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HomeMy WebLinkAbout1996-05-23 Board of Health Minutes BOARD OF HEALTH MINUTES MAY 23, 1996 Mr. Osgood called the meeting to order at 7:05 P.M. MEMBERS PRESENT: Gayton Osgood, Chairman, Francis P. MacMillan, M.D., Member, John S. Rizza, D.M.D., Member, Susan Ford, Environmental/Health Inspector, and Sandra Starr, Health Administrator. 228 FOREST STREET - REPAIR- VARIANCES TO WETLANDS - CHRISTIANSEN & SERGI: Phil Christiansen, Engineer, was present and came before the Board to request a variance to allow the installation of a septic system for a repair 70 feet to wetlands at 228 Forest Street. A brief discussion ensued and the following motion was entertained: On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted unanimously to grant the variance to allow the installation of a septic system 70 feet to wetlands. 217 WINTER STREET- VARIANCE TO SEWER TIE-IN: Mr. Roger LaFauci, owner, was present and came before the Board because his system failed a Title V inspection and to request a waiver from the Board of Health to allow the dwelling located at 217 Winter Street, North Andover, Massachusetts to tie-in to municipal sewer, which will be available within the next year, and not repair the septic system. A brief discussion ensued and the Board made the following motion: On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted unanimously to grant a waiver to allow the dwelling located at 217 Winter Street, North Andover, Massachusetts to tie-in to municipal sewer which will be available within the next year and not repair the septic system with the provision to create an escrow account for the estimated cost of the sewer tie-in. The Board of Health will kee? the passbook in their possession. 40 GRANVILLE LANE - REPAIR- BEN OSGOOD, JR. - VARANCE REQUEST: Mr. Gayton Osgood stepped down as Chairman due to a conflict of interest. Dr. MacMillan chaired this portion of the meeting. Mr. Ben Osgood, Jr. was present and requested to come before the Board to request a variance to allow the installation of a septic system 65 feet to wetlands for a repair. Page 2 Minutes: May 23, 1996 On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to grant a variance to allow the installation of a septic system 65 feet to wetlands. At this point, Mr. Gayton Osgood resumed Chairman position. LOT 8 & 13 LOST POND - VARIANCE REQUEST - DESIGN FLOW & SETBACKS: Lot 8 Lost Pond: John Morin, Engineer, Neve's Associates was present and came before the Board to request a variance for design flow of 110 GPD and 10 feet & 20 feet distances respectively, of tank& leach area to foundation for a three bedroom house. On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted unanimously to grant the following variances; 1) design flow 110 GPD; 2) 10 feet & 20 feet distances, respectively, from tank & leach area to foundation; and 3) a three (3) bedroom restriction must be filed on the deed. Lot 13 Lost Pond: John Morin, Engineer, Neve's Associates was present and came before the Board to request a variance to the design flow to allow a design flow of 110 GPD. On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted unanimously to grant a variance to the design flow to allow a design flow of 110 GPD. 890 JOHNSON STREET - REPAIR- VARIANCE TO WETLANDS - BILL DUFRESNE: Ms. Starr spoke on behalf of Merrimack Engineering and gave the Board Members a brief synopsis of the repair at 890 Johnson Street. Merrimack Engineering requested to come before the Board for the following variances; 1) 50 feet to wetlands; 2) 15 feet to foundation from leach area. On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted unanimously to grant the following variances; 1) 50 feet to wetlands; 2) 15 feet to foundation from leach area. Page 3 Minutes: May 23, 1996 AQUA DREAM POOL -OSGOOD STREET - DAVID MELANSON: Mr. Dave Melanson was present and came before the Board Members because he is interested in renting space from Aqua Dream Pools on Osgood Street. Mr. Melanson stated that he would like to open a rent by the hour hot tubs, massage therapy, and tanning. A brief discussion ensued in reference to his concerns and the concerns of the Board Members. At the present time there are no rules and regulations for hot tubs but there are tanning, swimming pool, and massage therapist regulations. Mr. Osgood stated that he does not want to stand in Mr. Melanson's way but the main concern of the Board is the public health. The Board directed Ms. Ford to meet with Mr. Melanson and to go over what is required to open his establishment, what permits he may need, and what departments he needs to see. No action taken. JOHN VALENTINO - VAL'S SANDWICH SHOP - 58 PETERS STREET: John Valentino was asked to come before the Board in reference to his failure to attend a Food Handler's Course. Mr. Valentino did not show. The Board Members agreed that if Mr. Valentino is the owner and is running the store he is responsible to comply with the regulations for the sanitary code and the North Andover requirements for Manager's certification. The Board Members agreed to give him one more chance to attend a food handler's course this fall. The Board Members directed Ms. Starr to send a letter to Mr. Valentino informing him that the Board hereby requires him to attend a Food Handler's Course this fall (1996), or he will forfeit his Food Service License. BUSS COUILLARD -PERC TEST SCHEDULING: Attorney James Tall was present representing his client Mr. Buzz Couillard. Attorney Tall stated that delayed testing is causing a hardship to his client Mr. Couillard. Mr. Osgood stated that the problem has been partially resolved. Mr. Osgood stated that Town Counsel said,"yes" it was possible to create an account for outside monies to pay contractors, but that it had to be done at Town Meeting or a way found to "piggyback" onto Conservation Commission or Planning Board accounts already in existence. Ms. Starr and Mr. Howard, Conservation Administrator, have already met and agreed that the Conservation Fund's language is too strict to allow Board of Health to use this account. Ms. Starr and Ms. Colwell, Town Planner to meet to investigate Planning Board Account. It was agreed that Ms. Ford could, perhaps, find time to observe some peres. Page 4 Minutes: May 23, 1996 Mr. Osgood's concern was that the lots be done properly, but the main concern of the Board is that foods, camps, and pools have first priority over perc test scheduling. The Board of Health will do everything they can to help the situation, but not at the cost of these priority items. Mr. Osgood suggested that Mr. Couillard call the Board of Health Office next Wednesday or Thursday to get a date for testing. Phil Christiansen, Engineer, brought up a concern over a Planning Board Article and a brief discussion ensued. Phil Christiansen had a concern over a Planning Board Article that leach areas have to be excavated and inspected by the Board of Health prior to a"Form U' for that lot to be signed. Mr. Christiansen brought up scheduling difficulties and problems with selling lots. Attorney James Tall requested that the Board of Health ask the Planning Board to rescind this condition. Mr. Osgood said, "No", that the Board of Health needed some control here because subdividing was difficult and there are several problem lots. It was suggested that Mr. Christiansen and Ms. Starr pinpoint the real difficult lots, identify them as such and release the others from this condition. Mr. Osgood pointed out it is not the Board of Health's condition. After further discussion, it was agreed that the problematic lots would be identified and to write a letter to the Planning Board asking them to rescind the condition.. On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted unanimously to send a letter to the Planning Board asking them to rescind this condition on non-difficult lots. 1535 GREAT POND ROAD - SEWER TIE-IN - HARDSHIP CASE: Ms. Ford briefly explained that Mr. Edwin R. Brown of 1535 Great Pond Road is requesting an extension to the sewer tie-in because of his wife's health. The property is in the watershed. The Board Members want Mr. Brown to realize that eventually this has to be done. .z On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to grant an extension of 18 months for the property at 1535 Great Pond Road. Page 5 Minutes: May 23, 1996 OTHER BUSINESS: North Andover Middle School Sewer: Ms. Starr stated that the North Andover Middle School started construction and received an okay from Department of Public Works to tie-in inside the building. They need a letter from the Board of Health stating that it is okay to tie-in within the building. On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board unanimously voted to give permission for the Middle School to tie-in within the building. Approval of Minutes - 4/25/96: On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to approve the minutes of 4/25/96 as written. Smolak Farm: Ms. Ford informed the Board Members that Smolak Farms did renovations without consulting with the Board of Health. Ms. Ford mentioned that Mike Smolak called on May 22, 1996 asking if there is an alternative to a wash sink. All Board Members agreed that there will be no alternative to the wash sink and to put the sink in. ADJOURNMENT: On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to adjourn the meeting. RECONVENE MEETING: As the Board Members were leaving, Mr. Valentino from Val's Sandwich Shop arrived. ThetBoard Members reconvened the meeting. The Board Members reiterated what was mentioned during their regular session. Basically they told Mr. Valentino to take the Food Handler's Course this coming fall or the Board will close his establishment. Page 6 Minutes: May 23, 1996 ADJOURNMENT: On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to adjourn the meeting. John S. Rizza, D.M.D., Clerk