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HomeMy WebLinkAbout1996-11-21 Board of Health Minutes BOARD OF HEALTH MINUTES NOVEMBER 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 Inspector, and Sandra Starr, Health Administrator. REQUEST FOR MASSAGE THERAPIST LICENSE - DOROTHY A. DECESARE, DB/A NEW BODIES: Ms Dorothy Decesare came before the Board of Health to request a Massage Therapist License, d/b/a New Bodies. Ms. Decesare handed the Board a written document stating that she had a CPX and a negative mantoux test. i On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to grant a Massage Therapist License to Dorothy DeCesare, d/b/a New Bodies. DOUG HOWE - SEWER TIE-IN UPDATE - 475 GREAT POND ROAD: Mr. Osgood stated that Mr. Howe called him today and informed him that arrangements for sewer tie-in have been made. Mr. Howe stated that plans have been submitted, contractor hired everything is ready and he plans on completion of the connection in the spring. REQUEST FOR AN ADDITONAL EXTENSION - 700 GREAT POND ROAD - MARILYN S. ELIAS: Ms. Ford mentioned that Marilyn Elias requested a three month extension because the building of her house is a little behind schedule. On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously to grant an extension for six months which will be May 1, 1997. WILLIAM NASSAR- SEWER TIE-IN UPDATE - 475 GREAT POND ROAD: Mr. Nassar was present and submitted a proposal he received from J.W. Watson, Jr. Inc. dated November 8, 1996. Mr. Osgood asked Mr. Nassar, "when do you plan on doing this - can you give us a time frame?" Dr. MacMillan arrived at 7:15 p.m. Page 2 Minutes: November 21, 1996 Mr. Osgood stated that the Board of Health's concern is that he tie-in to town sewer. Mr. Nassar mentioned the problem he had 7 or 8 years ago with DPW and costs, etc. Mr. Osgood stated that the money issue is with George Perna. The Board of Health only wants him to tie-in to municipal sewer. Ms. Ford suggested that Mr. Nassar call Mr. Perna. Mr. Osgood told Mr. Nassar that he would like him to tie-in and have the work completed by next spring. Mr. Nassar will call George Perna and then get back to the Board of Health. MILLPOND DUMPSTER COMPLAINT: Ms. Rosemary Janko, 135 Stevens Street and Mr. Bob Allan, Superintendent at Millpond were present. Mr. Osgood briefed the Board Members that Millpond has a semi-fenced-in dumpster which is semi-fenced-in off Stevens Street used for construction waste, i.e. boards, dry 3 wall. Mr. Osgood stated that the problem is that the Board of Health requires a dumpster to be covered and construction dumpsters cannot to be covered. Ms. Janko wanted to know if the Board of Health Dumpster Regulations state how far away a dumpster should be from a home. Mr. Allan stated that this construction will be ongoing and this is why Ms. Janko is concerned. General discussion ensued in reference to enclosing the dumpster with an eight (8) foot fence. Ms. Janko suggested moving the dumpster to a different location. Mr. Osgood asked if there was another location to put the dumpster. Mr. Osgood stated that maybe there's a better place and suggested that the Board Members get together and do a site visit. All Board Members agreed to set a date for a site walk at Millpond Condos. Mr. Osgood directed Ms. Ford to set up the time and date and get back to them. Mr. Osgood also expressed his concern over the brush across the street and stated that this needs to be removed. Mr. Osgood stated that there has to be a solution for this not to happen again. NESWC - TRUCK TRAFFIC - DISCUSSION: Mr. Osgood briefly explained that state law allows the Board of Health to regulate traffic to go to the dump. The Town is in the process of renegotiating the contract with NESWC and citizens' are concerned about the truck traffic stated Mr. Osgood. Mr. Osgood stated that there are no proposed regulations written as of yet. He stated that this is a complex Page 3 Minutes: November 21, 1996 issue, but the Board of Health has the most power to regulate trucks and the town has lawyers working on this. Mr. Osgood stated that the new regulations will indicate what routes to take - the truck route originally set -Route 114 to the Ward Hill Connector is not enforced. Ms. Starr suggested that the Board Members make a recommendation to go in the minutes and motion that they will proceed with planning regulations. On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted unanimously to proceed with the planning of new regulations on the truck traffic through the Town of North Andover. OTHER BUSINESS: i Approval of Minutes - 10/31/96: i On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to approve the minutes of October 31, 1996 as written. LOT 59 BRIDGES LANE - CONTRADA - DISCUSSION: Mr. Contrada and his Attorney, Joseph Clemons were present. Dr. Rizza stated that he thought that all the variances for Lot #59 Bridges Lane were granted and in place. Dr. Rizza believed that the proposed plans were approved. Dr. Rizza stated that Mr. Contrada was under financial distress. Dr. Rizza recalled that when variances were granted Mr. Contrada asked, "does that mean I have all I need" - Dr. Rizza believed that when all variances were granted that meant it was okay to proceed. Dr. Rizza stated that he was quite upset and quite annoyed to hear that a member of this office called the State Ethics Board concerning a conflict of interest. Dr. Rizza mentioned that he's been on the Board for fourteen (14) years and the only contact is a patient contact but other than that there is no other contact with Mr. Contrada. In light of that, Dr. Rizza handed the Board Members an affidavit in reference to "Notice of Doctor/Patient Relationship". Dr. Rizza read the following: "This notice is given that Mr. Joseph Contrada and family are patients within the dental office. We possess no further business dealings beyond a dentist/patient relationship and hence believe there is no conflict of interest with any Board of Health issues or matters". Meeting will be November 21" at 7 p.m. This affidavit was dated November 20, 1996 and stamped by the Town Clerk, Joyce Bradshaw on November 20'h at 2:20 p.m. Page 4 Minutes: November 21, 1996 Dr. Rizza stated that he believes he should abstain from the meeting. Mr. Osgood stated that he does not think that Dr. Rizza has to abstain from the meeting. Mr. Osgood went on to say that Ms. Starr called him about the issues at 59 Bridges Lane and she questioned whether there may be a conflict of interest between Dr. Rizza and Mr. Contrada. Mr. Osgood stated that he told Ms. Starr that he did not think that was the case in his opinion, it is not a conflict. Mr. Osgood stated that he does not see it that way and believes there are no other feelings for Mr. Contrada other then the fact that he is a patient of Dr. Rizza. Mr. Osgood stated that he mentioned to Ms. Starr that the State Ethics Board gives opinions over the phone and if she felt strongly and if she thought Dr. Rizza has a conflict by all means call the State Ethics Board and ask. Mr. Osgood stated that he is partly responsible for Ms. Starr calling. Mr. Osgood informed Dr. Rizza that he could abstain if he wanted to but he did not believe that there was a conflict of interest. Ms. Starr stated that as long as Dr. Rizza filed with the Town Clerk he does not have to abstain. Mr. Contrada's attorney asked if the State Ethics Board responded to your inquiry? Ms. Starr said, "yes they did" . Ms. Starr stated that she spoke with them and they stated that if action was taken already on the Board that there was already a violation of the conflict of interest law, and that in order to avoid any conflict of interest before any official action is taken from the Board by the parties involved that a public disclosure needs to be filed with the Town Clerk. Mr. Osgood stated that the State law does say if you have business with someone coming before the Board, the way to solve it is with a disclosure - the State Law is very clear about that. Dr. MacMillan asked Ms. Starr, "did you explain the circumstances to the State Ethic Commission. Ms. Starr stated that she said that she told them that there was a professional on Board with a business relationship, i.e. patient/doctor with an issue coming before the Board and she explained to them that it had not come before the Board. The State Ethics Commission stated that if the issue already came before the Board and the Board acted on it then there is already a violation of the conflict of interest law. Ms. Starr stated that she told them that the issue was still pending and they told her that in order for that person to act they should file a public disclosure with the Town Clerk. Mr. Osgood stated that the State Ethics Law was not written for this situation, it was written for situations that he runs into all the time with his nephew who is an engineer and represents clients that come before the Board of Health. Dr. MacMillan stated that the law is written to protect the town from being in conflict from people that have a financial interest or a relative. Dr. MacMillan stated that this is two unrelated aspects of their association- one is a professional relationship and one is a investment which has nothing to do with Dr. Rizza. Dr. Rizza stated that his concern is - #1 -that this situation was even brought up. Dr. Rizza stated that whenever a conflict occurs in regards to 59 Bridges Lane we've gone running to the State DEP, gone running to State Ethics Commission. Dr. Rizza stated that the policy of this Board is to make decisions and to have them carried out by our administrative staff and if those things are not carried out -who's in charge? Page 5 Minutes: November 21, 1996 Dr. Rizza left the meeting at 7:50 P.M. Ms. Star stated that last Thursday or Friday Mr. Len Getty came by for a Form U sign-off on 59 Bridges Lane. Mr. Getty asked Ms. Starr if she could sign-off on the Form U and Ms. Starr responded, "yes". Ms. Starr went on to tell him that the leaching area has to be excavated and bottom of bed inspection done before construction of the dwelling. Ms. Starr told Mr. Getty that she could sign the Form U now or after the excavation which ever Mr. Getty preferred. Mr. Getty said, "let's excavate first, I want to make sure everything is in order". Ms. Starr stated that she set up a time to inspect the bottom of bed on Monday at 11:00 a.m. On Monday morning, Mr. Schrudender stopped by the office about 9:00 a.m. on Monday and told her to cancel the inspection at 11:00 a.m. because Mr. Contrada told Mr. Getty that he was not going to allow any digging on the lot. Ms. Starr informed the Board Members that in order to excavate you need a Disposal Works Construction permit. Ms. Starr stated that Mr. Ben Osgood, Jr. was planning on pulling a temporary permit to excavate for the amount of time needed and then when the system is installed the permit will be updated. Ms. Starr stated to Mr. Schrunder that if things were resolved to call her and she would come out later that day. Attorney Clemons stated that the sale of the house was contingent upon the buyer getting a building permit. Attorney.Clemons stated that he's not sure if there was a clear message or a mixed message but the deal crashed and Mr. Contrada is out over $100,000 and hopefully he can find another buyer. Attorney Clemons stated that the purpose for coming before the Board of Health tonight is for reconsideration. Ms. Starr made it clear to Attorney Clemons that they have a plan approval which means they have approved plans and that they still need an installer to come in and pull a permit to excavate and to install the septic system. Attorney Clemons wanted to know exactly where they stand. Attorney Clemons asked Ms. Starr, "if a licensed disposal installer came in tomorrow and asked for a disposal works construction permit - can that be issued? Ms. Starr stated that it is okay to put a septic system in without pulling a building permit. Mr. Osgood stated that the problem is that this lot is marginal in some respects and the Board found this out during the original permit process and that is why it is a three bedroom house instead of a four bedroom house. Mr. Osgood stated that the amount of area where you can put a septic system is very limited and that is known because of tests done previously some time ago on that lot. Mr. Osgood stated that the concern here is the whole area where the leaching field is going to go - ? any ledge. Mr. Osgood stated that we know we have a deep hole and we know we have a perc test - we know a lot of things but we do not know if there is any ledge. Mr. Osgood stated that this is why the excavation for the bottom of bed is all about and this is done on other lots too. Mr. Osgood stated that the Board is not trying to apply different rules to this lot and we hope that Mr. Contrada can get his house built but the Board of Health's obligation is to the i Page 6 1 Minutes: November 21, 1996 1 public health and to the citizens of North Andover and the Commonwealth of 1 Massachusetts. Mr. Osgood stated that in order to fill that obligation the Board of Health has to make sure that septic system that go in accordance with the rules and regulations of the Board of Health and the Commonwealth of Massachusetts. Mr. Osgood stated that as with any other system- as the septic system starts going in things are not as they seem to be and things happen and if things are not according to the plan, we need to make adjustments. Mr. Osgood stated that one thing that he doesn't understand is the unwillingness to let anybody determine what the conditions are out there. Attorney Clemons stated that he received second and third hand information. Attorney Clemons stated that if we find another buyer he would like to set up an agreement. Mr. Osgood said, "let's talk about the no more digging". Mr. Osgood stated that when the Board of Health said, "no more digging", the Board meant no more deep holes or no more pert tests. Mr. Osgood stated that obviously you will have to dig to build a system. Ms. Starr stated that at some point a bottom of bed inspection has to be done. Ms. Starr stated that she told Mr. Getty she can sign Form U before or after the excavation it's your choice. Attorney Clemons asked is there a flag on the file or a note on the cover. Ms. Starr stated that there are construction notes on file. Ms. Starr stated that this is done a lot so that we can keep in mind something that has to be done, i.e, check water line before tank goes in; excavate before dwelling construction. Attorney Clemons stated that this file had a note stating"excavate leach before dwelling construction". Attorney Clemons stated that this is a recommendation, not a legal requirement. Ms. Starr stated that this is part of the approval. j Dr. MacMillan asked the Board Members if they saw the note from the Minutes of June 22, 1995 and proceeded to read them: "The lot is quite deep and the rear area has not apparently been tested. Section 15.410(2) of Title V states that variances to new construction can be granted only if lack of variances deprives an owner of all use of this property. This cannot be shown until the rear area is tested. Ms. Starr recommended in writing that the rear area of this lot be tested to determine the suitability of this area for subsurface disposal before any further action is taken." Page 7 Minutes: November 21, 1996 Dr. MacMillan stated that all the Board Members approved that but it never happened apparently. Dr. MacMillan asked Ms. Starr, "did that ever happen". Ms. Starr said, "no, the Board ignored it and granted a variance to build a four bedroom home under the old Title W. Dr. MacMillan stated that then it came back to the next meeting and the Board changed it to a three bedroom. Dr. MacMillan asked Ms. Starr, "the area was never tested, is that correct?" Ms. Starr responded, "that's correct". Mr. Osgood stated that there are some reasons why he did not want to do that. Ms. Starr stated that she realizes that extra expense was one of the reasons. Mr. Osgood stated that he does not recall all of the reasons. Mr. Osgood stated that he wants to make this perfectly clear - there has to be on that site when a house is built, a septic system that meets the requirements of the North Andover Regulations and Title V with the variances that were granted. Mr. Contrada stated that in his opinion there was never a problem with the interpretation of the issue of whether or not the system would have to be approved by this Board or any other person. Attorney Clemons stated that if they do get this back on track what time frame are we looking at. Ms. Starr stated that the time window closed and that it's been posted in the office for the past couple of weeks that if you want a permit to get the system in fully, the permit would have to be pulled by November 15'' and everything closed over by December 19`. Ms. Starr stated that in this case you would not have to get it totally in - which has been done in the past - excavate the leach area, fill that area with sand to protect it and leave it and do it the I`thing in the spring. Mr. Osgood stated that the Board is willing to work with you to make this work. Attorney Clemons stated that he believes this is all a miscommunication. No vote necessary. Little Richards Roadhouse: Ms. Starr distributed to all the Board Members a copy of Little Richard's new menu. Ms. Starr stated that she does not see a problem. 1 l Page 8 Minutes: November 21, 1996 Sewer Tie-In Update: Mr. Robert Wortham - 726, 766, 776 Great Pond Road: Ms. Ford informed the Board Members that Mr. Wortham, 726, 766, & 776 Great Pond Road faxed a letter today at 4:15 p.m. stating that he can not attend the Board of Health meeting tonight and that he is having difficulty working all these things out. Ms. Ford suggested that he fax something to show the Board. Ms. Ford stated that this is a problem area. Mr. Osgood stated that he does not have a problem with this because he does have significant problems he has to deal with. Mr. & Mrs. Steven Matses - 35 Bridle Path: Ms. Ford stated that DPW has made a couple of mistakes. Ms. Ford stated that there are two houses that DPW put on the list, one never responded and one that the Board had the papers served. Mr. & Mrs. Matses are separated - he is owner, she lives there and she has not forwarded any of the letters that we sent. Mr. Matses went to pick up his child and saw the letter being served taped to his door waited for his wife to leave and then ripped it off the door and found out it was from the Board of Health and it was served by a constable. Ms. Ford stated that is just half of the problem, DPW messed up - sewer is not available to him - no stub. 1430 Great Pond Road: i Ms. Ford stated that DPW put 1430 Great Pond Road on the list. Ms. Ford asked how do we determine reasonable access? Ms. Ford stated that DPW determines it - if it goes by your house and you get assessed -that is reasonable access. Ms. Ford stated that they did get an estimate of$10,000 to bring it down. Mr. Osgood stated that we can not do that- Ms. Starr thinks we can but we can not. Ms. Starr stated that we need some parameters, i.e. it has to be there, it has to go by, it has to be this close. Mr. Osgood stated that we can't say the stub has to be there but the sewer has to be in front of the property. Mr. Osgood stated that in his interpretation of that law is that if the sewer is available on a public way adjacent to the property or in front of the property they are mandated to tie-in. Todd Hopkins - North Andover Massage Establishment - 14 Main Street: Ms. Starr stated that at the last Board of Health Meeting, Todd Hopkins came to request a variance. Ms. Starr briefly updated the Board Members on what is happening with the situation. Page 9 Minutes: November 21, 1996 Mr. Hopkins moved his massage establishment to 14 Main Street and at this address there are 2 treatment rooms and one unisex bathroom. Mr. Hopkins came before the Board last month requesting a variance for one bathroom. Ms. Starr stated that the Board of Health denied his request.. Recently, Ms. Starr spoke with Mr. Hopkins and he mentioned a hardship because his landlord told him that he could pay extra money to take one of the offices. Ms. Starr told him that the Board Members were really firm when an establishment has multiple treatment rooms there should be a bathroom for males and one for females. Dr. MacMillan asked if there was room? Ms. Starr believed there is.. Dr. MacMillan asked is it his expense or the landlords? Ms. Starr stated that it is the landlord's responsibility. Mr. Osgood stated that it is the owner's responsibility to provide two bathrooms. Ms. Starr stated that she will check with plumbing to see if he could have one handicap bathroom and one regular. Ms. Starr stated that it would be very unusual that he would have two handicapped people at one time. The Board of Health Members strongly recommend two bathrooms and in the meantime Ms. Starr will check with plumbing to see if he could have one handicap and one regular bathroom. 1997 Board of Health Meeting Schedule: Dr. MacMillan mentioned the 1997 meeting schedule and that he will be unable to make the meeting on January 23, 1997 and if at all possible could be changed to January 16, 1997 instead. All agreed to change the January 1997 meeting from January 23rd to January 16'h. ADJOURNMENT: On a motion by Dr. MacMillan, seconded by Mr. Osgood, the Board voted unanimously to adjourn. John S. Rizza, D.M.D., Clerk