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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. Page 2 Minutes: August 21, 1996 i 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. Page 3 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 4 Page 4 Minutes: August 21, 1996 l t 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?" f Page 5 r 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. Page 6 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