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HomeMy WebLinkAbout1993-09-16 Board of Health Minutes BOARD OF HEALTH MINUTES SEPTEMBER 16, 1993 Dr. MacMillan called the meeting to order at 7 : 10 p.m. MEMBERS PRESENT: Francis P. MacMillan, M.D. , Chairman, Gayton Osgood, Bob Leyland, Environmental/Health Agent, and Sandra Starr, Health Agent. LOT #1 WATKINS WAY - VARIANCE REQUEST - DISTANCE TO WETLANDS: Merrimack Engineering request the following variances: Section 2. 13 Volume of sewage flow based on 110 gpd per bedroom, instead of 165 gpd per bedroom. Section 2. 14. 3 Proposed two trenches, with an area of 210 sq. ft. , instead of 500 sq. ft. Section 2. 14.4 Average daily flow of 330 gpd, instead of 660 gpd, for a single family dwelling. Section 2. 23 The separation between the "active" and "reserve" system of 3 ' instead of 4 ' minimum. Section 4. 18 Distance between leaching facility and: a) Wetland: 93 ' from "reserve" instead of 100 ' minimum Note that Middleton Regulations specify 100 ' minimum also, while Title V specifies 50 ' minimum. b) Street Drains: 25 ' instead of 100 ' minimum. Note that Middleton Regulations and Title V are compatible at 25 ' minimum. On a motion by Mr. Osgood, seconded by Dr. MacMillan, the Board voted unanimously to send a letter to the Middleton Board of Health asking them to send a letter stating they approve the above variances. The North Andover Board of Health will approve these variances contingent upon their approval. If the Middleton Board of Health wishes that the North Andover Board of Health not approve these variances, the Board will not. The Board will wait to give final approval until they hear from Middleton Board of Health. Page 2 Minutes: September 16, 1993 DUMPSTER REGULATION - REWORD MOTION TO READ "REPEAL FEE" INSTEAD OF "REPEAL REGULATION": A general discussion ensued in reference to dumpster permits and regulations. Mr. Leyland suggested trying a random inspection. Mr. Osgood stated that the paperwork was costing more than the Health Department was receiving for permit fees because of the follow-up correspondence trying to get the money that was due. Mr. Osgood mentioned that he has received a lot of complaints about dumpster regulations because people thought this was another unnecessary fee. Dr. MacMillan mentioned the revenue loss of $2 , 000 by not collecting the permit fee. Mrs. Starr suggested to start a pilot program for the upcoming year and if the applicant does not respond, a fine will be implemented. On a motion by Mr. Osgood, seconded by Dr. MacMillan, the Board voted unanimously to retain the current dumpster regulation and temporarily suspend permit and fee process. VARIANCE RE UEST - JOE BARBAGALLO - LOT #2 JOHNNYCAKE STREET: Mrs. Starr mentioned that the owners of the lot want to build a three bedroom house instead of a four bedroom house. Mr. Osgood suggested that someone should look at the house plans. Mrs. Starr stated that the Building Inspector will look at the house and verify that this should be three bedrooms. In addition, Mrs. Starr stated that before she signs off on any installers permit she would like to see a plan/layout of the house, and she also wants to see that this restriction has been recorded on the deed. On a motion by Mr. Osgood, seconded by Dr. MacMillan, the Board voted unanimously to tentatively approve this variance contingent upon Mrs. Starr reviewing the plans with the Building Inspector and that they both are completely satisfied that this is a three bedroom house. Also, to record this restriction on the deed. A letter will be sent to Joseph Barbagallo stating that if any of the above do not take place, the approval is null and void. APPROVAL OF MINUTES - 8/26/93: On a motion by Mr. Osgood, seconded by Dr. MacMillan, the Board voted unanimously to approve the minutes of 8/26/93 as written. Page 3 Minutes: September 16, 1993 REQUEST FOR GROUND WATER TESTING OUT OF SEASON - LOT #14 CANDLESTICK ROAD - JOHN SLAVIN PERSPECTIVE BUYER: Mr. Slavin, perspective buyer, spoke with the secretary and wanted to know if the Board would allow him to have a ground water testing out of season. All board members agreed that this is a very dry season. Mrs. Starr stated that she does not feel comfortable about doing a ground water testing because this is the driest we 've hit. Mrs. Starr stated that according to ground water reports this past month, August, there have been five (5) all time lows. The Board Members agreed that Mrs. Starr should wait until there is a little more rain. The Board directed Mrs. Starr to send Mr. Slavin a letter stating that the Board will not grant this variance until minimum of November. Mr. Osgood suggested that in the meantime, Mrs. Starr should take a look at the area. FLU CLINIC• The Board agreed to set the 1993 Flu Clinic dates as follows: Wednesday, October 13th, Wednesday, October 20th, and Wednesday, October 27th from 1 p.m. to 3 p.m. OIL COLLECTION: Mrs. Starr mentioned that about a month ago she met with Everett Penney, Andover Board of Health Administrator and the Department of Public Works to discuss the oil collection which is held every Saturday. North Andover is still collecting oil from Andover residents, and Mr. Perna, Director, Department of Public Works wanted a little support from Andover. Andover agreed to take the collection one Saturday a month. They also agree that everyone would be charged fifty (50) cents a gallon. The money collected is going to maintain the burner. Mr. Osgood stated that the money has to be deposited into the general fund and Mr. Perna should be aware of this. OLD BUSINESS• James Dizazzo, 118 Meadowview: Dr. MacMillan stated that he sent a letter to Mr. Dizazzo answering all his concerns regarding his neighbor' s septic system at 94 Morningside Court. Page 4 Minutes: September 16, 1993 GLSD Odor: Dr. MacMillan stated that he came down Sutton Street last Sunday night on his way over to Lawrence and he opened his car window and the smell was incredible. Dr. MacMillan was wondering what is going on during the weekends. He stated that this is an unacceptable problem and it certainly is a public health nuisance. Dr. MacMillan suggested that the Board do something, i. e. send a strong letter to Mr. George. Mr. Osgood mentioned that he often sees Mr. George. Mr. Osgood asked Mrs. Starr if Rick Fuller had an explanation? Mrs. Starr stated that when she called Rick Fuller he said that things have been getting so expensive he had to cut down on the odor of reducing chemicals to save money. Rick Fuller spoke with Donald George and told him to forget about the cost, just get odor down. Dr. MacMillan stated that the Board should not accept this and the Board should send a letter stating the Board is strongly opposed to this continuing problem especially on weekends. Mr. Osgood stated that the Board should ask Donald George, "what is going on?" Mr. Osgood stated that he will speak with Donald George. The Board agreed that Mr. Osgood will speak with Mr. George. Watershed Regulation: Mr. Leyland mentioned that an elderly gentleman stopped by the health office the other day in reference to his septic tank being pumped every three years. The gentleman and his wife spend half the year in New England and half the year in Florida and the last time he had his system pumped was three (3) years ago. He wants to know if he has to have it pumped now? He is going to Florida and will not be back in time to have it pumped by the deadline. Mr. Leyland wanted to know what to do with this since he is only here half the time. Dr. MacMillan suggested to pump his system when he gets back. Mr. Leyland stated that the new regulation states to have his septic system pumped every three (3) years. Mr. Leyland stated that there have been many calls in reference to an extension to their septic system pumping deadline, and he wanted to know how flexible can he be with time. Mr. Osgood stated that the Board does not want to pose a burden on residents, and to be as flexible as he can be and give them time. Dr. MacMillan stated that this gentleman had his septic system pumped three years ago, which makes him due now. Dr. MacMillan stated he does not have to go out of his way and do it now, but he is due to have his septic system pumped. Dr. MacMillan stated Page 5 Minutes: September 16, 1993 that a variance can be granted for him to pump his system by next summer, but Dr. MacMillan believes he should still have his system pumped every three years. Mr. Leyland stated that, at the present time, the response from the Watershed Septic Pumping letter has been 34% . Mr. Leyland wanted to know how the Board wants to handle the enforcement. Dr. MacMillan suggested that they should be advised again that there is a fine if this is not done and after two to three months they should be fined. The Board agreed to give residents up to three (3) months to response before a fine will be implemented. In Reference to Dr. MacMillan's Previous Question About Chlorine in His Water at 75 Woodcrest Drive North Andover MA: Mrs. Starr spoke with Linda Hmurciak from the Water Department regarding Dr. MacMillan' s water supply at 75 Woodcrest Drive, and she said that the automatic chlorinators are not in use and have not been in use for several years. Mrs. Starr stated that if a chlorine taste and/or odor is coming from the water it is coming directly from the plant. Linda Hmurciak will check that out. Mrs. Starr mentioned that if this ever happens again to call the Water Department and let them know. 221 Farnum Street - John Silveri: Mrs. Starr mentioned that she wanted the Board to be aware of a letter that she recently sent certified in reference to a new home owner who built a masonry wall across his leach area. Dr. MacMillan asked, "what harm is the wall going to do?" Mrs. Starr stated that first of all, he has regraded adding extra soil, second, it is a heavy wall. The resident put it right over the leach and reserve areas which is a State Regulation. Mrs. Starr stated that you need that leach area, that reserve area, just in case you get a failure. The Board agreed that the wall has to go. Leary - 57 Essex Street: Mrs. Starr stated that at the present time no permit has been pulled for 57 Essex Street to start construction. Dr. MacMillan mentioned that at the last Board of Health meeting the issue of whether or not the Board should require Mr. Leary to tie-in after the repair and what year was tabled, and it needs a vote by the Board. Page 6 Minutes: September 16, 1993 On a motion by Mr. Osgood, seconded by Dr. MacMillan, the Board voted unanimously to allow the resident at 57 Essex Street five (5) years to tie-in to town sewer assuming that the system is operating properly. ADJOURNMENT On a motion by Mr. Osgood, seconded by Dr. MacMillan, the Board voted unanimously to adjourn at approximately 8: 30 p.m. Gayton Osgood, Clerk