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HomeMy WebLinkAbout1995-04-27 Board of Health Minutes BOARD OF HEALTH MINUTES APRIL 27, 1995 The meeting was called 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. 7 :00 P.M. - SWIM SAFE PROGRAM - CHIEF DOLAN: Chief Dolan was present and mentioned that the purpose of the Swim Safe Program is to keep kids safe around pools. Chief Dolan realized that the Board of Health inspects swimming pools. Mr. Osgood mentioned that the Board of Health inspects semi-public and public pools, not private. Chief Dolan stated that this was a good opportunity for the Board of Health and the Fire Department to work together and create a Swim Safe Program. Chief Dolan stated that he wants to advertise on the Cable TV station and to let people know there is a video available. Mr. Osgood stated that it is a good idea to get the Building Inspector involved because he is the one who regulates the size of the fences and to let people know their responsibilities. Chief Dolan wanted to know how the Board of Health felt about this and then go ahead and get others involved and see how they want to set it up. The Board Members gave Chief Dolan their approval and they all agreed that this was a great idea. LOT 6 CANDLESTICK ROAD: Ms. Starr stated that she would like to discuss Lot #6 Candlestick but she would like to have Dr. MacMillan here because he was on the site visit. A brief discussion ensued in reference to Lot #6 Candlestick Road. Ms. Starr mentioned that she does not have a plan that can be approved because of the soil tests. Ms. Starr stated that the last plan was rejected because they had positioned the system over an area where there was ten (10) ten feet of fill along with other things but that was one of the major things. Ms. Starr mentioned to Dr. Rizza that she believed that he wanted the whole area tested. Mr. Steve Doherty was present and spoke on his behalf. He stated that the walk through was quite unsightful to him and his engineer. Mr. Doherty mentioned that the notes his engineer had for the perc tests were difficult to read and he could not decipher Page 2 Minutes: April 27, 1995 where the location of the peres but Mr. Doherty mentioned that his engineer was able to see physically where they were located at the site walk. Mr. Doherty stated that his engineer would design a new system that would not go over the area where there was fill. Mr. Doherty mentioned that he has a new design of a system on the other area where there was good material. Mr. Doherty mentioned that Dr. Rizza and Dr. MacMillan recommended that he do this. Mr. Doherty stated that he has done that but still has the set backs from the wetlands and also from the house to the front. Mr. Doherty stated that they talked about if a plan could not be designed to fit in that good area and if they had to go into the filled area they would bring in a machine and dig around and see what was there. Mr. Doherty believes they have overcome that problem. Mr. Osgood pointed out that the waiver for 50 feet from the wetlands is a State regulation. Ms. Starr mentioned that this is not the septic system, this is the no build area for Conservation and it is a State regulation but this would be for the house. Mr. Doherty stated that he' s been hanging onto plans for over a week now. Ms. Starr stated that that was too bad because she had told Bob Masys to get the plan into her a week before the meeting so she could take a look at them. The Board Members took a look at the plans. The variances requested are as follows: 1) N.A. Regulations - setback - house to septic tank is 25 feet, his plan indicates 12 feet. 2) Leaching area setback - N.A. regulation is 35 feet, State is 20 feet, and his plan indicates 21 feet. 3) The distances between the trenches - N.A. regulation is 10 feet, the State is 6 feet, and his plan indicates 8 feet. Mr. Doherty agreed that this is a tight lot but a workable lot. Mr. Osgood asked if the house was a four (4) bedroom. Mr. Doherty responded, "yes, the house is 3 , 182 square feet" . Mr. Osgood stated that these are not unreasonable variance requests but the question is - is the system going to work? Mr. Doherty wanted to see if the Board would work on the variances and then the design. Ms. Starr stated that she was concerned because she got six (6) failures on that side of the street which were within a few years of when they moved in. Mrs. Starr wants to check the file for more information. Page 3 Minutes: April 27, 1995 Mr. Osgood stated that his feeling is that Ms. Starr has to look at this plan. He also stated that he does not have a problem with these three variances but the Board doesn't know if this is all that will be required. Mr. Osgood stated that he does not think the Board Members are at a point where they can say "yes" we' ll give you these variances because they do not know enough about the system. Dr. MacMillan asked if Conservation has approved this lot. Mr. Doherty stated, "yes" . Ms. Starr did not know. Dr. MacMillan wanted Mr. Doherty to give Ms. Starr a chance to look the plans over and maybe the Board Members could give Ms. Starr a verbal approval and does not believe that Mr. Doherty has to wait thirty (30) days. Ms. Starr stated that it is something the Board Members have to vary. Dr. MacMillan stated that he does not mind if Ms. Starr called him and said, "yes, it will work, or "no" it will not work. Ms. Starr stated that legally the Board Members can not do this - if it is a variance the Board needs to get together. Mr. Osgood stated that the Board can grant these variances at this point provided that this plan stays as it is. On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously to grant the variances as mentioned above and to have the plan reviewed by Ms. Starr. 7 :30 P.M. - VARIANCE REQUEST - PATRICK GARNER - LOTS ALONG ROUTE 114 AND BERRY STREET: Mr. Patrick Garner was present and appeared before the Board for the following variances: Lot #1: (a) Distance- from leaching area to wetlands. Instead of 100 feet, the leaching trenches at their closest point lie 74 feet from BVW. (b) Minimum gallons per day requirement. Instead of 660 GPD, the system provides 589 . 5 GPD. this results from shrinking the system size to maximize the distance to the wetlands. Lot #2 : (a) Distance from leaching area to wetlands. Instead of 100 feet, the leaching trenches at their closest point lie 70 feet from BVW. (b) Minimum gallons per day requirement. Instead of 660 GPD, the system provides 589 . 5 GPD. This results from shrinking the system size to maximize the distance to the wetlands. Lot #4 : (a) distance from leaching area to wetlands. Instead of 100 feet, the leaching trenches at their closest point Page 4 Minutes: April 27, 1995 lie 75 feet from BVW. (b) Minimum square feet of leaching area. Instead of 500 square feet minimum, the system provides 400 square feet. Note that the actual GPD at 760 GPD exceeds the minimum requirement by 100 GPD. Again, the smaller area results from shrinking the system size to maximize the distance to the wetlands. Mr. Garner mentioned that he went through Mr. George Perna, and the Planning Board, but still needs Conservation approval. Mr. Osgood stated that his gut feeling is that there should be discussions among the three departments, Planning, Conservation, the Board of Health and the engineer before this Board approves or disapproves the plans. The Board Members agreed to continue this discussion after conservation reviews the plans. Other Business: Tobacco Regulation: Mr. Osgood stated that a public hearing was held on tobacco regulations and at that time people spoke for and against these regulations. Mr. Osgood stated that a meeting was held last month where the Board Members amended the regulations that were originally proposed based upon what the Board heard at the public hearing. Mr. Osgood stated that at this stage the Board plans on voting to enact these regulation. Mr. Osgood stated that this is the final meeting on these regulations. Mr. Osgood stated that basically what the Board is voting on tonight is the following: 1) All public buildings will be no smoking. 2) In a work place, if a person in a business wants a smoke-free environment, the owner of the work place has to provide that, and a policy on non-smoking must be developed. 3) In retail stores, tobacco products can not be out where people can get a hold of them. The tobacco products have to be behind the counter so that the person buying the cigarettes has to go through the clerk to purchase the cigarettes. 4) In restaurants, there will be 50% smoking and 50% non-smoking. There must be separate ventilation systems. Page 5 Minutes: April 27, 1995 At this point in time, Tom and Susan Murray read a letter regarding a situation that took place at China Blossom and that China Blossom told them that they are not required to have a non-smoking section. Mrs. Murray mentioned that she thought there was a State Law requiring an establishment with so many seats to provide a non- smoking area. Mr. Osgood mentioned that Mrs. Murray is absolutely correct in that the State Law says that anything over 75 seats the establishment has to provide a non-smoking section. Mr. Osgood stated that what it does not say is where that 200 square feet has to be. It does not say the space can not be next to someone that smokes. Mrs. Murray asked the Board, "why the Board of Health has not gone full force 100% non-smoking where other Towns have?" Dr. MacMillan mentioned that there are other issues such as people that own businesses and it seems to be that it would curtail business. Dr. MacMillan stated that the Board of Health does not want to put people out of business and that business people have the right to make money in the Town too, as long as they protect the public health. Mrs. Murray asked, "will these regulations be enforced?" Mrs. Murray asked if these regulations are enforced, does that mean she does not have to walk out of a restaurant because her child is having an asthma attack. Mrs. Starr stated that she hopes so because at the present time there is an article before Town Meeting which will enable the Board of Health to enforce this regulation - it is the non-criminal disposition act. Mrs. Starr stated that if the Murrays really feel that the Board of Health needs this non-criminal disposition act that they need to stand up before Town Meeting and let themselves be heard. Mrs. Starr mentioned that the Board of Health will vote the regulations in but the Board needs some teeth and the non-criminal disposition act will allow the Board to have a fining system. Mrs. Starr mentioned that people will have to vote for it. Mr. Osgood stated that if the non-criminal disposition act does not pass these smoking regulations will be enforced. Mr. Osgood stated that the Board has to give restaurant owners time to make adjustments because they will have to make modifications. Mr. Osgood stated that the Board of Health will work with the restaurant owners to make them understand that they have to provide a non-smoking area. Page 6 Minutes: April 27, 1995 Mrs. Starr stated that she hopes that if residents have complaints we will hear from them. On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to adopt the tobacco regulations as written. 8: 30 P.M. - LOT lA & LOT 2A FOREST STREET - WELL PLACEMENT: Mr. Bill Barrett, owner of Lot 2A Forest Street came before the Board regarding a well placement. Mr. Barrett mentioned that Ms. Starr brought a plan before the Board a few weeks ago which showed two lots involved and the well for Lot 2A was on Lot 1A. Mr. Barrett was not quite sure if he was looking for a variance or not. Ms. Starr mentioned that this meeting is more to make the Board comfortable. Mr. Barrett explained that the well for Lot 2A is located on a 10 x 10 square taken out from Lot 1A property. Mr. Barrett mentioned that he has a plan that shows a well on Lot 2 which is away from the septic system and the house but unfortunately it is on the other side of a very large hill which would require him to interfere with 5, 000 more square feet of property zoned from the wetlands. Mr. Barrett stated that he would have to build a road to get in there and to get the well truck in there on the near side of the wetlands. Mr. Barrett stated that it will have a big affect environmentally to put a well in an area that does not require an easement. Mr. Barrett stated that the only other thing that he could do is to move it five (5) feet and have it right on the property line. Mr. Barrett thought that the easement area was the best way to address it. Mr. Barrett stated that the well will be owned by Lot 2A and they have every right to go to that property and they have every right to protect that well and to do whatever they want to isolate it from Lot 1A. Mr. Barrett mentioned that Ms. Starr was concerned that what if these people start throwing chemicals, etc. Mr. Barrett said, "they are not allowed to do that" . Mr. Osgood mentioned that 100 feet is a State Regulation too. Ms. Starr responded, "yes it is" . Dr. MacMillan asked, "is this well going to be used for both lots?" Mr. Barrett responded, "no" . Page 7 Minutes: April 27, 1995 The septic system is 100 feet from the well stated Mr. Barrett. On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to allow proposed well placement. 8:00 P.M. - VARIANCE REOUEST - LES GODIN, MERRIMACK ENGINEERING SERVICES - LOT #1 & LOT #20 OLD CART WAY - WAGON WHEEL ESTATES: Lot #1 Old Cart Way: Mr.Mr. Les Godin, Merrimack Engineering was present and requested a variance to the Town of North Andover Board of Health Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, Regulation 4 . 18 "Distances" so that the subsurface disposal system may be constructed 25 feet distant from foundation drains as opposed to 35 feet, as required, for the subject lot. On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to grant the variance as mentioned above. Lot #20 Old Cart Way: Mr. Les Godin, Merrimack Engineering was present and request a variance to the Town of North Andover Board of Health Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, Regulation 4 . 18 "Distances" so that the subsurface disposal system may be constructed 25 feet distant from foundation drains as opposed to 35 feet, as required, for the subject lot. On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted unanimously to grant the variance as mentioned above. 8: 45 P.M. - LOT #59 BRIDGES LANE - G. SCHRUENDER - DISCUSSION: Mr. Dan O'Connell was present and requested a variance to the Town of North Andover Board of Health Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, Regulation 4 . 18 "Distances" . On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to grant the variance as mentioned above from 25 feet to 17 feet to catch basin. FISH KILL - STEVEN' S POND: The problem of numerous dead fish in Steven' s Pond was brought up. Ms. Starr stated that the Fish and Wildlife mentioned that fish get very stressed at this time of the year and it is after the winter and the pond is beginning to overturn. Ms. Starr mentioned that a water sample was taken and everything was fine except for the Page 8 Minutes: April 27, 1995 readings for the dissolved oxygen which were very strange. A lot of the blue/green algae was found. Ms. Starr believes that the oxygen is being taken out of the water by the algae. Ms. Starr mentioned that approximately 25 fish were killed. ADJOURNMENT: On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted to adjourn. John S. Rizza, D.M.D. , Clerk