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HomeMy WebLinkAbout1997-04-24 Board of Health Minutes e Y BOARD OF HEALTH MINUTES Mr. Osgood called the meeting to order at 7:15 P.M. MEMBERS PRESENT: Gayton Osgood, Chairman, Francis P. MacMillan, M.D., Member, Susan Ford, Health Inspector, and Sandra Starr, Health Administrator. REQUEST FOR MASSAGE THERAPY LICENSE - TERESA E. MOORBY - DB/B MUSCULAR THERAPY ASSOCIATES: Ms. Teresa E. Moorby was present and requested to come before the Board for a Massage Therapy License d/b/a Muscular Therapy, 109 Main Street, North Andover, MA. Ms. Starr stated that she inspected and licensed the establishment and all is in place. All medical exams and TB results submitted. On a motion by Dr. MacMillan, seconded by Mr. Osgood, the Board voted unanimously to grant a Massage Therapy License to Teresa E. Moorby, d/b/a Muscular Therapy Associates. SMOKING VIOLATIONS - JOE'S VARIETY, MOBIL OIL., CULPEPPERS: Ms. Starr sent Joe's Variety, Mobil Oil and Culpeppers a letter asking them to come before the Board because of numerous smoking violations. Before the Board Members heard from the three establishments in violation of the smoking ordinance, Mr. Osgood requested that Ms. Patty Crafts, Program Director, Tobacco Control brief him on the violations at Joe's Variety, Mobil Oil, and Culpeppers. Ms. Crafts informed the Board Members of the smoking violations at three retail stores. Mr. Osgood stated that if the Board does not take a stand and enforce the smoking regulations - it is not going to work. Ms. Crafts stated that there are three violations with Joe's Variety and Mobil Oil - Culpeppers had two complaints from patrons and Ms. Ford on one occasion observed someone smoking on the premises and ash trays on the bar. At this time, the Board Members listened to each establishment. Culpeppers, 815 Turnpike Street, North Andover, MA: Carl Discepolo, Owner, and George Vasapolli, a friend, were present. Mr. Osgood informed Mr. Discepolo that the Board is very serious about the smoking violations and that it is a serious health problem. Page 2 Minutes: April 25, 1997 Mr. Discepolo wanted to know his options to allow smoking in his restaurant such as what constitutes a bar vs. restaurant, and questioned the 35 seat capacity. Mr. Discepolo mentioned that he has a glass partition in front of the bar and asked would that do? Ms. Starr replied, "no" it all needs to be enclosed with smoke eaters. Mr. Discepolo mentioned that the 99 Restaurant is not enclosed. Ms. Starr mentioned that they are completely enclosed with two large smoke eaters. Mr. Osgood mentioned a similar situation with Little Richards - the Board allowed smoking because they decided to make it a bar with just finger foods. Mr. Discepolo mentioned that he does not want to change his menu. Mr. Osgood stated that a bar is a bar and most bars do not serve pasta and steak. Mr. Discepolo stated that he is thinking about renewing his lease and expressed his concern about going out of business. Mr. Osgood stated that the Board made the 99 Restaurant spend a lot of money to isolate the smoking from the dining room. Mr. Vasapolli asked if there is a definition of a pub or is there anything in between. Ms. Starr mentioned that a bar is where no children are allowed. Mr. Osgood stated that Little Richards changed their menu for a bar in order to allow smoking. Mr. Osgood stated that the Board of Health implements smoking regulations to protect the public and most people want a smoke free atmosphere. Dr. MacMillan stated that there are two choices either a separate area or change menu. Mr. Vaspolli asked if they could reduce seating under 35 seats? Mr. Vasapolli stated that the most viable option is to reduce seating. Ms. u Starr stated that the bar has to be a separate room with a separate air circulating system from the restaurant area. Mr. Osgood suggested that Mr. Discepolo take one month and go over the smoking regulations and then come back to the Board with a solution. Ms. Starr asked that Mr. Discepolo not violate the smoking regulations during that one month period. Mr. Vasapolli asked if seating capacity is below 35 they can stay the same, is that right? Mr. Osgood replied, "yes". Ms. Ford did mention that there were two anonymous complaints from patrons which indicates the patrons concern about smoking. Mr. Discepolo concern is losing business. Mr. Osgood stated that there have been no problems with restaurants going no smoking; some restaurants indicated an increase in business. Mr. Osgood stated that there are three bars in town, i.e. Rolfs, VFW, and K of C. Mr. Discepolo decided to take thirty days and then come back before the Board with a solution. Joe's Variety, 220 Middlesex Ave., North Andover, MA: Mr. Nabil Naamani, Owner was present and stated that when he received the letter he put the signs up and asked people not to smoke. Dr. MacMillan stated it is okay if you Page 3 Minutes: April 24, 1997 follow the regulations. Mr. Naamani stated that police officers stop in and smoke and he felt as though he couldn't tell them not to smoke. The Board Members told him to tell the i police officers that the Board of Health said no smoking at Joe's Variety. Mr. Naamani believes he will lose business because people leave when he tells them they can't smoke. Ms. Crafts informed Mr. Naamani that it is a Mass. General Law. Mr. Osgood told Mr. Naamani that this is a real simple thing - you can't smoke in the store. Mr. Osgood strongly advised.Mr. Naamani that if it happens again, the Board of Health will take away his license to sell cigarettes. Mobil Oil, 350 Winthrop Ave., North Andover, MA: Two employees from Mobil Oil came before the Board, the owner did not appear. The employee stated that no one smokes anymore and he put a no smoking sign on the door. Mr. Osgood reiterated to the employee -NO ONE SMOKES - if it happens again - the owner will lose his license to sell cigarettes. Mr. Osgood told the employee to relay this message to the owner. Ms. Crafts strongly recommended that the employee tell the owner to follow the law and to let him know that cigarettes generate a lot of revenue which pays his employees and that the Board of Health is very serious about pulling his license to sell cigarettes. A letter will be sent to the owner of Mobil Oil informing him that if anyone is caught smoking again he will lose his license to sell tobacco. DALE STREET - WELCH PROPERTY: Ed Welch, Owner of the property, George Schruender, Realtor, and Fred McCarthy, potential owner were not on the agenda but wanted to figure out some way to combat Title V. Mr. Schruender stated that Bill Hmurciak believes that if this house is going to need a pump to the sewer, he wants a study done to see if is going to be gravity feed or forced feed when sewer comes by. Mr. Schruender stated that when it comes by and its going to be forced feed then maybe we should force feed it now down to Coventry. Mr. Schruender stated that Mr. McCarthy wants to move in the end of May. Mr. Schruender stated that if they decide to go this route they will be less than 200 feet from the wetlands, therefore, a variance will be needed from the Board of Health. Mr. Osgood asked if a system design has been submitted? Ms. Starr responded that no plans have been submitted yet. Mr. Welch stated that no plans have been submitted because we don't know if there's a problem. Mr. Welch stated that when they moved Dale Street, the town did not give them the land - when they took the land and straightened out Dale Street, they never conveyed the property to them. Mr. Welch stated that after the engineer laid the system out, he did a title search and he found the taken but never found the giving. Dr. MacMillan asked if the system failed? Mr. Welch responded, "no, it just doesn't meet Page 4 Minutes: April 24, 1997 Title V". Ms. Starr asked Mr. Welch, "what do you mean it doesn't meet Title V, did it pass a Title V inspection?" Mr. Welch stated that it is too close to the wetlands - the back of the house is all wetlands. Mr. Welch stated that it is only a 500 gallon tank. Dr. MacMillan stated that the wetland restriction is only 100 feet. Mr. Welch stated that the wetland restriction is 200 feet in the watershed. Mr. Osgood asked that when the system is inspected does the wetlands come in to that? Ms. Starr stated that it does but not the watershed but she is a little unclear about this. Mr. Welch concurred with Ms. Starr and wants to know what he needs to do. Ms. Starr asked if the system had a Title V inspection. Mr. Welch responded, "No, because everyone said that I was too close to the wetlands; Sandy will never pass it. Mr. Schruender stated that their concerns are, 1) if it can't be gravity feed, we can eliminate the whole problem by force main and then we do not need the Board of Health approval. Mr. Osgood stated that would be your best bet. Mr. Osgood asked, "can we resolve this to some extent?" Ms. Starr suggested to have a Title V inspection and look at the functioning of the system. Mr. Welch asked what are the requirements for a Title V? Mr. Welch stated that the first thing that Steve Erickson told him was that he was way to close to the wetlands you will never get Title V. Mr. Osgood stated that that is not necessarily what that inspection is about - is it? Ms. Starr stated that it takes that into consideration but you might get a conditional pass which means that the Board of Health would look at a particular item but what you look at is the actual functioning of the system - this is what you need to do first. Ms. Starr suggested to get a Title V done and that will give us a basis of information to go on with and then as far as set backs and watershed - we'll look at it when we know where we are. Ms. Starr stated that a variance can not be granted if there are no plans. Mr. Welch asked if this is a reasonable request? Ms. Starr stated that it is not just the Board of Health that is involved - it's Planning, Conservation, Watershed. Mr. McCarthy stated that there are three ways we can do this; 1) as is, 2) new system, or 3) sewer line. Ms. Starr also suggested setting aside escrow money and get a written enforceable agreement that you both sign that the new owner will pick up the responsibility of fixing the problem or replacing the system and then the Board of Health would sign it. Dr. MacMillan asked if there was anyway of getting the land deeded back by the town. Mr. Welch stated that it would take too long and it would have to go before Town Meeting and the warrant is closed for this coming Town Meeting. Page 5 Minutes: April 24, 1997 Ms. Starr suggested to get her the paperwork (the agreement) and get a Title V inspection - this will allow you to�pass papers but it will depend mostly upon the inspection. Mr. McCarthy asked if the inspection is fine, will the town allow him to keep the system ongoing for 3 -5 years. Mr. Osgood responded, "yes". Ms. Starr reiterated, "we need to know the condition of the system. Dr. MacMillan asked how many bedrooms? Mr. Welch stated, "four". Ms. Starr suggested that if the system is in good shape to put in a large tank- 500 gallons is too small. LOT 17/18 SHERWOOD - BOB JANUSZ: Mr. Janusz came before the Board because he questioned the Minutes from the meeting of March 27, 1997 and the Board's vote on Lot 17/18 Sherwood Drive. Mr. Janusz stated that Title V allows shared systems and would the Board consider using that portion of Title V. Mr. Osgood stated that his interpretation of Title V is shared systems, not shared lots. Ms. Starr stated that our regulations state one system per lot and this would require a variance to our regulations. Mr. Janusz stated that it is not a shared system, it's 2 systems on one lot. Mr. Osgood stated that his problem is Title V that all Board of Health authority comes for the State. Ms. Starr stated that she has not looked at the legal documents. Mr. Janusz stated that 2 systems on 1 lot would be approved by Title V. Ms. Starr asked Mr. Janusz why didn't he go with a shared system. Mr. Janusz stated that Tom had a better idea. Ms. Starr stated that it is not necessarily a better idea, it's a different idea. Mr. Osgood stated that this came before the Board as a preliminary thing and the Board has never dealt with shared systems before. Mr. Osgood is questioning if this is a state requirement, the State talks about shared systems and not shared lots. Mr. Osgood stated that the Board can not vary the State regulations. NURSE - EMERGENCY CONTINGENCY PLAN: Ms. Starr informed the Board of the recent outbreak of Hepatitis A at Jimmy's IV in Chelmsford and her concerns about this happening in North Andover. Ms. Starr stated that Chelmsford Board of Health had 2500 plus people in line for the immune globulin shots. Ms. Starr stated that the Board of Health needs a backup plan in place if a disaster occurs. Dr. MacMillan stated that the only people who need the shot are the ones who ate 3-13 days prior to outbreak. Ms. Ford stated that the Health Department needs to look at the situation before hand before something like this occurs. Dr. MacMillan stated that the plan of action would be for the school nurses to help out. Mr. Osgood stated that when an outbreak occurred at a daycare in Haverhill, everyone pitched in and helped out. Dr. MacMillan suggested to employ school nurses for 1 or 2 days. Dr. MacMillan also asked if the nurse's hours were increased. Ms. Starr responded, "no, they cut them to 3 hours per week. Ms. Starr stated that the recommended budget for the nurse is $3,000 and the Page 6 Minutes: April 24, 1997 operating budget was cut by 16%. Ms. Starr stated that a resolving escrow account has been suggested but nothing has been done. Dr. MacMillan asked, "can the Town Manager set that up?" Ms. Starr responded, "easily". PERFECTO'S - REQUEST UNISEX BATHROOM: Ms. Ford stated that Perfecto's is a bagel place in Butcher Boy Plaza and their space is limited to 20 seats and are requesting to go before the Plumbing Board for a variance for a unisex bathroom. Ms. Ford stated that in order for them to get the variance, the Board of Health needs to support this and is this something the Board would support? Dr. MacMillan stated that he does not have a problem with this. i On a motion by Dr. MacMillan, seconded by Mr. Osgood, the Board voted unanimously to send a letter in support of a unisex bathroom to allow them more space. DISCUSSSION - SITE ASSIGNMENT PROCESS: Ms. Starr mentioned that a fax came in from Attorney Ken Kimmell in reference to the Site Assignment which is in their packets. Mr. Osgood stated that this is a long complicated process. Mr. Osgood stated that Merrimac Cartage gave the Town $10,000 to hire a consulting firm to analyze the impact. Ms. Starr mentioned that she is making a check sheet with date things happen, etc. Mr. Osgood stated that this site assignment process will require more meetings because of the compressed schedule. Mr. Osgood stated that the meetings will be quick and small. Ms. Starr stated that this is a recycling and solid waste transfer - 650 tons a day maximum. Ms. Starr stated that the State says it does not need an environmental impact study. OTHER BUSINESS: Proposed Septic Regulations - Set Hearing Date: Ms. Ford stated that the deadline for non-compliance to sewer tie-in is today, April 24, 1997. Ms. Ford presented a list of 50 plus people that are in non-compliance. Ms. Ford wanted to know what is the Board's preference. These are residents outside the watershed. The Board Members agreed if no plans are submitted to tie-in have them come before the Board at the June meeting. Page 7 Minutes: April 24, 1997 Approval of Minutes - 3/27/97: On a motion by Dr. MacMillan, seconded by Mr. Osgood, the Board voted unanimously to approve the minutes of 3/27/97 as written. Proposed Septic Regulations - Set Hearing Date: Ms. Starr wanted to know if the Board Members had any changes to the regulations. Dr. MacMillan stated that he read them and had no changes. Mr. Osgood had a few changes that he mentioned to Ms. Starr. Mr. Osgood suggested advertising the public hearing for the septic regulations on May 1A and May 2 n and schedule a hearing for May 22, 1997. Kevin Stack- Berry Street- Update: Ms. Starr updated the Board Members on what recently transpired. Ms. Starr spoke with Mr. Brunette and informed him of the septic loan program and she made him aware that the department is concerned about the well in the house. Ms. Starr stated that Mr. Brunette is anxious to meet with everyone and to resolve this problem. Ms. Starr stated that the lawyer sent a letter to Bob Halpin. Ms. Starr stated that she spoke with Phil Christiansen and Mr. Brunette, the neighbor, is willing to meet with the Board of Health and attempt to set up a meeting. 1591 Osgood Street - Update: Ms. Starr briefed the Board Members on what is happening with Chris Adams. Ms. Starr stated that she has told him on several occasions that if there is a change of use, the septic system needs to be inspected. Mr. Osgood stated that he told him that a Chinese Restaurant would not go because of the amount of grease generated from Chinese food. Mr. Osgood also told him that this could have been done months ago and he didn't. The Board Members agreed that Mr. Adam's septic system located at 1591 Osgood Street needs to be inspected before the premises may be occupied. Page 8 Minutes: April 24, 1997 William Nassar- 475 Great Pond Road: Dr. MacMillan asked about Mr. Nassar and the status on his situation. Ms. Starr mentioned that she has not heard a word. The Board Members agreed to send Mr. Nassar a letter telling him a criminal compliant will be filed against him at the Lawrence District Court if he does not tie- in. ADJOURNMENT: On a motion by Dr. MacMillan , seconded by Mr. Osgood, the Board voted unanimously to adjourn the meeting at 9:30 p.m. John S. Rizza, D.M.D., Clerk