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HomeMy WebLinkAbout1994-01-27 Board of Health Minutes BOARD OF HEALTH MINUTES JANUARY 27, 1994 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, Sandy Starr, Health Agent, and Robert Leyland, Health/Environmental Inspector. 7: 15 P.M. - LOT #2 JOHNNYCAKE ST. - OSGOOD/BARBAGALLO• As the discussion started, Mr. Osgood excused himself from the meeting. Dr. MacMillan asked Mrs. Starr if she had observed the property recently? Mrs. Starr responded that she wouldn't observe it, but as far as reviewing the plans completely she has not done that. Mr. Ben Osgood, Jr. and Joe Barbagallo, Registered Sanitarian came before the Board to discuss the request to allow construction of a subsurface disposal system at a distance of 52 feet from the bordering vegetated wetland existing on the edge of the lot. The regulations state in Section 4 . 18 that a 100 foot distance is required. Mr. Barbagallo stated that there is very little danger of any effluent ever approaching the closest point of a wetland. Dr. MacMillan asked Mrs. Starr if the deep holes were done and if there were acceptable. Mrs. Starr responded, "yes" . Mrs. Starr stated that she might need another deep hole to check for ledge. Mr. Barbagallo stated that it is a three bedroom house. Mrs. Starr reiterated that the Board Members granted a variance to this at a previous meeting. Mr. Barbagallo mentioned that he doesn't think it is necessary, but another alternative is to install a barrier as an added protection. Dr. MacMillan mentioned that there is some new information in reference to all the property on Johnnycake Street. He stated that it is apparently wet in that area and there have been some failures because of the wetness. Mr. Barbagallo stated that if any septic system is going to work for an extended period of time it would be this one because more than what was required was given. Mrs. Lowe, an abutter was present and stated that Mr. Barbagallo makes it sound like this piece of property is staying the same; Page 2 Minutes: January 27, 1994 it is not. She stated this is a very dynamic piece of land, wetlands are up there, the areas have changed, and Mr. Barbagallo states that the water levels always go in the same direction. She stated that she lives next door and it does not go in the same direction and it did not go in the same direction last fall or last spring. Mrs. Lowe stated that her neighbor, two doors up from her, the one that wrote the letter of opposition, when her septic system failed - the Board of Health made her do back hand springs to correct it. Several abutters were present expressing their opposition to the project. A letter was submitted by the Conservation Commission expressing their opposition to granting a variance allowing a septic system to be built within 52 feet of a wetland. The Conservation Commission expressed that such a decision by the Board of Health would set a dangerous precedent and render the Town's 100 foot setback meaningless. The Board Members expressed their concern after learning of the Conservation Commission's strong opposition. Dr. MacMillan stated that he feels uncomfortable granting this variance and he wants to talk with Conservation. Mr. Barbagallo stated that as far as the septic system is concerned - it is a physical impossibility for the effluent to ever reach that 52 foot point because sewage does not flow up hill and the bottom of that septic system is two feet below it. Several abutters were present expressing their opposition. Mrs. Starr stated that she would like to point out that if this system was going according to the State code, the design would meet all the requirements. Mrs. Starr stated that North Andover Regulations require a large slush factor. She stated that if it was straight Title V - there would be no problem with this system. Dr. MacMillan stated that he feels very uncomfortable in granting this variance and that he personally does not feel a variance should be granted at this point. Dr. MacMillan stated that he thinks it is too risky and he would like to get some input from Conservation. On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to table this variance until the March 24th meeting for reasons expressed above. Page 3 Minutes: January 27, 1994 Ben Osgood, Jr. spoke on the owner of the property's behalf and stated that it was always a buildable lot until the permits expired. He stated that it would be a hardship for the owners to lose the lot because the stringent local regulations are more stringent than the State regulations. Dr. MacMillan asked Mrs. Starr where the wetlands drain to. Mr. Osgood responded by indicating a head water wetland on the map and stated that it drains down along the lot line across an abutters lawn into a large wetland, very vegetated swampy area, and then runs through a pipe under the road into another large area and crosses Johnny Cake Street again into the Raleigh Taven Pond - between Raleigh Taven and Carlton Lane and it goes across Carlton Lane into the Harold Parker State Forest area. Dr. MacMillan mentioned that it drains away from our water supply. Mr. Osgood responded that is correct. Dr. MacMillan stated that he still feels the same and wants to get some information from the Engineers and Conservation and perhaps the Board will grant the variance with the barrier but he feels it is too touchy right now. Other Business: Approval of Minutes - 12/30/93: On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously to approve the minutes of 12/30/93 as written. Watershed Pumping Update: Mr. Leyland gave a brief update on the status of citizen compliance with the Watershed Septic System Pumping Regulations. Continued Discussion - Sewer Tie-In: A continued discussion ensued regarding mandated sewer tie-in. Mrs. Starr stated that Conservation and DPW felt that three (3) years was too much, they would like to see two (2) years. Dr. MacMillan asked Mrs. Starr if Conservation gave any reasons why two (2) years instead of three (3) years. Mrs. Starr stated that the point is they should have tied in immediately so why give them another three years. At this point in time, Mr. Doucette, Conservation Administrator, was on his way to attend a meeting on CIP, and the Board Members asked him to join them and wanted to hear his point of view on Lot #2 Johnny Cake. Page 4 Minutes: January 27, 1994 Lot #2 Johnny Cake Continued: Dr. MacMillan gave Mr. Doucette an update as to what transpired earlier in the meeting. Mr. Doucette first pointed out that Mr. Barbargallo is not an engineer, he's a sanitarian. Mr. Doucette stated that there is more downhill to the front of the lot than to the side where they are close to the wetlands. Mr. Doucette stated that he has not seen the re-design but the plan he saw had the wetland line going through the reserve area. Mr. Doucette stated that the Commission's position was that if the Board of Health is going to grant a variance down to 48 feet, why even have 100 feet. Dr. Rizza explained to Mr. Doucette that the Board agreed to table this matter until March. Dr. Rizza asked Mr. Doucette to address the issue on sewer tie- in. Dr. MacMillan asked Mr. Doucette why two years rather than three years - what are the critical reasons? Mr. Doucette asked what the cost is to tie-in? Mrs. Starr reponded that it depends- there is a $1, 000 tie-in fee, the constractor's fee (this the actual fee to tie-in the line and this depends on the length of the drive way and the frontage) which could cost up to $10, 000. There are situations where plumbing has to be changed. Mr. Doucette stated that he would be in favor of increasing the time allotted to tie-in if the cost is over a certain amount or if the age of the system is less than a certain amount of time. Mr. Osgood suggested stating two years unless you come before the Board with a hardship and then the hardships will be judged on a case by case basis. Mr. Osgood stated that if people felt they had a hardship they should appeal to the Board for an additional year. Mr. Doucette stated that that would be worthwhile if the Board defined for themselves as much as they could - what is the basis for hardship, if it is cost, then set a threshold. Mr. Doucette stated that his concern is, if the Board opens up for a hardship, the Board of Health will turn into the Zoning Board of Appeals, where anything is accepted as a hardship. Mr. Doucette believes the Board should have some idea of what a hardship is. Mr. Osgood stated that his experience is that there is more hardship out there than we think, we can not guess in advance. Mr. Doucette pointed out that he has also seen a few people who come forward pleading hardship and don't have one. Mr. Doucette pointed out that a lot of people will not want to go through the hassle of coming before the Board. Page 5 Minutes: January 27, 1994 Mr. Doucette left the meeting at this point. Mr. Leyland questioned the State Law, and Mr. Osgood stated that the State Law says, "the Board of Health may require people to tie-in" - it does not say we have to. On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously, on the recommendation of the Conservation Commission, to have residents outside the watershed to tie-in within two (2) years instead of three (3) years and there will be opportunity for residents to discuss hardship cases and if granted, an extention of one year will be given. Discussion - Adopting a Regulation to Tag Animals with Identification: Recently, the Board of Health discussed with the Board of Selectmen about creating a Town By-Law which would be a real cumbersome project. Mr. Osgood stated that both Boards agreed that it would be much easier to do it with a Board of Health Regulation instead of a Town By-Law. Mrs. Starr stated that when she was in the process of putting something together, the more she wrote, the more she realized that this is going to be involved. Mr. Osgood stated that Dr. Atwood is not trying to institute some sort of complicated licensing procedure. He stated that it might be as simple as the Board of Health getting in touch with the local veterinarians and asking them to provide a tag or place where people can get a tag and an informational sheet explaining to them why it is so important. The Board agreed to send a letter to area Veterinarians to express to their animal owners the importance of tagging and identifying their animals. In addition, to send out a press release expressing the same concern. Other Business: FY 195 Budget Discussion - Karen Nelson Director: Mrs. Nelson was present and a brief discussion ensued regarding the FY195 budget line items. 8:15 P.M. - DISCUSSION - LOT #20 LACONIA/EOUESTRIAN DRIVE - TOM NEVE: At the beginning of the meeting Mrs. Starr made it clear to Mr. Neve, the Engineer and the Board Members that this was just a discussion. Page 6 Minutes: January 27, 1994 Mr. Tom Neve was present representing Mike Pellegrini. Mr. Neve stated that this property was purchased in 1986 and at that time they intended to build on it but because of illness put it off until recently when they asked him to update the permits. The septic system was approved in 1985 and an order of conditions was given by the Conservation Commission in 1985. The permits expired and the owners were unaware of that. Mr. Neve stated that he is aware that he has to update the plan and conform to the new regulation. Mr. Neve stated that he would like to request two variances, 1) a setback variance to the wetlands, and 2) a seperation variance from the reserve area. Mr. Neve would be required to submit plans to Mrs. Starr, place a legal notice in the paper to hold a public hearing, notify abutters, and send a letter requesting to come before the Board. Dr. MacMillan and Dr. Rizza mentioned that a similar case came before the Board earlier in the meeting and their request was tabled until the March meeting. Mr. Neve stated that the only other thing that he could suggest to the Board is to install a clay barrier between the system and the wetland. Mr. Osgood stated the just because there are two request for variances before the Board with same distance from a wetland does not mean if you approve one you should approve the other because they can be completely different situations. Dr. MacMillan stated that if it looks like the system will work and not be a potential environmental hazard and it is not going to damage our water supply, the Board will probably rule in favor. Especially where people own this property and there is a hardship problem. 9: 15 P.M. - LOT #13 WAGON WHEEL ESTATES - VARIANCE REQUEST TO THE NORTH ANDOVER REGULATIONS: SECTION 214.4 - ED HUMINICK: Jim Grafoni was present. Mrs. Starr stated that just about a year ago, January 21, 1993 , Merrimack Engineering came before the Board and requested variances but apparently Lot #13 was overlooked. Mrs. Starr stated that the regulations require a minimum of 660 gallons and they have a total of 563 gallons which is based on the 165 gallons per bedroom. Mrs. Starr stated that it had been designed previously on 150 gallons per bedroom which was Page 7 Minutes: January 27 , 1994 acceptable. On a motion by Mr. Osgood, seconded by Dr. Rizza, the Board unanimously to grant the variance to Section 214.4. 8:15 P.M. - LOT #4 SHARPNER'S POND ROAD - PHIL CHRISTIANSEN: Phil Christiansen was present. Mr. Christiansen stated that soil testing was performed in 1987 and witnessed by Mike Graf. Testing was done again in 1990 and witnessed by Mike Rosati. Mr. Christiansen is requesting the Board to grant a waiver from North Andover Regulation 4 . 05. Mr. Christensen stated that the soil tests are now greater than two years old and the property had two soil tests, therefore, he is requesting that these soil tests not be re-done. On a motion by Mr. Osgood, seconded by Dr. Rizza, the Board voted unanimously to grant variance to North Andover Regulation 4.05. Mrs. Starr expressed her concern because she did not have any records that these tests were done at that time. Mrs. Starr has the records from 1987 done by Mike Graf but not the testing done by Mike Rosati in 1990. Mr. Christiansen stated that he will check his files and Mrs. Starr will call Mr. Rosati. Other Business: Discussion - Dumpster Regulation: A brief discussion ensued in reference to the dumpster regulations. Captain Pizza: Mrs. Starr gave the Board Members an update on Captain Pizza. Housing Inspections: Mrs. Starr expressed her concern for tenants and their complaints about poor housing conditions, and she asked the Board to make regulations allowing the Board of Health Agent to perform housing inspections. Mrs. Starr would like to perform preoccupancy checks to ensure that the landlord meets all codes. The Board Members discouraged Mrs. Starr, stressing the time involved in performing this task and her being only one person. Page 8 Minutes: January 27, 1994 ADJOURNMENT: On a motion by Mr. Osgood, seconded by Dr. MacMillan, the Board voted unanimously to adjourn.