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HomeMy WebLinkAbout1993-01-21 Board of Health Minutes BOARD OF HEALTH MINUTES JANUARY 21, 1993 Dr. MacMillan called the meeting to order at 7: 35 p.m. MEMBERS PRESENT: Francis P. MacMillan, M.D. , Chairman, John S. Rizza, D.M.D. , Gayton Osgood, Sandy Starr, Health Agent, Allison C. Conboy, Health Administrator and Karen Nelson, Director, Planning & Community Development. OLD CART WAY LOTS # 1 8 10, 11, 14 , 18 - LOCAL VARIANCES: Mr. Les Godin, Engineer came before the Board to request variances to the Town of North Andover' s Regulations on Subsurface Disposal of Sanitary Sewage - Wagon Wheel Estates, Lots #1, 8 , 10, 11, 14, 18 as follows: Lots #1 & 18 : Regulation 2 . 14-4 so that the leaching systems may be designed for a minimum design flow of 495 gallons/day as opposed to 660 gallons per day as required. Lots #8 , 10 , 11 , 14 : Regulation 17 . 03 so that leaching trenches may be spaced 9 feet apart as opposed to 10 feet apart as required. Mr. Godin stated in his letter that subsurface disposal systems plans for these lots had been previously approved by the Board of Health under regulations adopted September 27, 1984 , but have since expired. Mr. Godin stated that the plans have been otherwise revised to met current regulations adopted March 21, 1992 by the Board of Health. These variances are necessary to accommodate the substantially larger leaching areas required by current regulations. Ms. Starr stated that she does not have a problem with this and suggests that a variance be granted. Mr. Osgood sees no problem. On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously to grant variances to Lots #1, 8, 10, 11, 14, 18 on Old Cart Way as stated in the letter dated January 4, 1993. Ms. Starr also requested that the houses that are being changed to three bedrooms be noted on the deed. BOB LEYLAND INTERN - DISCUSSION - UPDATE ON SEPTIC SYSTEM DATA BASE AND 1992 QUESTIONNAIRE: Bob Leyland Intern for the Conservation Commission and the Board of Health was present and a lengthy discussion ensued in regards to the update on septic system data base and the 1992 questionnaire. Mr. Leyland stated that approximately 448 Page 2 Minutes: January 21, 1993 questionnaires were mailed out to residents and only received 38 responses back. Ms. Conboy asked Mr. Leyland if the Board of Health files have been entered into the database, i.e. septic systems, installation dates. Mr. Leyland stated that all the septic systems are entered in the database according to the age of the system. Mr. Leyland wanted to get some input from the Board Members and any suggestions they might have as to how get a significant response from citizens. Mr. Leyland mentioned that the open space survey was sent home with school children and it received a better response. Dr. MacMillan mentioned that maybe the poor response is from the recent adverse publicity about water/sewer rates, and residents are afraid to give too much information for fear of being bombarded with bills, etc. Mr. Leyland stated that another suggestion is to require everyone in the watershed have a Registered Sanitarian go and do the inspection. Dr. MacMillan stated that this is probably the only way it would be valid. Mr. Osgood stated that the problem is that the registered sanitarian can not really tell. Mr. Osgood stated that when banks want an inspection of the septic system before they finance a house they want to know if the septic system is going to work for the next twenty years - he stated that the best sanitary engineer can not determine how long a system will last. Mr. Osgood suggested ''that maybe the Board should initiate a procedure whereby residents will have to pump their systems every 2-3 years. Ms. Conboy stated that she recently found the newspaper article regarding the public hearing for this regulation but could not find anywhere if it was every made a motion and passed at a meeting. Ms. Conboy stated that the first question will be - How do we get a greater response from the questionnaire? Mr. Leyland stated that we want to know what is the best way, a questionnaire, or door to door. Mr. Osgood asked what happened to all the data from before? Ms. Conboy stated that Mr. Leyland has gone through all the Board of Health files and put them into the database. He also stated that there was not much information to get off the questionnaires from 1987 other then the homeowner, address, etc. Dr. MacMillan asked Mr. Leyland, "how many houses are you talking about" . Mr. Leyland responded approximately four hundred. Mr. Osgood stated that the best way to approach this is to come up with a way to do the pumping. He stated that we need to get residents to maintain their systems. Mr. Osgood suggested to forget the questionnaire for now and work out the details on how Page 3 Minutes: January 21, 1993 to incorporate the administrative details, i.e. database, pumping schedule and then systematically someone will have to go to these houses, starting with the old ones first and inspect. Mr. Osgood stated that to have an engineer go out and state that a system is good, bad, or indifferent is almost impossible. Mrs. Starr started that all you can do is see if the system is failing or not and half the time we do not know. Dr. MacMillan stated that the only time something has to be done is when the system fails or the sewer comes by and residents refuse to tie-in and they have the right to refuse unless the system is failing and then it would have to be checked by the Board of Health. Dr. MacMillan stated that we will get to that point within the next three years or so. Dr. MacMillan stated that the questionnaire is useless because people are afraid to reply. Dr. Rizza suggested to send a letter from the Board of Health indicating the importance of responding and if no response tell them a representative from the Health Office will be by to inspect. Mr. Osgood suggested that the Board stay away from any kind of threats. Ms. Conboy asked Dr. Rizza if he was suggesting one more mailing. Dr. Rizza responded yes. Dr. MacMillan asked Mr. Leyland what he was trying to gain by this survey? Mr. Leyland stated that the two concerns are 1) to test the lake for phosphorous levels and fecal coliform levels, and 2) to find out how old the systems are. Mr. Osgood stated the only way to keep systems from failing is to pump. Dr. MacMillan asked if the Board can demand citizens by law to pump? Mr. Osgood responded, "yes" , but we need to initiate a regulation but more needs to be done then just a . regulation. He stated that the pumper informs the Board of Health that a place has been pumped and then the Board puts people on a schedule, etc. Mr. Osgood stated that it needs a lot of work, and there is a lot of work to do. Dr. MacMillan asked if the Board would have to make the ordinance asking residents to have their systems pumped once every year? Mr. Osgood responded yes, but only once every two to three years not once a year. Mrs . Nelson suggested that Mr. Leyland call a few communities to .. see what they have done. Mrs. Nelson stated that in Boxford oil tanks that are twenty years old, no questions asked, they just pull them up and they have been pretty successful. Mrs. Nelson stated that the oil trucks that deliver have to report back to the Board of Health as to how many gallons and where it is and they can see over a period of time the size of the system and if they are underground they have to sign papers. Page 4 Minutes: January 21, 1993 Dr. MacMillan asked about the testing of coliform and Ms. Conboy responded by stating that this would be discussed later on - Mrs. Starr and Mr. Leyland will give the Board and update. Dr. MacMillan suggested that Mr. Leyland draft a cover letter and avoid stating any fine. Ms. Conboy wanted to clarify the enforcement - she asked the Board - when she gets a regulation all set up the Board does not want any fines or enforcement mentioned? Mr. Osgood stated that getting the regulation drafted is the easy part, it' s all the other things that will follow that will be difficult. OTHER BUSINESS• Lake Cochichewick Water Samples: Mrs. Starr and Mr. Leyland present to the Board an update on water samples taken at Lake Cochichewick. Mr. Leyland stated that the main thing he was looking for in the tributaries would be the phosphate levels and fecal coliform. He stated that high fecal coliform were found at Hatch Brook and Bonny Lane. Mr. Leyland stated that the highest levels of fecal coliform has always been at the lake. Mr. Leyland and Mrs. Starr followed Hatch Brook from Johnson Circle taking samples at likely places and the samples tested zero fecal coliform, lower then normal. Mrs. Starr stated that at the last meeting they had some interesting results - they did some sampling at Bonny Lane and they found high levels of fecal counts there - it was found at the manhole near the pumping station.. Mr. Perna wanted to check out that line to see what was coming in there. Mrs. Starr stated that there were really high counts of fecal coliform around Bonney Lane. Ms. Conboy asked if there was a plan in terms of what they eventually hope to find or a cause for the counts? Mrs. Nelson stated that they hoped to find it but right now they are baffled. Dr. MacMillan asked why was the testing started? Mr. Leyland stated that Mr. Doucette was anxious in helping the water treatment plant do this testing of the tributaries and Mr. Doucette asked him if he would like to do this because of his biology background. Mr. Leyland stated when they started to getting a high algae count particularly Bonny Lane they asked him to step. up the testing he is presently doing. Page 5 Minutes: January 21, 1993 Ms. Conboy stated that with all this testing there has been no patten established at all. Mr. Leyland stated that all that has been established is that there is definitely something at Hatch Brook and Bonny Lane. The testing will continue. Mrs. Starr stated that later on there may be some dye testing. Ms. Conboy stated that Mr. Leyland is doing a lot of work helping out in the Health Office with re-permitting, calling people that did not renew their 1993 food and dumpster permits, he inspected all the offal/trash hauler's trucks, and he is also doing home cook inspections. Dr. MacMillan asked if Mr. Leyland is doing - food inspections? Ms. Conboy responded "no" , but stated that Mr. Leyland did a few complaints with her. Ms. Conboy suggested that she could take him out to do some retail stores like CVS and Essex Drug because there is no food involved - it's all packaged food. Approval of BOH Minutes - 11/19/92: On a motion by Mr. Osgood, seconded by Dr. Rizza, the Board voted unanimously to approve the minutes of 11/19/92 as written. Offal Haulers - Approvals - 15.19 (5) : Dr. MacMillan asked if` Ms. Conboy looked into this. Ms. Conboy stated that in their .packets she copied some regulations which state that the Board of Health can license the offal haulers if they dump within the town. Ms. Conboy stated that it would be worth our while if the Board of Health takes a look at some of these haulers as Mr. Leyland can attest to. Mr. Osgood stated that we can not stop them. Ms. Conboy stated that she knows we can not stop them, but we can if we thought their truck was a hazard traveling through our town and this certainly can be the case. Mrs. Nelson asked how many offal haulers are there? Ms. Conboy stated that there are approximately thirty that only pick- up in the town but the amount that dump at the GLSD is a lot greater. Ms. Conboy stated that the GLSD does not check to see if they are licensed in the town. Ms.. Conboy asked the Board if they want her to investigate further and get a list of people that dump at the GLSD and see how intensive it would be to license them. Dr. MacMillan responded yes. Food Handlers Course/Lawrence Vocational Schools: Ms. Conboy stated that she has not had any problem referring people to courses if they do not have a food handlers Page 6 Minutes: January 21, 1993 certification, I encourage them to get them. She stated that Haverhill is having a course, Essex Aggie is having a course, and Boston is available. Ms. Conboy stated that Mr. Brunetta from Lawrence Vocational School approached her awhile ago and wanted to set up a program at Lawrence Vocational Adult Education. Mr. Brunetta's background is in seafood and Ms. Conboy asked him to submit his material. Mr. Brunetta is offering two courses (1) a 10 week course, 2 hours a week (2) 1 day or 2 days for 4 hours a day. Ms. Conboy reviewed the material and went over it with someone from the Andover Health Department and the majority of the information in the booklet deals solely with food quality and does not have extensive information on food handling, sanitation, etc. which is what the NIFFY course is. It does not state in our regulation that establishments are required to have the NRA course but this is what everyone has received in the past. Ms. Conboy stated that she believes Mr. Brunetta is pushing for the Board to let the town know about and tell the food service people that he is available and to take his course. Ms. Conboy has not recommended his course to anyone and Mrs. Starr hasn't either. Ms. Conboy stated that she would not feel comfortable with people that received certification from this course. Dr. MacMillan asked Ms. Conboy if she has advised him of this. Ms. Conboy responded yes. Mr. Brunetta still wants to proceed with his course. Ms. Conboy stated that the Town of Methuen sent a letter to all their people saying this course is available. Ms. Conboy stated that that is fine and acceptable but she believes that they did not investigate his course content. Ms. Conboy prefers to tell Mr. Brunetta the Board does not recommend it. She believes it is not adequate and it is not the same level as what people have been getting in the town. Ms. Conboy stated that if someone found out about it on their own and took the course, we can not refuse it. Dr. Rizza suggested to send him a letter stating what needs to be included in his course. Ms. Conboy stated that she did that. Ms. Conboy stated that she sat down with him for a few hours and told him what she is interested in having people know. Unfortunately, Mr. Brunetta does not have the background to present it to these people. The Board agreed to have Ms. Conboy to send Mr. Brunetta a letter stating his course does not meet the Minimum Standards of Certification of Food Handlers and the Board can not recommend it. Page 7 Minutes: January 21, 1993 Health Nurse - Virginia Foulds: Ms. Conboy stated that a letter was sent to Mr. Gordon with the Board's recommendation and he approved it and a letter was sent with a date to start. The date coincided with the date the VN would end. Ms. Conboy made an appointment for Mrs. Foulds to come in to go over all the procedures. TB Testing - Firefighters: Fire Chief Dolan would like to have Mantoux Testing for all the firefighters. Dr. MacMillan stated that this is fine and Mrs. Foulds can go over and do the whole department in one day. Ms. Conboy stated that the Mantoux Tests are free from the State and we just need syringes. Dr. MacMillan stated that insulin syringes are needed. Dr. MacMillan suggested to call him at the office. Dr. MacMillan asked, "what do we do with a positive test?" Has anyone thought about that asked Dr. MacMillan? Dr. MacMillan stated that a chest x-ray would have to be done and then send him to a physician. Mr. Osgood stated that the TB Clinic in Lawrence would do that. Dr. MacMillan stated that a nurse has to read them within 48 hours. Ms. Conboy stated that Mrs. Foulds would schedule the tests and the readings within 48 hours. Averka Property Update: Ms. Conboy stated that the Averka property there isn't a pre- trial conference date, the complaint is still there and Ms. Conboy called about it twice and it is not ready to be signed. Ms. Conboy called the clerk Magistrate that had the hearing with her and she promised they would have it all by next week to sign and then they would set a pre-trial conference date. The Averka' s hired an environmental firm and they sent a letter outlining what testing he was willing to do and what he felt was necessary for that property. Ms. Conboy stated that she called DEP and passed it by them and they said that the proposed testing sounds adequate as long as a risk assessment is included. A date has been set for Tuesday to do all the deep holes and conduct all the soil testing. Extra soil samples will be provided to the Health Office. Ms. Conboy stated that Mrs. Averka 'called to say that she wished there was another way that this can be done. Mrs. Averka mentioned that all the material that came from the MBTA belongs to the . MBTA and maybe the MBTA should have it removed. Mrs. Averka told Ms. Conboy that she is very concerned now - this could be a hazard and the testing is going to cost her about ten Page 8 Minutes: January 21, 1993 (10) thousand dollars. State Regulations on vaccinating Cats: Ms. Conboy wanted to receive input from the Board as to if they wanted to do anything differently from last year in reference to Dr. Atwood and the rabies clinic. Ms. Conboy stated that cats do not have to be registered. Ms. Conboy stated that when the rabies scare happened last year, she sat down with Karen Nelson and Kevin Mahoney. Ms. Conboy stated that the Town Clerk does not have a record keeping procedure for vaccinations, even for dogs. Ms. Conboy suggested that maybe the Board would wants to see that dogs are getting vaccinated and registered in the Town. The Board with have to work with the Town Clerk. Mr. Osgood stated that Sue Northam does that. Mrs. Nelson stated, like Ms. Conboy said, there's a problem there - it can't be followed up on because there are no records. Dr. MacMillan stated - so there is no database on any of these animals. Mrs. Nelson stated that it should be on a database just like septic systems. Ms. Conboy stated that the Town Clerk is required to send a letter out asking residents to register your dog yearly and return them to the Town Clerk. The Town Clerk knows who has not registered but nothing'- is done stated Ms. Conboy. Ms. Conboy also stated that he does not add on to the files that this dog is registered last year and it registered again this year. Ms. Conboy stated that Sue Northam has complained about this quite a lot. Ms. Conboy stated that this creates a problem with the rabies. Ms. Conboy suggested that may Dr. Atwood would want to have two rabies clinics instead of just one. Dr. MacMillan asked, "how do we advertise for this"? Ms. Conboy stated that she will put a press release in now and let them know there will be a free rabies clinic in May. Dr. Rizza agreed to speak with Dr. Atwood and ask the following questions and get back to the Board Members: 1) will he be doing the clinic in May 2) because of the epidemic does he think the date should be pushed up 3) question of doing two (2) clinics 4) does he distribute the tags at the clinic for cats. Leary - 57 Essex Street: Mrs. Starr stated that Mr. Leary received appropriate approvals Page 9 Minutes: January 21, 1993 from the Conservation Commission and as soon as the weather warms up the new system will be installed. 69 South Bradford Street - Guy Bardacino: Mrs. Starr briefly updated the Board by stating that in 1990 there was n approval of plans for that site with variances, however three of the variances were from Title V and as far as she can tell it was never sent into the State and now the owner has a prospective buyer and wants to sell. Mr. Bardacino was not scheduled on the agenda, but stopped by and requested to speak with the Board Members regarding the problem he has on South Bradford Street. Mr. Bardacino stated that when he purchased this property one of the conditions was that the purchase of the front house is to be clear and free. Mr. Bardacino stated that Dave Zalogo went around with him to the different departments and got all the signatures required. At the present time, Mr. Bardacino has a prospective buyer and went to pull a permit and was stopped. Mr. Bardacino stated he does not know what is going on and wants the Board to clarify it. Mr. Bardacino wanted to know why the Form U was all signed and ready to go in 1990 - he stated that if he went to pull the permit then it would have been issued. Mrs. Starr stated - first of all Form U's are only good for a limited amount of time, septic plan approvals are only good for two years and the plans back in 1990 do not meet current regulations, they also do not meet Title V State Regulations. Mr. Osgood stated that the Board of Health granted the variances to local regulations and he then was referred to apply for State variances. Mrs. Starr agreed but then stated that this was never done. Mr. Osgood stated that the Board did not want the house to be torn down. The only way this house can ever be fixed is with these variances, otherwise the house would have to be torn down stated Mr. Osgood. Mrs. Nelson asked, "is it in the watershed district"? Mrs. Starr responded, "yes it is" . Mrs. Starr stated that one of the variances for Title V was distance of leaching facility to a tributary to the reservoir (90 feet according to plan and the regulation is 325 feet) , this was approved by the Board - but it does not meet the 100 feet or Title V. The distance of a leaching facility to a subsurface drain, Title V requires 25 feet, and it' s 20 feet on the plan and the break out was only 60 feet instead of 150 feet and those are definitely State Regulations plus the watershed stated Mrs. Starr. Mrs. Starr stated that she spoke to Phil Christiansen, the Page 10 Minutes: January 21, 1993 engineer and requested a new plan - still to this date she does not have a new plan. Dr. MacMillan asked if this is a repair of an existing system. Mrs. Starr stated that this has been abandon for a number of years. In the technical sense, I could say it is a repair stated Mrs. Starr. Mr. Osgood stated that the problem was that there is no way with the land that the house is sitting on, even without the subdivided land in the back, that house can have a septic system built on it and meet todays codes - there has to be variances. Mr. Osgood stated that the question that came before this Board was - are we going to save the house or say "no" and have the house torn down. The decision was made to try to do something to save the house stated Mr. Osgood - but nothing was done. Mr. Osgood stated that the whole idea was predicated on the fact that this was going to go ahead - but that did not happen. Mr. Osgood told Mr. Bardacino that his problem is that did not happen and he is stepping into the middle of something. Mr. Bardacino asked "whose fault is it that this did not happen?" Mr. Osgood stated that he did not know but it' s not the Boards fault. Mrs. Starr stated that usually the process after you get a variance from the local Board of Health, the engineer will submit a letter to the State. Mr. Bardacino stated . that as he understood it, when he took possession of the property this house was free and clear. He stated that it was presented to him that it was part of the legal settlement with the Town with the previous owner of the property that this front house was ready to go. Mr. Osgood stated that what the settlement was back in 1990 - there was an original subdivision plan for a number of houses to be built and part of the discussion was - what is going to happen with the house in the front. Mr. Osgood stated that all these variance were suppose to go right ahead and get State approvals, the Board of Health did their part but because of economic conditions the owner never did anything. Mr. Bardacino stated that his problem is that his bank, which is holding a mortgage on the whole parcel, is forcing him to sell this house. Mr. Osgood stated that the Board's understanding at that time was when Mr. Bardacino purchased this land from John Magury he was going to go right ahead - and now it' s two years later. Mr. Bardacino asked the Board if he at the time in 1990, went to pull a permit .would I have been issued the permit? Mrs. Starr Page 11 Minutes: Januray 21, 1993 stated if you received the variances from the State. Dr. Rizza suggested that the Board tell Mr. Bardacino what has to be done to comply. Mrs. Nelson stated that Mr. Bardacino mentioned an issue on a court case and remembers something that was settled before going to court on zoning issues - but can't recall, but will look into it. Mrs. Nelson stated that a new plan has to be submitted and the plan must come as close to the regulations as possible. Ms. Conboy stated that whatever State variance there are will have to - - _ go to the State. Dr. Rizza asked what the variance procedure for the State. Ms. Conboy stated that the engineer submits a letter to the State and the State has 45 days to respond. Mr. Osgood stated that when it goes to the State it should indicate that the Local Board of Health approved it and that the house has a historical significance and why the Board approved it. Mr. Bardacino wanted to know what he has to do. Mrs. Nelson stated to get an engineer and submit plans. Mr. Bardacino asked if the old plans can be resubmitted. Mr. Osgood suggested that Mrs. Starr speak with Phil Christensen about the plans. Mr. Osgood stated that he thinks Mrs. Nelson is right about the settlement on zoning issues because it this plan states it has to be 100 feet from the wetlands. Mrs. Nelson believes that all of them met together on this back in 1990. Mr. Osgood believes that everyone sat down and decided. Mrs. Nelson believes it had to do with a common drive way, etc. Mrs. Starr stated that she searched back in the minutes which states - the zoning board has approved the zoning for 325 feet, Mr. Osgood suggested that the Board should seek legal advise, and the lots concerned are #3 , 4 & 5 South Bradford. Mr. Osgood believes the zoning issue was resolved and Mrs. Nelson agreed. Mr. Bardacino has to do the following: . . 1) Get engineer to submit plan 2) Submit letter to State requesting variances Mrs. Starr stated that what bothers her is that the variances were not specifically addressed. Ms. Conboy stated that it has to spell out what variances are granted. Mrs. Starr also stated that it didn't even specifically state what plan or what date. Mrs. Starr stated that if it is a variance to Title V you have to Page 12 Minutes: January 21, 1993 have a hearing and notify the abutters. Mr. Osgood corrected Mrs. Starr by saying - that is not on repairs - told Mrs. Starr to look at Title V and he believe it will say that does not apply to repairs. Mrs. Starr will check it out. Ms. Conboy stated that installers have argued that when it is an emergency repair it does not have to go to Title V and it does not require a hearing but the State says you do have to have the hearing and the notification of abutters. ADJOURNMENT On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted -- unanimously to adjourn at 9: 30 P.M. Gayton Osgood, Clerk