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HomeMy WebLinkAbout1993-02-18 Board of Health Minutes BOARD OF HEALTH MINUTES FEBRUARY 18, 1993 Dr. MacMillan called the meeting to order at 7: 10 p.m. Ms. Nelson mentioned to the Board that the Fire Department informed her about 5: 30 p.m. that an unoccupied home at 151 Hillside Road has a potential heating oil spill in the basement (approximately thirty (30) gallons) . The Fire Department wants the Board of Health to follow-up on this. 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. 78 EAST WATER STREET UPDATE: Dr. MacMillan mentioned that he was not at the emergency meeting of 2/4/93 and was wondering what is happening now. Mrs. Starr stated that she spoke with Barbara Folley who is in the office of Attorney Vincent Manzi and friends with John Bain. Ms. Folley asked if she could go in and clear out the trash and rubbish and to do as much as they could and if further cleaning is necessary they will hire professional cleaners. The Board agreed that this would be acceptable. Mrs. Starr stated that Ms. Folley mentioned that Mr. Bain is in rehabilitation and is receiving help. APPROVAL OF MINUTES - 1/21/93: On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to approve the minutes of 1/21/93 as written. APPROVAL OF MINUTES - 2/4/93: On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to approve the minutes of 2/4/93 as written. 7:00 P.M. - 30 BRUIN HILL ROAD - REQUEST FOR VARIANCE - TITLE V SETBACKS: Mr. Dean Koulouris, Owner was present. Ms. Starr stated that Mr. Koulouris is requesting a variance to Title V Setbacks 310 CMR (7) (distances of garage/slabb foundation to leach field - five (5) feet) . A brief discussion ensued and the Board voted as follows: On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to grant a variance from the Title V Setbacks (310 CMR 15.03 (7) (distances of garage/slab foundation to leach field - five (5) feet) . Page 2 Minutes: February 18, 1993 7:30 P.M. - DISCUSSION - TONY BRUNETTA - FOOD HANDLERS COURSE- LAWRENCE VOCATIONAL SCHOOL: Tony Brunetta was present and stated that he is associated with the City of Lawrence Adult Vocational School and he is the Program Coordinator. He stated that for the past two years he has been working for the school. Approximately one year ago, Mr. Brunetta decided to put a program together because of the interest and the need for additional training. Mr. Brunetta contacted representative from the Boards of Health in the Greater Lawrence area. He stated that he met with these individuals and also with Ms. Conboy at which she encouraged additional training. Mr. Brunetta stated that with this encouragement and the encouragement from other Boards of Health he continued to put his program together. Mr. Brunetta stated that the program has been adjusted to include Boards' of Health concerns. At the present time, with the exception of Haverhill, North Andover is the only community that has some type of mandated sanitation. Mr. Brunetta was inquiring as to what that mandate is. Mr. Brunetta wants to be aware of what North Andover' s mandates are so that he can adjust his program to meet these needs. Dr. MacMillan mentioned that Ms. Conboy should address this because she found a number of deficiencies in the program. Ms. Conboy stated that she made a brief listing which is three pages long some of which she mentioned at the last meeting. Mr. Brunetta stated that if there are deficiencies in the program he wants to address them so he can meet the standards of the community. Mr. Brunetta stated that there must be something in the Town Ordinances that spell out what the Town' s requirements are. Dr. Rizza stated that the reason he became involved with this situation is because at the last meeting the Board agreed if they did not like his course that we would send a letter stating why the Board did not like the course and what he needed to do. Dr. Rizza stated that he has known Mr. Brunetta a number of years and knows his credibility in the food establishment business. Dr. Rizza stated that he thought Mr. Brunetta could be of help to the North Andover area because of our need for courses in the area. Dr. Rizza requested that Mr. Brunetta be placed on the agenda for tonight in order to bring everything out in the open. Furthermore, if the Board follows certain rules and regulations then the Board should inform Mr. Brunetta exactly what those rules and regulations are so he can tailor his course to meet the needs of the Town and be an asset to the food handlers in this area stated Dr. Rizza. Page 3 Minutes: February 18, 1993 Ms. Conboy stated that the regulation that requires food establishments to have a food handlers certificate does not state that it needs to be a NIFFY certification. Ms. Conboy stated that she pointed that out to the Board at that time. Mr. Brunetta stated that he does not know what the Town ordinance states. "The Town Ordinance states that all food establishments must be certified in food handling and approved by the Board, " stated Ms. Conboy. Mr. Brunetta asked what the criteria for a food handlers course is? Ms. Conboy stated that it does not spell out the criteria. Mr. Brunetta stated that if there are no guidelines - what level is his training based on? Dr. MacMillan stated that in the letter of January 25th, Ms. Conboy stated that Mr. Brunetta's course materials omitted a number of sanitation and food handlers topics which are important components of an effective sanitation course. Ms. Conboy stated that she has an outline for Mr. Brunetta. Mr. Brunetta wants to know what steps need to be taken to bring him into compliance. Dr. MacMillan asked if Mr. Brunetta would object to the Board monitoring one of his courses. Mr. Brunetta responded, "no" , he would not object. The Board suggested that Mr. Brunetta incorporate into his food handlers course the topics and issues for food handlers course as outlined by Ms. Conboy and bring back the amended course and if it fits these criteria, approval will be granted to teach the course. VAL'S DELI - 701 SALEM STREET: Ms. Starr informed the Board that Mr. Valentino from Val ' s Deli approached her and asked her if tables could come back and Mrs. Starr told him that the Board should deal with this. At this point during the meeting Mr. Osgood joined the Board. Dr. Rizza recalls that the Board took table privileges away from Mr. Valentino but did not remember why and neither did Mr. Osgood. Ms. Conboy questioned if a permit from the Selectmen is needed. Mr. Osgood said he did not think so. Ms. Conboy stated that Mr. Valentino was never allowed to put seating in by either the Selectmen or Building. Mr. Osgood stated that this is really not a restaurant - he' s just letting people sit down - he's not serving them and there are no waitresses involved, etc. The Health Secretary mentioned that she believes that either the Selectmen or Building has to approve she was not quite sure which Page 4 Minutes: February 18, 1993 one. Ms. Conboy stated that the number of seats is indicated on a common victualler's license. Dr. MacMillan suggested to have Mrs. Starr check with the Selectmen' s Office or Building Department but to note that the Board of Health has no objections. 78 EAST WATER STREET: At this point, Dr. MacMillan updated Mr. Osgood regarding East Water Street because Mr. Osgood joined the meeting late and did not get the update earlier in the meeting. 1993 FEE SCHEDULE CHANGES: Dr. MacMillan stated that aside from gaining increased revenue for the Town why are we going up on these fees? Ms. Conboy stated that she did a survey of surrounding communities and what their averages where and we are low. Dumpster Permits: A general discussion ensued in reference to the dumpster permitting process, time involved, and the fee charged. The Board agreed that there was a lot of unnecessary work and made the following motion: On a motion by Mr. Osgood, seconded by Dr. Rizza, the Board voted unanimously to repeal l - dumpster regulation effective January 1, 1994. Burial Permits: At the present time, the burial permit fee of $25. 00 is the highest in the area and a lot of Funeral Directors are complaining of the high rate. The average rate in the area communities is $5 - $10 dollars. The Board Members agreed to decrease the burial fee to $10.00. Mobil Truck- The Board agreed that the Mobil Truck fee stay the same. Food Service Reinspection Fee: Ms. Conboy stated that this would be a charge for an unnecessary reinspection. She stated that for the regular reinspection for violations there is no charge. Dr. MacMillan stated that a graduated fee would be reasonable. For instance, the first reinspection would be $25. 00 and the second reinspection $50. 00. If it is necessary to keep coming back then the charge will be Page 5 Minutes: February 18, 1993 more. The routine inspection and reinspection are no charge, but if they have not complied or have called to ask for additional time and a reoccuring violation is causing the inspector to come back an additional time an additional fee should be charged. Dr. MacMillan stated that if the first two inspections are free then the charge should be $50. 00 for the third one. The Board Members agreed to increase the Food Service re- inspection fee to $50.00. Recreational Fee: Mr. Osgood stated that this is a long, hard inspection. Ms. Conboy stated that she has to sit and go through all the files and inspect the entire camp. The Board Members agreed to increase the Recreational Camp Permit to $100.00. Well Permit Fee: The Board Members agreed to leave the well permit at $25.00. Animal Permit Fee: At the present time, the fee for all animals is $25. 00. Ms. Conboy mentioned that the fee is for three or more animals not including domestic animals. Ms. Conboy noted that if you have three or if you have twenty, the fee is $25. 00. Mr. Osgood stated that what will happen when, for instance, George Barker and he has 80 cows - are we going to charge him $80. 00 - this will be tough on a person who is farming for a living. The fee could go from $25. 00 to $800. 00 stated Mr. Osgood. The Board Members agreed to leave the animal permit at $25.00. Mrs. Nelson suggested sending a memo to Mr. Gordon in reference to the increases. Ms. Conboy suggested reprinting the fee schedule changes with the Board' s recommendation and pass it in to Mr. Gordon and then vote on it formally at the next meeting. 8 : 00 P.M. BERRY STREET - REQUEST FOR VARIANCE TO LOCAL REGULATIONS• Phil Christiansen, Engineer, was present on behalf of Kevin Stack. Mr. Christiansen wanted to meet with the Board before starting work for Mr. Stack because he believes variances are required from North Andover Regulations. Mr. Christiansen stated that Mr. Stack does not have a lot of money and he does not want to go ahead and do perc tests, designs, and file with Conservation if a variance is not granted. Mrs. Starr asked Mr. Page 6 Minutes: February 18, 1993 Christiansen if the wetland' s line changed much from the old plan. Mr. Christiansen said he had no idea. He stated that it is about 100 ' back from the road way. Mrs. Starr noted that Mr. Graf had some concern in the past as is noted in letters in the file. Mr. Osgood stated that even if the Board of Health grants this variance, you need to go before Conservation. Mr. Christiansen stated that if the Board of Health grants a variance to the 100 ' setback he believes it goes a long way in getting Conservation's approval . Mrs. Starr stated that a well has to placed on this lot. Mr. Christiansen agreed and stated that this is another issue - a well might have to be placed back in the wetlands. Mrs. Starr stated that there is another well in the area which impacts that as well. Dr. MacMillan stated that the letter from Mr. Graf states that the percolation rate is very, very slow and asked Mr. Christiansen how he would get around this. Mr. Christiansen stated that it is a matter of being able to design a system for it - it might be a two bedroom home. "There might be a lot of variances along the way with variances from Title V as well, " stated Mr. Christiansen. Mr. Christiansen stated that the real killer is the 100 ' setback from wetlands because he can not get 100 ' and be on the lot, there may be variance from slope requirements, he may have to use clay barriers - it may have to vary other health regulations i.e. minimum size systems, separations between trenches. Mrs. Starr mentioned that he may have to get Title V variances too particularly the breakout as noted previously. Mr. Christiansen stated that he can always get Title V variances. Mr. Osgood stated that he is not sure if a 50 ' variance has ever been granted by the Board of Health. Mr. Christiansen stated that he may be able to get more than 50 ' by pushing it out to the street more. Mr. Osgood stated that he was not sure if this lot is buildable and Mr. Christiansen agreed. Dr. MacMillan suggested that a temporary variance be granted in order to see what Mr. Christiansen can design. Mrs. Starr reiterated that the Board agreed to grant a temporary variance and when the Board gets a passing perc test they would consider looking at a plan and consider a variance to the 100 ' setback. The Board agreed. Page 7 Minutes: February 18, 1993 On a motion by Mr. Osgood, seconded by Dr. Rizza, the Board voted unanimously to grant a temporary variance and when the Board receives a passing perc test, the Board would consider looking at a plan and would consider a variance to the 501setback. 69 SOUTH BRADFORD STREET: Phil Christiansen, Engineer, and Guy Bardacino, Owner, were present. Mr. Christiansen stated that this system was designed in February 1990 and approved by Mike Graf. Mrs. Starr stated that a Notice of Intent and a Form U were signed back in 1990 by Mr. Graf. Mr. Christiansen stated that at the present time this system does not comply with the revised North Andover regulations. Mr. Christiansen stated that this plan only had 6 feet between the trenches for the reserve area and the new regulations require 4 feet between side walls which would bring us up to 11 feet between the trenches rather than the 6 feet. Mr. Christiansen stated that in addition to this the other complication is having to file with the State under the variance procedures. He stated that since this was approved, the State has a more formal variance procedure for Title V regulations. Mr. Christiansen stated that Chapter 111, Section 127P of the State code states that the regulations that apply to a property are those that were in effect at the time. Basically the subdivision was approved and Form A was signed for a period of three years. Additionally, it was said that if a form "A" was filed and there was litigation, then the regulations that apply, are the regulations that were in effect when the plans were originally filed. At the present time, Mr. Christiansen can not pull a permit on this system because there is no approval by the Board of Health. The variance to Title V are as follows: Distance to the leaching facility to the tributary to a reservoir is 90 feet instead of 100 feet. Distance of a leaching facility to a subsurface drain is 20 feet instead of 25 feet. The breakout which is 60 instead of 150. Mr. Osgood asked how did we approve this before? Mr. Christiansen stated that it has always been a repair. Mrs. Starr stated that even on a repair .there is a variance procedure that has to go in to the State for approval. Mr. Osgood stated that it was either a repair or tear the house down. Mr. Christiansen stated that the owner can not sell it Page 8 Minutes: February 18, 1993 because he does not have an approved system. Mrs. Starr stated that the notice of intent has also run out. Mrs. Starr stated that Mr. Doucette, Conservation Administrator said he only approve one lot and the Conservation Commission understood that 69 South Bradford would not be occupied until a sewer went down the street. Mr. Osgood stated that this is not the case. He stated that there were a couple of other lots that were not with the subdivision and the Board said that the other lots could not be developed without the sewer but it did not include this house. Mrs. Starr stated that for a repair you do not have to have a hearing with abutters but you still need to go through the regular variance procedures. Mrs. Starr stated that even on a repair, the State needs the variance specifically spelled out. Mrs. Starr stated that she knows that Conservation would have a big problem with this and a notice of intent has to be filed. Mr. Christensen asked if this can be issued as a temporary permit and Mr. Bardacino will give a guarantee as soon as the sewer is there he will tie-in to it. Mrs. Nelson stated that she has not commented because she would be taking a different position because it had a different turn of events from the Planning Board. Mr. Osgood asked her to explain. Mrs. Nelson stated that this went through the courts and the Planning Board decided to work with them on this proposal. Mrs. Nelson stated that it -was a court case with the Planning Board but this is not the case with Conservation Commission. She stated that the Conservation Commission could take a very hard line on this. Mr. Osgood stated that a lot of work went into this project so that it would not pollute the lake. Mr. Bardaicino stated that the person that is purchasing the property is a friend of his and he plans on going very slowly the renovation will take about two years and he plans on tying into the sewer. On a motion by Mr. Osgood, seconded by Dr. Rizza, the Board voted unanimously to grant the variances as a temporary repair subject to a final resolution that they hook-up to Town sewer as soon as it is available. Waste Oil Collection: Mrs. Pawelski, Secretary, stated that Everett Penney, the Health Administrator from Andover, called and wanted to join in with North Andover on their annual waste oil pick-up which is usually scheduled from March - October. She told Mr. Penney that she Page 9 Minutes: February 18, 1993 would check with Mr. Perna, Director of DPW, and the Board members and get back to him. Mrs. Pawelski stated that she called Mr. Perna and he had no idea as to what is going on and what to do. At the present time, the DPW is collecting the waste oil every Saturday at the DPW garage. Mrs. Pawelski informed Mr. Perna of the past procedure, i.e. duration - March through October, collect 50 cents/gallon, collected twice a month (second Saturday & second Wednesday) alternating with Andover/North Andover. There will be a need for someone from North Andover every other month. Mrs. Pawelski stated that Mr. Perna told her that he collects money only when they give it to him. Mr. Osgood stated that Mr. Perna is the one that came to a Board of Health meeting and said he wanted to do the waste oil pick-up. Ms. Conboy stated that she thought they were no longer going to collect money. Mrs. Pawelski stated that if money is collected it should go into the general fund. Mr. Perna told Mrs. Pawelski that there will be some equipment he may need, i.e. uniforms. Ms. Conboy stated that Mr. Perna wants the Andover Board and North Andover Board to help out year around every Saturday. Mrs. Pawelski corrected Ms. Conboy by saying that is not what Mr. Perna wants. He wants to know what the Board wants to do, and he wants the Board to make the decision. Dr. MacMillan stated that what Mr. Perna needs is some direction from this Board as to what to do, and he suggested to continue to go from May to October at a nominal fee and it should be directed to the general revenue. Dr. MacMillan stated that if Mr. Perna would like to do it on his own after October and through April he should provide the services. The Board Members agreed that the waste oil collection be held from May through October at a nominal fee. Watershed Project/Regulation: Ms. Conboy asked the Board if anyone had a chance to read through the proposed watershed regulation and if they have any comments. The regulation is still in the draft draft. Mr. Leyland stated that he would like any input or comments from the Board members. Mr. Osgood stated that when a regulation states there is to be a fine of $100. 00 per day for non-compliance, people are opposed to it and they do not want hear that. "People find this intimidating, " stated Mr. Osgood. Mr. Leyland stated that what it comes down to is - what do we Page 10 Minutes: February 18, 1993 want to accomplish - the long term goal is to get every house in the watershed on sewer. Dr. MacMillan suggested deleting the $100. 00 fine and stating that there would be a fine appropriate. The Board agreed to delete 8 . 3 , 8 .4 & 8 .5. Mr. Osgood stated that Title V gives us all sorts of enforcement. Ms. Conboy stated that this regulation does not require repairing a failed system, this is requiring the pumping of tanks every two years. Dr. MacMillan stated that what this regulation is stating is that we are requiring that everyone pump their system every three years. Ms. Conboy stated that if the Board is serious about passing this regulation one of the things that the Board has to look at is if twenty or thirty people do not comply are we actually going to enforce it and have hearings and do we have the man power to enforce it. She stated that we can not pass this regulation and then forget it is there - it is not worth it. Mrs. Starr agreed with Ms. Conboy. Ms. Conboy stated that one of the things you can do is to say the owner would be subject to an administrative hearing with the Board of Health and possible fines but can the Board of Health impose a fine on someone. She asked, "can we do that"? Dr. MacMillan suggested getting Town Counsel ' s recommendations. Mrs. Nelson suggested that when the final draft is done we can bring it before Mr. Gordon. Dr. MacMillan stated that there is nothing in the State Regulations that force any compliance, so the Board of Health needs to state that at the complainant persons ' expense, the Board of Health shall take any legal action necessary to enforce this bylaw. Averka Property Update: Ms. Conboy stated that Simmons Environmental Services, Inc. did the testing and at the present time we are waiting for results. Their court hearing is scheduled for March 4th. Mr. Osgood stated that he, Mr. Doucette, Conservation Administrator, and Kathleen Bradley observed the testing with Simmons Environmental Service. Mr. Doucette took pictures and soil samples were taken and are in the Board of Health refrigerator. Page 11 Minutes: February 18, 1993 Mr. Osgood stated that Simmons Environmental dug six holes approximately 10 feet deep down to the original soil. Mr. Osgood stated that if there is nothing in there that is hazardous, we're going to leave it there. Rabies - Dr. Atwood: Ms. Conboy asked Dr. Rizza if he obtained the information from Dr. Atwood that the Board requested from their last meeting. Dr. Rizza responded "no" . Ms. Conboy stated that she will call Dr. Atwood herself and obtain all the necessary information about the rabies clinic. Ms. Conboy stated that awhile ago Mrs. Northam, the Animal Inspector requested that the Board of Health get money out of their budget for her to receive the rabies vaccine and then she decided against it. Ms. Conboy stated that Dr. Atwood would the Board of Health to get money for him to receive this vaccine. Ms. Conboy stated that there is money in the budget for this. Ms. Conboy stated that she does not know where it was applied to the budget but believes Dr. Atwood should receive this. The Board Members agreed that Dr. Atwood should be immunized against rabies and to send a note to Mr. Gordon on their recommendation. Lake Cochichewick Water Testing: A lengthy discussion ensued in reference to the Lake Cochichewick Water Testing Project and the involved duties of the Health Administrator in this project. ADJOURNMENT On a motion by Mr. Osgood, seconded by Dr. Rizza, the Board voted unanimously to adjourn at 9:45 p.m. Clerk, Board of Health