HomeMy WebLinkAbout2015-06-25 Board of Health Minutes I
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North Andover Board of Health
Meeting Minutes 1
Thursday—.June 25, 2015.
7:00 p.m.
120 Main Street,2"d Floor Selectmen's Meeting Room
North Andover,MA 01845
Present: Thomas Trowbridge,Larry Fixler,Frank MacMillan,Joseph McCarthy,Susan Sawyer,Michele
Grant,Lisa Blackburn
1. CALL TO ORDER
The meeting was called to order at 7:00 pm.
IL PLEDGE OF ALLEGIANCE
III. PUBLIC HEARINGS
A public hearing was held to amend the current tobacco regulations to raise the minimum legal sales age to
buy tobacco and electronic cigarettes from age 18 to age 21.Properly advertised and licensed permit
holders were notified.Frank explained reason why moving age to 21 was proposed.
Motion made by Dr. MacMillan to open the public meeting,Mr.Fixler seconded the motion.
Dr. MacMillan provides explanation on the proposal to increase the purchasing age to 21 within the Town
of North Andover.
Move that we amend our town regulation and that it be amended as one item.
1. Remove the definition of the word"Minor"in section 2.16
2. In section 2.22 remove the number"18"and replace with"21".
3. Delete the title in Section 3 and insert the following"Tobacco and Nicotine Delivery Product Sales to
Persons Under the Age of 21 Prohibited"
4. In Section 3.1,remove the word"minor"and substitute it with the words"to persons under the age of
21."
5. In the last sentence of Section 3.2 remove"18"and insert "21"
6. In the first sentence of Section 3.3 remove"18"and insert"21"
7. In Section 10.1(a)remove"eighteen(1.8)"and insert"twenty-one(21)"
8. In Section 11.1(a)remove"eighteen(1.8)"and insert"twenty-one(21)"
Dr.Trowbridge opens up the floor to all persons present for discussion.Larry Fixler made statements
regarding the concerns of persons who feel raising the age to 21 would hurt armed service men.Mr. Fixler
notes that he believes that if asked,most service men and women would not object to methods that are
meant to keep tobacco out of the reach of the youth.Joe McCarthy voiced concern over your tobacco use
and listed various bits of morbidity and mortality data on second hand smoke and smokers. He believes it
will help limit the youth access to tobacco. He notes that many MA cities and towns have done this and is
2015 North Andover Board of Health Meeting Page 1 of 6
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
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surprised that the state of MA has not made this change already.He believes that it is something that should
be done and from a health and safety perspective it is a wise thing to do.
Ron Beauregard,Healthy Communities Tobacco Control Program,stated an editorial change in the
wording in item#2;should read 2.22 instead of 2.2.
Motion made by Dr. MacMillan to close the public hearing.Mr.Fixler seconded the motion.All were
in favor and the public hearing was closed.
Motion made by Dr. MacMillan to amend the regulation as previously stated in the record with the
editorial change pointed out by Ron Beauregard.Motion seconded by Mr. Fixler.All were in favor
and the motion was approved.
Dr. Trowbridge stated that the regulation will take effect on September 1,2015.Mr.Fixler asked Mr.
Beauregard if there will be new signage to reflect the change. Mr.Beauregard stated that new signs are
available through the state,but our local regulation has a combination sign so he will change our sign to
reflect the change.Ron also noted that language should be changed before signing to note only"as
amended"for the September 1 start date. Cheryl Sbarra,Counsel to the Association of Health Boards of
Massachusetts,approached the podium and addressed the board. She discussed the amendment and the
effective date. A discussion ensued regarding the pros for increasing the minimum legal sales age from 18
to 21.
IV. APPROVAL OF MINUTES
A. Meeting minutes from April 30,2015 and May 28,2015 were presented for signature.
Motion was made by Mr.Fixler to approve the April 30,2015 minutes.Motion was seconded by Dr.
MacMillan.All were in favor and the April minutes were approved.
Motion was made by Mr.Fixler to approve the May 28,2015 minutes.Motion was seconded by Dr.
MacMillan.All were in favor and the May minutes were approved.
V. NEW BUSINESS
A. 526 Winter Street—Vladimir Nemchenok,Merrimack Engineering,requesting:
1. A variance of Section 3,table 1, Setback Distance Table,in the local septic regulations to allow the
septic tank to be 50 feet from a wetland where 75 feet is required.
2. A local upgrade approval for use of a sieve analysis as a substitute for a perc test.
Mr.Nemchenok reviewed the requests for 526 Winter Street.A discussion ensued regarding the septic plan
and placement of the septic system.
Dan Ottenheimer,Mill River Consultant,gave his approval for the request.
Motion was made by Dr.MacMillan to approve the variance of Section 3,table 1,Setback Distance
Table,in the local septic regulations to allow the septic tank to be 50 feet from a wetland where 75
feet is required.Mr.McCarthy seconded the motion.All were in favor and motion was approved.
Motion was made by Dr. MacMillan to approve the local upgrade approval for use of a sieve analysis
as a substitute for a perc test. The motion was seconded by Mr.McCarthy,all were in favor and the
motion was approved.
B. 110 Farnum Street—Vladimir Nemchenok,Merrimack Engineering,requesting:
1.Local upgrade approval to allow the septic system to be 4 feet above ground water where 5 feet
is required for full compliance. (note:this item was added after the agenda was posted)
2. Set back from the Septic tank and pump tank to a wetland from 50' and 73'respectively where
75' is required
3. Set back from the SAS to wetland from 100'to 63'.
2015 North Andover Board of Health Meeting Page 2 of 6
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
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North Andover Board of Health I
Meeting Minutes
Thursday---tune 25, 201.5
7:00 p.m.
120 Main Street, 2°d Floor Selectmen's Meeting Room
North Andover, MA 01845
Mr.Nemchenok reviewed the requests for 110 Farnum St.as discussion ensued regarding the septic plan
and placement of the septic system.
Dan Ottenheimer,Mill River Consultant, discussed the wetland issues on the plan and stated that the first
plans did not show the wetlands.He stated that it should have been identified back in May when
Conservation Commission told Merrimack Engineering to look into it.Mill River also asked that the
wetlands be double checked.Revised plans were submitted and again Mill River asked Merrimack
Engineering to review with Conservation. Mr. Ottenheimer stated that this is not good engineering practice.
The wetlands were approximated and are now 100 ft. closer to where the septic system is proposed and
where Merrimack Engineering identified it previously.Last minute revised plans were presented this
afternoon. Procedure concerns.Engineering firm did not look into it.Met with Conservation at 2:15 and
presented plans received at 2:30 in afternoon. The new plans have not been evaluated yet by Mill River.
Dr.MacMillan stated that he is not comfortable in putting plans forward that hasn't been properly vetted
reviewed by town consultants. The engineer stated that he received the job in March and the snow made it
hard to find the wetlands.Mr.Fixler made similar statements,noting to the consultant has not had time to
review it. In response to Joe McCarthy's inquiry about the issue,Mr. Ottenheimer detailed that there was
plenty of time and he is not comfortable with it either,as it just arrived this afternoon and Mill River has
not reviewed it.Mr. Ottenheimer noted his frustration that this could have been avoided if the town's
advice had been heeded.Mr.McCarthy noted his concern regarding the position the homeowner's are put
in now. The members expressed their concern and noted that next time this should not come in last minute.
The homeowner chose to speak on his engineer's behalf regarding wetlands and changes to the plan.He
stated that the Engineer walked the whole property and identified them in back of property. He said the
other area wasn't obvious.It is"perfectly dry,but it has wetland plants". The only plan changed would be
to move pipe closer to the house and move further from wetland.
Motion was made by Dr.MacMillan to delegate authority to Dr.Trowbridge to approve the plans
following review by Mr.Ottenheimer if there are no unexpected findings,and after consultation with
our consultant.Motion was seconded by Mr.McCarthy; all were in favor.
Motion was made by Dr.MacMillan to approve the LUA to allow the septic system to be 4 feet above
ground water where 5 feet is required for full compliance and all other requests as listed on the plan,
pending Mill River's review.
• To reduce the setback from the septic tank to the wetland resource area from 75'to 50'
2015 North Andover Board of Health Meeting Page 3 of 6
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
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O To reduce the setback from the pump chamber to the wetland resource area fi•om 75' to 73'
• To reduce the setback from the soil absorption system to the wetland resource area from
® 100' to 63'
® To reduce the separation distance from the soil absorption system to the estimated seasonal high
ground water table from 5' to 4'
• To reduce the requirement of soil test pits in the area of the proposed leaching facility fi-om 2 test pits
to 1 test pit
The motion was seconded by Mr.McCarthy.All were in favor and motion was approved pending
Mill River's review.
Mr. Ottenheimer questioned Mr.Nemchenok about the size.Asking for 5ft instead of 4ft to reduce cost and
ground disturbance,however made the system bigger which causes disturbance. Area is 795 sq. ft. instead
of 595 sq. ft. Cost to the owner and the degree of variance would be less and rationalization for shorter
height would be justifiable without extra 200 sgft.Mr. Ottenheimer does not believe that they have justified
their reasoning for building larger than they need.Homeowner tried to explain the reason for this based on
topography. Dr.Trowbridge questioned whether adding fill could be utilized rather than making the system
bigger. The consultant felt the reasoning to make the field larger did not justify the board's approval of the
variance,but acknowledged it was the board's decision
C.70 Raleigh Tavern Lane-Vladimir Nemchenok,Merrimack Engineering,requesting:
WALK ON TO AGENDA REQUEST
1.Local upgrade approval to reduce the separation distance from the soil absorption system to the
estimated seasonal high ground water table fiom 4'to 3'.
2.To reduce the setback from the soil absorption system to the wetland resource area from 100'to 84'
Mr.Nemchenok reviewed the requests for 70 Raleigh Tavern Lane.A discussion ensued regarding the
septic plan and placement of the septic system.
Dan Ottenheimer,Mill River Consultant,explained the request for the reduction to the water table 4' to 3'.
Gave his explanation on why the requests are different on the two properties.He stated that rapidly flowing
soil needs to be 5' of separation. Silt/Clay soil only needs 4' separation. This allows for adequate treatment
of the effluent.
Dr.Trowbridge—Why is there another increased size of the field from 622 to 795 sq ft?This will increase
the cost to the homeowner an extra$1000 to$3000? Does the homeowner understand that they are paying
extra for a larger system than required?
Board members asked the homeowner,Walter Soule,if he understood about the additional money involved
in the plan. A discussion ensued regarding the additional cost to the septic plan and if the homeowner was
aware of the issue. The Board is making him aware and that this is something he can discuss with his
engineer. Mr. Soule thanked the Board for all their help.
Mr.Ottenheimer asks the question to Mr.Nemchenok of whether one could reduce the size and then reduce
the variance?Mr.Nemchenok did not offer any additional information.As background on this property,
Susan Sawyer explained the voluntary Title 5 that was done by the homeowner.A voluntary Title V
requires that no Title 5 report paperwork is submitted to the Health Department.Hence this was done
basically so an owner has additional time to replace the system.
Motion was made by Dr.MacMillan to approve the local upgrade approval to reduce the separation
distance from the soil absorption system to the estimated seasonal high ground water table from 4' to
3'.Motion seconded by Mr.McCarthy.All were in favor and the motion was approved.
Motion made by Dr.MacMillan to approve the reduction to the setback from the soil absorption
system to the wetland resource area from 100' to 84',Motion seconded by Larry.All were in favor
and the motion was approved.
2015 North Andover Board of Health Meeting Page 4 of 6
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
North Andover Board^n�^ ~^" ��mu""���� ^^��"^" �xHealth
Meeting Minutes
.mursday —Jmne 25, 2015
7:00 p.m.
12# Main Street,2uoFloor Selectmen's Meeting Room
North Andover, MA 0 1845
Dr.Trowbridge asked about the process of approving variances and local upgrades. Mr. 0ttcnbeiumgave
brief overview of guidelines nf Title 5.Discussion followed.
The homeowner fi-om I 10 Farnum St.gave her thoughts regarding the septic installation process. She stated
she felt that there were miscommunications in the process. Stated she did not receive the disapproval letter,
however k was noted that the disapproval letter was sent out Wthem.Ms. Grant said the disapproval letter
and final approval letter goes to both the homeowner and engineer as a standard procedure. However,Ms.
Grant stated that it is not common practice for the homeowner to deliver the septic paperwork as
Merrimack Engineering has their clients do, The engineering company usually does that. ltim the engineer
who should bu guiding the homeowner through the process.
VT. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION
A. Dr.Trowbridge discussed current septic regulations that need\o6e reviewed. Some regulations are not
being followed as they.Looking to take them out of the regulations.Maybe next month a discussion
can 6o had Co review the regulations which would require u public hearing.
D. Susan discussed the trash truck that went into the lake ot Flats Bridge in the morning. DBP, fire,police �
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responded. She and Michele met them.Emergency response team. Discussion ensued regarding the �
response to the situation.Robo call was sent out to the residents. If call not received,please add name �
to the list on the town's*ehaho.There was u minimal release of fuel.JKMHauling are responsible for �
the clean-up or anything else that might occur. Truck was permitted properly to come into town.INo �
fiueuwere issued by the Health Dept.regarding the permitting of the truck.Discussion ensued.Water �
treatment plant will increase testing for chemicals in the water.There will be a full investigation on the �
incident.
C. Dr.Trowbridge—discussion on heroin epidemic. Meeting tomorrow with youth services,fire,and
police to discuss what can be done.Discussion ensued regarding drug use among youth and addiction.
VII. CORRESPONDENCE/NEWSLETTERS
VIII. ADJOURNMENT
MOTION made by Dr. MacMillan to adjourn the meeting. Mr. McCarthy seconded the motion and all
were io favor.The meeting was adjourned ui8:48pm.
Prepared by:
Lisa Blackburn, Health Dept.Assistant |
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2015 North Andover Board ofHealth Meeting Page 5of 6
Board of Health Members: Thomas Trowbridge, 6 Fixler,Member/Clerk;Francis P.MacMillan,}r,
M.D.;Joseph McCarthy,Mrm6cr; Edwin Pease, Director; n6`,n
Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Lisa Blackburn,Health Department Assistant
Reviewed bv:
All Board of Health Members&Susan Sawyer, Health Director
Signed by: x
Larry Fix er, 1 of the Board Date Signed
2015 North Andover Board of Health Meeting Page 6 of 6
Board of Health Members: Thomas Trowbridge,DDS,MD,Chairman;Larry Fbder,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