Loading...
HomeMy WebLinkAbout2000 Oct Nov Dec BOH minutes BOARD OF HEALTH MINUTES October 30, 2000 Mr. Osgood called the meeting to order at 7:02 p.m. MEMBERS PRESENT: Gayton Osgood, Chairman; John S. Rizza, D.M.D., Member; Sandra Starr, Health Director. SWEETHEART PLASTICS Dennis Balmear of the Somerville Sweetheart Plastics plant spoke on behalf of Sweetheart Plastics. Bill Scott also spoke to explain that the Selectmen have a negotiating committee working on this project. The Selectmen wanted Sweetheart to come before the Board of Health and discuss the issues and have the Board write a letter to the Selectmen on what the Board of Health's concerns or opinions are regarding this issue. Mr. Osgood stated the Board of Health normally does not get involved with this but the Selectmen asked the Board to hear this matter. The Board is reviewing this as a courtesy to the Selectman. Mr. Balmear showed a video to explain the process of Sweetheart Plastics. The video explained the overview of the company. Mr. Osgood asked about the VOC emissions. The company is permitted to emit 24.9 tons of VOC's. The annual usage in 1999 was 9.6 tons in Somerville, MA. Jeff Coco from the LEPC also spoke on behalf of a citizens' group. After reading the statistics, he reported that all of the emissions have been extraordinarily low and has decided that Sweetheart is one of the better-run companies. Mr. Osgood stated from what he has heard at this meeting that there is no Board of Health regulations that apply to this company and does not see any reason for the Board of Health to get involved. A letter will be going out to the Selectmen stating the Board of Health sees no reason to get involved. FEE PROPOSAL Ms. Starr spoke regarding a fee proposal. What Ms. Starr is proposing for this permitting period, because it is too late for a hearing, is the way the new food code is interpreted. Instead of charging a fee for every operation, which is what the food code is about, she proposed that a fee be charged for the broader categories. A charge will be made for both Food Service and Retail Food if the establishment has these operations and so on. Anything over 20,000 square feet and up will be at the larger scale. Page Two Minutes of October 30, 2000 On a motion by Dr. Rizza, seconded by Gayton Osgood, the Board voted to charge for the broad categories for this year. MONITORING CONSULTANTS UPDATE Ms. Starr has only received a completed evaluation from Scott Emerson from NM who has felt that ARI has made a better proposal. Joan Kulash sent Ms. Starr her comments so far. APPROVAL OF MINUTES FOR SEPTEMBER 28 2000 On a motion by Dr. Rizza, seconded by Gayton Osgood, the Board voted to accept the minutes of September 28,2000. ADJOURNMENT: On a motion by Dr. Rizza, seconded by Gayton Osgood, the Board voted to adjourn at 7:50 p.m. John S. Rizza, DMD, Clerk BOARD OF HEALTH MINUTES November 9, 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 S. Rizza, D.M.D., Member; Sandra Starr, Health Director; Susan Ford, Health Inspector, Attorney Ken Kimmell, Town Council. BEAVER TRAPPING—DAVE RAND Ms. Starr updated the Board on what Mr. Rand wanted. Mr. Rand called and spoke to Ms. Ford on the new emergency regulation that authorizes the local Boards of Health to determine if there is a health hazard to property or septic systems or wells from beavers in the area. Mr. Rand sent in an application to the health department for an emergency permit to trap beavers and the application is in the form of the permit from fish and wildlife. Mr. Rand would like an inspection of his property to see if there is any damage done to his septic system. Ms. Starr pointed out in the back of the old regulations in Mr. Rand's file there is an old septic system inspection form, it was done in 1986. In 1995 Ms. Starr and Mike Howard, Conservation Agent at the time went out to Mr. Rand's property and looked around because there was illegal tampering with the beaver dams. Ms. Starr and Ms. Ford recently did go out to the property. There is a fairly large retention pond that Mr. Rand built. The septic system has failed. Mr. Rand believes there was one place where the beaver was building a dam and the water has backed up. Mr. Rand believes damage was done to septic system because of the beavers. Mr. Rand would like a special undated 10-day permit to trap the beavers and wait to date it until a special time. Mr. Osgood would like to go over all the information before making a decision. GLSD Attorney Ken Kimmel gave an update on what is going on with GLSD. On October 12, 2000 the Board voted to rescind their no vote and reopen a public comment period for a month. There have not been any comments except for one letter. Mr. Kimmell went back to court after the vote and wrote a letter to the judge and asked the judge not to rule on this case and give the Board time to finish this process. GLSD was very angry with this and very resistant to this approach and asked the judge to rule immediately and the judge didn't do either of those things. The judge held off and gave Attorney Kimmel time to file a new brief explaining why he thought the case was now moot or if it's something worth Page Two Minutes of November 9, 2000 deciding if the conditions should be upheld. GLSD is due to file a brief in response to that. The Board is appealing DEP's decision also. The Board thought the air quality permit for contract two facilities was inadequate but if the conditions that are before the board tonight and are executed by the Board and are upheld by the court we would have our own version of what we would want to be with the DEP permit and it might not be necessary to pursue the DEP appeal. This has to be thought through. The Board would like to give GLSD conditions they can live with. The intent for GLSD is to remove the Board of Health completely from any authority over the District. Attorney Kimmell also gave the Board a document that explains the basis for the conditions, why the Board is imposing them. The agreement required the Board to do that. Attorney Kimmell summarized the document. On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted on the final memorandum of understanding. The Board signed the final memorandum. The Board also signed second document. 644 SALEM STREET—SEWER TIE-IN Mr. Monihan, the homeowner, sent a letter to the Board requesting an additional six months before hooking up to sewer for the Board's regulations. On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted to give the homeowner an extra six months and advise him that if they wait it will cost $1000 more to tie-in. BEAUTY BOUTIQUE Ms. Ford spoke about the owners wanting to have a massage establishment in the upstairs part of building. There is only one bathroom located in the hairdresser's part of the building on the first floor. Ms. Ford went to the establishment to look over the location. There is no fire escape, no venting, no egress, etc. The Health Department denied their application and the owner is appealing it and would like to come before the Board to state their case. The Board didn't object to them coming before the Board. Page Three Minutes of November 9, 2000 FLU UPDATE Ms. Starr spoke and told the Board that the office received 200 doses from the state and the purchased 400 doses will be coming in soon. Another clinic will be scheduled. NORTHEAST CARTING Ms. Starr spoke regarding this issue. Ms. Starr took pictures. There is an ad that this company is advertising. Mr. Nicetta, the Building Commissioner wrote this company a letter stating they need to present their permits. Mr. Nicetta indicated that they are recycling. She believes this company has loads and is staying over night. They should not be staying over night. They are doing recycling and waste disposal. Mr. Osgood wants to be sure that this company is doing this. Ms. Starr is going to speak to Mr. Nicetta and find out for sure if this company is dumping on the ground and moving it the next day, which is illegal. Ms. Starr will keep the Board updated. DEROSA TRUCKING On October 22, 2000 Ms. Starr inspected DeRosa at 210 Holt Road. Since all gates were locked Ms. Starr observed the site from the street outside of the fence. There were at least six recycle trailers in the yard located behind trucks, one was designated Town of Westford. To the rear of the yard were stacked bales of waste, probably paper goods, which were at least four bales high or higher. There were three containers filled with aluminum goods. Ms. Starr had pictures. It is different than now than what Ms. Starr had seen before, it is obvious that they have changed their use to a transfer recycling operation. Mr. Nicetta, Building Commissioner, is giving them fourteen days for all their permits allowing them to do this. This company has never had a site assignment from the Board of Health. It looks like that would have to be done or they will have to be sued or shut down. ADOPT STATE AND FEDERAL FOOD CODE On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted to adopt the State and the 1999 Federal food code. Page Four Minutes of November 9, 2000 ADJOURNMENT: On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted to adjourn at 8:45 p.m. John S. Rizza, DMD, Clerk BOARD OF HEALTH MINUTES December 14, 2000 Mr. Osgood called the meeting to order at 7:10 p.m. MEMBERS PRESENT: Gayton Osgood, Chairman;Francis P. MacMillan,M.D., Member; John S. Rizza, D.M.D., Clerk; Sandra Starr, Health Director; Susan Ford, Health Inspector, Debra Rillahan, Town Nurse. 475 GREAT POND ROAD Ms. Starr spoke regarding Mr. Nassar, the homeowner at 475 Great Pond Road. Mr. Nassar informed Ms. Starr that it will cost him $30;000 to tie-in to sewer. His first quote was for $6000. He would like some help from the Board. After discussion it was stated that an extension had actually been given because sewers are not built during the winter because of the weather. In effect,Mr.Nassar has an extension until May 2001. The Board determined that Mr. Nassar must pull the sewer permit, get a signed contract for the work and a start date and submit copies of the paperwork to the Health Department as soon as possible. SEWER TIE-INFIXED INCOME AND GENERAL WAIVER Ms. Starr recommended granting the elderly who are on fixed incomes a general waiver for a time extension for sewer tie-in as long as they file a deed restriction saying that on transfer of the property the house will be tied into municipal sewer. The deed restriction must be on file with the Health Department. The Board agreed to that recommendation. POLICE—AIR QUALITY Ms. Starr gave the Board an outline of conditions at the Police Station. The report consists of Ms. Starr's report when she went to the Police Station. She also included several documents from air quality books about air pollution irritants. The Police Department did an air quality study around two years ago and very high carbon dioxide levels were found. Personnel also present the same symptoms that indicate a sick building, colds, sinus infections, headaches, frequent coughs, stinging eyes, etc. There is no ventilation in the building; everything is sealed up. Housekeeping is at a minimum, cleaning of toilets, dusting, vacuuming, etc. After a short discussion the Board agreed that a letter should be written to the Town Manager demanding that something be done. Page Two Minutes of December 14, 2000 APPROVAL OF MINUTES On a motion by Dr. Rizza, seconded by Dr. MacMillan a motion was made to accept October 30, 2000 and November 9, 2000 minutes. 203 DALE STREET The Timmons, homeowners of 203 Dale Street appeared before the Board regarding a housing issue. Ms. Ford was called to the dwelling on a complaint to do a housing inspection. There were about ten things that needed to be done. The owners of the property wanted to appear before the Board to modify the housing order. Ms. Ford did a reinspection today and there were a couple of outstanding items. There is a broken window that needs to be repaired. Ms. Timmons stated the window was broken by the tenant and feels the window should be fixed by the tenant. Mr. Osgood asked the owners if they are willing to fix the window. The owners stated the tenant would be charged to fix the window. Mr. Osgood said the Board couldn't get into whose fault it is that the window is broken. The homeowners stated the easiest way to fix the problem is to fix the window. The Board agreed. The homeowner will fix the window. PERSISTENT TOXINS IN MERRIMACK VALLEY—DURAND LETTER Joan Kulash wrote a letter to Secretary Bob Durand regarding toxins in the Merrimack Valley and would like the Board to sign it in support. Mr. Osgood does not want to sign the letter. Dr. MacMillan would like to sign the letter and support it with the intent but cannot jeopardize the Board's standing as an impartial law enforcing Board. Dr. Rizza would like to have Attorney Kimmell look at it. The Board would like to endorse it in spirit but agreed that as a Board, they cannot. They believe it would compromise their impartial status. MOSQUITO CONTROL During Town Meeting the Town voted to join the district to do mosquito surveillance in the spring. The amount of$15,000 was allocated in order to start work this spring. The total will be $70,000 per year. MRI/EVALUATION Ms. Starr spoke regarding the letter sent to Keith Kennedy stating that the evaluation committee determined that their proposal and their firm was most advantageous. Ms. Starr asked them to send a copy of their basic contract so Attorney Urbellis could take a Page Three Minutes of December 14, 2000 look at it and make comments. A meeting will be scheduled with Tech Environmental staff to firm up the scope. LOT 11 PHEASANT BROOK Plans for a new home on Lot 11 Pheasant Brook were submitted on the 271' of October 2000. They were asking for a two-bedroom house and the septic system consisted of one trench.The Town's septic regulations say you cannot have a single trench. Ms. Starr sent the entire package back with a letter explaining why it could not be approved and why the consultants wouldn't get the package. On December 11, 2000 the office received additional plans with a check from Phil Christiansen of Christiansen & Sergi. The letter stated they had changed the plan from a single trench to two trenches and his client would like to request a waiver as allowed under Title 5 for a two-bedroom house. He believes there is sufficient soil and that belief is supported by soil tests originally completed on this site. The Board questioned this. Ms. Starr explained that it is quite possible that a lot may look OK from original soil testing because only two holes are dug. The thing is, there has to be good soil over the entire area of the leach area, and that is where Lot 11 fails to meet requirements. There is some soil there, but not nearly enough for a leach area for any sized house — and none of it is undisturbed. She reminded the Board that the owners had blasted the area of the septic system. In his letter Mr. Christiansen asked to be put on January's agenda. Ms. Starr showed the Board the plans. She pointed out where test holes had been excavated and read the pertinent soil logs. The site is basically all rock. The lot does not have the required four feet of undisturbed soil. She showed the Board the reports and the letters from the outside consultant. Where there is soil it is within the 100-foot buffer to the vernal pool. The soil that exists is not in the area of the system. There is no undisturbed soil on this lot that is useable for a septic system. If they had sewer they could build which is why it is not an unbuildable lot. Based on all the information, the Board requested that Ms. Starr write a letter to the engineer and the property owner saying that the lot is not a suitable site for the location of an individual septic system and that it would be a waste of time to come before the Board again about this lot. RICHDALES—75 CHICKERING ROAD —TOBACCO FINE Kevin Sharpe the owner of Richdales sold tobacco to a minor. This is his second offense. A warning was issued after the first violation. Not only did he sell to a minor, but he allows his employees to smoke in the store; this has been verified by Healthy Communities. Page Four Minutes of December 14, 2000 155 GRANVILLE LANE A letter came in from the homeowner Dan Dumas. Ms. Starr spoke regarding the letter. The homeowner stated that he was told by his installer that he needed to pay more money for fill because of a personal relationship of another installer, a competitor, with the Town, meaning Ms. Ford. John Soucy, the installer, worked on the system and the homeowner sent Mr. Soucy final payment for title 5 work. A situation developed with John Soucy's work. The homeowner was not happy with John Soucy's work and wanted to address the problem further with the Health Department. Mr. Soucy added $950.00 to the original job contract price; when the homeowner questioned the amount, Mr. Soucy informed the homeowner the increase was due to the Town inspector's insistence on adding more material than the approved plan called for and consequently more labor costs. It was Mr. Soucy's statement that this extra material was not necessary and was the direct result of a personal relationship of the Health Department's inspector with another bidder for this job, ARCO Construction. Mr. Soucy was awarded the homeowner's job because of his lower bid. The homeowner wrote, "If this is truly the case then we feel the Town of North Andover should reimburse the $950.00 for unnecessary material and labor." Ms. Starr responded with a letter to the homeowner. Mr. Osgood asked Ms. Ford when Tom Sawyer from ARCO is working on a system does Ms. Ford inspect it? Ms. Starr replied she inspects or Karen Springer, one of our consultants, does. Mr. Osgood suggested that Ms. Ford write a letter to the Town Manager explaining the situation and that Ms. Ford should be on record with the Town Manager and the Town Clerk. Ms. Ford told the Board about the problems they have been having with John Soucy and his work. Mr. Soucy has already been fined once and warned about the quality of his work. BODY ART REGULATIONS Ms. Starr told the Board that she and Ms. Ford went to a seminar on body arts held because of the recent overturn of the law that prohibits tattooing in Massachusetts. She is hoping to update and amend the existing Body Piercing regulations to cover all body arts. Town regulations need to be in place by January 23, 2001 or the state regulations will have to be adopted. Ms. Starr would like to prohibit branding, scarification, and braiding. She received the Board's approval. ADJOURNMENT: On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted to adjourn at 8:30 p.m. John S. Rizza, DMD, Clerk