ford they are going to fence it in. Ms. Ford is working with
them about the matter. If no resolution is found it will be brought back before the Board
next month.
APPROVAL OF MINUTES
On a motion by Dr. Rizza, seconded by Dr. MacMillan a motion was made to accept
February 17,2000 minutes.
SEWER TIE-IN LETTERS
Ms. Ford spoke regarding the sewer tie-in letters that are to go out to the people who
have not tied in. The Board read and made improvements then approved the letter.
LEAD CASE
Ms. Ford spoke regarding the lead case of the Thornton's. Ms. Ford gave the Board an
update of what has been going on and Tom Urbellis; Town Council is now involved. Ms.
Ford will keep the Board informed.
ADJOURNMENT:
On a motion by Dr. MacMillan, seconded by Gayton Osgood, the Board voted to
adjourn at 8:30.
P-
11
Joh izza, D ,
BOARD OF HEALTH
MINUTES
April 27, 2000
Mr. Osgood called the meeting to order at 7:00 p.m.
MEMBERS PRESENT:
Gayton Osgood, Chairman, Francis P. MacMillan, M.D., Member, John Rizza, D.M.D.,
Member, Sandra Starr, Health Director, Susan Ford, Health Inspector, Debra Rillahan,
Public Health Nurse
TRUCK TRAFFIC REGULATIONS
Attorney Kimmel spoke regarding the truck traffic regulations. We had a public hearing
two months ago. The Board of Health wanted to meet with the Board of Health from
Haverhill. Attorney Kimmel prepared a revised draft. The revisions are: Page two —
exempted communities are Peabody, Hamilton, Wenham and Manchester by the Sea,
Rowley. Also on page two — waste hauler to apply for permit. The permit is company
wide. The permit is allowed to transport solid waste through North Andover for disposal
at the MRI facility. The $500.00 fee is per waste hauling company, not per truck. Page
four — waste hauling companies transporting solid waste through North Andover for
disposal at the Ogden-Martin Facility. The $100.00 fee is per waste hauling company, not
per truck. Page six—If you are going to collect solid waste in a community that is exempt
you get a placard. You have to get a placard for the total number of trucks you need to
service those communities. The placards are transferable between any of the company
trucks. Page seven — The Haverhill Board of Health wanted communities like Boxford,
Georgetown and Rowley to be able to use Route 133 to Route 125. The Haverhill Board
of Health will be issuing regulations to be enforced. The NESWC folks wanted the
communities to the southeast, especially like Peabody, to be able to use Route 114 to
Route 495. Haverhill was interested in that too as a means of reducing some of their
traffic. The new version of the regulations allow Peabody, Hamilton, Wenham, and
Manchester-by-the-Sea to use that route if they so desire, and it allows other communities
to use that same route. Adding exempt communities means there would be a little more
traffic using the local roads. On the other hand, perhaps the ultimate outcome is to have a
more equitable arrangement. Mr. Osgood asked if anyone had any problems with this.
Haverhill Board of Health thinks it is very equitable. Mr. Osgood stated that when
Haverhill revises their regulations if they find there is a conflict with the Board of Health in
North Andover, the Board would work with them.
Page Two
Minutes of April 27, 2000
Ms. Starr said that she believes that at first some police presence would be necessary for a
certain amount of time. Ms. Starr also stated that there is a $100.00 fee annually for
trucks when they do pick up in North Andover. She would have to read the regulations
thoroughly to make sure the fees do not conflict. Mr. Osgood stated if necessary they
could always amend the regulations. Attorney Kimmell asked for the Board to vote on
this and instruct him to add some clarification to the language, adding another sentence to
the term of designated route.
Ms. Starr read a fax from Bill Cole of Waste Management. He wrote "On reviewing the
draft regulations we find them more favorable than last draft issued. Our main concern
again is the fees involved to administer and enforce the regulations. With the rising cost of
disposal and the situation of fuel prices changing daily, this is just another cost that we will
have to pass along to our customer base".
There is still some confusion concerning exempt and nonexempt trucks and the permits
required and not required. Sean Worster, Executive Director of Northeast Solid Waste
Committee, spoke regarding the regulations. NESWC circulated the regulations to their
Board members and wanted to comment on their reactions. This is not a formal NESWC
position. They have not addressed the fact whether they need to address this as a group
or not. The impact on twenty-one communities is different. Some of the communities
that come in from the north and east would like to have exemptions. Instead of using
Route 495 they would use Route 114 and Route 125. The second set of communities are
Wilmington, North Reading and Tewksbury Route 114 and Route 125 are the preferred
option for them.
Attorney Kimmell stated that technically the exemption is not written for North Reading,
but it would be of marginal impact. Mr. Osgood stated trucks could not go to Bertucci's
and take a right onto Route 125. Attorney Kimmell stated North Reading could be added
to the list that can use Route 114. Mr. Osgood stated if Wilmington does not agree they
are welcome to come before the Board.
On a motion by Dr. MacMillan, seconded by Dr. Rizza the Board voted
unanimously to approve the regulations with the amendments effective July 1, 2000
and prorate the fees for
the.first year.
Page Three
Minutes of April 27, 2000
REPETITIVE APPLICATIONS
Mr. Osgood spoke and stated this is to bring our regulations into conformance with other
Town Boards.
On a motion by Dr. Rizza, seconded by Dr. MacMillan the Board voted to adopt the
North Andover Board of Health regulations regarding repetitive applications.
GREATER LAWRENCE SANITARY DISTRICT
Attorney Kimmell spoke to the Board stating this is not a vote to approve these facilities
or not. We are in the beginning of the public hearing process. We have not yet received a
technical report; but the way the process was structured with the Greater Lawrence
Sanitary District they wanted to get a fairly quick ruling as to whether the Board thought
the project was so bad, so incapable of any kind of mitigation of conditions that it
represented a danger to public health and safety or a nuisance. The reason they want to
get the early ruling is there is not much of a point to sit down and negotiate the conditions
if you believe that this can not go forward. In which case they will go to court. That vote
is to occur tonight. The Board is also to get a technical report from the Town's technical
advisors. That report will give the Board some technical bases to make that type of a
decision. The issue of air quality has become very complicated and the technical advisors
feel they haven't received all the information needed from GLSD. They haven't received
it in the form it was suppose to be in. One example is Lawrence meteorological data
should be used instead of Boston's because it represents the conditions here. So the
technical folks are not prepared to say right now whether they think the air emissions are
resolvable. They have studied the other issues of traffic, noise, and odor. They have
come to the conclusion that there isn't really any serious problem with respect to those
issues that couldn't be dealt with. We have asked GLSD to give the Board an extension
of time to deal with the air issue and GLSD has agreed to that. GLSD did ask with
respect to the other issues traffic, odors and noise whether Tech Environmental believe
they have established enough of a record already to conclude the facility should not be
denied on that basis. The Board may attach conditions to deal with odors or noise.
Attorney Kimmel believes the Board should, but not to deny it on that basis. The
technical consultants feel those issues are not so serious that they couldn't be resolved.
Indeed, there was some testimony at the hearing that at least the traffic and odors will be
improved rather than made worse. The Board has the right under this contract to say no
to the facility for those reasons, but if the Board wishes to exercise that right it needs to be
done tonight. Mr. Osgood stated that at the public hearing he did not hear any comments
about noise. People mentioned odor but the real issue was air quality. Dr. MacMillan said
Page Four
Minutes of April 27, 2000
i
the Board would have to deny the continuance tonight or approve it with the condition
that the air quality issue can not be approved until the technical data comes in.
Attorney Kimmell said all that has to be done tonight is to decide whether because of
noise, odors or traffic the Board thinks the project should be denied, reserving the right to
look at air after the technical advisor is finished, and further reserving the right that even if
odors is not a reason to deny the project, the Board will still have the right under this
contract to issue conditions. The Board will give up their right to say no under any
circumstances because of odors. All that has to be done is to pursue a denial based on
those issues, reserving your rights to deal with all the other issues at future public
hearings. The Board does not have a problem with traffic or noise. Attorney Kimmell
wanted to remind the Board that the initial Memorandum of Understanding that the Board
agreed to has an odor standard in it that is strict. What needs to happen is that it needs to
be measurable. What happens when people call in with complaints? It's not like the
Board's work would be done on that issue.
Dr. MacMillan feels that they're taking away the Board's ability to stop the project. If the
Board agrees tonight that the noise, traffic and odor are okay, the Board cannot go back
and say "let's reconsider this". Legally the Board cannot do that and it bothers him that
that is being pulled from the Board and that the Board cannot discuss the issue. Dr. Rizza
would like to pull the odor out. Dr. MacMillan stated that if the people are concerned
then the Board should be concerned about the quality of life in this area. One of the
concerns is odor, the other, emissions. Those are the major things. Dr. MacMillan does
not want to be put in a box by saying yes, odor is all right. He does not, know that.
Attorney Kimmell agreed with Dr. MacMillan that if he does not want to make that call on
odor then the Board is not forced to, but there could be an argument later. What if in a
month odor is a show stopper and the Board has to deny it because of that, GLSD may
come back and say that under the contract the Board only had until the 27`'' to make a
decision based on odor. We did not give you an extension on that issue, therefore you lost
ypur right. That is a possible thing they can do. Dr. MacMillan does not like that.
Attorney Kimmell said there is not much the Board can do about it. It may be more
palatable for the Board to run the risk that GLSD will say that then for the Board to affirm
now that the it is comfortable with the odor issue. GLSD wants a yes or no vote tonight;
the extension on air is fine. Mr. Osgood wants to say that odor and air quality are such
integral parts of the same problem that the Board does not feel they can split them up.
Attorney Kimmell feels that is a responsible decision. The Board voted on noise and
traffic. The Board wants to hear from the Fire Department themselves that they are
satisfied with fire safety.
Page Five
Minutes of April 27, 2000
On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board vote to approve
the noise and traffic proposal, withhold approval on the odor, air quality issues and
fire safety issues until approval comes from the fire department that they are
satisfied, and the technical report is reviewed.
300 - 303 CHESTNUT STREET
Mr. Willis is at the meeting on behalf of Mr. Carter who appeared before the Board
regarding the tie-in to the sewer. It would be an extremely expensive proposition to
connect. It is a long steep hill. Ms. Starr asked if there has been a Title V inspection of
the septic system and is it operating as it should? Mr. Carter stated he has a water well
that he draws his drinking water from in between the two septic systems. There are two
cottages, not houses, up there. He does not occupy them for a good deal of the time
because they are summerhouses and uninsulated. Ms. Starr asked about the well and if
Mr. Carter has access to Town water. Mr. Carter said he does have Town water but he
has no pressure. Ms. Starr suggested he get his well water tested. Mr. Carter would like
a variance to not tie-in to the sewer.
On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted to grant a
complete waiver to Mr. Cater to not tie-in to the sewer unless the property is going
to be subdivided.
22 RALEIGH TAVERN LANE
Bill Dufresne of Merrimack Engineering appeared before the Board to ask for a variance
for a pert test not to be performed and to use the new sieve analysis policy. Carlton
Brown of Port Engineering, Board of Health septic consultant was also present to advise
the Board. Bill Dufresne stated that this project was originally started by Diversified Civil
Engineering; they did some soil testing out there and were unable to perc the property.
Carlton Brown did the testing with them. It was done 2/10/2000. Since then Merrimack
Engineering has taken over the project. Based on their soil evaluations and the sieve
analysis they had done of the soil samples taken from the site, it came back as a class two
soil. The owner would like to go forward with the sale of his property. Ms. Starr stated
there are requirements that need to be met under the new policy. A good part of the
decision should be based on what the soil evaluator, who is Carlton Brown, tells you
about the site. Documentation that the percolation tests cannot be performed, and Ms.
Starr can verify that because they went out and the groundwater was too high. The soil
evaluator's determination whether those soils are uncompacted Qr compacted works in
Page Six
Minutes of April 27, 2000
conjunction with the performance in the particle size analysis by the soil lab. Under the
compacted soils Carlton Brown stated the soil in the C horizon was not firm in place.
When the backhoe scooped out soil and put it into the pile, it slumped down. Ms. Starr
spoke of the particle size distribution test report and it shows 7.7% clays and 20.2% fines
and the rest is sand and gravel. Carlton Brown stated it comes out to be sandy loam but it
very close to the loamy sand. Carlton observed sand with silt in it.
On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted to grant the
approval for a perc test not to be required. The owner needs to go to DEP for
approval of the variance.
1 PETERS STREET
The owners of the property did not come to the meeting. Owner does not have to tie-in
because she has extenuating circumstances. When the home is sold then a tie-in will be
necessary.
21 RUSSETT LANE
Ms. Ford spoke regarding the sewer tie-in. The owner is Mrs. Dion who sent the Board
of Health a letter from the engineer.. Ms. Ford followed up with Department of Public
Works. Mrs. Dion's house did get a stub but it would be an expensive pump. In the next
phase she will be given a stub for gravity feed. Mr. Osgood told Mrs. Dion not to worry
about it.
APPROVAL OF MINUTES
On a motion by Dr. MacMillan, seconded by Gayton Osgood a motion was made to
accept March 23, 2000 minutes.
1324 SALEM STREET
Mr. Ben Osgood, Jr. of New England Engineering came before the Board to discuss a
deed restriction. Mrs. Mottolo has a four-bedroom house; they received a permit from
Ms. Stan to finish one room in the attic, and they would like to finish another room for an
office. That brings them to five bedrooms under Title V. Title V has the clause that says
with a deed restriction the owners will occupy the house with four bedrooms and everyone
Page Seven
Minutes of April 27, 2000
is on notice and they can put on the additional room. Ms. Starr stated under Title V you
cannot add additional flow unless your septic system fully complies with current Title V.
Ben Osgood would like to know if they could do a deed restriction. The applicant may
design a system with design flows for a smaller number of bedrooms that are presumed in
this definition by granting to the approving authority a deed restriction limiting the number
of bedrooms to the smaller number. You could have what is considered a five-bedroom
house and restrict it to four. The restriction could read, the single-family residence could
contain no more than four bedrooms and that is a restriction. Ms. Starr stated the
communities in the North Shore meet monthly with DEP and this particular issue comes
up every single time, it is a bone of contention with all Health Agents because it has been
written like this; it causes a lot of trouble. We know how DEP feels about it because we
here about it every single month. If you are adding flow you have to meet Title V. Even
in the Board's regulations it is stated that we look at all rooms a certain way and the
Health Department has the right to do that. Mr. Osgood stated we have a family in Town
who wants to stay in Town and in order to stay in Town they have to do something and
we are saying to them because of the way a regulation is written and we consider flow the
same as bedrooms you have to move. Ben Osgood said Ms. Starr did the calculations and
they eliminated a bedroom on the second floor to be a stairway and replaced it with a
bedroom upstairs and that was allowed. Now they would like to build an office. Ben
Osgood that if the owner of the property decides to move out, it needs to be placed on the
deed restriction that the house can not be used as four bedrooms and the owners will
replace the system for a five bedroom home. The restriction must be recorded, proof of
recording to the Board of Health before expansion could be allowed.
On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted to allow the
rooms to be adder#with a deed restriction stating that if the owners decide to sell
they need to upgrade the system to serve a five-bedroom house.
ALLOCATION,OF FUNDS
Ms. Starr asked the Board to vote to allocate $2500 from the health and safety benefit
account from MRI to be used to set up the web server facility. It is redesigning the area
where the electrical panel and cables are, separating where the nurse is creating a place for
the server.
On a motion-by Dr. Rizza, seconded by Dr. MacMillan, the Board voted to allocate
the funds.
Page Eight
Minutes of April 27, 2000
19 SECOND STREET
Ms. Starr asked the Board to vote to continue.with the court case concerning lead paint if
the Health Department cannot resolve it.
On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted to continue
with the court case.
MERRIMACK COLLEGE CRITIQUE
Ms. Starr spoke regarding the incident on April 28, 2000. The final count was 700
students and staff who got sick. There were a number of things that were done right and
there were a few things that were not done right. One of the things that were not done
right that night was that Dr. MacMillan as the Board doctor should have been called. Dr.
MacMillan wondered why he was not called. Mr. Osgood did not call Dr. MacMillan but
did call Ms. Starr. They talked about how efficient the Police and Fire Department was in
transporting the students. Merrimack College had physicians from the Lawrence General
Hospital, Dr. Iseke and Dr. Toriano. Ms. Starr did not know that it was not a one shot
deal and she called Deb Rillahan, Town Nurse because they said food outbreak. They
figured they would be sitting and asking kids what have you eaten in the last seventy-two
hours. When they drove up they saw every police and fire truck and ambulance. Dr.
Rizza was told that it was a few Merrimack College kids who were sick. Dr. MacMillan
asked if the diagnosis was determined. Ms. Starr stated it was the Norwalk Virus. Ms.
Starr told the Board how we started to do a critique about the way we functioned as a
department. We found we were buried in calls. Deb Rillahan, Town Nurse was at
Merrimack College, and Ms. Ford was doing a full food inspection at the school. They
did decide that anytime they come across this again they would do a HACCP only
inspection not a general one because that quote in the paper was taken from Ms. Ford's
report. A policy and a flow chart on who should be called, what role people should fill
will be created. Ms. Starr already spoke to the Town Manager about having a pool of
volunteers that could come in on an emergency in any department, like man the phones do
what needs to be done. We did go back that night and call DPH and spoke to Dr.
DiMaria and although we didn't basically know what we were doing because we haven't
done it before our instincts were sound. We received a lot of cooperation from everyone.
Our recommendations were all good, but there were a few things we could do better.
Page Nine
Minutes of April 27, 2000
Mr. Osgood stated that he believes when calls come in at night and they are complex Ms.
Starr really should be called at home.
ADJOURNMENT:
On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted to adjourn
at 9:30.
d . Rizzar UMD, Clerk
�i