HomeMy WebLinkAbout1995-09-28 Board of Health Minutes BOARD OF HEALTH
MINUTES
SEPTEMBER 28, 1995
Mr. Osgood called the meeting to order at 7 : 05 p.m.
MEMBERS PRESENT:
Gayton Osgood, Chairman, John S. Rizza, D.M.D. , Member, Susan Ford,
Health/Environmental Agent, and Sandra Starr, Health Administrator.
Francis P. MacMillan, M.D. , Member arrived late.
1160 SALEM STREET - BESS VORIS - RELEASE OF $5,000 ESCROW:
Mr. and Mrs. Hennessey were present with Mrs. Voris to request that
the Board of Health release the $5, 000 escrow monies. Mrs.
Hennessey explained that the Board of Health permitted an in-law
apartment to be built onto the dwelling at 1160 Salem Street
without requiring the septic system to be increased in size, even
though the existing system was not adequate for the house before
the apartment was built. This was allowed because the Voris sIs
signed an agreement stating that if a failure occurred, the system
would be upgraded in size; this agreement was filed with the deed
to the property creating a lien on the property. When the
Hennessey' s went to purchase the property from Mrs. Hennessey's
mother, the bank refused to grant a mortgage without creating an
escrow account of $5, 000 to cover expenses if the septic system
were to fail. The Hennessey's would like this $5, 000 returned to
them. They feel that the changes to Title 5 would cover any
situation regarding a failure to their septic system. It was
pointed out that Title 5 inspections only deal with whether a
septic system is working, not whether it is large enough for the
dwelling it serves.
Mrs. Starr reminded the Board that in 1993 an Attorney Cossingham
contacted the Board on behalf of the family and requested that a
subordination agreement be signed by the Board. When Town Counsel
was contacted the recommendation was that the Board require a
signed agreement from the Hennessey's similar to the original
agreement with the addition that the agreement should be binding on
any other family member who might own the house.
On a motion by Dr. Rizza, seconded by Dr. Rizza, the Board voted
unanimously to contact Town Counsel in reference to the
subordination agreement and if signed, what affect it could it have
on the Town, and if the Town will be protected.
REQUEST FOR VARIANCE - 1424 SALEM STREET:
A lengthy discussion ensued in reference to 1424 Salem Street.
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On a motion by Dr. Rizza, seconded by Dr. Rizza, the Board voted
unanimous to grant the Health Agent the powers to oversee repairs
and to grant appropriate variances for repairs only when no zoning
or wetland setback issues are not involved.
REQUEST FOR A MASSAGE ESTABLISHMENT LICENSE - CAROL RAY:
Ms. Ray is a Registered Nurse and practices massage therapy from
her home on 678 Mass Ave. Mrs. Starr stated that she had inspected
the facility and found it to be entirely appropriate and
professionally run.
On a motion by Dr. Rizza, seconded by Dr. Rizza, the Board voted
unanimously based on the fact that Ms. Ray is a Registered Nurse,
to allow the operation of a massage therapy establishment at 678
Mass Avenue, North Andover, MA. The license would be valid through
December 1996.
At this point Dr. MacMillan arrived and Gayton Osgood updated him
on the meeting so far.
RESIGNATION OF THE HEALTH NURSE - GINNY FOULDS:
Mrs. Starr reported that Mrs. Foulds had tendered her resignation
as of December 1, 1995 because she feels the job is expanding and
she does not have the time to do the job. Mrs. Starr recommended
that a new job description be formulated and the possibility of
more hours for the nurse's position be looked at.
On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board
voted unanimously that the criteria for the job description be
looked at and analyzed at the next meeting before the job is
advertised.
RECOMBINANT DNA MOLECULE REGULATIONS:
All Board Members agreed to hold a public hearing before adopting
the Recombinant DNA Molecule Regulations.
VARIANCE FOR REPAIR FOR 30 OARES DRIVE:
The Board Members directed Mrs. Starr to handle this matter.
19 BOXFORD STREET - TORD SUNDSTROM:
Mr. Sundstrom related the history of his house and septic system
repair. The leaching area was repaired in the fall of 1994 . Since
the septic tank is under the concrete slab of the foundation it is
a problem. The tank was to have been replaced this past spring.
Mr. Sundstrom told of his difficulty in trying to have his tank
replaced. After a lengthy discussion it was agreed that since the
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Minutes: September 28, 1995
tank seems to be working properly that it could be left as is.
OTHER BUSINESS•
Approval of Minutes - 8124/95:
On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board
voted unanimously to approve the minutes of 8/24/95 as written.
Dr. Rizza stated he wished to amend the minutes of the June 22,
1995 meeting to explain why a particular motion was made relative
to 59 Bridges Lane and the Contrada family. Instead Dr. Rizza
wrote his changes and they will be included in these minutes.
Tobacco Control Regulations - Restaurants in Violation:
Dr. Rizza stated that Harrisons ' Restaurant is in violation of the
Tobacco Control Regulations and requested that Mrs. Starr visit the
restaurant and speak to them. only three restaurants in town have
any smoking now, The Ninety-Nine Restaurant, Beijing Restaurant,
and The Loft Restaurant. Mrs. Starr reported that The Loft has as
yet not submitted any documentation or reports on the methods used
to keep smoke from the non-smoking floor.
ADJOURNMENT:
On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board
voted unanimously to adjourn the meeting at 8:30 p.m.
John S. Rizza, D.M.D. , Clerk