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HomeMy WebLinkAbout1995-03-23 Board of Health Minutes Kp� BOARD OF HEALTH MINUTES MARCH 23, 1995 Mr. Osgood called the meeting to order at 7 : 10 P.M. MEMBERS PRESENT: Gayton Osgood, Chairman, Francis P. MacMillan, M.D. , Member, John S. Rizza, D.M.D. , Member, and Sandy Starr, Health Administrator. Other Business: Tobacco Regulations - Discussion: Ms. Pam Ross-Kung was present and a general discussion ensued in reference to the public hearing and to the additions and changes. according to Town Counsel. The Board Members will read all correspondence received, and if need be, an additional meeting will be called. The Board Members will plan on voting on the Tobacco regulations at their regularly scheduled meeting on Thursday, April 27, 1995. 7 : 15 P.M. - REOUEST FOR VARIANCE - 188 SALEM STREET - LES GODIN: Keith Mitchell, the owner, was present and spoke on his behalf. Mr. Mitchell requested to come before the Board for a variance to the Town of North Andover Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, Regulation 4 . 18 "distances" , so that a leaching pit may be constructed 32 feet distant from a catch basin as opposed to 50 feet as required. On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted unanimously to grant the variance to the Town of North Andover minimum Requirements for the Subsurface Disposal of Sanitary Sewage, Regulation 4.18. 7 :45 P.M. - ROLLING RIDGE - DISCUSSION - SEWER TIE-IN: Ms. Kristen Hollenbeck was present and spoke on behalf of the Trustees of Rolling Ridge Conference Center in reference to when hook-ups are required and how much it would cost. Ms. Hollenbeck mentioned that her other concern was that approximately two years ago Rolling Ridge re-mortgaged $160, 000 to pay for a new septic system. Mr. Osgood mentioned that it was more than two years ago. Ms. Star mentioned that it was in 1991. Ms. Hollenbeck stated that to her knowledge Rolling Ridge passed inspection and she wanted to know the Board Members ' recommendation. Mr. Osgood stated that this Board is not the Sewer Board, this is the Board of Health and we regulate septic systems. Mr. Osgood stated that the Board has no answers to the questions as to how much it will cost to tie-in to sewer. Mr. Osgood stated that he worked on the septic system at Rolling Ridge initially and the system is a full fledged system and meets all requirements and there is nothing wrong with it. Mr. Osgood stated that originally they wanted to put in an interim system and then tie-in to sewer but the end result was to put in a good system that would handle the load. Mr. Osgood stated that he is just one Board Member, but the Board has been discussing this and we are not going to push you to tie-in to sewer - because financially it' s going to make a difference to you. Ms. Hollenbeck stated that it will definitely be a hardship to tie- in to sewer. Mr. Osgood stated that unless there is another department in town that comes up with some compelling reason that you should tie-in to sewer, he does not think it is in the town' s best interest to push you to tying into the sewer - because you have a septic system that works. Mr. Osgood stated that eventually you will have to tie-in to sewer. In addition to this, Mr. Osgood stated that the Board of Health will not give you transferrable rights to keep the septic system. Mr. Osgood stated that the Board of Health gave Rolling Ridge five (5) years to start with and the board would be willing to extend that. Mr. Osgood stated that it would be in the town' s best interest or Rolling Ridge to stay there and whatever the Board of Health can do to make sure you do stay there providing it does not jeopardize our water supply. Mr. Osgood asked Ms. Hollenbeck, "how much extended time do you want"? Ms. Hollenbeck asked if the Board could give them a guarantee to last for 10 years, etc. Mr. Osgood stated that there are no guarantees. Mr. Osgood stated that if the system fails you would have to tie-in to sewer this would be written on the document. Dr. MacMillan asked, "who monitors that system"? Ms. Starr said that Rolling Ridge does and they are required to have their system pumped every three (3) years. It was last pumped in the fall mentioned one of the representatives from Rolling Ridge. Mr. Osgood stated that if that system failed, we would know about it because of the children playing ball, etc. Ms. Hollenbeck stated that she is looking for a recommendations to if a variance was granted could an agreement be made that fifteen (15) years and every three years the system would be checked. Mr. Osgood stated that the Board of Health will check it out but Mr. Osgood would be more inclined to give Rolling ridge an additional five (5) years with an annual inspection of the septic system by the Health Department. Ms. Hollenbeck was told to submit a written request for a specific variance for the Board Members to consider. APPROVAL OF MINUTES - 2123L95: On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to approve the minutes of 2/23/95 as written. 8:30 P.M. -REQUEST FOR VARIANCE - LOT 6A LACY STREET - STEVE ERIKSEN: Mr. John O'Mahony, owner, was present and spoke on his behalf. Mr. O'Mahony requested a variance to the Town of North Andover' s Minimum Requirements for the Subsurface Disposal of Sanitary Sewage to the Following sections: (1) 4 . 18 distances, allowing the leaching facility within 78 feet of a wetland area. (2) 17 . 03 spacing, permitting a 4 foot separation between excavated sidewall areas of a trench type system. Ms. Starr mentioned that this is going before Conservation Commission on April 5, 1995 . On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted unanimously to grant the variances mentioned above. Lot 1A Forest Street - Well Placement Discussion: Mr. Osgood mentioned that a vote is not required and that this topic is for general discussion. Ms. Starr laid out the map and indicated on the map that there were two lots involved and the well for Lot 2A is on Lot #1. Ms. Starr also mentioned that she has asked the engineers to re-locate the well, but they said it would be extremely difficult. Ms. Starr stated that she is not comfortable with this and that is why she wanted to bring it to the Board' s attention. Mr. Osgood asked Ms. Starr if they own the other lot? Ms. Starr responded, "yes" , but a plan will be submitted for another house and that is the well that is going to serve that house. Mr. Osgood stated that the well can not serve both. Ms. Starr stated that having the well for Lot #2 on Lot #1 will not give the owners of Lot #2 adequate control over their water source - it' s on someone elses lot. Ms. Starr stated that this situation makes her nervous and she wanted to bring it before the Board. Dr. Rizza asked, "why can't they re-draw the line"? Ms. Starr responded that they could need that amount of land. Mr. Osgood asked if town water is going down there? Ms. Starr mentioned that this is right at the end of Forest Street and the corner of Sharpner's Pond Road. Town water could be a long time coming. Mr. Osgood stated that the engineer has to figure this out legally. Mr. Osgood stated that they are coming to this Board for something we can not deal with. All board Members agreed that the well on one lot can not serve another lot. Variance - septic Pumping - 29 South Bradford Street: A general discussion ensued regarding a request for a variance to the septic pumping regulation. The Board Members understood Ms. Low' s predicament but believes it is in her best interest to have her septic system pumped on a regular basis which is every three (3) years. As noted, Ms. Low' s septic system has not been pumped in four (4) years. Therefore, the Board Members voted unanimously as follows: On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously that if town sewer is available this calendar year Ms. Low does not need to pump, if not, Ms. Low will need to pump her septic system. Anonymous Call to Mr. Gayton Osgood - Non-Functioning Septic System - Marbleridge Road/Abbott Street: Mr. Osgood mentioned that he received an anonymous call regarding a non-functioning septic system. Mr. Osgood asked Ms. Starr to please check it out but to be accompanied by someone and if any problems arise to leave. Ms. Starr stated that she will check the situation out. Mr. Osgood stated that there is sewer there now. Discussion - District. #3 Residents Not in Compliance with the Pumping Regulation: The Board Members wanted to know what the next step is. The non- criminal disposition act is going before Town Meeting this May. Mr. Osgood suggested to write another letter and hold off until Town Meeting. Dr. MacMillan stated that he is still on the list for not pumping and he had his system pumped and the pumper did not submit the slip. Dr. MacMillan asked, "how many on this list did this happen to"? Dr. Rizza suggested to add to the letter the following, "if you had your system pumped, please call our office and inform us of this" . 5:00 P.M. - REQUEST FOR VARIANCE - LOT #6 CANDLESTICK - STEVE DOHERTY: A general discussion ensued in reference to Lot #6 Candlestick. Ms. Starr stated that a number of variances are being requested and her recommendation is to hold off on taking any action until a site visit is done on that lot. Mr. Osgood stated that he already looked at that lot with Mike Graff. The Board Members agreed to meet for a site visit. Smoking Regulations - Continued: A general discussion ensued in reference to wordage change in the regulations. The Board Members will read over the regulations and changes and any letters they received and come to a decision at their next meeting on Thursday, April 27, 1995. ADJOURNMENT: On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to adjourn at 8 : 30 P.M. John S. Rizza, D.M.D. , Clerk