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HomeMy WebLinkAbout1997-03-27 Board of Health Minutes BOARD OF HEALTH - MINUTES MARCH 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. VARIANCE REQUEST- LOT 17/18 SHERWOOD DRIVE- TOM NEVE• Mr. Tom Neve, Engineer from Neve Associates and Bob Janusz, Owner were present and requested to come before the Board to propose a two (2) lot shared septic system or the idea of two separate systems located on one lot. Mr. Neve stated that the septic system area for Lot 18 is 70 feet from the wetlands and the top of the property is very ledgy. Mr. Neve stated that both homes will own their own tank but share the leach field in the shared system, and would own their entire system if both located on one lot Dr. MacMillan asked if there were any legal ramifications. Mr. Neve stated "no" there wouldn't be any impediment. Mr. Neve stated that he is here tonight for the Board's review. Mr. Osgood stated that what you are looking°for is a conceptual proposal and then submit plans - is that correct? Mr. Neve responded, "yes". Ms. Starr's concerns are the legalities involved and suggested running it by Town Counsel. Ms. Starr stated that all requests for use of Town Counsel must be approved by the Town Manager. Mr. Osgood suggested charging a special fee for a shared septic system which would cover the cost of legal fees. Ms. Starr stated that the Town Manager might say that he won't pay for Town Counsel because the budget is over extended. On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted unanimously to agree to the concept of a two lot shared septic system for Lot 17/18 Sherwood Drive and go forward with the design of the plans to be submitted to the Health Department. ROBERT ATWWOD, D.V.M., ANIMAL INSPECTOR- RE-APPOINTMENT: On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to re-appoint Dr. Atwood as Animal Inspector for the Town of North Andover. Page 2 Minutes: March 27, 1997 DISCUSSION 1779 GREAT POND ROAD -FAILED SYSTEM-BEN OSGOOD, JR.: Mr. 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, Engineer, and Mr. Palmisano, Owner, were present and requested to come before the Board to ask the Board to allow the failed system at 1779 Great Pond Road to remain in use until the sewer lines are installed in the street. Mr. Osgood stated that the system failed and the closing is tomorrow and asked the Board to consider granting a waiver. Mr. Osgood stated that the system is presently not discharging effluent to the surface, but is failing due to high ground water and the cost to put in a new system would be prohibitive to the current owner. Mr. Osgood requested that the Board grant a waiver to.allow the failed system to remain as is until sewer is installed in that area of Great Pond Road. According to a letter sent to the Board of Health by Bill Hmurciak, sewer is expected there, if funds are aproved, in approximately 200 1. Mr. Osgood stated that the soil observed when doing the percolation and deep hole testing is not the best. The groundwater was observed at ten inches, resulting in a septic system that would be 5 feet high in order to raise the system above the groundwater. This results in a costly system an is the main reason for the waiver request- financial hardship. Right now there is system failure because of groundwater: there is no effluent surfacing on the ground, the tank is not backing up and percolation is occurring. Ms. Starr pointed out that there is no ponding because the effluent is delivered straight into the groundwater and directly into town's water supply. She brought up the possibility of obtaining an easement into the sewer at French Farm. Mr. Osgood stated that this will be investigated, although there are some problems here, as well. Dr. MacMillan asked, "what happens if the Board does not grant a waiver"? Ms. Starr stated that they would have to put in a new system. Dr. MacMillan wanted to know if there is some other way to correct this or provide some relief? Ms. Starr stated that in the past the Board of Health has given waivers to the time a homeowner must tie-in to sewer. Dr. MacMillan asked if a sand filter system would do? Ben Osgood, Jr. stated that there is no way to lower the cost. Dr. MacMillan asked if frequent pumping would help. Ms. Starr stated no, too costly - $150.00 per month and the septic tank would have to operate as a tight tank for which DEP approval is needed. Page 3 Minutes: March 27, 1997 Dr. Rizza mentioned that we need to look into other alternatives. Dr. MacMillan stated that he is reluctant to approve a five(5) year variance. Mr. Osgood stated that money will be held in escrow and that he will pump the tank to keep the tank level down. On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted unanimously to deny the variance for 1779 Great Pond Road at this point and to keep under advisement and look into other alternatives. DISCUSSION- 369 SALEM STREET-FAILED SYSTEM- BEN OSGOOD, JR.: Mr. Osgood stated that this is the same situation as on Great Pond Road but it is not 400 feet from the water supply. Mr. Osgood stated that the Title V inspection failed and the property is within 100 feet of two (2) wetlands. Variances are needed from Board of Appeals, Special Permit from the Planning Board, and variances from the Board of Health. Mr. Duda is the owner of the property. Mr. Osgood stated that an alternative system - pump is complicated and an expensive system. Dr. Rizza asked, "how different is this from the other failures. Ms. Starr stated that other Boards are involved. Dr. MacMillan asked, "how close is the stream?" Ben Osgood, Jr. responded, "less then 100 feet". Ms. Ford stated that all tributaries are critical to the lake. Ms. Ford stated that the lake is our greatest asset and the lake is everyone's main concern as seen on surveys for the Master Plan. Ben Osgood, Jr. stated that there is no frontage to even put a system in front. On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to deny the variance request and to come up with alternatives. Mr. Gayton Osgood rejoined the meeting as chairman. VARIANCE REUEST - 45 LIBERTY STREET - STEVE FOSTER: Steve Foster was present representing owners Laura&Robert Arling. Mr. Foster stated that plans were submitted for a new addition and the tank is too close to the new addition - it is 6feet away from house. Mr. Osgood stated that the biggest problem will be when equipment is brought in, possibly destroying the system- something should be done to protect the septic system such as a Page 4 Minutes: March 27, 1997 fence near septic system. The distance from the septic system to the cellar should be 10 feet but the plans submitted indicate 6-7 feet from the cellar. On a motion by Dr. Rizza; seconded by Dr. MacMillan, the Board voted unanimously to grant the variance provided a temporary fence is in place prior to construction to protect-the septic system from damage and to have Ms. Starr check the septic tank after construction. DISCUSSION/CONSIDERRATION - IrCOM FACILITY - STEVE FOSTER: Mr. Steve Foster and John Dugger were present. Mr. Dugger stated that the building is a 30,000 sq. ft. private facility. Mr. Dugger requested to come before the Board to propose a Unisex Handicap Bathroom. Mr. Osgood asked if the door was wide enough and if the entrance to the building was wide enough. Mr. Dugger responded, "yes". On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted 2-1 to recommend favorable action. Mr. Osgood abstained from voting. 6` OTHER BUSINESS: 1160 Salem Street: Ms. Starr brought before the Board the final notice of agreement. No vote needed all Board Members signed agreement. Lot 8B Summer Street: Ms. Starr informed the Board Members that the foundation is a little too close to the primary and reserve areas. The Board agreed no action need be taken. 122 Union Street: Ms. Starr briefed the Board Members on a complaint that was received in the Health Office of a sewer line back-up in the basement and the laundry. The renter fell and slipped. DPW went out in the summer of'95 on a backup complaint but there was no written record. Another backup occurred in February 1997 that spewed sewage all over the basement and into the washing machines. A letter was sent to the owner recommending that a cleanout valve be installed at about 95 feet from the house and a new line put in, or a cleanout valve be installed and the line be thoroughly cleaned out annually with the report submitted to the Board of Heath. Ms. Starr asked whether the Board Page 5 Minutes: March 27, 1997 would agree to relinquish the reporting requirement and accept ala teen commitment The from the owners that Mr.everything Osgood stated that they should be made aware that problem. Board agreed, an backup occurs, they would have to replace the pipe. Dr. MacMillan stated that there is probably something obstructing the system. "Newly Proposed" Septic Regulations: Ms. Starr requested that the Board Members review the newly proposed regulations and then set a time and date for a public hearing. Septic Loan Program: Ms. Starr suggested an additional meeting before the next regularly scheduled meeting. The Board Members agree to meet on Tuesday, April 15, 1997 @ 7:00 p.m. to discuss the septic regulations and the loan program. n Frozen Desserts: Ms. Ford updated the Board Members on the new regulations from t tthe State regulating frozen desserts. Ms. Ford mentioned that there are several places desserts such as, Modicon, AT&T,Merrimack College, and Treadwells. Ms. Ford also informed the Board Members on the new ice skating rink regulations regulating air quality which would require the Health Inspector to perform air quality inspections. Ms. Ford suggested that the Board Members set fees for these new regulations. On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted to set the fee for Frozen Desserts at$30.00 and Ice Skating Rinks at$100.00. Approval of Minutes - 2/27/97: On a motion by Dr. Rizza, seconded by Dr. MacMillan,r written. Board voted as unanimously to approval the minutes of / Page 6 Minutes: March 27, 1997 Emergency Call List: Rich Boetcher,Dispatcher wanted the Board Members to set a priority call list according to who to call first, etc.. The Board Members agreed to have the emergency call list in the following order; Gayton Osgood, John Rizza, Frank MacMillan, Susan Ford. ADJOURNMENT: On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to adjourn the meeting at 8:30 p.m. John S. Rizza, D.M.D., Clerk