Loading...
HomeMy WebLinkAbout2015-05-28 Board of Health Minutes I I 1 North Andover Board of Health Meeting Minutes 'l"bursda — Flay 2 , 201 7;001.m. I 120 Main Street,2nd Floor Selectmen's Meeting Room North Andover, MA 01845 Present:Thomas Trowbridge,Larry Fixler,Frank MacMillan,Joseph McCarthy,Susan Sawyer,Michele Grant,Lisa Blackburn L CALL TO ORDER The meeting was called to order at 7:00 pm. II. PLEDGE OF ALLEGIANCE III. PUBLIC HEARINGS IV. APPROVAL OF MINUTES A. Meeting minutes from April 30,2015 will be presented at the next BOH meeting. V. OLD BUSINESS VI. NEW BUSINESS A. 674 Turnpike St.—Jack Sullivan,Sullivan Engineering,represented the homeowner of 674 Turnpike Street.Mr. Sullivan started by giving background information on the property,the timeline of designing the new septic plan for the current failed septic system and soil testing.Problems with wetlands came up during soil testing and Mr. Sullivan had to attend two meetings with the Conservation. Since then,Conservation has reluctantly approved the plans due to there being no other feasible alternative.Although in compliance with all the state regulations,he explained that there are requests of four local upgrade approvals and two variances that are needed through the Health Department in order to approve the current septic plan: Local Upgrade Approvals Request: 1) To allow a three foot separation between the bottom of the infiltrator units and the seasonal high groundwater table(4 feet required) 2) A sieve analysis in lieu of field percolation test due to the amount of fill onsite and the high seasonal groundwater table 3) To allow a 16 foot setback from the building foundation to the soil absorption system(20 feet required) 4) To allow a 6 foot setback from the property line to the soil absorption system(10 feet required) Variances Request: 1) Setback distance from wetlands to septic tank(29 feet requested,75 feet required under local bylaw) 2) Setback distance from wetlands to soil absorption system(50 feet requested, 100 feet required under local bylaw,50 feet under Title 5) Mr.Fixler asked if town sewer is available and if so why not connect to town sewer.Mr.Sullivan explained the reasons why the Town of North Andover DPW is not allowing hook up to town sewer.A discussion ensued regarding the subject of alternative septic systems and the process.Dan Ottenheimer,Mill River Consultant,stated that there is a notice/statement that is placed on the deed if a home has a non-traditional septic system installed.He stated that there is 2015 North Andover Board of Health Meeting Page 1 of 3 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 also a contract in place with a company that does the preventative maintenance on a non-traditional septic system.Deed restrictions for a non-traditional septic system compared to deed restrictions on a bedroom count were discussed. Mr.Ottenheimer stated that due to the difficult site conditions,the septic design presented is a thoughtful approach to solve the problem. MOTION made by Mr.Fixler to approve the LUA requests as listed on the plans.Motion was seconded by Dr. MacMillan;all were in favor to approve the LUA's listed on the plans. MOTION made by Mr.Fixler to approve the variance requests as listed on the plans.Motion was seconded by Dr.MacMillan;all were in favor to approve the variance requests as listed on the plans. 1353 Salem Street—Mr.&Mrs.Green,homeowners of 1353 Salem Street were present.Dr.Trowbridge gave background information on the septic request.The homeowners did not submit their request in time to be on the May agenda however,they were welcomed to come in as a walk on to the agenda.Mr.Jeff Green,the current owner of 1353 Salem Street,stated that the current septic system failed and gave his timeline for applying for a new septic system.He explained where the failed septic system is currently located and where the placement of the new septic system will be. The request was for one local upgrade approval setback from the SAS to the street property line from 10 feet to 7 feet. Dr.MacMillan asked Mr.Ottenheimer to comment on the appropriateness of the request.Mr.Ottenheimer stated that new septic plans are prudent considering the site condition;however,procedural matters regarding notifying abutters may not have been followed in this case.The applicant or the engineer is required to notify the abutter which in this case is the Town of North Andover DPW. Dr.MacMillan stated that since the septic design approaches town property,the North Andover DPW would need to have been notified.He asked if the engineer had notified the DPW.Michele Grant,Public Health Inspector, stated that to her knowledge,they had not been notified. Dr.MacMillan stated that the DPW needs to be notified and that he would suggest approving the local upgrade with the condition that the DPW is notified and proof of notification is given the to the Health Department. Dr.Trowbridge stated that there is a 10 calendar day notification needed.As long as nothing is heard back from the DPW within those 10 calendar days,then the local upgrade will be approved.If there is a problem then the engineer will need to respond and the Board approval will be moot.The engineer will need to do the formal notification.Mr.Ottenheimer stated that the notification needs to be made by certified mail with the Health Department given notification of this. MOTION made by Dr.MacMillan to approve the local upgrade with the condition that the abutter,which is the North Andover DPW,be given notification.If there is no objection within the ten day window,the motion will be granted. VII. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION A. Ken Farbstein,MPP,public health advocate from the Tobacco 21 program approached the podium.Dr. Trowbridge stated that the night's information was for discussion only and no regulation change would take place. If wanted,the regulation change could take place as soon as next month's BOH meeting with proper notification. Dr.Trowbridge gave background information of the passing of the new tobacco regulations.Since passing the new regulations,there have been open conversations regarding considerations of the age 21 program.Dr. Trowbridge was approached by Dr.Hartman of Boston Children's Hospital.Dr.Hartman is the primary advocate of the age 21 program in Massachusetts.Mr.Farbstein discussed the trend to increase the minimum age for tobacco purchases within the Commonwealth.Mr.Farbstein stated his reasons why rising the purchasing age to 21 can protect underage smokers.Mr.McCarthy stated that the North Andover Tobacco regulations were just updated on February 2,2015.A discussion ensued regarding other cities and towns that have adopted raising the minimum age to 21,flavored tobacco,other establishments following CVS's decision to stop selling tobacco products,and e-cigarettes.Mr.Farbstein stated that so far there hasn't been a legal challenge.Dr.Trowbridge stated that perhaps a number of towns need to adopt the over 21 regulation before the State hits that tipping point where they will enact it at the state level. 2015 North Andover Board of Health Meeting Page 2 of 3 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 I I North Andover Board of Health Meeting Minutes 'I'liursday—May 2 ,201 ®00 pm. 120 Main Street,2"d Floor Selectmen's Meeting Room North Andover, MA 01845 Dr.Trowbridge suggested having a public hearing at the next BOH meeting which is June 25,2015 to consider amending the current regulation.Dr.Farbstein showed the Board an example of a template which can be used to update the regulations.Dr.Trowbridge stated that he will work with Ron Beauregard for the tobacco program to get the wording on amending the regulation.Susan Sawyer,Public Health Director,will contact all retailers that hold a tobacco permit in North Andover.Dr.MacMillan stated that the public hearing will only discuss the one subject of increasing the minimum age for tobacco purchases to 21.The rest of the approved regulation will not be discussed. I VIII. CORRESPONDENCE/NEWSLETTERS i IX. ADJOURNMENT MOTION made by Dr.MacMillan to adjourn the meeting.Mr.Fixler seconded the motion and all were in favor.The meeting was adjourned at 8:15 pm. Prepared by: Lisa Blackburn,Health Dept.Assistant Revieived bv: All Board of Health Members&Susan Sawyer, Health Director Signed ed by: ell Larry F' er, lVk of the B and Date Signed 2015 North Andover Board of Health Meeting Page 3 of 3 Board of Health Members: Thomas Trowbridge,DDS,MD,Chairman;Larry FixIer,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 I