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HomeMy WebLinkAbout1998-02-26 Board of Health Minutes BOARD OF HEALTH MLX'UTES FEBRUARY 26, 1998 Gayton Osgood called the meeting to order at 7:10 p.m. MEMBERS PRESENT: Gayton Osgood, Chairman, Francis P. MacMillan,M.D.,Member, Sandra Starr, Health Administrator. WHEELABRATOR—DR. BEN HOFFIVIAN: Dr. Ben Hoffman,Medical Director, Wheelabrator, stated that he would like to set up a dialogue and proposed to set up some working groups with the public invited. Dr. Hoffman recommended four or five sessions to go over the technical aspects of trash to energy and some of the emissions issues and some of the operational issues in order to educate the Board of Health. Dr. Hoffman also suggested having a mediator, an objective third parry and to begin the process when ever the Board of Health would like. Mr. Osgood stated that Ms. Starr told the People for the Environment that the Board of Health wanted to do basically the same thing with them—meet with them and listen to their issues. Mr. Osgood stated that one of the problems the Board has is getting all the Board Members there and another problem is meeting space. Dr. Hoffman stated that he could rent meeting space, he is not concerned about that if that is the issue. Mr. Osgood stated that it is a big issue with the Board because of the Senior Center being under construction. The Board has the Town Hall conference room and the Library and there are other Boards in town that need to use these meeting spaces too. Dr. Hoffman asked, "Is there other rental meeting space around"? Ms. Starr stated that Edgewood Assisted Living is available. Also, the Prescott House, Mr. Osgood explained that Dr. Rizza teaches at Tufts on Tuesdays and Thursdays. Dr. Hoffman stated that it would be an open session and he would find a place large enough for everyone. Dr. Hoffman stated that he would work on coordinating everyone's schedules and get back to the Board of Health. VARIANCE REQUEST—LOT 13 EVERGREEN— CHRISTENSEN& SERGI: Dr. Rizza was not at the January meeting so Mr. Osgood briefly explained the variance request for Lot 13 Evergreen, Mr. Osgood stated that he had a long discussion with Mr. Howard, Conservation Commission Administrator, about all these lots and he made a verbal promise to Mr. Howard that he would not give variances to any more lots without talking to him first. Mr. Osgood stated that when Mr. Christensen came before the Board in January, Dr. MacMillan wanted to vote for it but Mr. Osgood said, "I'm not going to vote for it or against it because I want to talk to Mr. Howard first—so nothing was done". Mr. Osgood stated that he talked to Mr. Howard and Mr. Howard does not have a Page 2 Minutes: February 26, 1998 problem. Mr. Osgood stated that at this point he is ready to vote for the variance. Dr. Rizza asked, "What is the variance"? Mr. Christensen responded, "The septic system needs to be located 76 feet from the wetland line". Mr. Christensen stated that the difficulty was that it is classified as a vernal pool and the requirement is 100 feet from a vernal pool by State regulations unless we show that the ground water drains in the other direction to the vernal pool—which we did. Mr. Christensen stated that we do not need a State variance just a local variance. On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously to grant the variance of 76 feet from wetlands. VARIANCE REQUEST- 767 JOHNSON STREET—BEN OSGOOD, JR.: Mr. Osgood called the hearing to order at 7:10 p.m. and then turned the Chair over to Dr. Rizza because the applicant/representative from New England Engineering is his nephew and the conflict of interest statute requires that he does not vote. Mr. Ben Osgood stated that 767 Johnson Street is the site that requires a public hearing and he is requesting the following variances: 1) Reduction in the required minimum vertical separation distance between the bottom of the stone underlying the soil absorption system and the water table from the required four feet to three feet. This is a variance to Title 5, Sec. 15.212(a). 2) Reduction of the required soil absorption system area that will result in a higher than allowed effluent loading rate. The required effluent loading rate is 0.15 gallons per square foot per day. This results in a soil absorption system that is reduced in size by 25%. This is a variance to Title 5, Sec. 15.242(1). Mr. Ben Osgood stated that the combination of the two requests requires a variance from DEP. Mr. Ben Osgood stated that the first step is to obtain a variance from the local Board of Health and then submit the plan to DEP and ask them to approve that variance. Ms. Starr stated that she did look at the plans and another deep hole will have to be done because DEP will kick it back if it is not done. On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted unanimously to grant the two variance as stated above. Dr. Rizza closed the public hearing on 767 Johnson Street at 7:20 p.m. Page 3 Minutes: February 26, 1998 VARIANCE REQUEST—12 FARNUM STREET— NEW ENGLAND ENGINEERING: Mr. Ben Osgood, Jr. requested to come before the Board for the following variances: 1)Reduction in the offset between the ground water and the bottom of the trench from 4 feet to 3 feet which is a local upgrade approval for Title 5. 2)Reduction in the distance between leach trenches from 10 feet to 6 feet. 3) 70 feet from the isolated wetland instead of 100 feet. Mr. Ben Osgood, Jr. stated that the Conservation Commission had seen this plan and approved it subject to the Board of Health approval. Ms. Starr would request another test pit to be done. On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted unanimously to grant the variances as mentioned above. Mr. Osgood resumed the meeting as Chairman. VARIANCE REQUEST— 194 BOSTON STREET—NEVE ASSOCIATES: Mr. John Morin,Neve Associates, was present representing Rick Beers for a local upgrade approval for a septic repair at 194 Boston Street. Mr. Moran stated that he is asking for a reduction in the distance from the bottom of the leach bed to high groundwater elevation to 3 feet as allowed in Title 5, Sec. 15404(2b). Mr. Morin stated that the way the topography sloped, approximately 50% of the septic will still be greater than 4 feet above the ground water, however, on the low side it will be approximately 3 feet above. ' Mr. Osgood asked Ms. Starr, "Did you look at this"? Ms. Starr responded, "Yes". Ms. Starr stated that she has no problem with this variance request. On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to grant the variance to groundwater from 4 feet to 3 feet. Page 4 Minutes: February 26, 1998 TOBACCO REGULATIONS: Ms. Patty Crafts, Tobacco Coordinator Director, was present and stated that at last month's meeting the Board voted to eliminate the portion of the Tobacco Regulations that excludes restaurants having 35 seats or less from the regulations. Ms. Crafts handed out the revised copy of the Tobacco Regulations to the Board Members and made note of the changes, which were highlighted. Mr. Osgood stated that the Board voted on these regulations last month. Ms. Starr stated that the Board should vote on the wording. Mr. Osgood stated that the words do not need to be voted on. Ms. Crafts stated that she made note of the change of date and then the Board Members can sign it again. Ms. Crafts stated that she would make arrangements to advertise the legal ad of the Tobacco Regulation changes. VARIANCE REQUEST—LOT 1 SUMMER STREET—MERRIMACK ENGINEERING: Mr. Les Godin of Merrimack Engineering, was present. Mr. Godin requested to come before the Board to request a variance to the"Town of North Andover Minimum Requirements for the Subsurface Disposal of Sanitary Sewage"Regulation 5.02—to allow the leaching facility to be 88 feet from a wetland in lieu of 100 feet as required. Ms. Starr mentioned to the Board Members that when she and Mr. Godin were talking; Mr. Godin said, "If it were a three bedroom house, they wouldn't necessarily need the variance". Ms. Starr told the Board to consider that. Mr. Osgood stated that it is not a big deal, it is on the other side of the street. On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted unanimously to grant the variance to allow the leaching facility to be 88 feet from a wetland in lieu of 100 feet as required. GLENWOOD SEWER: Mr. Osgood stated the problem with Glenwood sewer is the sewer overflow. Mr. Osgood stated that the only way this will work is that he will explain what is going on, then the Board Members will be able to ask questions, and then the citizens can speak one by one. Mr. Osgood stated that he does not want any arguing back and forth and asked those present to identify themselves for the record. Page 5 Minutes: February 26, 1998 Mr. Osgood stated that this has been going on for twenty years. Mr. Osgood stated that approximately 10 years ago there was a flood and there was sewage leaking in cellars. Mr. Osgood thought it was only something that happened in the flood but it doesn't—it is happening every time it rains. Mr. Osgood stated that this is a very serious threat—it is a health hazard. Mr. Osgood stated that he has been agonizing over this for quite awhile, trying to identify what is really going on down there. Mr. Osgood stated that he has a proposal that he will present later as to what he thinks should be done. Dr. Rizza asked Mr. Osgood to give him a little history. Mr. Osgood stated that basically the way the town sewage system works is that there are two big trunk sewers, the east side sewer which runs down Cochiweick Brook, along Steven's Pond and then goes down by the high school and follows the swamp right down to the Merrimack River. Mr. Osgood stated that that takes care of the Old Center and out beyond. Mr. Osgood stated the west side sewer comes down Rte. 114 by the Eagle-Tribune, down to Waverly Road where the shopping center pumps up into it and then it goes down just beyond Green Street. There it takes a nose dive down to the Shawsheen River and picks up all the Streets off to the left of Mass Ave. (dead ends). When it gets down to Rte. 495 it goes under the road and turns to the right and follows the Shawsheen River. Mr. Osgood stated that here is the problem—the West Side sewer pipe is too small and there is a lot of infiltration—people pump their cellars into the sewer so when it rains the sewer just can't handle it. Mr. Osgood stated that there are a number of solutions proposed in order to fix this problem which he will discuss later but this problem needs to be fixed. At this point Mr. Osgood opened the discussion to the residents. Dr. MacMillan asked, "Why hasn't it been fixed in 25 years"? Mr. Osgood replied, "That's a good question". Dr. Rizza asked, "Is there anyone here from DPW"? Mr. Osgood replied, "No". Mr. Osgood stated that he has talked to DPW about this situation. Dr. MacMillan stated that this is a recurrent problem with every rainstorm- this is a health hazard especially where fecal matter spills out. Dr. MacMillan asked, "Has this ever come before the Board before"? Mr. Osgood responded, "No, never". A resident spoke up and said, "I'm sorry it has; in 1973 it came before the Board of Health". Mr. Osgood stated, "I don't remember that". Ms. Starr replied, "You weren't on the Board. Dr. MacMillan wanted some clarification on how often it happens, etc. This is not an everyday matter, it's only with a storm overflow, is that correct stated Dr. MacMillan. It happens 10 times a year or more? Page 6 Minutes: February 26, 1998 At this point in time, the Board Members heard testimony and read documentation from neighbors regarding this matter. Neighbors present; Joseph Walsh, Pam Ciampa, Lenny Foote, Bill Ciampa, Grace Coletta and Gerry McCarthy. The neighbors asked the Board Members, "What can you do for us"? Dr. MacMillan stated that this is an emergency, a health emergency. Mr. Osgood stated that he was able to find out that if the Selectmen declare this a public emergency they do not have to deal with the public bidding laws. Involvement with the public bidding law takes months. Mr. Osgood stated that he proposes the following, which was discussed with the Town Manager: 1) The Board of Health will declare a health emergency,. 2) The Board of Health will send a letter to Board of Selectmen requesting that they declare an emergency in order to facilitate work to be done by DPW. 3) The Board of Health will request that the DPW issue no new sewer entrance permits to the west side sewer without Board of Health permission. 4) The Board of Health will act as liaison agency for residents. 5) The residents will appoint a contract person. 6) Within the next two weeks the Board of Health will compile a complete list of all proposed short term and long term solutions to the problem along with a schedule of when the various projects will be started and completed. This will be provided to residents. 7) The Board of Health will contact Health Boards in neighboring communities if the cooperation of those communities is needed to resolve this problem. 8) The Board of Health will continue to monitor this situation until such time as the problem has been completely resolved and report its findings to residents. 9) All information provided to residents will also be provided to Merrimack River Watershed Council. Dr. MacMillan said, "I don't think we should delay this". Mr. Osgood responded, "We are not delaying it". Dr. Rizza stated that he would like to make a request for the Board Members to consider. Dr. Rizza stated that the request would be that this short-term fix should be put in and authorized under a health emergency statute by the Board of Health so that the Selectmen can get going on this. Also, until that pump is in, those 19 tie-ins are not allowed to tie in until this pump is functioning. Residents applauded Dr. Rizza. Page 7 Minutes: February 26, 1998 Mr. Osgood stated that there are some legal implications for the short term, for instance Stop & Shop. Dr. MacMillan stated that we need to remedy the problem before we put more effluent into the system. Dr. Rizza stated that the Board of Selectmen has to understand that this pump has to be installed first. A resident asked, "Have those permits been issued by Mr. Halpin"? Mr. Osgood stated that it is not Mr. Halpin who issues permits. Mr. Osgood stated that when, for instance, Stop & Shop submitted their plans to the Planning Board, Conservation Commission and all the other town agencies, one of the things they had to do was get a Sewer Entrance Permit; they have that—they get that from the DPW. Mr. Osgood stated that they got that permit some time ago; it is not something that they just got yesterday. An irate resident said, "Knowing the situation that we have,that is unconscionable, I am really aggravated right now. Those people knew of this problem from 1965 (yes I am getting emotional and I apologize) and they don't give a rats you know what but they issue a permit and they want to give a 92 house subdivision out on 114 a permit and the hell with the people at the bottom of the street. That is all that it amounts to, Sir". Dr. Rizza asked Mr. Osgood, "What are the legal implications that our Board has if we were to issue a health emergency. `Would those permits be allowed'?" Ms. Starr stated that if the Board of Health issues a moratorium that is it. The Board of Health does have the authority to do that. The concern is that these permits were issued before this recent situation. A resident responded, "That doesn't make it right". Mr. Osgood responded, "We are not saying it's right". Ms. Starr stated that there is concern that the town would be sued because these permits were issued and the developers have proceeded based on the fact that they have their permits. Mr. Osgood stated that he does not have any problems with what is proposed- it is that we won't allow any tie-ins until the pump is put in. Mr. Walsh asked, "Will that include those 19 also"? Mr. Osgood responded, "Yes, everything". Dr. Rizza stated that what has to be done is to establish short term and long term goals. Dr. MacMillan stated that this is just a Band-Aid just to help you now. Mr. Osgood stated that this is an ongoing thing. Mr. Osgood suggested taking a vote to declare this a health emergency. Page 8 February 26, 1998 On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to declare a health emergency in regards to the West Side sewer situation on Glenwood Street. Mr. Osgood suggested dealing with the moratorium now. Mr. Starr had a couple of comments as far as number 3 —the word, "request" - it should read, "the Board of Health require". And number 6, Ms. Starr stated that she does not feel that it is the Board of Health's job to do DPW's work, DPW should compile the list. Dr. Rizza stated that he would like to recommend that the Board of Health send a letter to the Board of Selectmen requesting that they declare an emergency in:order to facilitate the work. Dr. MacMillan asked, "Doesn't that go automatically"? Mr. Osgood responded, "No". Dr. Rizza stated that he would also like to make a recommendation that the Board of Health require that DPW issue no sewer permits to the West Side until the problem is resolved. Dr. Rizza also recommended adding 3a that would read, "No sewer tie-ins be allowed until the pump is installed and the issue for the short term is resolved". Mr. Walsh asked, "Does the Town Manager or the Board of Selectmen have the authority to grant permit tie-in"? Mr. Walsh stated that they were taking a vote the other night and stopped. Dr. MacMillan stated that they really couldn't do that if the Board of Health declares an emergency. Dr. MacMillan stated that the Board of Health has more power than they do in that issue because this is a public health issue. Dr. Rizza recommended adding 6a that would read, "That carbon copies of all correspondence be sent to the DPW and the engineering for any long/short term goals be in conjunction with DPW. Mr. Osgood stated that that is being done -no need to put that in. A resident asked, "Can we ask that the Board of Health be the ones to determine that the pump is working before they hook-up any others. Mr. Osgood replied, "Yes, we will do that". Ms. Starr asked the Board if they would like to do some water testing to see what we have for fecal coliform? Mr. Osgood stated that we already did that. Ms. Starr suggested doing it after the pump is in. Ms. Starr asked, "What about the soils around this area"? Mr. Osgood replied in the negative. On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to approve all above. Page 9 Minutes: February 26, 1998 OTHER BUSINESS: Wheelabrator—Health Issues: Dr. MacMillan stated that the Board was going to have Wheelabrator come back and have a mini public meeting and they are going to talk technical stuff. Mr. Osgood suggested that the Board Members be at a NEPA meeting at Wheelabrator scheduled for tomorrow at 10:00 a.m. Mr. Osgood stated that he spoke with Ken Kimmell the other day and he mentioned that if the Board doesn't do anything, what will happen is that Wheelabrator will go to court to vacate our right to site assignment and host agreement. Cancer Incidence Reports: Ms. Starr stated that she included in the Board Member's packets the Cancer Incidence Reports because of the issues the Board of Health has been dealing with, i.e. Wheelabrator, and environment. Ms. Starr stated that Andover is high in Breast Cancer, Methuen has elevated colon/rectum, and North Andover shows elevated prostate cancer. Mr. Osgood stated that the problem with this type of information is that there is absolutely no correlation. Dr. Rizza stated that they're going to bring it in. Dr. MacMillan asked, "Who, the people for the environment"? Ms. Starr responded, "Yes". Dr. MacMillan stated that it is just junk science, no correlation. Ms. Starr stated that the State is coming in to look at the situation in Andover and see if there are any clusters on Breast Cancer. Ms. Starr stated that the numbers are quite high. Mr. Osgood replied but they do not know why. Dr. MacMillan pointed out that breast cancer rates aren't the same in North Andover as they are in Andover. Dr. MacMillan stated"same air". Dr. MacMillan stated that of course it has a lot to do the water, and genetics. Dr. MacMillan stated that if we were next to a nuclear plant and half the population was getting leukemia—that would be something. Nomination of Animal Inspector: Ms. Starr stated that she spoke with Dr. Atwood today and he is interested in carrying on the torch if the Board wants to nominate him. Page 10 Minutes: February 26, 1998 On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to re-appoint Dr. Robert Atwood as Animal Inspector, Ms. Starr stated that she would compose a letter stating the re-appointment of Dr. Atwood. Sign "NO NITS" Regulations: The Board Members signed the NO NITS regulations, Report of the Installers Workshop: Ms. Starr reported that last Thursday the North Shore Health Agents' Network, of which she is part, presented a workshop on best installation practices for the installers in the area. Ms. Starr mentioned that there was a very good turn out, there were about 150-160 installers there and they had several speakers on soils, an engineer spoke on ways to do things properly and it was quite a success. Approval of Minutes 1/22/98, 11/5/97, 8/28/97, 10/2/97, 6/26/97: On a motion Dr. MacMillan, seconded by Dr. Rizza, the Board voted unanimously to tentatively approve the minutes of 1/22/98, 11/5/97, 8/28/97, 10/2/97, and 6/26/97 until next meeting in order to give Dr. MacMillan time to read them. Ms. Starr mentioned that in the Board Members packets there is a letter from someone in Tewksbury in the recycling committee about NESW, a notice of a hearing for GLSD, which is on March 5 . Mr. Osgood stated that meeting is important. Mr. Osgood stated that he has already met with them and he does not know if he will attend that meeting. Mr. Osgood stated that this is going to be a very big issue for the Board of Health—it is going to be about$20M changes to that plant and it will probably be controversial. On a motion by Dr. Rizza, seconded by Dr. MacMillan,voted unanimously to adjourn the meeting at 8:50 p.m. John S. Rizza,D.M.D., Clerk