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HomeMy WebLinkAbout1994-04-28 Board of Health Minutes Y-C BOARD OF HEALTH MINUTES APRIL 28, 1994 MEMBERS PRESENT: Francis P. MacMillan, M.D. , Chairman, John S. Rizza, D.M.D. , Gayton Osgood, and Sandy Starr, Health Agent. 7:15 P.M. - LOT #3 BERRY STREET - CHRISTIANSEN & SERGI• Phil Christiansen, Engineer, was present representing Kevin Stack, the property owner who was also present. Mr. Christiansen requested to come before the Board for the following two (2) variances to the North Andover Minimum Requirements for the Subsurface Disposal of Sanitary Sewage: 1) a setback variance to the wetlands, and 2) a separation variance from the reserve area. Mr. Christiansen stated that he went ahead and did the percolation tests and did a survey of the property and developed a plan. The perc test rates were 2 minutes per inch and 7 minutes per inch, design at a rate of 8 minutes per inch. Mrs. Starr stated that this area was perced quite a bit with a rate of 20 to 25 minutes per inch which would require a larger system than the one presented on the current plan. Dr. MacMillan mentioned that one trench would not be adequate. Mrs. Starr responded, "that is correct" . Mr. Christiansen stated that he thinks as a design engineer and he did the testing, the way it should be done, that is the rate that he gets. Mrs. Starr did not witness these older tests. Mrs. Starr mentioned that the statute of Title V regulation that the slowest perc rate achieved has to be used for the design. Dr. MacMillan stated that he walked this property last Saturday and stated that it was a very poor piece of property to build on. Mr. Christensen stated that he_ has to agree; it ' s not a great piece of property- but stated that it is the only asset Mr. Stack has. Mr. Osgood stated that if this was an ideal lot, i.e. good soils and you were looking for a variance, the Board would not have a problem. But right now we are talking about a marginal lot to start with stated Mr. Osgood. Mr. Christiansen mentioned that the system meets Title V. Mr. Osgood stated that it does not come close to the North Andover regulations. Mrs. Starr stated that it does not meet Title V if you use the slowest rate that was perced on that property. Mrs. Starr believes that that is the way DEP would interpret it. Aside from the peres, Mr. Osgood still has a problem with the lot. Page 2 Minutes: April 28, 1994 Mr. Christensen stated that if it meets the requirements of Title V, then it protects public health, and protects the wetlands. The Board members all agreed that they are fairly open to variances and are very liberal when it come to 10 ' or 20 ' from the wetlands but 50 ' is too much. The Board Members agreed that this is an unbuildable lot. Many abutters were present and discussed their concerns and objections to this lot being approved. On a motion by Mr. Osgood, seconded by Dr. Rizza, the Board voted unanimously to deny the variance to Lot #3 Berry Street. Mr. Christensen requested the Board send a letter stating why specifically it was denied, i.e. 50 ' from the wetland is too close, and the fact that it is a marginal lot. Other Business: 99 Meadowview Road - Discussion: Mr. Gohn, the potential buyer, was present. Mrs. Starr stated that this is not an agenda item but she wanted to discuss this informally to see what the possibilities are. Mrs. Starr stated that there is a failure at 99 Meadowview Road. Effluent has been leaking out. Mrs. Starr stated that she checked with Bill Hmurciak and the sewer is going up to up in that area and will end right about the end of Woodcrest this phase, but there is a possibility they might extend it and pick up 99 Meadowview. If the sewer is not extended that far, it will probably be a year stated Mrs. Starr. Dr. Rizza mentioned that if there is a problem why can't we just ask Bill Hmurciak to extend that phase. Mrs. Starr responded because it cost money. Dr. MacMillan asked if the system could be repaired, or a temporary repair or does he have to pump the tank every month. Mrs. Starr mentioned that he would have to use the septic tank as a holding tank and plug it so nothing could reach the leach area which would require a lot of pumping. Mr. Osgood mentioned that it would cost him a fortune. Mr. Osgood asked Mrs. Starr if there was a way to put in a system? Mrs. Starr mentioned that there might be and this is what she wanted to discuss. Mrs. Starr stated that if a system was put in and did a repair she wanted to find out if the Board would be willing to waive the time that he would have to tie-in to sewer. Dr. MacMillan asked if the present owner is willing to pay for the repair in order to sell the house. Mr. Gohn, the potential Page 3 Minutes: April 28, 1994 buyer, stated that the owner is willing to do anything the Board decides. Mrs. Starr mentioned that the present system was put in in 1985 and failed in 1987 . Mr. Gohn stated that original owner in 1970 had a failed system in 1972 . Mr. Osgood suggested asking Bill Hmurciak if it could be pumped to the sewer. Dr. MacMillan asked what about now, if he has effluent coming out. Mrs. Starr mentioned if he has pits, we can have the pits pumped as well as the tank. Dr. MacMillan asked if that was expensive? Mrs. Starr responded, "yes" . Mrs. Starr stated that the ejector pump is expensive too. But it works, stated Mr. Osgood. Dr. MacMillan stated that the sewer will not be there until September, so what do we do in the meantime? Mr. Osgood stated that they could pump it until September. Dr. MacMillan stated that he would have to have his system pumped every month. Mrs. Starr stated that she could call the owner and ask him to get an engineer out there and take a look at it and see if he could come up with some ideas. Mrs. Starr suggested to the Board Members that she call the owner and recommend that he call an engineer. APPROVAL OF MINUTES - 3/17/94: On a motion by, seconded by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously to approve the minutes of 3/17/94 as written. North Andover's Annual Rabies Clinic - Saturday, May 14, 1994- 9:00 a.m. to 11:00 a.m. at the Old Center Fire Station: A short discussion in reference to the upcoming rabies clinic. For informational purpose only. Update - Emergency Procedure for the Elderly: Mr. Osgood updated the Board Members on his recent meeting with a representative from the Police Department , the Fire Department, and the Housing Authority in reference to an emergency procedure for the elderly. A brief discussion ensued in reference to developing a plan for evacuation in case of an emergency (i. e. power outage) which would involve the Board of Health to some extent. Mr. Osgood stated that they want the Board of Health Nurse to be involved. Page 4 Minutes: April 28, 1994 Mr. Osgood stated that this is something that is not going to happen often, if ever, but they want a plan in place. Mr. Osgood stated that he spoke with Ginny, the Board of Health Nurse, and she did not mention she wouldn't do it. There will be instances where The Board of Health Physician will be called stated Mr. Osgood. Mr. Osgood suggested, at the meeting, to use the Board of Health Physician only as the last resort. Mr. Osgood stated that they want to have a plan in place. Mr. Osgood stated that, at the present time, they're trying to get information as to where are they going to put the people, how many of the people have families, and then they will be able to figure out how many people are left to worry about. Dr. MacMillan asked if the Housing Authority will be surveying the elderly community to see who has what needs, etc. and then develop a contingency plan on that basis, is that correct? Mr. Osgood responded, "yes" . Mrs. Starr stated that this is something that has been talked about at the Local Emergency Planning Committee. At the last LEPC meeting, Mrs. Starr stated that they discussed the possibility of earthquakes, because Massachusetts is in a fault zone and it is expected that we will have a major earthquake. Mrs. Starr stated that this is something that we have to keep in mind because it won't be a matter of just this area. Dr. MacMillan mentioned that Civil Defense would be involved in that, is that correct? Mr. Osgood responded, "yes" and civil defense is involved in this too. An abutter, present for another agenda item, suggested to set up a time for the elderly to introduce them to the local firefighters and the equipment they use. Update - Food Handler's Course: , Mrs. Starr gave the Board Members an update of the upcoming Food Handlers Course. The class begins on Tuesday, May 10, 1994 @ 6: 30 p.m. at Spyro' s Restaurant and will run through June 14 , 1994 . Mrs. Starr stated that Mr. Steve Turner will be running the course for a fee of $100 . 00 per applicant which includes the book and all training materials. Mrs. Starr stated that she contacted the directors in Methuen and in Andover to see if anyone was interested in attending the course. Dr. MacMillan asked Mrs. Starr if the Board of Health is going to request that every food establishment in North Andover send a representative. Mrs. Starr stated that in 1990 a regulation was passed that someone from every food establishment has to be Page 5 Minutes: April 28, 1994 certified. Dr. Rizza asked Mrs. Starr, "how long does a certification last"? Mrs. Starr stated that theoretically, forever, however, there have been changes and probably anyone before 1988 should be re- certified" . They wouldn't have to do the complete class but they should take refresher courses stated Mrs. Starr. All Board Members agreed that this is a great course to offer food establishments in North Andover and is great for the Town. 7.45 P.M. - LOT #2 JOHNNY CAKE - OSGOOD/BARBAGALLO: At this point, Mr. Gayton Osgood removed himself from the meeting. Mr. Ben Osgood was present and stated that with a variance of 52 feet he believes this is a buildable lot. Ben Osgood mentioned that they have met all the Conservation Commission requirements although they have not put down and order of conditions yet, but believes he has submitted all the information they need in order for them to develop the lot under Conservation laws. Mr. Ben Osgood does not see any problems developing the lot except for crossing the wetland which makes it a little tough as far as scheduling and getting access. Dr. MacMillan mentioned that Title V gives you access to fill in to make a road right across the wetland. Dr. MacMillan stated that he visited this site the other day and stated that this is a swamp. Will you be able to fill this in asked Dr. MacMillan? Mr. Ben Osgood stated that Title V allows you to access property that is unaccessible by any other means except crossing the wetlands. Mrs. Starr mentioned that that is more in Conservation and that is a decision that they still have to make. Dr. MacMillan asked Mr. Osgood if he has considered a clay/cement barrier to prevent seepage towards the wetlands? Mr. Osgood stated that it is not shown on the septic plan but at the last hearing he mention that he could put a clay barrier. Mr. Osgood stated that the septic is actually below the wetlands, however, he can still put the clay barrier along the system so that anywhere that it is less than 100 feet from any point on the system to the wetlands you would have to pass a clay barrier to get to the wetlands. Mr. Osgood stated that that insures that no water is going to travel less than 100 feet to the wetlands. Mr. Osgood stated that he plans on using bentonite clay barrier Page 6 Minutes: April 28, 1994 and bentonite is a material that is very light and it gets wet and then drys it swells up. This is used to waterproof tunnels and to close tops of wells stated Mr. Osgood. Many abutters were present and a lengthy discussion ensued in reference to their concerns, i.e. run off, removal of trees, lot wet and swampy, flooded basements. All abutters spoke against approving this variance. Dr. MacMillan stated that he walked the land and had great concerns with the run off and the land was wet and swampy the entire area. Dr. MacMillan stated that he thinks that a 52 foot variance is a major variance and you're just asking for trouble by developing this lost. Dr. MacMillan stated that this is his opinion, therefore, he would vote to deny this variance. Dr. Rizza stated that his only concern is that in the past the Board has been pretty lenient as far as 10/15 foot variances but a 52 foot variance is little too much. Dr. Rizza stated that he would also vote to deny this variance. On a motion by Dr. Rizza, seconded by Mr. MacMillan, the Board voted to deny the variance. Mr. Gayton Osgood was not present during this presentation and did not vote on this decision. 8.15 P.M. - 12 HARKAWAY - MARIA GRAF OWNER AND LAUREL JARAMELLO, TENANT: Maria Graf, owner of 12 Harkaway was present. Mrs. Starr stated that Laurel Jaramello, Tenant was suppose to be here but had to work. Mrs. Starr stated that Mrs. Jaramello called her in reference to problems she was having. Mrs. Jaramello told Mrs. Starr that she spoke with her landlord, Maria Graf, and the problems have not been repaired for several weeks. At this point in time, Mrs. Starr went out and did a house inspection at 12 Harkaway which there were many violations noted. At the present time, the tenant is not allowing workers in to repair the violations noted by Mrs. Starr. Ms. Graf stated that she went to housing court today and received a restraining order. Ms. Graf stated that Mrs. Jaramello has threatened to sue her because her daughter fell and got hurt on one of the stair treads. Mr. Osgood stated that all the Board of Health can do is go in and 'inspect the premises after all the repairs are done and Page 7 Minutes: April 28, 1994 certify that it is a habitable unit. At the present time, the tenant is holding rent in escrow. Ms. Graf stated that the tenant is holding four (4) months rent. Ms. Graf needs some of that rent money to make the repairs. Mrs. Starr stated that legally the Board of Health can not ask the tenant to use the money in escrow for repairs, Ms. Graf's lawyer would have to handle that. However, Mrs. Starr suggested that the Board Members write a letter making it clear that Ms. Graf is complying with the Board of Health requests and that Mrs. Jaramello has to allow access. Dr. Rizza stated that he'll be willing to put that in the form of a motion. Dr. MacMillan mentioned that the Board of Health should not have to entertain that because wherever the money comes from is not the Board of Health' s concern, the Board of Health has no jurisdiction over the money involved and the releasing of monies for repairs. Dr. MacMillan mentioned that Mrs. Starr can suggest anything she wants but the Board of Health should not get involved, the Board of Health has no legal authority. Mrs. Starr stated that she will send Mrs. Jaramello a letter requesting that she allow access and as soon as the Board of Health certifies that the unit is fit for habitation the rent held in escrow should be released to Ms. Graf. LACONIA/ESQUESTRIAN DRIVE: Dr. MacMillan stated that all Board Members agreed that the Lot #20A Laconia/Esquestrian Drive is an abominable lot. Dr. MacMillan suggested that Mrs. Starr tell Tom Neve. 1715 GREAT POND ROAD - REQUEST FOR AN EXTENSION - DESIGN APPROVAL: Mrs. Starr stated that plans were approved in September 1992 and the owner is requesting an extension of one year which would be September 1995. On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously to allow an extension of one year with no further extensions. DRAFT POLICY - STREAM LINING: Dr. MacMillan updated the Board on a packet he received in reference to permit process and stream lining and proceeded to read the letter from Mr. Gordon. Page 8 Minutes: April 28, 1994 The letter requested the Board of Health Member's input on the draft policies and to respond by Friday, May 14 , 1994 . Dr. MacMillan asked the secretary to make copies for the other Board Members and if they have any objections, please respond to Mr. Gordon. ADJOURNMENT On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously to adjourn. Gayton Osgood, Clerk