HomeMy WebLinkAbout1996-08-21 Board of Health Minutes BOARD OF HEALTH
MINUTES
AUGUST 21, 1996
Mr. Osgood called the meeting 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, Susan Ford, Health Agent, and Sandra Starr, Health Administrator.
VARIANCE REQUEST -34 FOSTER STREET- BEN OSGOOD, JR.:
Mr. Gayton Osgood stepped down as Chairman to avoid an appearance of a conflict
of interest. Dr. MacMillan chaired this portion of the meeting.
Mr. Ben Osgood, Jr. was present and appeared before the Board to request a variance to
the North Andover Minimum Requirements for the repair of a Subsurface Disposal
System - distance to wetlands - 83 feet from wetlands.. Mr. Ben Osgood, Jr. stated that
his client Mr. Eugene Klinow had a Title V inspection and the system failed. Mr. Ben
Osgood, Jr. stated that he redesigned the system and replaced the 700 gallon tank with a
1500 gallon tank.
Ms. Starr stated that she does not have a problem with granting this variance.
On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted
unanimously to grant variance of 83 feet to wetlands.
At this time Mr. Osgood rejoined the meeting.
RESIDENTS - NON-COMPLIANCE TO SEWER TIE-IN:
Mr. Osgood emphasized that the Board of Health is not trying to give anyone a hard time
about sewer tie-in - it's just that the Town has spent a lot of money and a lot of effort to
improve the water supply over the past 10-15 years so when sewer goes in around the lake
the Board wants to see people tie-in.
Mr. Steven Murphy, 1510 Great Pond Road was present and stated that he pulled a
permit from DPW and is getting estimates from contractors. Mr. Murphy mentioned the
excessive fee that DPW charges as a tie-in fee - $1,000. Mr. Osgood thought that there
might be a possibility to pay this over a period of time. Ms. Starr stated that she could
look into it and see what can be done. Mr. Osgood doubted if the fee would be eliminated
but reassured him that the Board would look into it. Mr. Osgood stated that he
understands the expense but if sewer is available,people are required to tie-in.
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Minutes: August 21, 1996
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Mr. William Nasser, 475 Great Pond Road was present and explained to the Board his
dilemma in reference to his driveway. He stated that 7-8 years ago he put a new drive-
way in and he hired Andover Construction - Andover Construction suggested to hire
Buddy Watkins to run pipes to sewer, and at the end of drive-way put a temporary hot top
where they were to tie-in. Mr. Nassau stated that then he got notification that that is not
where the tie-in will be and that it was going to be 40 or 50 feet up the street. Mr. Nasser
stated that when he spoke with Tim Willett he said a pump has to be installed. Ms. Ford
stated that she spoke to Tim Willett today and that there is a problem and DPW is just-
starting to investigate it. Ms. Ford stated that DPW will come to a solution and they will
work with Mr. Nasser.
Mr. Doug Howe, 505 Great Pond Road was present and explained to the Board that he
was having trouble getting bids, however, he acquired a couple. Mr. Howe said he spoke
with DPW and Mr. Bill Scott. He stated that he wants to get the best estimate and so far
it is going to cost him $6,000. He stated that the costs to tie-in are outrageous and that he
is not ignoring the situation.
On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted
unanimously to meet in 6 months for a progress report and to require residents to
tie-in within 9 months.
On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted
unanimously to amend the original motion to state as follows: to get an updated
progress report at the November meeting and to require residents to tie-in within 9
months.
At this point in time, the Board decided to attend to other agenda items and then return to
discuss letters received by residents in reference to sewer tie-in.
VARIANCE REQUEST - LOT 6B SALEM TURNPIKE - NEVE ASSOCIATES:
Mr. John Morin, Engineer, Neve Associates was present and requested to come before the
Board representing Riding Realty Trust. Mr. Morin requested to come before the Board
for the following variances:
• Design Flow: 110 Gal/Bedrm/Day vs. 165 Gal/Bedrm/Day required
• Setback distance from foundation drain to leaching facility: 31 feet vs. 35 feet
required
On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted
unanimously to grant the variances stated above.
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Minutes: August 21, 1996
CONTINUED: NON-COMPLIANCE - SEWER TIE-IN:
The Board Members discussed each letter they received in reference to sewer tie-in and
recommended the following:
The Board directed Sandra Starr, Health Administrator to send the following residents a
letter (certified) telling them that the Board is in receipt of their letter and request that they
supply the Board of Health with the following information:
• ask them for documentation such as quotes/bids
• where they are in the process
• their potential date of sewer tie-in
• please reply within 30 days
• if no response, send to Town Counsel
Gerald Brecker, 691 Great Pond Road
Bill Barrett, 1492 Great Pond Road
Mel & Cari Marchese, 1430 Great Pond Road
Mr. & Mrs. Albert Manzi, Sr., 440 Great Pond Road
The Board Members discussed the letter from Peter J. Houvouras, 2 Bonny Lane which
stated that he can not comply due to strict financial constraints (bankruptcy). Ms. Starr
stated that Bonny Lane is a very critical area.
Ms. Starr stated that she is attending a meeting next Monday regarding Shawsheen River
Watershed and there is money coming to towns for septic repairs, and sewer tie-ins and
she will keep 2 Bonny Lane in mind when she attends the meeting.
Mr. Osgood suggested to send 2 Bonny Lane to Town Counsel with question as to
placing some sort of restriction on the deed just in case the property changes hands
because of bankruptcy.
The Board Members suggested to send another letter (certified) to the residents that did
not attend the August meeting and ask them to attend the meeting on September 26, 1996_
If they do not attend, send to Town Counsel. The List is as follows.
• 767 Great Pond Road
• 768 Great Pond Road
• 808 Great Pond Road
• 1430 Great Pond Road
• 1511 Great Pond Road
• 1665 Great Pond Road
• 35 Bridle Path
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Minutes: August 21, 1996 l
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DISCUSSION - NEW TECHNOLOGY & POSSIBLE EXPANSION (ci),NESWC:
Mr. Osgood stated that there is a meeting on September 3, 1996 @ 7:30 p.m. at the
Library regarding NESWC facility. The meeting will be about the contractual end
between the town and NESWC with tipping fees. Mr. Osgood stated that the facility was
built without scrubbers and stack gases and it's different from the one in Haverhill. Camp,
Dresser, & McKee is doing the study.
Ms. Starr stated that Brian Clements from Camp, Dresser, &McKee called her about the
site assignment, the air quality, and the permit requirements from NESWC. Ms. Starr
stated that Mr. Clements wanted to know if the Board had any input on permit
requirements or any other issues concerning the expansion with NESWC. Ms. Starr
stated that she pulled the file and the original site assessment was back in 1982, the file
only goes back to 1985, and the specific things that were required by the town back then
such as what they were, whether they existed, and if they were complied with are not
known.
Mr. Osgood stated that what the deal was back then was that the town really wanted
NESWC because the town closed the dump. Mr. Osgood stated that the town did not
have any requirements except that they required that the trucks that come in from other
towns come in around the Ward Hill connector, and also required they widen the road on
Route 125.
Ms. Starr stated that Mr. Clements was wondering what the Board is looking for, i.e.
higher stacks, scrubbers. Mr. Osgood stated that the reason for this is because NESWC
will have to put the scrubbers on to straighten the air quality.
Ms. Starr mentioned that an issue that was looked at was pediatric asthma in this area and
was there higher rates of asthma because of NESWC and the burning facilities in this area.
Ms. Starr stated that DEP does not look at the saturation. Mr. Osgood stated that they do
not look at the aggregate. Mr. Osgood stated that they look at each one of these plants
individually-what happens when you add them up? Ms. Starr stated that as the Board of
Health, we have the right to and the authority and make recommendations. Ms. Starr
asked, "do we want investigate and do some work and look at this?" Mr. Osgood stated
that first of all we should know what the air quality is in North Andover. Mr. Osgood
wanted to know how to get the data on North Andover's air quality - the Board of Health
should have that data. He stated that people always seem to ask that question, "what's in
the air around here?"
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Minutes: August 21, 1996 j
Dr. MacMillan asked if Haverhill plant is adequate enough to take care of North Andover
and why do we need NESWC plant? Ms. Starr stated that Ogdan Martin did an
expansion, and that was a good question.
Dr. MacMillan asked, "who's asking these questions about the Board of Health?" Ms.
Starr responded Camp, Dresser, & McKee, they're going to be working on this project
and they wanted to know if the Board wanted to require any of the new technology such
as if there are going to be any further requirements beyond the State. Mr. Osgood stated
that the Board does not have the technical expertise. Mr. Osgood stated that the Board of
Health can address problems like the trucks and other local impacts. Dr. MacMillan stated
that the Board of Health should have a position on this,especially if this is going to come
up to the public.
Mr. Osgood stated that the Board as a whole should go to the meeting on Tuesday,
September 3" and make a statement and show our interest. Mr. Osgood stated that he
will copy the notice and send it to Dr. Rizza and Dr. MacMillan. Dr. MacMillan stated
that the Board should have some sort of position on this. Ms. Starr stated that in the
meantime she will gather some information on air quality.
Dr. MacMillan suggested that we should ask questions about the air quality, i.e. What is
coming out now? What are they doing to improve that? Is it really bad now?
Ms. Ford stated that there will be a public outcry concerning the money, tipping fees will
triple.
OTHER BUSINESS:
Approval of Minutes - 7/25/96:
On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted
unanimously to approve the minutes of 7/27/96 as written.
DEP Survey:
Ms. Starr briefly reviewed a survey from DEP with Board Members. Mr, Osgood
mentioned that he would like to invite DEP to come before the Board to discuss
alternative systems. Ms. Starr stated that she will schedule someone to come before the
Board to discuss trickling filters/alternative systems.
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Minutes: August 21, 1996
Schedule Working Meeting Date - Proposed Regulations:
The Board Members briefly discussed scheduling a working session in reference to
proposed regulations. The Board Members agreed on two dates Wednesday, August 28`t'
or Thursday, August 29"'. Dr. Rizza needed to check and get back to the secretary as to
which one he could attend.
729 Boxford Street - Variance to Distance to Wetlands:
Ms. Starr stated that Phil Christiansen asked her to bring this before the Board and see if
the Board Members would consider this. Mr. Christiansen's client wanted to get a
guarantee that the Board would grant this°variance. Mr. Osgood stated that the Board
can not guarantee anything. Mr. Osgood stated that he sees no problem with granting a
variance for 75 feet. Ms. Starr stated that she will inform Mr. Christiansen that it looks
like a possibility.
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