HomeMy WebLinkAbout1996-09-26 Board of Health Minutes BOARD OF HEALTH
MINUTES
SEPTEMBER 26, 1996
Mr. Osgood called the meeting to order at 7:00 p.m.
MEMBERS PRESENT.•
Gayton Osgood, Chairman, Member, John S. Rizza, D.M.D., Member, Susan Ford,
Health Agent, and Sandra Starr, Health Administrator. Francis P. MacMillian, M.D.,
Member, was not present.
7.00 P.M. -PUBLIC HEARING-REVISONS TO THE NORTH BOARD OF
HEALTH REGULATIONS OF THE SUBSURFACE DISPOSAL OF SANITARY
SEWAGE, "MINIMUM REQUIREMENTS FOR THE SUBSURFACE DISPOSAL
OF SANITARY SEWAGE."
Mr. Osgood opened the Public Hearing at 7:00 p.m. The Legal Notice was briefly
discussed and the Board voted on the following changes:
On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously
to accept revisions to the "Minimum Requirements for the Subsurface Disposal of
Sanitary Sewage" effective October 1, 1996:
a) Section 2.14 - Minimum Daily Flow - 440 gallons and minimum sewage
flow estimates for single family units - 110 GPD.
b) Section 4.18 - distance from cellar wall to septic tank and leaching facility
10 feet and 20 feet, respectively.
NON-COMPLIANCE TO SEWER TIE-1N
Mel Marchese - 1430 Great Pond Road
Gerald I. Brecher - 691 Great Pond Road
James Toye - 1511 Great Pond Road
Michael& Julie Gracia- 768 Great Pond Road
Dr. Stephen Scully- 808 Great Pond Road
Mr. &Mrs. Steven Sculley
Mr. &Mrs. Steven Matses - 35 Bridle Path Road
Thon Son- 1665 Great Pond Road
William Barrett - 1492 Great Pond Road
Mr. Osgood emphasized that for the past fifteen (15) years the Town has made a large
effort to improve the water quality for Lake Cochichewick water supply and to ensure safe
drinking water. Mr. Osgood mentioned that the Board of Health has been very
instrumental in doing this and that he would like to see no septic systems along the
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Minutes: September 26, 1996
watershed. Mr. Osgood stated that the Board is willing to listen but ultimately the Board
wants all houses to tie-in to sewer when it becomes available.
At this point in time, the Board Members listened to all concerns regarding reasons
why they did not comply.
440 Great Pond Road-Mr. Albert Mantii, Sr.:
Mr. Albert Manzi, Jr. was present representing his parents Mr. &Mrs. Albert Manzi, Sr.
Mr. Manzi stated that his parents both have health problems and both are non-ambulatory.
Mr. Manzi requested more time because of the extensive work and the expense. Mr.
Manzi stated that the house will not be sold as long as his parents are alive. Mr. Osgood
suggested placing a restriction on the deed and asked Mr. Manzi if he would have a
problem with that. Mr. Manzi stated that he did not have a problem with placing a
restriction on the deed but would request the maximum amount of time to tie-in. Mr.
Manzi stated that the septic system is being pumped once a year every October by Stewart
Septic.
On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously
to the following:
1) To have Mr. Manzi, Jr. contact a lawyer to draw up a restriction on
the deed for 440 Great Pond Road.
2) To have the septic system inspected by a certified inspector and to
give report to Sandra Starr, Health Administrator.
3) To come back before the Board of Health in February in order to give
the Board Members a time frame to tie-in to municipal sewer.
726, 766, 776 Great Pond Road-Mr. Rob Wortham:
Mr. Rob Wortham owner of the property was present. Mr. Wortham is requesting more
time to tie-in. At the present time there are 6 lots & each lot is owned by a different
sibling. Mr. Wortham stated that he needs more time to play with the different options.
The Board Members agreed to give Mr. Wortham more time and to come back
before the Board in November.
1511 Great Pond Road-Mr. James Toye:
Mr Toye stated that he was tied in to municipal sewer but can not recall when this
occurred. Ms. Ford stated that she spoke with Tim Willette and he was scheduled to go
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Minutes: September 26, 1996
out to the house today. Ms. Ford stated that it is not confirmed that he's on Town sewer
but Tim will confirm or deny this.
1430 Great Pond Rood-Mr. Mel Marchese:
Mr. Marchese requested more time - 2-3 months - no later than spring of'97. Mr.
Osgood stated that the Board of Health is requiring all to tie-in - no exceptions.
The Board agreed to give Mr. Marchese more time and asked him to come before
the Board in February.
691 Great Pond Road- Gerald I. Brecher:
Ms. Starr mentioned to the Board Members that Mr. Brecher is all set - permit pulled
from DPW which he dropped off today which is enclosed in the packets.
1665 Great Pond Road- Thon Son:
Ms. Ford stated Mr. Thon Son is the renter, the owner is El Hefni. The Board Members
suggested to send Mr. Hefni a certified letter.
On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously
to refer the following to Town Counsel and to send a letter to the Town Manager in
reference to this action:
Michael & Julie Gracia, 768 Great Pond Road
Dr. Stephen Scully, 808 Great Pond Road
Mr. & Mrs. Joseph Sculley, 767 Great Pond Road
Mr. & Mrs. Steven Matses, 35 Bridle Path Road
REQUEST FOR MASSAGE ESTABLISHMENT AND THERAPIST LICENSE-
ELIZABETHL. ANDERSON, 148 SUMMER STREET, ANDOVER, MA 01810,
DIBIA FRY'S COURTHOUSE, 147MAINSTREET.-
Ms. Elizabeth Anderson came before the Board of Health to request a Massage
Establishment/Therapist License. Ms. Anderson stated that she needs a CPX and a TB
test. She is scheduled for a CPX on October 1, 1996.
On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously
to grant a Massage Establishment/Therapist License to Elizabeth Anderson
contingent upon an inspection of the premises at 147 Main Street and a clean bill of
health.
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Minutes: September 26, 1996
VARIANCE REQUEST-LOTS 27, 28, & 29 WOODLAND ESTATES-HA YES
ENGINEERING.
Mr. Edward Stearns, Hayes Engineering was present and requested to come before the
Board for variances from the North Andover Board of Health Regulations for Lot 27, 28,
& 29 Woodland Estates. The following variances were requested:
Lot#27 Woodland Estates:
Section 2.13, which requires a design flow of 165 gallons per bedroom per day. The
design is based on a flow of 110 gallons per bedroom per day, which is the Title V
requirement.
On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously
to grant the variance to North Andover's Local Regulations, Section 2.13, Design
Flow.
Lot#28 Woodland Estates:
Section 2.13, which requires a design flow of 165 gallons per bedroom per day. The
design is based on a flow of 110 gallons per bedroom per day, which is the Title V
requirement.
On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously
to grant the variance to North Andover's Local Regulations, Section 2.13, Design
Flow.
Lot#29 Woodland Estates:
Section 213, which requires a design flow of 165 gallons per bedroom per day. The
design is based on a flow of 110 gallons per bedroom per day, which is the Title V
requirement.
Section 4.18, which requires a distance of 100 feet between a wetland and the leaching
facility or reserve area. A distance of 78 feet is provided.
On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously
to grant two variances to North Andover's Local Regulations, Section 2.13, Design
Flow and Section 4.18, Distance to Wetlands.
Ms. Starr pointed out there are additional issues with the plans that need to be addressed.
Mr. Stearns stated he would be submitting revised plans.
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Minutes: September 26, 1996
VARIANCE REQUEST-LOT 9 PHEASANT BROOK ROAD-EVERGREEN
ESTATES- CHRISTIANSEN& SERGI.-
Mr. Phil Christiansen from Christiansen& Sergi was present and requested to come before
xhe Board for the following variances from the Town of North Andover's Minimum
Requirements for the Subsurface Disposal of Sanitary Sewage:
1. North Andover Regulation- Section 2.14.4 - Minimum Capacity. The
variance request is to allow for the minimum capacity of the disposal
system to be reduced from the required 660 gallons per day to the design
flow of 440 gallons per day.
2. North Andover Regulation- Section 2.14 - Sewage Flow Estimates. The
variance requested is to allow for the estimated daily flow per bedroom to
be reduced from the North Andover requirement of 165 gallons per day to
the Title V requirement of 110 gallons per day.
On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously
to grant the two variances to the North Andover's Local Regulations, Section 2.14.4
-Minimum Capacity and Section 2.14 - Sewage Flow Estimates.
VARIANCE REQUEST-LOT 13 BEAVER BROOK ROAD-EVERGREEN
ESTATES- CHRISTIANSEN& SERGI.
Mr. Phil Christiansen from Christiansen& Sergi was present and requested to come before
the Board for the following variances from the Town of North Andover's Minimum
Requirements for the Subsurface Disposal of Sanitary Sewage:
1. North Andover Regulation 2.14.4 -Minimum Capacity- The variance
requested is to allow for the minimum capacity of the disposal system
to be reduced from the required 660 gallons per day to the design flow
of 440 gallons per day.
2. North Andover Regulation 2.14 - Sewage Flow Estimates - the
variance requested is to allow for the estimated daily flow per bedroom
to be reduced from the North Andover requirement of 165 gallons per
day to the Title V requirement of 110 gallons per day.
3. North Andover Regulation 4.18 -Distances - The variance requested is
to allow for the proposed 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.
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Minutes: September 26, 1996
On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously
to grant three variances from the North Andover Local Regulations for Lot#13
Beaver Brook, 1) Section 2.14.4 - Minimum Capacity, 2) Section 2.14 - Sewage flow
Estimates, 3) Section 4.18 - Distances.
VARIANCE REQUEST-LOT 21 BEAVER BROOK-EVERGREEN ESTATES-
CHRISTIANSEN& SERGI.•
Mr. Phil Christiansen from Christiansen& Sergi was present and requested to come before
the Board for the following variances from the Town of North Andover's Minimum
Requirements for the Subsurface Disposal of Sanitary Sewage:
1. Section 2.14.4 -Minimum Capacity - The variance request is to allow
for the minimum capacity of the disposal system to be reduced from the
required 660 gallons per day to the design flow of 440 gallons per day.
2. Section 2.14 - Sewage Flow Estimates - The variance request is to
allow for the estimated daily flow per bedroom to be reduced from the
North Andover requirement of 165 gallons per day to the Title V
requirement of 110 gallons per day.
On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously
to grant two variances to the North Andover's Local Regulations for Lot 21 Beaver
Brook Road, Section 2.14.4 - Minimum Capacity and Section 2.14 - Sewage Flow
Estimate.
729 BOXFORD STREET.•
This was not on the agenda but Mr. Christiansen& owner Jeff Simmons wanted to know
what the Board Member's point of view would be on this matter. The variance is distance
to wetlands. A brief discussion ensued.
On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously
to grant a variance to distance to wetlands contingent upon approval of the plan.
The distance to wetlands cannot be less than 75 feet.
240 ABBOTT STREET.•
Ms. Starr stated that this is a Title V failure and the owner is selling and putting money in
escrow. The owner, Judy Ruane, wants the Board of Health to allow her to repair the
septic system in five (5) years instead of repairing the system in three (3) years because
sewer is slated for this area.
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Minutes: September 26, 1996
The Board of Health agreed to give Mrs. Ruane 5 years instead of 3 years to repair
their septic system at 240 Abbott Street unless town sewer becomes available prior
to 5 years. Tie-in to sewer must occur as soon as sewer is available.
LOT#2 JOHNNY CAKE:
Ms. Starr mentioned that she has an issue with Lot#2 Johnny Cake that she wanted to go
over with the Board. She reiterated the history of the lot and the recent denial of
variances by the Board. A new owner is requesting soil tests.
Mr. Osgood stated that if he wants more soil testing, the Board of Health can not deny
him more testing. Mr. Osgood stated if they want to go to the State for variances, they
can. He added that the Board would look very closely at any variance requests.
No further discussion.
OTHER BUSINESS:
Approval of Minutes - 8/21.96:
On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously
to approve the minutes of 8/21/96 as written.
LOT 8B SUMMER STREET:
Mr. Tom Neve requested a variance to North Andover Regulation- Section 2.14 -
Sewage Flow Estimates. The variance requested is to allow for the estimated daily flow
per bedroom to be reduced from the North Andover requirement of 165 gallons per day to
the Title V requirement of 110 gallons per day.
On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously
to grant a variance to North Andover Regulation - Section 2.14 - Sewage Flow
Estimates of 165 gallons per day to the Title V requirement of 110 gallons per day.
LOT 6C TURNPIKE.
Ms. Starr mentioned that at the June 27, 1996 meeting the Board inadvertently omitted
the issue of a waiver from the local regulations for the distance from foundation drain to
leaching area and septic tank.
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Minutes: September 26, 1996
On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously
to grant a variance for the distance from foundation drain to leaching area and
septic tank.
Val's Village Deli Update:
Ms. Ford updated the Board Members on the status of Val's Village Deli. She stated that
order letters went out in reference to the clean-up of Val's Deli on Salem Street and
reiterated to Mr. Valentino that he needs to attend a Food Handler's Course this fall
according to the minutes dated May 23, 1996 which states, "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."
The Board Members directed Ms. Starr to send Mr. Valentino a copy of the
Minutes of May 23, 1996.
North Andover Star Market.
Ms. Starr updated the Board Members on a recent incident with Garilick Farms milk. A
daughter of a worker at Val's Restaurant, Main Street, North Andover got sick after
drinking Garilick Farms milk. The milk had a sweet taste. Ms. Starr stated that she did an
inspection at Star Market and suggested that they do temperature checks on the milk that
is delivered to them- she explained to find a container, open it, and check the
temperature. Ms. Starr stated that Garilick Farms was notified by the store mangement.
Choke Saving Course:
A brief discussion ensued in reference to the upcoming 1.5 hour Choke Saving Course.
The Board mentioned that Barber Shops need to be certified in Choke Saving and that
maybe the Board should look at creating local regulations.
Annual Town Report:
Ms. Starr distributed the Board of Health portion of the Annual Report to the Board
Members for them to review.
Sutton Pond Condo Compaints:
Ms. Starr updated the Board Members of the complaints received in reference to Sutton
Pond Condo and Mr. Venile. Ms. Starr stated that the family is not getting involved. Mr.
Osgood suggested that Ms. Starr speak with Mr. Dick LeHaye, Veteran's Administration.
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Minutes: September 26, 1996
Ms. Starr stated that the family needs to get involved with this problem, not the Town.
The neighbors feel unsafe in their condo complex and something needs to be done. Mr.
Osgood suggested setting up a meeting again with family and the Health Department.
Tank Abandonments:
Ms. Ford informed the Board Members that Mr. Tim Willett will be the official tank
abandonment inspection person and the Board Members need to appoint him an agent of
the Board of Health.
On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously
to grant Timothy Willettt an agent of the Board of Health to perform tank
abandonments.
Evergreen:
Ms. Starr explained that the Couillards have concerns about the possibility of problems at
Evergreen Estates because of the Planning Board condition requiring the excavation of
leach area bed bottoms prior to Form U sign-offs. They state that some leach areas may
be open for extended lengths of time if the lots do not sell. There are also difficulties with
Phased Development Bylaw that adds to the problem. After discussion with Bill Scott,
Ms. Starr stated that with the Board/s approval she intended to request a modification of
the original Planning Board condition, changing it so that a note is recorded on the deed
for each relevant lot that the septic system shall be installed, inspected and approved by
the Board of Health before construction of the primary building is begun. Once a copy of
the filing is submitted to the Board of Health and the Planning Board, the Form U can be
signed and the lot released.
Mr. Osgood and Dr. Rizza do not have a problem with this.
ADJOURNMENT.•
On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously
to adjourn at 9:00 P.M.
John S. Rizza, D.M.D., Clerk