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HomeMy WebLinkAbout1999 Aug Sept Oct Dec BOH minutes BOARD OF HEALTH MINUTES August 26, 1999 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,Heath Administrator, and Susan Ford, Health Inspector MERRIMACK COLLEGE VOLPE COMPLEX Bob Copla appeared representing Merrimack College ice rink concerning indoor air quality. Merrimack College is requesting a variance for CMR105 Section 675.006A(1)and(3). The reason for the variance is that the college does not operate a fossil fuel resurfacing equipment during weekend hours. The only fossil fuel equipment that they utilize is the ice edger (Zamboni). Testing is done once a day in the morning upon the opening of the building, instead of four hours before closing which is the recommendation from the state. The state told him to go before the Board and ask for a local variance. On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to grant the amended variances for Merrimack College Volpe Complex Ice Rink. 57 ESSEX STREET The Board of Health gave the property owner five years to tie in to the sewer. The.five years are up. Mr. Osgood would like a letter written to Mr. Leary requesting he tie in to the sewer. 263-265 JOHNSON STREET Mr. William Dufresne of Merrimack Engineering spoke regarding this property which is a duplex dwelling with a failed septic system. They have a replacement design with a trench system. The variance is requested for a local upgrade approval of depth to ground water, four feet to three feet. Ms. Starr and the consultant approve of the requested variance. On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to grant the variances for 263-265 Johnson Street. Page Two Minutes: August 26, 1999 598 SALEM STREET Mr. William Dufresne of Merrimack Engineering spoke requesting a local variance allowing a design for a three-bedroom dwelling instead of the minimum of four bedrooms. The Board granted the variance for a three bedroom. A note on the deed must be filed with a copy to the Board that the house is limited to a maximum of three bedrooms unless it is hooked into the municipal sewer system. Proof of this filing must be submitted to the Board before a Certificate of Compliance will be issued. A motion was made by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to grant the variances for 598 Salem Street. Mr. Dufresne wanted to come before the Board to discuss something that was independent from any plan, but a matter of discussion. Mr. Dufresne believes it will benefit the residents. It is regarding how the local upgrade approval process is handled. In many surrounding communities for a local upgrade approval, they are generally reviewed by the agent and approved by that staff member. Because of that it saves the homeowners both cost and time. By having someone come to the Board for local upgrade approvals it causes a delay, sometimes for a month. Mr. Dufresne would like the Board to consider the procedure that is used in North Andover. Mr. Osgood will take it under advisement and it will be brought up at the next Board of Health meeting in September. 230 ABBOTT STREET Mr. Ben Osgood, Jr. of New England Engineering spoke on behalf of the owner for variances requested for the repair of a septic system. Variances for a local upgrade approval to allow the reduction in the offset distance between the bottom of the leach bed and the water table from 4 feet required by Title 5•section 15.212 to 3 feet. Also a local Variance to allow the reduction in the offset distance between the leach field and the wetlands from 100 feet required to 52 feet. The system is located out in the back and it is failed. There is only one useable area. Ms. Starr does not have a problem with the requested variances. A motion was made by Dr. MacMillan, seconded by Dr. Rizza, the Board voted unanimously to grant the variances for 230 Abbott Street. Page Three Minutes: August 26, 1999 1 BRECKENRIDGE ROAD Mr. Ben Osgood, Jr. of New England Engineering spoke on behalf of the owner for variance requested for the repair of a failed septic system. The variance requested for a local upgrade approval to allow reduction in the offset distance between the bottom of the leach bed and the water table from the 4 feet required by Title 5 section 15.212 to 3 feet. This is in order to keep the system profile down, and keep the cost down. The water table they obtained is 2 feet; it's a very high mound, and they are raising it from elevation 104 to 108. It is a pump system. It is designed so that the highest point in the system is 3 feet above the water table but it does drop 2 feet in the length of the system. A motion was made by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to grant the variance for 1 Breckenridge Road. 15 FOREST STREET Mr. Ben Osgood, Jr. of New England Engineering spoke on behalf of the owner and explained the variances requested for the repair of a septic system. The requested variances are for Local Upgrade Approvals: 1. Reduction in the offset distance from the edge of the leach field to the property line from the IO feet required by the Title 5 Section 15.21 1 (1)to 7 feet. 2. Allow the reduction in the offset distance between the bottom of the leach bed and the water table from the 5 feet required by the Title 5 Section 15.212 to 4 feet. Local Variances: 1. Reduction in the offset distance between the edge of the leach field and the wetlands from 100 feet required to 70 feet. 2. Reduction in the leach field size from the minimum 900 square feet required to 600 square feet. 3. Allow the use of a poly barrier in lieu of a buried concrete wall for slope reduction. Two months ago Mr. Osgood came before the Board and requested variances for a Fast system which were approved. The plan was redesigned from Fast system because of maintenance issues, and owner feels it is not a proven technology and the permit does expire for these systems in the year 2001. The system was redesigned so therefore new variances need to be approved. The plan is designed for 4 bedrooms. A motion was made by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to grant the variances for 15 Forest Street. Page Four Minutes: August 26, 1999 227 BERRY STREET Mr. Ben Osgood, Jr. of New England Engineering spoke on behalf of the owner for Title 5 variances: 1. Reduction in the offset distance from the edge of the leach field to the property line from 10 feet required by Title 5 Section 15.211(I)to 9 feet. 2. Reduction in the offset distance between the bottom of the leach bed and the water table from the 4 feet required by Title 5 Section 15.212 to 3 feet. 3. Reduction in the offset distance from the edge of the leach field to the foundation from the 20 feet required by Title 5 Section 15.211(1)to 15 feet. 4. Reduction is the required depth of "C" layer soil from 4 inches required by Title 5 Section 15.240 to 42 inches. Local Variances: 1. Reduction in the offset distance between the edge of the leach field and the wetlands from 100 feet required to 50 feet. 2. Reduction in the leach field size from 900 square feet required to 666 square feet. 3. Allow the use of the poly barrier in lieu of a buried concrete wall for slope offset reduction. 4. Reduction in separation distance between the septic tank and wetlands from 75 feet required to 40 feet. 5. Allow a driveway to be installed over the system. Mr. Osgood, Jr. came before the Board on December 1998 and received approval for several variances and local bylaw variances. This hearing was advertised. The existing septic system goes over the line a couple of feet to the next lot. The owner finally decided he wanted to correct the problem. The owner wants to build and have a working system that passes Title 5 and a new well so he can sell the house. Currently the existing system in the spring is under water. The leach field will stay in the ground; the existing septic tank will be removed. The system will be disconnected so it cannot be used. The existing well is located inside the house and is less than 100 feet from his system and the proposed system. A new well will be relocated in the back. The system will come out to the front and partially under his driveway. The first four variances will also be submitted to DEP to get approval. Ms. Starr does not have a problem with the requested variances. The owners of Lot 52 Berry Street has concerns about water spilling over to her lot. Mi. Osgood, Jr. reassured the owner of the property that water will not go on her property because a swale will be constructed. If there is a problem the owner will make sure the problem is corrected. Mr. Stack, owner of Lot 3 Berry Street, is concerned about the environmental impact on the properties around it and the Page Five Minutes: August 26, 1999 hardship that is going to be caused on properties behind it. If the septic system is built in front, the other properties cannot get a well and systems in. Mr. Stack believes by N. Brunette having the system in the front of his property it will limit what abutters can do with their property. Mr. Gayton Osgood reassured everyone that this system would not impact their property. A motion was made by Dr. MacMillan, seconded by Dr. Rizza, the Board voted unanimously to grant the variances for 227 Berry Street with the stipulation that a pipe be installed if the swale does not function properly. 195 OLYMPIC LANE Mr. Ben Osgood, Jr. of Merrimack Engineering spoke for the owners requesting a variance for the repair of a septic system. The following variance requested is to allow the reduction in the offset distance between the bottom of the soil absorption system and the water table from the 5 feet required by Title 5 Section 15.212 to 4 feet. The existing system is a gravity system and Mr. Osgood would like to keep it as a gravity system and avoid a pump system. A motion was made by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to grant the variances for 195 Olympic Lane. 1779 GREAT POND ROAD Mr. Ben Osgood, Jr. of Merrimack Engineering requested variances for the repair of the septic system. The following Title 5 Variances are: 1. Reduction in the offset distance between a septic tank and a water supply from the 400'required by the Title 5 Section 15.21 1 (1)to 3 3 5'. 2. Reduction in the offset distance between a soil absorption system and a water supply from the 400'required by the Title 5 Section 15.211 (1) to 300'. 3. Reduction in the offset distance between the bottom of a soil absorption system and the groundwater from the 4' required by Title 5 Section 15.212(a) to 3'. Local Variances: 1. Reduction in the offset distance between a soil absorption system and a water supply from the 400'required to 300'. 2. Reduction in the soil absorption system size of 900 square feet required to 450 square feet (this is a 50%reduction). 3. Allow the use of a poly barrier in lieu of a concrete wall with a reduction in the slope requirements. Page 6 Minutes: August 26, 1999 The owner of the properties involved appeared before the Board in June, 1999. Mr. Desmond with others held an easement for a sewerline to be tied into French Farm. He offered to allow Mr. Sarre, owner of 1779 Great Pond Road, to use the utility easement, stating that a 6" pipe could be installed instead of a 3" pipe. Mr. Osgood, Jr. does not believe that the easement can legally be used by the Sarres. Mr. Osgood, Jr. would like to proceed with the necessary steps to get a septic plan approved as a back up plan. Mr. Osgood, Jr. will also go to DEP for approval of variances for a septic system. The variances were granted under the stipulation that before the system is constructed Mr. Osgood, Jr. will appear before the Board as to whether a sewer will be tied in first. A motion was made by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to grant the variances for 1779 Great Pond Road with a stipulation. MINUTES - on a motion by Dr. Rizza, seconded by Dr. MacMillan a motion was made to accept July 22, 1999 minutes. FOOD INSPECTIONS Mrs. Starr and Ms. Ford would like to hire someone for food inspections. Mr. Osgood would like Ms. Ford and Mrs. Starr to come back to the Board with a proposal. The Board supported the idea of having a consultant assist with food inspections. ADJOURNMENT: On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted to adjourn at 8:30. S. Rizza, DMD, er BOARD OF HEALTH MINUTES September 23, 1999 Mr. Osgood called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Gayton Osgood, Chairman, Francis P. MacMillan, M.D., Member, and Sandra Starr, Heath Administrator 135 RALEIGH TAVERN LANE Mr. Bill Dufresne of Merrimack Engineering spoke requesting four (4) variances for a repair of a septic system. 1. Local upgrade approval for setback of soil absorption system to foundation from 20 feet to 15 feet. 2. Local upgrade approval for separation from soil absorption system to estimated seasonal wetlands from 4 feet to 3 feet. 3. Local variance for distance from soil absorption system to wetlands from 100 feet to 80 feet. 4. Local variance to allow a 750 square foot leach field instead of the required 900 square feet. The property has been sold, it failed Title 5. Asking for local upgrade variances to be approved to pass Title 5. Mrs. Starr does not see any problems with the variances that Mr.Dufresne is requesting. On a motion by Dr. MacMillan, seconded by Mr. Osgood, the Board voted unanimously to grant the variances for 135 Raleigh Tavern Lane. 234 BRADFORD STREET Mr. Bill Dufresne of Merrimack Engineering spoke requesting a variance for a repair of a local upgrade approval for offset from the soil absorption system to the seasonal water table from 4 feet to 3 feet. This property is a rental property. The owner lives out of town and is preparing to sell the property. Mrs. Starr does not see any problems with the variance that Mr. Dufresne is requesting. Page Two Minutes: September 23, 1999 On a motion by Dr. MacMillan, seconded by Mr. Osgood, the Board voted unanimously to grant the variance for 234 Bradford Street. MINUTES - on a motion by Dr. MacMillan, seconded by Mr. Osgood a motion was made to accept August 26, 1999 minutes. MEDICARE REIMBURSEMENT PROPOSAL Mrs. Starr spoke regarding the renovation of the nurse's office. Right now we have $2,576.00; we need $800.00 more to reach the $3,500.00 needed for the renovation of the nurse's office. The electrical wires and telephone wires are in the nurse's office and by law the wires need to be accessible. We cannot leave the nurses office unlocked because of the syringes and drugs that are in the office. We would like to enlarge the nurse's office and leave the wires accessible. The Town Manager has agreed. The money will come from the reimbursements of the flu shots. On a motion by Dr. MacMillan, seconded by Mr. Osgood, the Board voted unanimously to grant the monies from the medicare reimbursements to be used for enlarging the nurses office. BILL HALL—DISCINPLINARY ACTION Two sites in town that Mr. Hall pulled permits for were being worked on by Nassar Jabour who is not licensed in town. Mr. Hall appeared before the Board and told the Board he was not on the sites because he was busy, but admitted to pulling the permits for Mr. Jabour to help him out. Mr. Osgood spoke to Mr. Hall about what he did was serious and disciplinary action should be taken. Dr. MacMillan asked Mr. Hall if he would use Nassar Jabour again, Mr. Hall's reply was he would not use him in No. Andover realizing Mr. Jabour is not licensed. On a motion by Dr. MacMillan, seconded by Mr. Osgood, the Board voted unanimously to suspend Mr. Bill Hall's license for one month. Page Three Minutes: September 23, 1999 i GRANTING OF LOCAL UPGRADES Discussion ensued about how the local upgrade approval process is handled. In many surrounding communities for a local upgrade approval, they are generally reviewed by the agent and approved by that staff member. Because of that it saves the homeowners both cost and time. By having someone come to the Board for local upgrade approvals it causes a delay, sometimes for a month. Mr. Dufresne would like the Board to consider the procedure that is used in North Andover. Mr. Osgood and Dr. MacMillan agreed to allow only Mrs. Starr to grant local upgrade approvals with discretion. On a motion by Dr. MacMillan, seconded by Mr. Osgood, the Board voted unanimously to allow Mrs. Starr the authority to grant local upgrades without having to go before the Board. FOOD INSPECTOR Mrs. Starr put an article on the web asking for people to send in resumes regarding hiring someone for food inspector. Ms. Ford will still be doing the inspections but another person is needed to allow her more time for other work. Before hiring the person Mrs. Starr will come before the Board with recommendations. JOB DESCRIPTION Mr. Osgood stated he thought the position of Health Administrator had already been created because of previous discussions with the Town Manager;however this was not the case. There was concern that if Ms. Starr left, the Board would be stuck with only an inspector, which is not what Ms. Starr is doing or what the Board needs. Mr. Osgood would like Ms. Starr to draft a letter giving a job description as a Health Administrator that the members can review. The letter will then be submitted to the Town Manager from Mr. Osgood and Dr. MacMillan. ADJOURNMENT: On a motion by Dr. MacMillan, seconded by Mr. Osgood, the Board voted to adjourn at 7:45. Jfil�n S. Rizza, DMD, Clerk BOARD OF HEALTH MINUTES October 28, 1999 Mr. Osgood called the meeting to order at 7:15 p.m. MEMBERS PRESENT: Gayton Osgood, Chairman, Francis P. MacMillan, M.D., Member, John Rizza, D.M.D., Member, Sandra Starr, Heath Administrator, Susan Ford, Health Inspector 383 SALEM STREET Mr. Ben Osgood, Jr. of N.E. Engineering spoke requesting two (2) local variances for a repair of a failed septic system. 1. Allow a septic system installation without a pretreatment unit in the watershed district. 2. Allow the use of a 20-mill poly barrier in lieu of a concrete wall for a 2:1 slope reduction. The system is a gravity system and will be replaced in the same area. The variance to reduce the slope is being requested because it would be a hardship for the owner to convert to a pump station. Mr. Osgood also pointed out that there are no wetlands on the property so consequently a pretreatment system would be overkill. On a motion by Dr. MacMillan, seconded by Mr. Osgood, the Board voted unanimously to grant the variances for 383 Salem Street. 105 WINTERGREEN DRIVE Mr. Ben Osgood, Jr. of N.E. Engineering spoke requesting two (2) local variances and two (2) local upgrades for a repair of a septic system. Local Upgrade Approvals: 1. Reduction in the offset distance between the bottom of the leach field and the water table from 5 feet required by Title 5 section 15.212(b)to 4 feet. 2. Reduction in the offset distance between the leach field and the foundation wall from the 20 feet required by Title 5 section 15.21 l(l) to 10 feet. Page Two Minutes: October 28, 1999 Local Variances Required: 1. Reduction in the offset distance between the leach field and the wetlands from 100 feet required to 50 feet. 2. Allow the use of a 20-mil poly barrier in lieu of a concrete wall for slope reduction. Mr. Osgood explained that there were several problems with this site. The existing leaching system was too small as designed and the homeowners did not maintain the system. The new loading rates require a larger leach area. The trenches are too low. The new system will be installed where the existing one is now. The existing system is trenches;the new system will be a leach field. Ms. Starr is concerned about the depth to ground water variance because it puts restrictions on the house. Under current regulations the owners cannot add on to the house if they have obtained this variance. Mr. Osgood, Jr. is going to speak to the owners about the decision. Discussions will be held between Ms. Starr and Mr. Osgood, Jr. regarding two of the variances. On a motion by Dr. MacMillan, seconded by Mr. Osgood, the Board voted to grant the variances for the distance to wetlands and the distance to the foundation for 105 Wintergreen Drive. REINSPECTION FEES Ms. Ford explained that the inspectors sometimes have to go out to do the same inspection many times because the installer calls before he is ready or they haven't done something right. She asked that the Board approve a fee for multiple inspections that would be charged for repeat inspections for the same thing or for ongoing complaints. On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted to approve a $50.00 fee for reinspections for the same thing for septic systems. LICENSES FOR RECREATIONAL CAMPS FOR CHILDREN A letter was received from the State about license fees for recreational camps. The Board reviewed the functions involved in an inspection. In order for the Board of Health to have more control over what fees are charged, the Town must accept Massachusetts General Law C. 40, s. 22F at town meeting. The Board agreed that Ms. Starr should check to see if this law has been accepted by the Town and if not, that it should be put on the warrant for the spring town meeting. Page Three Minutes: October 28, 1999 VARIANCES TO LOCAL SEPTIC REGULATIONS FOR REPAIRS Discussion ensued concerning the process required to get variances to local septic regulations. The variances involved are: 1. Minimum number of bedrooms and design flow for 440 gpd 2. Distance to wetlands 3. Use of poly-barrier instead of concrete wall 4. Minimum size of leach field 900 feet 5. Distances to drains Mr. Osgood stated that he believes that Ms. Starr should be able to approve all local septic variances except those concerning distances to wetlands from leach fields. Dr. MacMillan stated that he believed that Ms. Starr should be able to approve the entire list above, but should have applicants come to the Board if she has any concerns. Dr. Rizza agreed. On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted to authorize Ms. Starr as the approving authority for the local variances noted above in septic system repairs. APPROVAL OF MINUTES On a motion by Dr. MacMillan, seconded by Dr. Rizza a motion was made to accept September 23, 1999 minutes. ADJOURNMENT: On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted to adjourn at 7:50. ohn S. Rizza, DMD, lerk BOARD OF HEALTH MINUTES December 16, 1999 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 Administrator, Susan Ford, Health Inspector 146 OLYMPIC LANE The owner of the property spoke regarding the property and told the Board he was moving in April of 2000. The owner had Currier Septic come out and inspect the septic system for Title 5 and Currier told him the system has failed. The owner would like to have the system fixed but realizes the cut off date to do any soil testing has passed. The owner would like permission from the Board to do soil tests out of season and requested a variance to do this. Mr. Osgood explained that along with the fact that North Andover regulations have a cut off date, there are staffing reasons why doing soil tests out of season is a problem. He suggested that the engineering consultant do this testing, explaining to the homeowner that the fee would be a little higher if this is done. On a motion by Dr. MacMillan, seconded by Gayton Osgood, the Board voted unanimously to allow out of season soil tests to be done by the Board's consulting engineer. 46 BONNY LANE Ms. Starr updated the Board on the status of this property relative to a tie-in to the municipal sewer system. She stated that she had discussed the matter with Town Counsel and he recommended that another letter be sent certified to the owners and that it also be served by a police officer or a constable. She was notified by the police that the Farnums had moved but were still in town. There is a question about the ownership of the Bonny Lane property that must be answered. After some discussion, it was decided that any new owner must be notified of the necessity of immediately hooking up to.municipal sewer. If the Farnums currently own the property then litigation will proceed. On a motion by Dr. MacMillan, seconded by Gayton Osgood, the Board voted unanimously to proceed with litigation to require a tie-in to the municipal sewer system of 46 Bonny Lane if title to the property has not been transferred. Page Two Minutes: December 16, 1999 APPROVAL OF MINUTES On a motion by Dr. MacMillan, seconded by Gayton Osgood a motion was made to accept October 28, 1999 minutes. CORRECTION OF MINUTES 1601 Salem Street Some discrepancies were found in the meeting minutes of June 24, 1999 which resulted in a variance being omitted, the omission of a deed requirement and Salem Street being recorded as Sale Street. Corrections will change those minutes to read as follows: Ben Osgood, Jr. spoke on the following variances; requesting the use of a poly barrier in Neu of a concrete wall with a reduction in the slope and length of fill extension; requesting that the leach field be designed for 330 gallons in lieu of 440 gallons per day, and requesting a variance in the depth to groundwater from 4 feet to 3 feet. It was pointed out that because of the latter variance, if granted, there could not be an increase in the square footage of the house and that there would have to be a deed restriction filed. On a motion by Dr. MacMillan, seconded by Gayton Osgood, a motion was made to accept the revision of June 24, 1999 minutes. MERRIMACK COLLEGE TEMPORARY FOOD SERVICE Ms. Ford spoke regarding Merrimack College and the renovation of Gildea Hall. During the summer the renovation will be going on and for the summer the camps will have no where to sit and they would like a temporary kitchen in a tent outside in the parking lot, they want to rent grills etc. The temporary kitchen should be all equipped with what is needed. Merrimack College will be coming in with this proposal. Mr. Osgood does not have a problem as long as it can be done reasonably well. Dr. MacMillan would like Ms. Ford to be there when this is set up and monitor it. Mr. Osgood does not have a problem with the concept Mr. Osgood has a problem with the technicalities of the Board saying ok and the State stepping in and saying, what are you doing? Ms. Ford is concerned if the kitchen will not be ready by the time the fall semester starts for the college students. Mr. Osgood told Ms. Ford she could tell the people of Merrimack College that the Board does not have a problem with the concept of the proposal but believes the Board does not have the authority to do it, and recommended that Ms. Ford contact the State. Page Three Minutes: December 16, 1999 INTRODUCTION TO FOOD CONSULTANT Karen Springer was introduced to the Board as the new Food Consultant. Ms. Springer will be inspecting many of the Town's food establishments. Ms. Starr said there would be 40 to 50 restaurants Karen will be inspecting. 1591 OSGOOD STREET Ms. Starr reported that Chris Adams installed the grease trap but the plumbing inspector has not yet inspected the internal plumbing. There have been no plumbing permits pulled so, it looks as though the internal plumbing has not been done yet. Ms. Starr sent Mr. Adams a letter and is waiting to hear from the plumbing inspector before a Certificate of Compliance may be issued. Mr. Osgood is concerned because Mr. Adams wants to put a storage unit on his property and wants to be sure Mr. Adams does not put this storage unit over the septic system. SEWER TIE-INS A list was given to the Board on the houses that have sewer available and have not tied into the sewer. Ms. Starr told the Board there is some money in the Septic Fund to be able to help out one or two of the people on the list like the elderly folks, etc. Mr. Osgood would like to amend the regulations so that when these people try to sell their homes it would not pass inspection and they would have to tie-in to sewer. Dr. MacMillan believes the Board should go after these people who have not tied in to the sewer. Dr. MacMillan wants Town Counsel involved and a strict letter to be delivered to these people with penalties. Ms. Starr stated that if after these home owners do not respond then the Board would have to vote on litigation for the home owners who do not respond. At that point the Town Counsel will go to the Board of Selectman and they may or may not allow the Board to continue. Dr. MacMillan would like a letter to go out to the homeowners explaining what will possibly happen if they do not tie-in to the 'sewer. Mr. Osgood would also like to encumber their deed until they tie-in to the sewer. Ms. Starr was directed to find out what encumbering a deed would entail. BOARD OF HEALTH MEMBER DESIGNATED AS A HEALTH AGENT Ms. Starr reported on her discussion with a Attorney Marc Boutin concerning agent powers. The Health Agent has more authority than any single Board member does. Two Board members have more authority than any one Health Agent since they constitute a Page Four Minutes: December 16, 1999 majority that determines the legal body of the Board. The Board members would like to be designated as Health Agents at times of emergencies in case a Board member needs to go out for an emergency. On a motion by Dr. Rizza, seconded by Dr. MacMillan a motion was made to make the Board members temporary Health Agents if an emergency should arise and as an Agent the Board member who went out needs to notify another Board member within 48 hours of the incident of any action taken. ADJOURNMENT: On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted to adjourn at 8:15. Joh , , e