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HomeMy WebLinkAbout1997-02-27 Board of Health Minutes �9p bylt BOARD OF HEALTH MINUTES FEBRUARY 27, 1997 Mr. Osgood called the meeting to order at 7:00 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 ESTABLISHMENT LICENSE - BONNIE GRISKEVICH, DB/A 109 MAIN STREET: Ms. Bonnie Griskevich came before the Board of Health to request a Massage Establishment d/b/a 109 Main Street. Ms. Starr stated that she inspected the premises and all is okay. Ms. Griskevich submitted all the necessary documentation, i.e. CPX, mantoux results, education. On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously to grant Ms. Griskevich a Massage Establishment License, d/b/a 109 Main Street, North Andover,MA 01845. VARIANCE REQUEST - LOT 1A ROCKY BROOK ROAD - VARIANCE TO WETLANDS: Mr. John Morin, Engineer for Neve Associates was present and requested to come before the Board to request two variances. Mr. Morin mentioned that Lot 1D was formerly Lot I under the Rocky Brook Subdivision. Mr. Morin stated that the main cause for the number change is because they relocated the lot line between Lots 1A& 2A in order to get the system as far away from the wetlands as possible. Mr. Morin stated that this was an approved site back in 1990 but what has happened is that in the last six years the wetlands have changed and due to the new criteria used to flag wetlands - it is deemed to be a jurisdictional wetland area. Mr. Morin stated that it is known as a finger like projection and the Conservation Commission agreed that it is a finger-like projection. Mr. Morin stated that they currently have an order of conditions that was issued by the Conservation Commission for the construction of this lot. Mr. Morin stated that the variance requested are as follows: 1. 51 feet to the finger-like projection 2. 86 feet to the major wetland Mr. Morin stated that due to the close proximity of the wetlands, the soils on the site are not very good percable material -the perc rate was 27 minutes per inch& 6 minutes an inch, therefore, they have to design the system on 30 minutes an inch. Mr. Morin also Page 2 Minutes: February 27, 1997 stated that they are designing the system 5 feet above groundwater instead of the 4 feet that is required by the State to provide greater treatment. Mr. Morin requested that the variance be granted due to the fact that it is a finger-like projection and the state allows the construction of a septic system within 50 feet of a wetland. Mr. Morin stated that if Mr. Breen developed this lot a few years ago this wetland would not have existed, but due to the fact that he took his time - we now have a wetland. Mr. Morin stated that he tried to relocate the system as far away as possible but there is no way to push the system any further from the wetlands. Mr. Morin stated that in order to try to get the system as far away from the wetlands as possible they had to make the trenches as deep as possible and due to that they used the 2 feet wide trench which under the State Code you need a 2 feet separation between reserve trench and primary trench. Mr. Morin stated that the Board of Health Regulations require a 4 feet separation. Mr. Morin stated that if a 4 feet separation were to be put in then a retaining wall would have to be built and he believes that a retaining wall would be unnecessary - it would be 6 feet high sticking out of the backside, and by reducing the 4 feet to 2 feet we can avoid the installation of the retaining wall. Ms. Starr suggested limiting bedrooms to 3 instead of 4 which would give 10 feet more because the size of the system would be smaller. Mr. Morin stated that he could reduce the size of the system and make it a 3 bedroom house but he believes that the 51 feet to the wetland that is in the area is fine and environmentally is safe. Mr. Morin stated that he does not feel that the reduction of the house down to a 3 bedroom is warranted. Mr. Morin stated that the house has been reduced to small as possible that it is almost the size of a 3 bedroom-they worked with Conservation in order to limit the construction of this lot. Ms. Starr stated that she is concerned about the precedent but understands there is reasonable history. Ms. Starr recommended that if variances are granted to mention because of the history this is why the variances were granted. On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously to grant the two variance as referenced above and to note the history of the lot as noted above. VARIANCE REQUEST - LOT#19 COLONIAL AVE. - MERRIMACK ENGINEERING: Page 3 Minutes: February 27, 1997 Mr. Les Godin, Merrimack Engineering requested to come before the Board for the following variances: 1. Regulation 2.23 - spacing between active and reserve trenches - 3.5 feet as opposed to 4 feet as required. 2. Regulation 17.03 - spacing between active trenches - 9 feet as opposed to 10 feet as required. The granting of these variance would allow the house to be placed closer to Colonial Avenue thereby providing a 50 foot house setback from wetlands as required by the Town of North Andover Wetlands Protection By-Law. j i Dr. MacMillan arrived at 7:15 p.m. On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously to grant the variances mentioned above. SEWER TIE-IN - NON COMPLIANCE: Mr. Robert Wortham - 726, 766, 776 Great Pond Road: Mr. Osgood mentioned that Mr. Wortham was in earlier and submitted a letter. Mr. Albert Manzi, Jr. - 440 Great Pond Road: Mr. Osgood stated that Mr. Manzi submitted a letter to the Health Office. William Nassar- 475 Great Pond Road: Mr. Nassar stated that he called George Perna on 11/25/96 and left a message; he called George Perna again on 12/2/96 and left another message -Mr. Perna called him back on 12/6/96. Mr. Perna told him that he would discuss this with Bill Hmurciak and then Bill would get in touch with him. Mr. Nassar stated that nothing happened, no one got back to him. Mr. Osgood asked Mr. Nassar, "is Watson Construction the one you hired"? Mr. Nassar stated that Watson Construction is the one he used when he put his driveway in 7 or 8 and years ago installed a sewer hook-up based on information received from Buddy Cyr. Mr. Nassar stated that now the stump is at the top of the hill rather then at the bottom of the drive-way. Mr. Nassar stated he can't tie-in where stump is now. Page 4 Minutes: February 27, 1997 Mr. Osgood asked, "so Bill Hmurciak never got back to you"? Mr. Nassar stated that was correct. Mr. Nassar stated that he spent $7,500 to run it underneath the driveway for the hook-up. Mr. Osgood asked, "it can't be tied in where it is now"? Mr. Nassar stated right, they tell me it can't be, that it has to be pumped to the top of the hill. Mr. Osgood asked Ms. Starr if she knew what was going on. Ms. Starr stated, "no, but she will talk with Bill Hmurciak". Mr. Osgood suggested that Mr. Nassar meet with Bill Hmurciak in order resolve this situation. Mr. Osgood directed Ms. Starr to set up a meeting with Bill Hmurciak and Mr. Nassar and gef down there and get this resolved once and for all. Mr. Nassar told Mr. Osgood that Bill Hmurciak has already been out there with Buddy Cyr. Mr. Osgood asked was that a long time ago? Mr. Nassar said, "no, that was since the beginning of the year". Mr. Osgood said, "how about that -but he never got back to you, right"? Mr. Nassar said, "right". Mr. Osgood stated that ultimately, somehow you will have to get tied into sewer. Mr. Nassar stated that he understands that. Mr. Osgood reassured Mr. Nassar that Ms. Starr will get in touch with him. VOTE TO IMPLEMENTA PENALTY FEE FOR LICENSES NOT RENEWED BY JANUARY 1sT: Ms. Ford stated that there were a couple of recommendations at last months meeting and the Board Members were going to think about it and come back with a decision. Ms. Ford mentioned that at the present time the Disposal Works Installer's License is $65.00 and if they are late renewing, the cost doubles to $130.00. Mr. Osgood stated that with restaurants it would be a considerable cost. Ms. Starr stated that they will only be late once. Dr. Rizza asked, "what are the restaurant fees"? Ms. Ford replied, "$50.00, $100.00, $150.00. Mr. Osgood stated that Ms. Starr is right - they'll only do it once. On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted unanimously to implement a late penalty fee doubling the fee for licenses not renewed by January lSt. Page 5 Minutes: February 27, 1997 WHEELABRATOR- DISCUSSION: i Mr. Osgood stated that the Board received a letter from Mr. McIver, Plant Manager, Wheelabrator requesting to come before the Board of Health. Mr. Osgood asked Mr. McIver, Plant Manager, Wheelabrator to state his case. Mr. McIver stated that at the December 12`x'meeting, the Board of Health stated that they had improperly obtained site assignment. Mr. McIver stated that he would like to discuss a few points that were discussed at the Board of Health Meeting on December 12`" such as"follows: • no defined relationship between the Town and the facility • gain a better understanding on how the facility is operated • desire to understand retrofit Mr. McIver stated that MRI is ready to move forward outside the confines of the new site assignment to address Board of Health concerns. Mr. McIver stated that it is their recommendation to appoint a 3 - 5 member committee to best help address considerations that the Board has. Mr. McIver stated that his company would also like to part of that committee. Mr. Osgood stated that he is not sure about this committee and one thing we have to be careful of is that the Board of Health has a lot of statutory authority and we can not legally delegate to anyone else. Mr. Osgood stated that he for one will not delegate his authority for legal reasons as well as for practical reasons - it's just not a good idea. Mr. Osgood stated that it is not that the committee idea was bad it's just that there are implications that need to be looked into. Mr. Osgood stated that there are still legal issues here -we still need the site assignment. Mr. Osgood stated that one of the things that were eluded to in the letter or one of the problems is that the complexities of this whole issue. Mr. Osgood stated that one of the things that the Board of Health will be asking for from NMI is some study by us paid for by them telling us what we should be looking for because to be honest with you this is a very technical issue, we do not know what kind of emissions we should be looking at, the technical aspects, the traffic, etc. Mr. McIver suggested contacting other towns such as Haverhill, Saugus, Newbury to find out what information is provided to Boards of Health by plants in other facilities. Mr. McIver stated that the Town Manager has requested mediation with NESWC and the Town. Mr. Osgood asked, "has that been agreed upon"? Mr. McIver stated that he has Page 6 Minutes: February 27, 1997 not seen anything from NESWC but understands that they are agreeable to it. Mr. McIver stated that the Regional Manager sent a letter to the Town Manager that they will participate in the meeting - the only condition being that NESWC has to be present at those meetings. Mr. McIver stated that that letter went out yesterday. Mr. Osgood asked Mr. McIver, what is the status of the EPA Regulations with regard to the retrofit? Mr. McIver stated that he read that EPA has requested the court to allow them to continue to move forward on standards for plants that are larger than 250 tons per day. Mr. Osgood asked, what's your contractor, is it New England Power, Mass. Electric"? Mr. McIver stated that they have a contract with New England Power Company. Mr. McIver stated that they are not looking for a decision tonight but to please consider dialogue - he does not want to delay the process. Mr. Osgood stated that we do not want to delay. Mr. James Gordon stated that he would like to talk about the issue of retrofit. Mr. Gordon stated that this matter has been out there for discussion for 10 years. Mr. Gordon stated that back in 1990/1991 they were talking about retrofit costing roughly $18 Million. Mr. Gordon stated that Wheelabrator can not do anything about NESWC unless it is mandated by Federal or State Law and/or agreed to by the NESWC communities and if they just delay, delay, delay quite frankly you get the impression that the NESWC communities won't agree short of federal regulation to go forward. Mr. Osgood stated that from their stand point, it is going to cost them a lot of money. Mr. Gordon stated that they have to recognize the fact that environmental issues are a concern here in North Andover and this will be a facility that will be in operation for many, many years and that retrofit ought to move forward. Mr. Gordon stated that back in the 90's the message always was"we don't know what the cost is going to be", we don't know what the final configuration is going to be" - because the regulations were not definitized. Mr. Gordon stated when looking at environmental issues to ask the question to the NESWC communities, "when are you going to....", and Wheelabrator can't do that. Mr. Gordon stated that as far as the community is concerned that is an issue that I have always had strong interest in. Mr. Gordon stated that he is not speaking on Wheelabrators behalf but somehow someone has to make NESWC stand up and pay attention and that they have a responsibility to this community that has been very good to them. Dr. MacMillan stated that the main concern is the health issues and we need to go forward and any negotiations elsewhere or other considerations will have to be done by someone other then the Board of Health. Dr. MacMillan asked if this blue ribbon committee is going to delay things a little bit longer? Mr. McIver stated that he does not want the Board to think that he wants to stretch out the process. Page 7 Minutes: February 27, 1997 Mr. Osgood stated that the committee involves more than this Board, we need to discuss this issue. Mr. McIver asked if the Board will get back to him? Mr. Osgood replied, "yes, we will get back to you". Attorney Kenneth Kimmell stated that he had a couple of questions that he hopes will help the Board. Attorney Kimmell stated that he would like to first state that on behalf of the Town he would like to thank Mr. McIver and that he is pleased that this is going in a good direction. Attorney Kimmell asked Mr. McIver to please talk more about why they would want separate committees. Mr. McIver stated that the formation of a committee will get enough diversified opinions. Mr. Gordon stated that there is technical data of the operational plans that needs to be sifted through it. Mr. Osgood stated that this is why we need technical expertise. Dr. MacMillan stated that the Board needs guidance. Mr. Gordon stated that we need to engage up front some kind of consultant services to assist this committee in sifting this data. Mr. Osgood asked, "why can't this consultant service assist the Board of Health"? Dr. MacMillan stated that he does not like the idea of this committee, it will create all sorts of extraneous problems that will muddy the water. Mr. Gordon stated that the committee, as he understands it, some of whom might be Board of Health Member, a Selectman, Town Manager, etc. Mr. Osgood stated that these are things that need to be discussed and are certainly well worth considering. Mr: Osgood stated that no matter who is on this committee, the technical expertise to evaluate the facility is still there -we will need that. Mr. Gordon stated that the question that is asked repeatedly is"we don't know what to ask for", it is that level of technical help that this committee, hopefully can provide the Board. Mr. Osgood again stress the technical expertise needed. Attorney Kimmell stated that as he understands the proposal correctly, Wheelabrator/MRI is suggesting that included in that committee would be the hiring of a consultant. Mr. McIver stated that Wheelabrator hired CEM(Central Emission Monitors) to go through DEP records and to explain the impact of those emissions. Mr. Osgood stated that it is good that we are talking about it - it's encouraging. Attorney Kimmell asked Mr. McIver, "the committee that you are proposing does not have to do with the economical issues, correct"? Mr. McIver replied, "that is correct". Attorney Kimmell stated that now we have a mediation process that we have to start, right? Mr. McIver replied, "right". Page 8 Minutes: February 27, 1997 Mr. Osgood stated that the Board will consider all issues and get back to him. The Board Members and Attorney Kimmell thanked Mr. McIver and he left the meeting. Mr. Osgood asked Attorney Kimmell, "where do we go from here"? Attorney Kimmell stated he would like to talk to Bob Halpin, who is out of town right now, get some input from him and the Board of Selectmen and have an informal discussion with the Chairman. Mr. Osgood stated that he is really leery about forming a committee - it could turn into a zoo. Mr. Osgood stated that the Board can handle this themselves -we only need some money for the technical things. Dr. MacMillan stated that that is what we are here for and that he does not think the Board should involve people who are not privy to information that do not have a lot of expertise - it will create a lot of problems. No vote necessary. Gayton Osgood, Francis P. MacMillan, M.D., and John S. Rizza, D.M.D. voted unanimously to go into executive session @ 8:10 P.M. Dr. MacMillan, Dr. Rizza and Gayton Osgood voted unanimously to go back into regular session @ 8:35 P.M. OTHER BUSINESS: Approval of Minutes - 1/16/97: On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted unanimously to approve the minutes of 1/16/97 as written. WARRANT ARTICLES: Community Septic Management Program: Ms. Starr stated that this is the loan program and the Board needs to look at the proposed warrant article. Ms. Starr stated that she sent it to Town Counsel and they sent it back with a few changes. Ms. Starr stated that the Board Members need to vote to propose this as a warrant article for Town Meeting in May. Ms. Starr stated that how this works is that we set up a betterment agreement and receive a grant for $18,000 to do a septic management in town. Ms. Starr would pin point the hot Page 9 Minutes: February 27, 1997 spots in town- failed systems. Ms. Starr stated that this grant comes from the State and we need to have a betterment program in place and we need to identify failed septic systems. Ms. Starr stated that the loan can be up to $200,000 interest free to municipalities. On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to entertain the Community Septic Management Program as a warrant article at the Town Meeting this coming May. Non-Criminal Disposition Act: Ms. Starr mentioned that we will need this Non-Criminal Disposition Act to go before Town Meeting as a warrant article in order to deal with Wheelabrator Traffic. On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to entertain the non-criminal disposition act as a warrant article at the Town Meeting this coming May BROOKVIEW SUBDIVISION- DISCUSSION: Ms. Starr stated that Brookview is a proposed PRD subdivision one acre lots designed to have town water located at the end of Duncan Drive off of Boxford Street. Ms. Starr mentioned that in order to do this they need to do a wetlands crossing. Ms. Starr stated that the Conservation Commission may say"no" to the crossing for Town water at the meeting on the 12`". Ms. Starr stated that the Planning Board, DPW&Health are in favor of the crossing for Town water.. Ms. Starr stated that she is planning on attending the meeting on March 12'h and would like the Board of Health to send a strong letter supporting the wetlands crossing. Dr. Rizza stated that if this does not go through, the Conservation Commission is making a mistake. On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to send a letter to the Conservation Commission strongly supporting the wetland crossing for Brookview Subdivision. TODD HOPKINS - MASSAGE ESTABLISHMENT- 14 MAIN STREET: Ms. Starr requested that the Board extend Mr. Todd Hopkins's Temporary Massage Establishment License until March 19"'. On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted unanimously to extend Mr. Todd Hopkins's Temporary Massage Establishment License to March 19, 1997. Page 10 Minutes: February 27, 1997 TOWN HALL ANNEX MOVE: Ms. Starr expressed her concern over the potential move of the Planning& Community Development to Main Street behind Dunkin Donuts. Ms. Starr stated that the space is limited and the nurse may not move with us. Mr. Scott purportedly intends on putting the nurse in the old Health Office in Town Hall. Ms. Starr stated that we as the Health Office need to be together and would like the Board Members support. The Board Members strongly recommend that the nurse stay with the Health Office j if Planning & Community Development intend to move. i ADJOURNMENT: On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted to adjourn. John S. Rizza, D.M.D., Clerk