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HomeMy WebLinkAbout2014-11-20 Board of Health Minutes Y����� ��� Board^,�" �� �=����� "^��"� �xHea0h Meeting Minutes flitir8day—November 20, 2014 7:00 pan. 120 Main Street,2"" Floor Selectmen's Meeting Room North Andover, MA 01845 � Present: Thomas Trowbridge,LmrryF1xler,Frank MacMillan,Edwin Pease,Susan Sawyer,Lisa Blackburn i CALL TO ORDER | The meeting was called to order ut7:06pro l[ PLEDGE OF ALLEGIANCE DI. PUBLIC HEARINGS [V. APPROVAL OF MINUTES A. Meeting minutes from July, September and October 2014 were presented for signature. Motion was made by Mr.Fixler to approve the July minutes,the motion was seconded by Mr.Pease. All were io favor and the minutes were approved. Motion was made by Mr. Fixler to approve the September minutes,the motion was seconded by Mr. Pease.All were lo favor and the minutes were approved. Motion was made by Mr.Fixler to approve the October minutes,the motion was seconded by Mr. � � Pease.All were io favor and the minutes were approved. V. OLD BUSINESS A. 98 Lyman Road update—Ms.Rillahan,Public Health Nurse,updated the Board about the progress � that has been done so far at 98 Lyman Road. Ms.Rillahan stated that although the house is still � ob/Kcrcd'there has been progress.More work will be taking place during the woo6rud. The bua1 in the � house iy working which was the main concern.Although there is still no use of the shower,Uxxo is running water and naouhle mUoto.Bvoryuoo is bo|p6og and working towards getting the hmno into u condition that it can bo sold and finding the residents suitable housing, The owner,Mrs.Mallory,will remain iuu nursing home for now. Mrs. Sawyer stated that the Board had previously doennod tile home uninhabitable and Rob Dufresne requested more time to address the heating issues and clutter. She stated that although there are still unsanitary conditions in the home,the home is now habitable.A discussion ensued regarding the present condition of the home and reasons why one of the bathrooms is still unsanitary.Ms.Rillahan stated that the bathroom might need an outside company to come in to clean it properly. That bathroom is not being used but there is another working bathroom that the residents can use. Rob Dufi-oone'o VFW member uodG-icud of Mrs.Mallory,approached the podium to discuss the cleaning that has been done an far.The members of the VKYV are helping to facilitate the work that needs tohe done.Mr.Dufresne stated that the plumhiuQia the oo�nconcern uooCnom Bob Ton�r | ' ' | another VFVVnuun6o/approached�omand.Bepznv/dod more information un the plumbing issues. � 0o stated that work has been put on hold until there are more funds to continue with the work.Ms. � BjDuhmn asked if the funds ounuo from Mrs.Mallory for the work that has been done so far.Kdumhcro 2014 North Andover Board o[Health Meeting Page lnf4 Board of Health Members: Thomas Trowbridge,DDS,MD,Chairman;Larry FW,c .Mem6cr/Cleck;Francis P.MacMillan,Jr., M.D.;Joseph McCarthy,Mcobcz; Edwin Pease,Member Director; Dc6m Rillohou.Public Health Nurse;Michele Grant,Public Health Inspector;Lisa Blackburn,Health Department Assistant �i of the VFW confirmed that the money came fi-om Mrs.Mallory and the VFW members are waiting for Mrs. Mallory to receive her next check so they can help fix the plumbing issues to get the shower working. They are asking the Board for more time to fix the plumbing issues. There has been a lot of J progress but there is a lot more work involved than was previously anticipated. A discussion ensued J regarding the future sale of the home. Ms.Rillahan stressed that it's important for the Health Department and the VFW members to work together to help the homeowner and other residents living in the home.Dr.McMillan questioned what exactly was being requested from the Board members. Ms. 1 Rillahan stated that the request is for the Board members to lift the previous order that deemed the home uninhabitable.Mrs. Sawyer stated that a home can be habitable with unsanitary conditions present. As long as primary human needs are being met such as heat and hot water,the home can be habitable. The improvement of unsanitary conditions will be monitored by the Health Dept.team. Motion made by Mr.Pease to lift the current order deeming the home at 98 Lyman Rd. uninhabitable.Motion seconded by Mr. Fixler.All were in favor. B. Tobacco Regulation—The new Tobacco Regulation was presented for signatures from the Board. There were no objections to the vote already taken at a prior meeting, and the regulation was signed by the members. VI. NEW BUSINESS A. 143 Lacy Street/51 Hay Meadow Road-Request for an out of season subsurface disposal installation,to occur after November 30th,dependent on the weather. Mrs. Sawyer explained the North Andover Subsurface Disposal Regulations.November 151h is the last day septic installation permits are given out. She stated that out of season installations are only for existing systems that have failed and not for new construction installations.Although out of season permits can be issued for septic repairs,Ms. Sawyer explained why it's best that repairs are completed before the November 30th deadline.Robert Daigle,the septic installer for 143 Lacy Street and 51 Hay Meadow approached the podium.Mrs. Sawyer asked Mr. Daigle what his intended timeline was for getting both the systems in.Mr.Daigle stated that he intended on the work being done in about a week at 51 Hay Meadow and anticipates less time for 143 Lacy St.Mr.Fixler asked why the systems were being installed so late in the season.Mr. Daigle stated that his timing on when the permits were pulled prevented him from starting the jobs.Dr.Trowbridge asked Mrs. Sawyer what weather conditions could prevent the installation of the systems. Mrs. Sawyer explained the possible problems that bad weather could have on the installation of a septic system including the possibility of preventing the system from working properly. Mrs. Sawyer stated that she contacts anyone anticipating installing a system that the deadline for pulling the permit is getting close and encourages them to get the system in the ground before the deadline.The goal is to work together to prevent out of season installations and to provide the homeowners the best installation possible. It is important to have the commitment from the installers to see that the systems are installed before the November 30th deadline.Mr.Daigle assured the Board that the work will be done within his anticipated timeline.Mr.Pease asked Mrs. Sawyer how many systems Mr. Daigle has installed and his track record on the installations.Mrs. Sawyer stated that there had been some difficult installations that required additional inspections needing to be done.The Health Department is there to observe the installation of the system,having the best interest for the homeowner.Once the system is installed during an out of season installation, the Health Department will sign off on the paperwork and issue a COC only if the homeowners agree that the seeding will be done in the spring. (Note: The original agenda had the cutoff date for the out of season installation as December 30th. This was a typo as the correct cutoff date for out of season installation is November 30th This has been corrected in these minutes). Motion made by Dr.McMillan to approve the out of season installation for 143 Lacy St.Motion. seconded by Mr. Fixler.All were in favor. Motion made by Dr.McMillan to approve the out of season installation for 51 Hay Meadow Road.Motion seconded by Mr.Pease.All were in favor. B. 712 and 724 Sharpners Pond Road-Mitchell E.Weisman,Esquire,representing owners of 712 and 724 Sharpners Pond Road,requesting a variance resulting from a violation of 310 CMR 15.211 (1)(5), to allow an existing subsurface disposal system to be located outside the property it services. t Mrs. Sawyer explained the division of the lots of 712 and 724 Sharpners Pond Road using an aerial view printout from MIMAP and where the septic systems are located.The location of the septic tanks for 724 and 712 Sharpners Pond are both located in the backyard of 712 Sharpners Pond.Mrs. Sawyer explained that Title 5 inspections have been done recently on both addresses and both systems are currently in good working condition. The issue is that the owner of 724 Sharpners Pond is in non- compliance and doesn't have a septic system on his property. That requires that the Health Dept. grants 1 North Andover Board of Health Meeting Minutes ,rtiursday—l oveniber 20, 2014 7«00 p.m. 120 Main Street,2"d Floor Selectmen's Meeting Room North Andover, MA 01845 a variance to allow this.Mrs. Sawyer stated that this should have been asked for prior to the change of the lot lines in 1998. Atty. Weisman stated he represented the owners of 712 Sharpners Pond during the closing of the sale in 2010.At that time,they were unaware that their back yard belonged to owner of 724 Sharpness Pond and a portion of the front yard of 724 Sharpners Pond belonged to 712 Sharpners Pond.A land swap was done in 2009 and the property parcels were swapped.It was at that time that the septic system issue came up.A septic system leaching field easement was done in 2010 that stated the owners of 712 Sharpners Pond Road would give access to the owners of 724 Sharpners Pond Rd.to service their leaching field if necessary.Atty. Weisman stated that he was unaware that a variance was needed from the Health Dept. in order to grant the easement. Since 712 Sharpners Pond Rd. is up for sale,in order to sell the house,the variance is needed through the Board of Health to remove the violation.A discussion ensued regarding the new buyers and their understanding of the easement,how the leaching field area needed to be maintained and the future issue of what would happen if the septic system needed replacing.Mrs. Sawyer stated that her only concern regarding the easement is the phrase that says the site must be returned to its original state if replaced. This is something that can't be guaranteed.There should be an expectation that any system that will be replaced has to follow Title 5 rules. The replaced system could possibly be a raised system and might not be flat as it currently is. Also,even though 712 own the area,the system belongs to the other lot and they need to give the same care to the area,as they would do their own.Mrs. Sawyer suggested that it should be indicated in the variance that the owner of 712 Sharpners Pond Rd.could not alter the area by putting a permanent structure over the area,no gardens,bushes,etc. It is not a usable area. Atty.Weisman suggested that the BOH decision overrides anything in the easement. It was agreed that the Ruling of the Board of Health should be recorded in the record of deeds for both 712 and 724 Sharpners Pond Rd. Dr.Trowbridge asked the owner of 724 Sharpners Pond Rd. if he had any objections regarding the easement.He stated he had not objections to the variance but he did have concern that he didn't receive any notification from the Health Dept. stating he was not in compliance. Mrs. Sawyer stated that the letter that was sent to him was not returned back to the Health Department so it was considered delivered. The Board discussed the wording for the motion.The easement and decision from the BOH will be registered on both properties.Atty. Weisman noted that the decision needs to be a notarized document in order to be recorded properly. Motion made by Dr.McMillan for a variance to allow an existing subsurface disposal system to be located outside of the property it services with the condition that the variance be recorded with the Register of Deeds and with the stipulation that any repair or replacement must comply with the laws and regulation at that time of that repair or replacement.This variance applies to the property located at 724 Sharpners Pond Rd.and its easement with 712 Sharpners Pond Rd. Motion seconded by Mr.Pease.All were in favor. 2014 North Andover Board of Health Meeting Page 3 of 4 Board of Health Members: Thomas Trowbridge,DDS,MD,Chairman;Larry Fixler,Member/Clerk;Francis P.MacMillan,Jr., M.D.;Joseph McCarthy,Member; Edwin Pease,Member Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Lisa Blackburn,Health Department Assistant 1 i C. 2015 BOH Meeting Agenda—The 2015 Agenda was presented to the Board members i VII. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION A. Ebola discussion—Mrs. Sawyer stated that Deb Rillahan and Barry Sullivan of the FD are interested in holding a forum to discuss policy and procedures regarding Ebola and the handling of situations of other communicable disease.It was suggested that maybe during the January BOH meeting a discussion could be had to discuss proper procedures in helping work with EMS to protect one another. Dr. Trowbridge stated he will not be able to attend the January 2015 BOH meeting.A list of care facilities such as Ashland Farms,Doctors Express etc is being drafted.Dr. Trowbridge also stated that it would probably be a good idea to have a representative from a local hospital at that meeting. A discussion ensued regarding if the meeting should take place at one of the BOH meetings or if a separate forum should be had.A decision on what to do will be discussed at a later time. B. Permitting—Mrs. Sawyer discussed the current permit renewal season. So far there are 293 pending permits and 153 renewed permits have been submitted by the Health Departments requested date of Nov. 15"'.A discussion ensued on when the applications should be received and the penalties of a double fee if not paid in time.Mrs. Sawyer feels that the applications and payments should be received 30 days prior to the existing permit fi•om expiring.The penalty of a double fee should take effect on December I"as opposed to January 1St,Mrs. Sawyer also discussed the piloting of on line payments last year and how it didn't work and wasn't feasible. Only three businesses took advantage of on line payments.It was asked if food renewals could be done every two years as opposed to every year.Mrs. Sawyer will look into the regulation.Dr.McMillan also suggested that perhaps permits could run from March 1St to February 281h since the end of December is a busy time of the year.A discussion ensued regarding permit renewal due dates.Mrs. Sawyer will follow up on these suggestions. VIII. CORRESPONDENCE/NEWSLETTERS IX. ADJOURNMENT MOTION made by Dr.McMillan to adjourn the meeting.Mr.Fixler seconded the motion and all were in favor.The meeting was adjourned at 8:35 pm. Prepared by: Lisa Blackburn, Health Dept.Assistant Reviewed bv: All Board of Health Members&Susan Sarrryer, Health Director Signed bv: Larry Fi r Cle,. oft e Bo or Date Signed