HomeMy WebLinkAbout1994-10-27 Board of Health Minutes l =
BOARD OF HEALTH
MINUTES
OCTOBER 27, 1994
MEMBERS PRESENT:
Gayton Osgood, Chairman, Francis P. MacMillan, M.D. , Member, John
S. Rizza, D.M.D. , Member, Sandra Starr, Health Administrator.
Mr. Osgood called the meeting to order at 7 : 15 p.m.
APPROVAL OF MINUTES - 9/27/94:
On a motion by Dr. Rizza, seconded by Gayton Osgood, the Board
voted unanimously to approve the minutes of 9/27/94 as written.
7: 15 P.M. - MERRIMACK ENGINEERING - VARIANCE FOR LOT B SUMMER
STREET AND FOR OLD CART WAY
Les Godin from Merrimack Engineering was present and requested
that an informal discussion be held on Lot B Summer Street. (At
this point Dr. MacMillan arrived. ) Mr. Godin stated that there
were currently three variances requested for this lot and he
would like to reduce it to two variances. The three variances
were for wetlands setback, minimum septic system size and
capacity for new construction, and percolation rate. After
discussion it was decided that the variances which will be
requested will be for distance to wetlands (80 feet) and number
of bedrooms or minimum capacity. The lot is currently before the
Conservation Commission and Dr. MacMillan stated that any
variances would be contingent upon the wetlands line being
approved by Conservation. Mr. Osgood stated that he would like
to see a set of house plans showing that there would only be
three bedrooms and that this restriction would have to be
recorded on the deed. The final decisions were that approvals
were needed from the Conservation Commission, a firm plan needed
to be submitted, and house plans must be submitted.
Dan Betty was present with Les Godin for the discussion
pertaining to 3 lots in Wagon Wheel Estates, Lots 10, 11 and 15,
Old Cart Way. The requests were for variances to the distance
between the foundation drains to the leaching areas to be 25 feet
instead of 35 feet.
On a motion by Dr. MacMillan and seconded by Dr. Rizza, the Board
voted unanimously to grant the variance requests on Lots 10, 11
and 15 Old Cart Way.
DISCUSSION ON STAFFING:
Mr. Osgood asked about part-time help for the period of Secretary
Carol Pawelski ' s convalescence. Mrs. Starr reported that quotes
had been received from a temporary agency and from Ruth Lafond,
who has previously worked for the Board of Health and that these
quotes would be sent to Acting Planning and Community Development
Director, George Perna. The Board strongly urged that Ruth
Lafond be hired.
DISCUSSION ON THE AMERICAN HEART ASSOCIATION:
Mrs. Starr reported that she had been contacted by Pamela
Bachrach, Director of the Methuen Health Department and Claudine
LeBlanc of the American Heart Association about establishing a
branch of the American Heart Association in the central
Merrimack Valley. This region consists of the Andovers, Methuen
and Lawrence. A meeting was held in Methuen on October 25th with
the goal of disseminating information about the Heart Association
and gathering information from community workers on those people
who might be interested in becoming involved with the branch
establishment. Dr. MacMillan suggested Dr. Richard Goldman, and
Gayton Osgood suggested Kathleen Gorman. The Board is fully
behind this effort.
DISCUSSION OF TOBACCO REGULATIONS:
Mr. Osgood stated that after reading the three different
regulations from Andover, Milton and Lawrence he decided that he
liked Lawrence' s regulations best. Mrs. Starr agreed. Dr
MacMillan asked Mr. Osgood what, specifically, he liked about
them. Mr. Osgood replied that he thought they were better
written and that they covered everything but were not overly
strict. The Board felt that the important things such as not
being able to have free-standing displays, having vending
machines only in bars or areas where minors cannot go, etc. were
well covered. There was a question about seating limits in
restaurants, that perhaps fifty seats should be the limit beyond
which a certain percentage should be smoke-free. Dr. MacMillan
would like to see proper ventilation for smoking areas in
restaurants. The difficulties related to small restaurants were
discussed. Mr. Osgood suggested that wording be put in the
regulations that the Board of Health will be moving towards a
100% smoke-free environment in all restaurants by the year 2000 .
Dr. Rizza would like to see physical barriers between smoking and
non-smoking areas.
It was agreed to use fifty seats including those at the bar as
the limit line for non-smoking percentages, to request that the
Tobacco Coalition, Healthy Communities, be requested to put
together a proposed draft regulation based on Lawrence' s
ordinance for discussion. Also it was agreed that regarding
worksites, employers would have to provide-won-smoking areas and
delete the section in the Lawrence ordinance that mentions
expense. It was agreed that there should be allowances in the
regulation for variances because of the physical layouts of some
restaurants. Mrs. Starr suggested the possibility of encouraging
the smaller restaurants to have smoke-free nights.
Mrs. Starr suggested that Article X be adopted soon. The Non-
Criminal Disposition Act will have to be presented and adopted at
Town Meeting in the spring. Mr. Osgood stated that a decision
would have to made at some point whether the regulation should be
solely a Board of Health regulation or whether it should go to
Town Meeting. It was agreed to begin with a Board of Health
regulation and work towards a town bylaw.
OTHER BUSINESS•
Mrs. Starr reported that at the special town meeting on October
24, 1994 the new Watershed Protection Bylaw was adopted. This
allows for a 75 foot setback from Lake Cochiewick and its
tributaries in which nothing can be done; there are no variances
and the exceptions include only those activities necessary for
the maintenance of roads, sewer and town water. From 75 ' to 150
feet there can only be very limited activities by special permit,
and from 150 feet to 250 feet additional limited activites by
special permit. The Watershed District has been made to extend
400 feet from the Lake. Mrs. Starr reported that the new Title V
supports these changes. Mr. Osgood pointed out that we will have
to review our septic regulations in relation to the new septic
clode.
The next meeting will be held on November 17 , 1994 .
ADJOURNMENT
On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board
voted unanimously to adjourn at 8:45 p.m.