Loading...
HomeMy WebLinkAbout1994-06-23 Board of Health Minutes BOARD OF HEALTH MINUTES JUNE 23, 1994 The meeting was called to order at 7: 10 p.m. MEMBERS PRESENT: Francis P. MacMillan, M.D. , Chairman, John S. Rizza, D.M.D. , and Sandra Starr, Health Administrator. Mr. Osgood arrived at approximately 8:00 p.m. , and Dr. Rizza left the meeting at approximately 7:45 p.m. 7:15 P.M. - LOT A FOSTER STREET - VARIANCE REOUEST TO THE NORTH ANDOVER REGULATIONS; SECTION 4.18 - BEN OSGOOD, JR. : Mr. Gayton Osgood was not present at this hearing. Ben Osgood, Jr. was present representing New England Engineering Services. Mr. Osgood's firm designed a septic plan for Patrick Deveneau and Karen Martneau. Mr. Osgood stated that Patrick and Karen purchased this lot approximately one year ago and own it out right. The lot is approximately half way between Foster Street where it intersects with Winter and Wintergreen Drive. Mr. Osgood is requesting a variance to the required 100 foot setback to a wetland. The proposed distance is 55 feet. The lot is two acres in size and for the most part is high and dry stated Mr. Osgood. Mr. Osgood stated that this lot is in the flood plain although it does not show on the maps. Mr. Osgood stated that on surveying the lot it turns out that the flood plain basically covers the whole lot. Mr. Osgood stated that that caused him to raise the system up to a foot above the flood plain. Mr. Osgood stated that the flood plain is at an elevation of 124 and he designed the bottom of the system to 125. Mr. Osgood stated that in raising the system, he then could not put the system 25 feet from the property line, he had to move it in order to get the proper slope requirements which caused him to be 50 feet from the wetlands. Mr. Osgood stated that this is why they are 50 feet from the wetlands. Mr. Osgood is scheduled to go before the Conservation Commission on July 6, 1994. Mr. Bill Martineau, Karen's brother, spoke on her behalf and asked the Board Members to please consider granting a variance. Dr. MacMillan suggested taking a site walk with Dr. Rizza and make a decision after the site walk. Page 2 Minutes: June 23 , 1994 7:30 P.M. - LOT #20 LACONIA/EQUESTRIAN DRIVE - TOM NEVE- CONTINUATION• Steve Durso from Neve Associates was present representing the Pellegrini 's. This hearing is a continuation from the previous meeting on Thursday, May 26, 1994. Mr. Durso stated that additional testing was done and revised plans were submitted to the Health Department on Monday. Mr. Durso stated that based upon these plans 1) the clay barrier and break out problem on the previous plans has been resolved, 2) the system has been moved to a different location and found ground water at 3 1/2 feet lower 3) the system is now 81 feet from the wetland which would be one variance 4) the second variance would be 150 gallons per bedroom verses 165 gallons per bedroom. Mr. Durso stated that this is a four bedroom home. Mr. Durso stated that with the new plan they would not be submitting a variance to the State, it would be local variances. Dr. MacMillan asked Mrs. Starr what she thought and if she was happy with these plans? Mrs. Starr stated that she does not like the pits. Dr. Rizza mentioned that he has only one concern and that is the 150 gallons per bedroom verses 165. Dr. Rizza asked Mrs. Starr, is that a major issue? Mrs. Starr responded that the 165 is our local regulation which takes into account that most people have garbage grinders. Mrs. Starr stated that there would have to be absolutely no garbage grinders because that is our slush area and does tend to cause problems with the system. Mrs. Starr stated that if there is no garbage grinder she believes 150 is sufficient. Dr. MacMillan stated that according to what he recently read, the DEP after testing both systems felt that the trench system was not any better than the deep pit system as far as treating. Mrs. Starr stated that this is not what they have been presenting at the seminars. Attorney Lavoie was present representing abutters, Mr. & Mrs. Nichols. Attorney Lavoie spoke on their behalf and asked the Board Members to seriously consider whether this is a situation that warrants a waiver. On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to grant two variance; 1) Variance to the North Andover Regulations; Section 4.18 - Distances to wetlands; 2) Variance to the North Andover Regulations; Section 2.14 (1) - Design flow. Page 3 Minutes: June 23 , 1994 7:15 - REORGANIZATION OF BOARD MEMBERS: On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to elect Gayton Osgood as Chairman, Dr. MacMillan as Vice Chairman, and Dr. Rizza as Clerk. At this point in time, Mr. Osgood acted as Chairman. Next Board of Health Meeting Date: The Board Members agree to meet on the third Thursday in July. Dr. MacMillan will be away on the fourth Thursday. The next meeting will be held on Thursday, July 21, 1994 . g:00 P.M. LOT #2 TURNPIKE STREET - VARIANCE REOUEST TO THE NORTH ANDOVER REGULATIONS• SECTION 4.18 - BOB DALY: Mr. Robert Daly from Merrimack Engineering Services, Inc. was .present and requested to come before the Board to request a variance to the North Andover Board of Health Regulations Section 4. 18 - Distances. To allow the future expansion area of the septic system to be 92 feet from the wetland. Mr. Daly stated that this will be a single family house on a pump system. Mrs. Starr stated that she has no problem with granting a variance. On a motion by Dr. MacMillan, seconded by Mr. Osgood, the Board voted unanimously to grant a variance to the North Andover Minimum Requirements for the Subsurface Disposal of Sanitary Sewage Regulations; Section 4.18, Distances. Other Business: Approval of Minutes - 5/26/94: On a motion by Dr. MacMillan, seconded by Mr. Osgood, the Board voted unanimously to approve the minutes of 5/26/94 as written. Hepatitis B-- Update: Mrs. Starr stated that a few weeks ago it was brought to her attention that a few Police Officers wanted the Hepatitis B Vaccine. Mrs. Starr called the State to find out what the procedure and costs would be. After a brief survey it was learned that twenty (20) North Andover Police Officers wanted the shots. This number would require two (2) vials of vaccine. Page 4 Minutes: June 23 , 1994 Mrs. Foulds will administer the shots. Dr. MacMillan stated that three injections are required; one month apart then six months apart. Titers are not required anymore. Mrs. Starr stated that it cost $275. 00 per vial and each vial includes 10 doses. 24 Stonington Street - Housing Complaint - Update: Mrs. Starr stated that she received a call from Debra Nocco with several complaints, i.e. tub rotted out; rain water coming through the cabinets in the kitchen. Mrs. Starr investigated and found a number of violations. The owner is Augustine J. MacDonald. Mrs. Starr stated that she also noted on the inspection an asbestos pipe. Mr. Osgood asked Mrs. Starr if it was loose. Mrs. Starr responded "yes" . Mrs. Starr noted that she left a message with Mr. MacDonald to come before the Board. In the meantime, the contractor came in promptly with a signed contract. Mrs. Starr believes most of the .work should be done by tomorrow. Mrs. Starr stated that she will probably get a call for an inspection as soon as she comes back from vacation. Lot #1 Forest Street Extension - Update: Mrs. Starr briefed the Board on the following update. Engineers from DEP met with the applicant's engineer, Vaclav Talacko, and Board of Health Agent Sandra Starr on the site on Monday, May 9, 1994 . The purposes of this meeting were to observe the exploration of an additional deep observation hole and to observe another percolation test. The site conditions observed by the representives of the DEP and the Health Agent indicated that there exists approximately two (2) feet of top and subsoil, followed by only two (2) feet of what appears to be naturally occurring pervious soil. The regulations require a minimum of four (4) feet of permeable soil below the entire proposed system. This is underlain by fractured bedrock at a depth of approximately four (4) feet. This bedrock's geologic state enables it to be excavated using conventional excavation equipment and to drain the water used in the percolation tests (both recent and previous soil tests) at an acceptable rate Mrs. Starr mentioned that DEP denied the application and denied the lot. Mrs. Starr stated that they did appeal it and it's in the Attorney General 's office. Page 5 Minutes: June 24, 1994 142 Boston Street - Riccio: The Board Members received a letter from Mr. David Riccio and a letter from Mr. Riccio's attorney asking the Board Members to grant a waiver regarding the replacement of a septic system at 142 Boston Street. Mrs. Starr stated that Mr. Riccio has five bedrooms and he has a substandard septic system. Mr. Riccio has a 750 gallon tank and he does not have an occupancy permit for the new addition. Mrs. Starr stated that he does not have a sign off from the Board of Health. Dr. MacMillan asked if Mr. Riccio upgraded his septic system when he put on the addition? Mrs. Starr responded "no, no he did not" . Mr. Osgood asked Mrs. Starr when was the house built? Mrs. Starr stated that the septic system was installed in 1957. Mr. Osgood stated that that was probably an acceptable system at that time. Mr. Osgood stated that there is a difference between a system that was put in in 1978 to a 1978 code and a substandard system. .Mrs. Starr stated that this is what DEP states. Mrs. Starr read from Title V - 15. 027 - Building or Plumbing Permits - "no building permit, foundation permit, special permit, etc. shall be issued until a sewer entrance permit or Disposal Works Construction Permit has first been obtained unless the Board of Health determines that the existing sewer disposal system is adequate for proposed alterations or addition to an existing dwelling" . Mrs. Starr stated that he needs to update his system. Dr. MacMillan reiterated that he has five bedrooms but only three are in use. Mrs. Starr stated that that is not true because he said his daughter Melissa is living there. Mrs. Starr stated that this is something that DEP has to vary. Mrs. Starr stated that the minimum septic tank size is one thousand gallons, in no case will it be less than one thousand gallons. Mrs. Starr stated that a policy statement of April 1992 states that DEP has a policy of looking at all systems that have to meet the current code, there is no grandfathering. Mrs. Starr stated that it also stated that all systems regardless if they are functioning or not are expected to meet current code. Mr. Osgood stated that that is impossible. Dr. MacMillan asked Mrs. Starr what would make this system acceptable, to put in a new septic system? Mrs. Starr responded "yes, to put in a new system" . Mrs. Starr believes that the septic system is not adequate at the present time. Dr. MacMillan questioned Mrs. Starr in reference to Mr. Riccio concerns in his letter. Dr. MacMillan asked Mrs. Starr, "what happened?" Dr. MacMillan stated that the letter states many complications and unexplainable delays - what happen? Did Mr. Page 6 Minutes: June 23, 1994 Riccio just say the heck with it and just hooked it up to the existing system asked Dr. MacMillan. Mrs. Starr responded, "apparently so" . Mr. Osgood stated that apparently Mr. Riccio has some sort of medical emergency. Mrs. Starr stated that he received a setback variance from the Board of Appeals in April 1992 and did not contact the Board of Health until October 1993 . At this point in time, Mrs. Starr read the letter she sent the Board Members regarding the chronological report of this case. This letter will be included in the minutes as public document. Dr. MacMillan asked Mrs. Starr, "how are we going to correct this?" Mrs. Starr stated that it is still her feeling that he has to upgrade his septic system and any waiver to this he would have to go to the State. Mrs. Starr stated that Claire Holland at DEP said it is very doubtful that a waiver would be granted for this. Dr. MacMillan asked Mrs. Starr, "who told him he was able to get a waiver?" Dr. MacMillan asked Mrs. Starr if she .told him this, and Mrs. Starr responded "no I did not ' . Dr. MacMillan stated that the letter states that he was told by the Health Inspector. Dr. MacMillan asked Mrs. Starr if she told him he needed a new system, Mrs. Starr responded, "exactly" . Dr. MacMillan mentioned to Mrs. Starr that Mr. Riccio keeps mentioning in his letter that he wasn't dealt fairly by you. Mrs. Starr responded that he's probably just upset about his father having a stroke. Mrs. Starr stated that Mr. Riccio delayed in the whole action for two years and it's been a hassle for him and it is easy enough to blame someone else. Dr. MacMillan reiterated that there is no validity to the fact that you would not have been fair with Mr. Riccio or giving him information. Mrs. Starr stated that that was correct. Mr. Osgood stated that it seems to him that in some way we could have accommodated this man. Dr. MacMillan stated that Mr. Riccio says only 3 bedrooms are used and he would submit to an inspection. Mrs. Starr stated that at a minimum he should replace that septic tank. Dr. MacMillan asked Mrs. Starr, how much will it cost Mr. Riccio to replace the septic tank?" Mrs. Starr stated maximum $2, 000. Mr. Osgood stated that there is no evidence that the leaching area has failed. Mrs. Starr stated that she never looked at it. Dr. MacMillan suggested that Mrs. Starr examine the leaching area to see if there is any leakage. Dr. MacMillan stated that if there is leakage then the Board would have to reconsider and if there is no leakage and it is functioning fine, the Board should grant him a waiver until the house is sold. Mrs. Starr stated that it should go to DEP. Mr. Osgood asked Mrs. Starr, "does it Page 7 Minutes: June 23, 1994 have to go to DEP?" Mrs. Starr stated that is what DEP says. Mrs. Starr stated that number one - a building permit was necessary. Mrs. Starr stated that she called DEP and they stated this situation should go to DEP. Mr. Osgood stated that maybe we should speak with Mr. Riccio and see what the problem is. All Board Members agreed to send a letter to Mr. Riccio and request that he come before the Board on Thursday, July 21, 1994. 9:00 P.M. - LONG PASTURE SUBDIVISION - REOUEST TO ACCEPT RESULTS OF PERC TESTS AND GROUND WATER TESTING PREVIOUSLY PERFORMED- PHIL CHARISTIANSEN• Mr. Phil Christiansen, Engineer, and the owner' s son-in-law Ren Crete were present. Mr. Christiansen requested to come before the Board to request to accept results of perc tests and ground .water testing previously performed. The owner of the property is Letha Flynn. Mrs. Flynn had all the property sold providing all the permits were paid. In 1986 a subdivision was approved for 7 lots and then Conservation turned down the project. Then they appealed to the DEP and then DEP upheld their position. A lengthy discussion ensued in reference to the history of the Long Pasture and the number of test pits completed on the 20 acre property. Mr. Osgood had one concern - the plans presented before the Board Members now are not the plans that are going to be. Mr. Osgood asked Mr. Christiansen, "at this point in time, you do not know what you are going to put out there, is that correct?" Mr. Christiansen responded, "right" . Mr. Christiansen stated that there will be 9 lots on 20 acres. Mr. Osgood stated that he would feel a lot better about this if a new plan was submitted that showed some signs that it is going to be approved with the nine lots and indicating where the test pits are according to the new plan. Mr. Osgood stated that then the Board could make some decision according to the new plan and the locations of the test pits. Dr. MacMillan stated that the Board has to know where the test pits are in reference to the lots. Mr. Christiansen stated that he would be happy to submit a new plan with test pits shown and bring it before the Board for their decision. Dr. MacMillan made note of all the abutters objections in 1987. Mr. Osgood gave copies of all the abutters objections to Mr. Page 8 Minutes: June 23 , 1994 Christiansen to look over. Mr. Christiansen agreed to submit new plans. Installer's License: Mrs. Starr stated that she understood that when the Board of Health issues installer's license they are issued to the individuals and not for other people to work off their license. Mrs. Starr suggested that a letter be sent to all license installer's in North Andover stating that the Board does not allow people working off their licenses. The license installer should put in the system and they should be monitoring what is going on. If this is not adhered to, their installer's license will be suspended. Dr. MacMillan agreed that everyone that is licensed in the Town of North Andover should get a letter stating that no one can work off their license and that they are responsible for the installation. Mr. Osgood suggested that Mrs. Starr draft a letter and bring it before the next Board Meeting. Alternate Member for the Board of Health: Discussion ensued in reference to having an alternate member to the Board of Health. Mr. Osgood stated that there is no provision in the Massachusetts General Law for an alternate member. ADJOURNMENT On a motion by Dr. MacMillan, seconded by Mr. Osgood, the Board voted unanimously to adjourn at 9 : 15 p.m. John S. Rizza, D.M.D. , Clerk