Loading...
HomeMy WebLinkAbout1996-07-25 Board of Health Minutes BOARD OF HEALTH MINUTES JULY 25, 1996 Mr. Osgood called the meeting to order at 7:02 P.M. MEMBERS PRESENT: Gayton Osgood, Chairman, Francis P. MacMillan, M.D., Member, John S. Rizza, D.M.D., Member, Susan Ford, Health Agent, and Sandra Starr, Health Administrator. VARIANCE REQUEST - 31 CANDLESTICK ROAD - REPAIR- DIVERSIFIED ENGINEERING- PETER PARENT: Mr. Peter Parent and Charles Ogden from Diversified Engineering were present and requested to come before the Board for the following variances: 1. A variance to 310 CMR 15.104(4) is sought to allow a percolation rate based on empirical data instead of the required 1 percolation test per area. Due to the existing high groundwater elevation, performing a percolation test in the "C2" horizon has not been feasible and therefore the rate can only be based on previous testing on the lot. A rate of 10 minutes per inch has been selected for the purpose of this design. 2. A variance from the North Andover Board of Health Regulation 18.05 requiring a 12" depth of 3/4 to 1 '/2 inch stone to allow a 6" depth. 3. Variance to construct a wooden retaining wall instead of a concrete retaining wall. Ms. Starr stated that she did not have a problem with the 6 inches of stone instead of 12". The Board Members were not in favor of the wooden barrier. On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted unanimously to grant the variance from the North Andover Board of Health Regulation 18.05 requiring a 12 inch depth of 1/4 to 1 1/z inch stone to allow a 6 inch depth. On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted unanimously to grant the variance to 310 CMR 15.104 15.104(4) to allow a percolation rate based on empirical data instead of the required 1 percolation test per area at a rate of 10 minutes per inch. On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted unanimously to deny the variance request for a wooden retaining wall. Page 2 Minutes: July 25, 1996 Ms. Starr notified Mr. Parent that the $60.00 Design Review Fee has to date not been paid & that no approval could be forthcoming until payment has been received by the Board of Health. VARIANCE REQUEST - LOT 416 PHEASANT BROOK- PHIL CHRISTIANSEN: Dan O'Connell, Engineer from Christiansen& Sergi was present and requested to come before the Board for the following variances: 1. Variance from North Andover Regulation 4.18 - Distances - to allow for the proposed disposal system to be located at a distance of 20 feet from the proposed cellar wall and foundation drain. The set back distance required by the North Andover regulation is 35 feet. The set back distance required by Title V is 20 feet. 2. Variance from North Andover Regulation 4.18 - Distances - to allow for the proposed septic tank to be located at a distance of 10 feet from the proposed cellar wall and foundation drain. The set back distance required by the North Andover regulation is 25 feet. The set back distance required by Title V is 10 feet. On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted unanimously to grant the two variances mentioned above. Ms. Starr mentioned to Mr. Thomas Murphy that a check for $25.00 for a revision of the plans was due. REQUEST FOR A MASSAGE THERAPIST LICENSE - CLAYTON BRANNON - DB/A CATHERINE MICHAEL'S SALON/SPA: Mr. Clayton Brannon came before the Board of Health to request a Massage Therapist License. The Board Members reviewed Mr. Brannon's credentials and on approval of their findings voted as follows: On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted unanimously to grant a Massage Therapist License to Mr. Clayton Brannon. REQUEST FOR A MASSAGE ESTABLISHMENT LICENSE - CATHERINE MICHAEL'S SALON/SPA: On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to grant a Massage Establishment License to Catherine Michael's Salon/Spa contingent upon a satisfactory inspection. Page 3 Minutes: July 25, 1996 OTHER BUSINESS: Approval of Minutes - 5/27/96: The Board Members reviewed the minutes of the meeting of 5/27/96. Dr. MacMillan suggested that if one of the Board Members is late to incorporate the time in the body of the minutes. On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to approve the minutes of 5/27/96. Proposed Local Regulations - Discussion: A lengthy discussion ensued in reference to the Board of Health instituting a program to help educate food establishments on food handling. The overall discussion included the following: • to set up an in-house education program • on site training - 10-15 minute symposium • not enough staffing • advertise public hearing • material fee suggested Ms. Starr mentioned that at the present time Susan Ford is the only one performing food inspections and it is impossible for her to do a in-house training during working hours because 1) need more staff, and 2) food establishment employees are working and functioning and can not take the time out during restaurant hours to do a training course. Mr. Osgood suggested that Ms. Starr and Ms. Ford give this some thought and bring it back to the Board Members at the August meeting. Non-Compliance to Sewer Tie-In Letter dated 5/12/96: Ms. Ford mentioned to the Board Members that it's "D-Day". Ms. Ford brought before the Board a list of residents who have not tied-in to Town Sewer. Ms. Ford also composed a letter and wanted the Board Members input. Ms. Ford mentioned that there are residents in the watershed who have not even pulled permits. Dr. MacMillan stated that the area around the lake, Great Pond Road, is the most critical area. At this point in time, Dr. Rizza left the meeting. The time was 8:01 P.M. Dr. MacMillan stated that he thought the letter that Ms. Ford composed was not strong enough. The Board Members gave Ms. Ford a few suggestions and told her to send the Page 4 Minutes: July 25, 1996 letter out and to ask the residents who have not tied in to come before the Board on August 21, 1996. Dr. MacMillan suggested to make the letter strong and to let them know that the Board of Health will take legal action according to the Regulations for Sewer Tie-In adopted on March 17, 1994 which is on file with DEP and is enforceable. Proposed Local Septic Regulations: Ms. Stan suggested that the Board Members read the draft proposed regulations and to mark down their concerns, and any questions they may have concerning them. After the Board Members thoroughly examine the regulations Ms. Stan suggested scheduling a work session to discuss the changes and their concerns/questions. Mr. Osgood stated that this meeting will have to be posted. Ms. Starr stressed the fact that she wants the Board Members to be completely involved in this process and to understand the "new" local regulations changes and be able to support whatever they finally adopt. Johnson Street - Mrs. Gaskell: Ms. Ford explained to the Board Members about an ongoing problem that Mrs. Gaskell has with her neighbors septic system. Mrs. Gaskell states that her neighbors septic system has a profound odor. Ms. Ford stated that Mrs. Gaskell believes that the Board of Health should force her neighbor to tie-in to Town Sewer. Ms. Starr stated that she has been out their several times and there is no odor, no run off and she can not verify odor. Ms. Stan stated that she has been tempted to knock on neighbors doors and ask if she could look and check in their backyard. Dr. MacMillan asked Ms. Starr, "can neighbors refuse to let you in their yard?" Ms. Starr responded, "yes" , but we can get a search warrant. Mr. Osgood asked if any one has spoken to this neighbor Mrs. Gaskell's been complaining of? Ms. Stan& Ms. Ford both responded, "no". Ms. Ford stated that the neighbor is sick with health problems. Ms. Starr stated that she was thinking of giving Mrs. Gaskell a form for her to write down dates, times, etc. of when she notices the odor. Ms. Stan suggested surveying the neighborhood to see if others smell the septic odor. Next meeting with the Board of Health is Thursday, August 22, 1996. Board Members directed Ms. Starr to schedule a work session for the proposed local septic regulations on a Wednesday or Thursday. ADJOURNMENT: On a motion by Dr. MacMillan, seconded by Mr. Osgood, the Board voted unanimously to adjourn the meeting. John S. Rizza, D.M.D., Clerk