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HomeMy WebLinkAbout1993-05-27 Board of Health Minutes BOARD OF HEALTH MINUTES MAY 27, 1993 Dr. MacMillan called the meeting to order at 7: 10 P.M. MEMBERS PRESENT: Francis P. MacMillan, M.D. , Chairman, John S. Rizza, D.M.D. , Gayton Osgood, Bill Hmurciak, DPW, and Sandy Starr, Health Agent. VOTE TO ACCEPT PROPOSED BOARD OF HEALTH FEE SCHEDULE CHANGES EFFECTIVE JULY 1, 1993 : A brief discussion ensued in reference to the fee changes. Based on the Town Manager's approval, the Board voted as follows: On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously to approve the fee changes effective July 1, 1993 as discussed, and to place a legal notice in the Citizen and post within the town office. MASSAGE THERAPIST LICENSE REQUEST - CHERYL HOUDE: Ms. Cheryl Houde was present and came before the Board to request for a massage license to practice at a local skin care establishment. Ms. Houde is aware of the local regulations and a graduate of a approved therapist program. On a motion by Mr. Osgood, seconded by Dr. Rizza, the Board voted unanimously to grant a massage license provided the inspection at 451 Andover Street, Suite 150, North Andover, MA is satisfactory. WATERSHED REGULATIONS: A general discussion ensued in reference to the proposed watershed regulations. Mrs. Starr stated that she made a request of Jim Gordon sometime in March for Town Counsel but has not heard. Mrs. Starr stated that these regulations were promulgated under Chapter III, Section 31 which states that publishing once is due notice. Mrs. Starr suggested to go ahead and adopt them and publish them or, at our option, have a public hearing. Mr. Osgood stated that in the past, the Board of Health published regulations which would state, the Board will be, voting on these regulations at the next meeting. The Board members agreed to publish a legal notice for a public hearing on June 24, 1993 in the Citizen. Page 2 Minutes: May 27 , 1993 OTHER BUSINESS• Approval of BOH Minutes - 4/14/93: On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously to approve the minutes as written. Averka Update: Mrs. Starr stated that she went by today and Mr. Averka is spreading some clean fill and has a few mounds of fill around. Mr. Osgood and Mrs. Starr have been approving the fill. Dr. MacMillan stated that Mr. Averka has three days to install a barrier. Dr. MacMillan suggested to send Mr. Averka a letter. Dr. MacMillan stated that Mr. Averka has until June 1st to put the barrier up. At the present time, Mr. Averka will not be in compliance with our order if he waits until June 16th. Dr. MacMillan suggested that Mrs. Starr call Attorney Caffrey and tell him to get on the ball. Dr. MacMillan stated that this has to absolutely closed off by June 1st. Rabies Clinic Update: Mrs. Starr stated that Dr. Atwood had approximately one hundred (100) animals. This year Dr. Atwood charged eight (8) dollars per animal and what Dr. Atwood made is what he took home stated Dr. Rizza. Dr. Atwood purchases his own syringes and vaccine. Mrs. Pawelski, Secretary stated that Dr. Atwood purchased the vaccine and syringes last year and Dr. Atwood had four (4) hundred plus animals at no charge. 57 Essex Street - Leary: Bill Hmurciak was present. Mrs. Starr stated that in mid March she called Mr. Leary and told him that it is warm and dry enough, let' s start a new system. Mr. Leary agreed. Now it is May, Mrs. Starr sent another letter reminding him of their conversation in March, and she asked Mr. Leary to get - in touch with the office and pull an installers permit, she basically told him to start the repair. Mrs. Starr stated that Mr. Leary was complaining of having no money. Mrs. Starr stated that Mr. Leary was here earlier at the meeting and he told her that there was a problem with access to the property. Mr. Leary told Mrs. Starr that his neighbor, Mr. Page 3 Minutes: May 27, 1993 Scully, will not let him use his property to gain access to his to his property. Mrs. Starr stated that maybe the Board of Health could do something. Dr. MacMillan asked Mrs. Starr, "how bad is the problem - is there a lot of effluent coming out? Mrs. Starr stated that she did not get a chance to get up there. Mrs. Starr stated that back in 1991 the effluent was bad. Mr. Osgood stated that it isn't bad now. Bill Hmurciak stated that he has not been out there either. Mr. Osgood stated that the last report the Board received was from either Allison Conboy or Richard Doucette stating that the system was no longer overflowing - that problem had been solved. Mr. Osgood stated that the repairs haven't been made either. Dr. MacMillan asked, "why wasn't the system overflowing"? Mr. Osgood stated that the Learys made some temporary repairs. Mrs. Starr stated that what had been decided is that the system would be in the same place, a little higher elevation. Dr. MacMillan asked if the Board had engineering proposals on how to correct it? Mrs. Starr replied, "yes, this is what had been done in the fall" . Mrs. Starr also stated that the Board received approval from Conservation, which was difficult but by the time the Board receive the conservation approval, it was too cold. Mr. Leary promised to repair the system as soon as it got warm, stated Mrs. Starr. The Board Members suggested that Jim Gordon, Town Manager or Town Counsel send a very strong letter incorporating the following: 1) the system be pumped regularly 2) this is the Boards final determination - the Board will no longer let this continue 3) either make adjustments to the system, so it does not leak, or repair the system completely. Dr. MacMillan also suggested that Bill Humurciak and Sandy Starr inspect the property. 94 Morningside Drive: Dr. MacMillan received a certified letter from Mr. Dizazzo. Dr. MacMillan stated that Mr. Dizazzo was before the Board a year and a half ago. Mr. Dizazzo is writing concerning a neighbor who he thinks has the same problem. The neighbor is the one that reported Mr. Dizazzo' s failed system to the Board of Health. Dr. MacMillan stated that Mr. Dizazzo is upset that his neighbor put an addition on with multiple bedrooms in an area that Page 4 Minutes: May 27 , 1993 supposedly failed. Mrs. Starr stated in a letter to Dr. MacMillan that there is some confusion about the failed perc test, she stated that she could not have told Mr. Dizazzo that the perc test had failed because no perc test was performed at this site. Mrs. Starr stated that she spoke to Scott Giles, the engineer involved, and he stated that a deep hole was dug but because it was high ground water at the time, no perc test was done. There is no record in the file of even this deep hole. This apparently occurred when Allison was inspecting , is that true asked Dr. MacMillan? Mrs. Starr responded, yes, I believe SO. There is no record anywhere asked Dr. MacMillan? Mrs. Starr responded, "no" . The owner of 94 Moringside Drive spoke with Mrs. Starr late last summer about his proposed renovations. He signed an agreement and Mrs. Starr mistakenly signed his Form U, thereby allowing him to procure a building permit. The engineering plans and the agreement has been recorded at the Registry of Deeds. The proof of a recording at the Registry of Deeds is in the file. Mrs. Starr believes that this whole transaction should have come before the Board for approval before the Form U was signed. Dr. MacMillan stated that Mr. Dizazzo is concerned about no perc test being done. Mr. Osgood stated that a perc test is not required. Mr. Osgood stated that he was not changing the system. Mrs. Starr agreed. Mrs. Starr explained that Mr. Rosati, Scott Giles and Ken Rae had gone to Morningside Drive to do a perc test because the owner was thinking of enlarging his house. They went there (Rosati, Giles & Rae) they dug the deep hole and said, "oh well, high water table, we can't do a perc test now" . Mrs. Starr believes it was Ken Rae that might of told Mr. Dizazzo that a perc test was done. Dr. MacMillan wanted to clarify with Mrs. Starr that a perc test is unnecessary unless you are going to increase the size of the septic system? Is that correct? Mrs. Starr responded, "yes" . Dr. MacMillan asked Mrs. Starr if they put more bathrooms in upstairs? Mrs. Starr stated that if she remembers correctly there is a total of three or four bedrooms upstairs, which is what is counted when discussing leaching area. The Board agreed to send a letter to Mr. Dizazzo stating that the system at 94 Morningside Drive has met all of the Board of Health requirements. The system has not failed, and there is no evidence of failure. A perc test was not performed because of the highwater table. Update Rabid Bat: Mrs. Starr stated that she spoke with a Doctor Rudy from the Page 5 Minutes: May 27 , 1993 Salem New Hampshire Animal Clinic. She stated that a cat owner from North Andover found a dead bat apparently in his house. The owner did not know if the cat killed the bat or was exposed to the bat. The owner assumed that the cat killed the bat. The owner disposed of the bat and took the cat to the veterinarian because the cat had not been vaccinated for rabies. The veterinarian decided to assume that the cat had possible exposure by proximity. They vaccinated the cat and the cat is to be closely observed by the owner for three (3) months. The cat will be kept in the house. Dr. Rudy called Mrs. Starr to see if that was appropriate and sufficient. Mrs. Starr told Dr. Rudy it seemed okay with her but told him she would bring it before the Board. Mrs. Starr mentioned that there have been at least three (3) reports of suspected rabies in bats found dead. In all these three (3) cases the bats were not rabid. The Board members suggested that Mrs. Starr notify Dr. Atwood of this situation. Update - Deepholes: Mrs. Starr stated that she observed approximately 270 deepholes since April, 20 peres, and 4-5 repairs. Bob Leyland is doing the pools. Mrs. Starr stated that she spoke to Karen Nelson today and asked if Bob Leyland, one day a week, could observe perc tests. ADJOURNMENT On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously to adjourn at 8 : 30 p.m. Gayton Osgood, Clerk