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HomeMy WebLinkAbout1996-06-27 Board of Health Minutes BOARD OF HEALTH MINUTES JUNE 27, 1996 Mr. Osgood called the meeting to order at 7:05 P.M. MEMBERS PRESENT: Gayton Osgood, Chairman, John S. Riizza, D.M.D., Member, Susan Ford, Environmental/Health Inspector, and Sandra Starr, Health Administrator. Francis P. MacMillan, M.D., Member, arrived at 7:20 p.m. VARIANCE REQUEST- FOREST STREET EXTENSION - HANCOCK ENGINEERING: Mr. Vaclav V. Talacko, P.E. was present and requested to come before the Board for the following variances to the North Andover Regulations 17.17, piping; 2.23 separation between primary and reserve areas to allow two (2) instead of four (4) feet; and 4.06 to extend soil test results for the above named lot. Variances were also requested to 310 CMR 15.03(17) breakout slope to allow a retaining wall and a concrete barrier; and 310 CMR 15.02(17) soil replacement area at the same site. Several abutters were present, which included Dave Deacon, Scott Roth, Phil Morgan, and John Chenus. Their concerns were as follows: • Mr. Roth, an abutter, well water being too close to leaching area- question if it would pollute his well water. • Aesthetics - placing stone on the front of the concrete wall. • Power outage -what would happen? • Cutting down trees. Mr. Vaclav Talacko stated that the leaching area is 100 feet from the well and it meets State requirements. Dr. Rizza asked if the wall could be extended for Mr. Roth's peace of mind.. Mr. Talacko stated that he did not have a problem with extending the wall. The abutter's main concern is the aesthetics. Ms. Starr requested that this wall also be concrete which Mr. Talacko agreed to. Mr. Osgood suggested that the Board of Health can require an inspection every year by - the Board of Health or under the Board of Health supervision. He also noted that he looked at this lot and can empathize with their concerns. Mr. Osgood also suggested that the Board of Health can write a letter to the bank regarding their aesthetic concerns in reference to the concrete wall. Page 2 Minutes: June 27, 1996 After a lengthy discussion, the Board of Health made the following motion: On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to grant variances to the North Andover Regulations 17.17, piping; 2.23 separation between primary and reserve areas to allow two (2) instead of four (4) feet; and 4.06 to extend soil test results for Lot#1 Forest Street; to inspect the system every year by the Board of Health or under the Board of Health supervision; to extend the retaining wall 50 feet northeast direction; and to recommend to the bank that the aesthetic concerns should be addressed. VARIANCE REQUEST- LOT 158 FOREST STREET , LOT 15A JERAD PLACE ROAD, AND LOT 29C SUGARCANE LANE - NEVE ASSOCIATES: Lot#15A Jerad Place Road: Mr. John Morin, Engineer, Neve Associates was present representing Bob Janusz and requested to come before the Board for a variance to distance from leaching facility to foundation drain - 22 feet vs. 35 feet. Mr. Morin stated that this meets state requirements. Ms. Starr stated that she did not have a problem with granting this variance. On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to grant the variance to distance from leaching facility to foundation drain - 22 feet vs. 35 feet required. Lot#158 Forest Street: Mr. John Morin, Engineer, Neve Associates was present representing Robert Janusz and requested to come before the Board for a variance to design on 110 Gal/Bedrm/Day and use new"Title V" setback criteria regarding foundation drains from septic tank & leaching facility. Mr. Osgood stated that this is not a repair, it's a new system. Ms. Starr concurred and stated that it meets proposed regulations and the new Title V regulations. On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted unanimously to grant the variance to design on 110 gallons/bedroom/day and use new "Title V" setback criteria regarding foundation drains from septic tank & leaching facility. Ms. Ford mentioned to Mr. Morin that she needs to view the abandonment of the septic tank. Page 3 Minutes: June 27, 1996 Lot 29C SuEarcane Lane: Mr. John Morin, Engineer, Neve Associates was present representing Mr. Bob Janusz and requested to come before the Board for a variance to the design on 110 gallons/bedroom/day and to use new"Title V" criteria regarding distance from leaching facility to foundation drain. Also to construct leaching facility reserve area 97 feet from wetlands. On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to grant to the design on 110 gallons/bedroom/day and to use new "Title V" criteria regarding distance from leaching facility to foundation drain. VARIANCE REQUEST- LOT 6C SALEM/TURNPIKE STREET- NEVE ASSOCIATES: Mr. John Morin, Engineer, Neve Associates was present representing Riding Realty Trust and requested to come before the Board for a variance to design on 110 gallons/bedroom/day and 100 feet from a wetland. The Board Members suggested to table this until the next meeting July 25, 1996 in order to get Michael Howard, Conservation Administrator's recommendation. Mr. Morin asked if the Board could vote contingent upon a favorable recommendation from Mr. Howard, Conservation Commission. On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to grant a variance to design on 110 gallons/bedroom/day and to grant a variance of 100 feet from wetlands contingent upon a favorable recommendation from Mr. Howard, Conservation Commission. PHASE IV PRD OFF BOXFORD STREET: Ms. Starr stated that a request came in from Tom Neve's office to waive the current North Andover regulations and old Title V in reference to Phase IV PRD off Boxford Street - 19 lots and to construct according to the proposed regulations and the new Title V. Ms. Starr stated she had several discussions with Mr. Neve about this PRD and the plans to revise local septic regulations because she believed the regulations would be in place prior to plans being filed. She recommended that designs be based on 110 GPD with Title V setbacks from foundation to tank and from foundation to leach area. Because of Page 4 Minutes: June 27, 1996 this she recommended that the Board grant the request for these three (3) variances for this PRD. On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to waive current local regulations for Jerad Place Phase IV so that it can be constructed according to proposed regulations and the new Title V regulations. VARIANCE REQUEST- LOT 18, 19, 20 WOODLAND ESTATES - HAYES ENGINEERING: Mr. Edward E. Stearns, Engineer was present and came before the Board with the following requests on Lot #18, 19, 20 Colonial Drive: Lot #18 Colonial Drive: On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to grant the variance to allow 91 feet to wetlands and 25 feet to a catch basin on Lot#18 Colonial Drive. Lot#19 Colonial Drive: On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted unanimously to grant the variance to allow 90 feet to wetlands on Lot#19 Colonial Drive. Lot #20 Colonial Drive: On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to grant the variance to allow 85 feet to wetlands on Lot#20 Colonial Drive. OTHER BUSINESS: Approval of Minutes - 5/23/96: On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to approve the minutes of 5/23/96 with the following changes: Page 1 - under 40 Granville Lane - change Dr. MacMillan chaired this portion of the meeting to Dr. Rizza and to change due to a conflict of interest to - to avoid an appearance of a conflict of interest. Page 5 Minutes: June 27, 1996 Fee Schedule: A brief discussion ensued in reference to proposed fee changes. Mr. Osgood wanted to confirm that the town and associated non-profit organizations are tax exempt. Ms. Stan and Ms. Ford assured Mr. Osgood and the other Board Members that this is now being done. On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to accept the proposed fee changes effective July 15, 1996 and to place a legal notice in the North Andover Citizen as follows: Permit Fee Schedule Current Fee Changes Construction Associated Fees: Disposal Works Installers License $50.00 $65.00 Disposal Works Installers Test no fee $25.00 Percolation Test $150.00 $175.00 Deep Hole Test Fee $150.00 $175.00 Disposal Works Construction Permit $60.00 $75.00 Disposal Works Construction Permit-Repair no fee $75.00 Design Approval Permit $60.00 Design Approval Re-Submittal Fee $25.00 Septic Regulations $5.00 Wells: Well Construction Permit $25.00 $50.00 Food Establishments: Food Service Establishment License $100.00/$150.00 Retail Food Service License $100.00/$150.00 Limited Retail Food Service License $50.00 Seasonal Food Service Permit $50.00 Temporary Food Service Permit $5.00 $25.00 Catering $50.00 Residential Kitchen(Homecook) $15.00 Mobile Food Truck License $50.00 Food Service Reinspection Fee $50.00 Food Service Plan Review Fee $50.00 Swimming Pools: Swimming Pool Operation Permit $100.00 Swimming Pool Plan Review $30.00 Miscellaneous: Offal/Trash Haulers License- Per Truck $100.00 Burial Permit $10.00 Funeral Directors License $100.00 Animal Permit $25.00 Dumpster Permit-Per Establishment $25.00 Massage Establishment License $50.00 $150.00 Massage License $10.00 $50.00 Recreational Camp Permit $100.00 Suntanning Establishment License $50.00 Tobacco Sales Permit $2.00 $20.00 Page 6 Minutes: June 27, 1996 Tony's Macaroni Restaurant: Ms. Ford mentioned to the Board Members that Tony's Macaroni Restaurant formerly Mezza Luna changed names and if the fee of$150.00 could be waived. Ms. Starr mentioned that this is a new establishment and no new changes were made to the restaurant. The Board Members stated that the change of name of an establishment requires a new permit and applicable fee. 370 Summer Street: Ms. Starr stated that she received a letter from Dave& Joanne Perry, 59 Johnnycake Street, North Andover, MA regarding their concerns on the proposed new septic system at Lot #9AA Summer Street. A copy of the letter was included in the Board Member's packets. Ms. Starr requested they review a letter to the Perrys and sign if they agreed with the content which they reviewed. The Board Members all agreed with Ms. Starr and sign the letter to Mr. & Mrs. Perry. Proposed North Andover Septic Regulations: Ms. Starr handed the Board Members a copy of the current North Andover Regulations, Proposed North Andover Regulations, and the new Title V to review. Ms. Starr suggested that the Board Members schedule a working meeting to go over the proposed North Andover Regulations and to address any issues they may have. Mr. Osgood stated that a public hearing has to be held and advertised. Ms. Starr stated that she realizes this but this is just the first draft and is hoping to hold the public hearing sometime in September. Mr. Osgood stated that the working session should be posted. Ever r� een: Ms. Ford mentioned that she went out to Evergreen to do peres and there was no backhoe and only one perc passed all day. Ms. Ford stated that Mr. Couillard was anxious to get these done, but not prepared. ADJOURNMENT: On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to adjourn.