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HomeMy WebLinkAbout1995-02-23 Board of Health Minutes 1 BOARD OF HEALTH MINUTES FEBRUARY 23, 1995 Mr. Osgood called the meeting to order at 7 : 20 P.M. MEMBERS PRESENT: Gayton Osgood, Chairman, Francis P. MacMillan, Member, John S. Rizza, D.M. D. , Member, Susan Ford, Environmental/Health Agent, and Sandra Starr, Health Administrator. 7 : 15 P.M. - RICHARD YOUNGSTRON - DANA FARBER HOSPITAL - TOBACCO CONTROL: A lengthy discussion ensued in reference to second hand smoke. Other Business: Padellaro - 193 Berry Street: A lengthy discussion ensued in reference to a failed system at 193 Berry Street. Mr. Padellaro, the owner, was present speaking on his behalf. Mr. Padellaro stated that he just purchased the home at 193 Berry Street four (4) months ago and realized that he has a failed system. At that time, he went to the Board of Health for assistance. Mr. Padellaro said that the septic system is leaking right now. The tank is a 750 gallon tank and Mr. Padellaro would like to replace and increase the size of his septic tank from a 750 gallon tank to a 2500 gallon tank. Mr. Padellaro stated that his septic system is backing up right now and he is having it pumped every two weeks. Ms. Starr mentioned that this is a very long and involved situation because of wetlands and that there isn't any leaching system. Ms. Starr mentioned that it looks as though someone drove through it at one point. Ms. Starr suggested that it be tight tanked until it can be fixed. Ms. Starr attempted to do a perc there and it would not perc. Ms. Starr stated that she would have to wait to perc that area when it is drier because the water in the prec hole went down a half an inch and then it went back up a half an inch - the water went down and then back up - its too wet. Therefore, Ms. Starr suggested to wait until July or August to perc it, to tight tank it, and keep pumping it until it is repaired. Ms. Starr suggested not to put in a 2500 septic tank, a 2000 septic tank will be maximum. Mr. Padellaro suggested 2000 septic tank with 500 holding. Ms. Starr mentioned that the effluent can not leach because it is not leaching, that ' s the problem. Mr. Osgood asked, "where is he going to put the leaching field"? Ms. Starr stated that that is another problem. Ms. Starr stated that Conservation was asked to go out to this property to look at it. Page 2 Minutes: February 23, 1995 Mr. Osgood stated that this is a repair. Ms. Starr stated that the Health Department still needs a perc rate to determine the size of the system. Ms. Starr stated she and Bill Dufresne from Merrimack Engineering went out to the property. Mr. Osgood asked if Mr. Dufresne came up with any solutions. Ms. Starr stated that it is very difficult because it is an old fill site on Berry Street. Mr. Osgood reiterated that this is an existing house. Ms. Starr stated that this is land that should of never been built on. Ms. Starr stated that until a perc is done, the Board needs to protect the environment. Mr. Osgood stated that if it peres at all it is going to be marginal - let ' s assume that, then what do we do? Mr. Osgood stated let ' s assume the worse perc and then put the system in according to that. Ms. Starr stated that because it is not just the Board of Health, it ' s wetlands involved too. Mr. Padellaro mentioned that something has to be done and he can not wait until August. Mr. Padellaro stated that he is willing to do all that it takes to get this done. Mr. Osgood mentioned that we have to come up with a design. Ms. Starr asked Mr. Osgood, "how can we come up with a design without a perc rate?" Mr. Osgood stated that you have to assume the perc rate is bad. Ms. Starr stated that she believe the Board would be doing Mr. Padellaro an injustice. Ms. Starr stated that it wouldn' t even be large enough with a 30 minute perc rate to maintain whatever bedrooms he has which is 3 bedrooms. Ms. Starr stated that she does not believe that you can get a system large enough for the 30 minute perc rate to even be able to maintain a three bedroom. Mr. Osgood asked, "then what do we do?" Ms. Starr believes that if a perc is done it will be less than 30 minutes per inch. Mr. Osgood stated that the Board is here to solve serious health problems, and we have a serious health problem in this gentleman' s backyard and it will be more serious if we wait until August. On a motion by Dr. MacMillan, seconded by Mr. Osgood, the Board voted to have Mr. Padellaro go back to his engineer and have his engineer design a plan based upon what can be put on the site (worse case scenario) to determine how large a system can be. Mr. Osgood stated that this is an existing system and something has to be done - they are not going to tear the house down so some accommodation has to be made. Ms. Starr directed Mr. Padellaro to tell his engineer to see Conservation for a request for determination. Page 3 Minutes: February 23, 1995 Mr. Osgood reassured Mr. Padellaro that if need be he can come back before the Board next month. 8: 15 P.M. - LES GODIN - LOT #13 OLD CART WAY - REOUEST FOR VARIANCE TO THE TOWN OF NORTH ANDOVER BOARD OF HEALTH MINIMUM REQUIREMENTS FOR THE SUBSURFACE DISPOSAL OF SANITARY SEWAGE - REGULATION 4 . 18 : On a motion by Dr. MacMillan, seconded by Mr. Osgood, the Board voted unanimously to grant the variance to the Town of North Andover Board of Health Minimum Requirements for the Subsurface Disposal of Sanitary Sewage - Regulation 4 : 18 to Lot #13 Old Cart Wayto allow the leaching system to be constructed twenty-five (25) feet from the foundation instead of thirty-five (35) feet. Other Business: Approval of Minutes - 1/26/95 : On a motion by Dr. MacMillan, seconded by Mr. Osgood, the Board voted unanimously to approve the minutes of 1/26/95 as written. Response to Mr. Wheeler' s Letter: The Board Members discussed Mr. Wheeler ' s letter and Mr. Osgood suggested to respond to Mr. Wheeler by saying that the Board of Health has a full inspection program and the Board inspects all commercial establishments within the Town on a periodic basis and to the best of our knowledge the Board has not seen this problem. Dr. MacMillan stated that Mr. Wheeler is talking about wines made by the Christian Brothers . Dr. MacMillan believes the Board should respond by saying that it is true that sulfates are put in wines as preservatives and may be toxic to some people but diethylene glycol and carbon monoxide is not in wine and other poisons are regulated by the FDA and the Board of Health has no jurisdiction over that and to the Board of Health ' s knowledge there is no problem in Town. Mr. Osgood stated that we should say that the Board of Health has no jurisdiction over alcoholic beverages to contact the State Alcoholic Beverage Commission. Dr. MacMillan stated that the FDA is the one he should be writing to. Dr. MacMillan said to state in the letter that there is no evidence that there is poison put in any food products and that the food establishments are inspected on a periodic basis. Dr. MacMillan also suggested that the specific investigation on the wine products should be through the FDA or the Alcohol Beverages Commission (ABCC) . Page 4 Minutes: February 23, 1995 Mr. Osgood suggested to make a copy and give it to Mrs. Foulds, the Health Nurse and to the North Andover Police Department for their files. The Board Members directed the staff to compose a letter and sign their name. Evergreen Estates: Dr. MacMillan mentioned that he received a letter from Ian and Denise Danis regarding Evergreen Estates and flooding. Dr. MacMillan stated that this matter should be investigated by the Planning and Conservation Departments . Dr. MacMillan requested that a site visit be made by Conservation and to send them a letter regarding the Board of Health concerns. Dr. MacMillan suggested to also send Ian and Denise Danis a letter stating that the Board of Health requested that Planning and Conservation do a site visit and investigate this problem. Adjournment: The meeting was adjourned at 9 : 15 P.M. John S . Rizza, D.M. D. , Clerk i