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HomeMy WebLinkAbout1998-03-26 Board of Health Minutes BOARD OF HEALTH MINUTES MARCH 26, 1998 Gayton Osgood called the meeting to order at 7:05 p.m. MEMBERS PRESENT: Gayton Osgood, Chairman, Francis P. MacMillan, M.D.,Member, Sandra Starr,Health Administrator, and Susan Ford, Health Inspector. 91 TUCKER FARM ROAD: Mr. Joseph Serwarka, Engineer, was present representing the owners. Mr. Serwarka stated that this is a failed septic system. Mr. Serwatka stated that the owner did the soil testing, design, and submitted a plan. Mr. Serwatka requested to come before the Board to request a variance for 3 feet to groundwater instead of 4 feet. Mr. Serwatka stated that he is requesting a variance because the system is at the edge of the driveway and the driveway slopes down. The grading could just fit into the landscape with a variance. Mr. Serwarka stated that he wants to raise the system, which would stop the normal flow of run off down the driveway. Mr. Osgood asked Ms. Starr if she had a problem with this. Ms. Starr responded, "No". On a motion by Dr. Rizza,seconded by Dr. MacMillan, the Board voted unanimously to grant the variance for 3 feet to groundwater instead of 4 feet. 222 BRADFORD STREET: Mr. Joseph Serwatka, Engineer, stated that this is another repair. He stated that the soils are really tight in this area—they had a perc rate of 40 minutes per inch. Mr. Serwatka is requesting a reduction in the setback to the garage, a reduction in the size of the leach area, and a concrete barrier to achieve breakout. The system was required to be redesigned to provide 4 feet above groundwater. Mr. Osgood asked Ms. Starr if she had a problem with this one. Ms. Starr replied, "No". On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to grant all four variances as stated above. 1116 SALEM STREET: Owner Andre Farah was present. New England Engineering, Ben Osgood, Jr. was out of town. The owner stated that he has a cesspool right now and is trying to comply with Title V. Ms. Starr stated that she told the owner that she could not present this to the Board because she had some concerns about it and that she could not recommend the Page 2 Minutes: March 26, 1998 variance to allow a reduction in the size of the leach area. Mr. Osgood asked, "What is the variance he is asking for"? Ms. Starr responded, "He is asking for a local upgrade—a reduction in the offset distance between the bottom of the leach area to the watertable from 4 feet to 3 feet, a reduction in the setback distance to wetlands from 100 feet to 84 feet, and the one that concerns her the most is the reduction of the leach bed size from 900 sq. ft. minimum to 740 sq. ft. Ms. Starr stated that all the literature that she has read over the years states that if you have a leach bed you need more area than you would have if you were putting in trenches. For a four-bedroom house 900 sq. ft. should be the minimum. Mr. Osgood proposed to Ms. Starr, "What if we give the variances for the wetlands and bottom of bed, and somehow let you work out the size?" Mr. Osgood stated that he wants to get the owner off dead center so he does not have to come back before the Board. Mr. Osgood stated that the Board does not meet for another month. The owner stated that in all honesty he could not wait another month. Ms. Starr mentioned that some time ago, the Board Members gave her the authority to waive most items for the local regulations except the distance to wetlands; and asked if the Board wanted to continue to do that. Ms. Starr stated that that process can be followed and that she and the engineer can work out the size of the leach area. Mr. Osgood suggested that in this particular one that would be appropriate, and asked whether the Board agreed. On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to grant the variance of 70 feet to wetlands, 3 feet to groundwater, and directed Ms. Starr to work with the engineer on the size of the leach area. 44 WOODCREST DRIVE: Owner was present and stated that she sold her house, papers are passing on April 20, and the buyer has signed an agreement that they would take responsibility to hook-up to town sewer, but if in fact, it does not pass papers, she will assume responsibility to hook up. Dr. MacMillan stated that Woodcrest.Drive is presumably going to get a sewer in by the summer. Ms. Ford mentioned that that is why they do not want to do the Title V. Ms. Starr stated that this has to be a legally binding agreement. The owner agreed. The owner stated that she has to have an agreement signed so that she can give it back to the buyers so they can show it to the bank. Page 3 Minutes: March 26, 1998 The owner presented the agreement to Ms. Starr to review. The seller and the buyer signed the agreement. Ms. Starr reviewed the agreement and asked, "When was this signed"? Ms. Starr stated that it was not dated. The owner apologized. The owner dated the agreement. On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted unanimously to grant the waiver to the Title V inspection. The owner requested that the Board of Health Members sign the document. The Members signed the agreement. 61 WOODCREST: Jeffrey Simrock was present with Mr. Long with whom he represents. Attorney Simrock stated that this is the agreement that has been signed by all parties. The properties are owned by Robert &Rosemary Von. They are selling to the Roberts with the closing to take place in May and they are looking for a waiver of the Title V inspection. Mr. Osgood stated that there is no problem with this one, is there Ms. Starr? Ms. Starr reviewed the agreement. The Board Members signed the agreement. CATHERINE MICHAEL'S: Ms. Ford stated that the licensed massage person left and the Board of Health found out that they were still offering massages and someone was giving soothing massage. Ms. Starr stated that in addition they had already been in violation when they first opened, the person that became licensed was working there before she was licensed. Ms. Ford asked what is the procedure for Catherine Michael's. Mr. Osgood stated that the procedure is the same as for anybody else. Mr. Osgood stated that they need licensed personnel, establishment inspected, and they do not have to come before the Board. Mr. Osgood asked, "Are we going to allow them to license the place without licensed personnel"? Ms. Ford responded, "We do that now". Mr. Osgood stated that the Board Members want to see who is going to work there before the Board does anything. Mr. Osgood stated that you could go and inspect the establishment and look at it. Page 4 Minutes: March 26, 1998 Approval of Minutes: Minutes of 7/24/97: On a motion by Dr. MacMillan, seconded by Mr. Osgood, the Board voted unanimously to approve the minutes of 7/24/97 as written. Dr. Rizza abstained. On a motion by Dr. MacMillan, seconded by Mr. Osgood, the Board voted unanimously to approve the minutes of 10/7/97 as written. Dr. Rizza abstained. On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted unanimously to approve the minutes of 10/29/97 as written. GLENWOOD DRIVE: Mr. Osgood stated that there are 19 outstanding, previously issued permits and that the town can not give any more permits for connection to the west side sewer until the complete new sewer line is in. Dr. MacMillan stated that they would never be able to hook-in. Mr. Osgood agreed. Mr. Osgood stated that what the DEP says is different from what the Board says. DEP says, "They are not going to take jurisdiction over those 19 permits". Mr. Osgood stated that they are trying to avoid getting themselves involved in a legal battle. Mr. Osgood stated that what the Board said was...until the interim solution is in place, none of those 19 can tie-in. Mr. Osgood stated that the Town ordered the pump and the proposal is apparently before the City of Lawrence now for their approval. Andover already agreed to allow North Andover to tie-in. It is Andover's sewer line but it is in South Lawrence. Mr. Osgood stated that what he understands is that there is no opposition to the tie-in—it is just a matter of getting the proper legal paper work in place. Mr. Osgood stated that when that happens we need some insurance that this is going to work. Mr. Osgood stated that this pump is not permanent. Dr. MacMillan responded, "Right. Until they get the new sewer line in". Dr. MacMillan asked Mr. Osgood, "Where is that going to go then"? Mr. Osgood replied,"What"? Dr. MacMillan clarified, "Once we have the new sewer line in, where will it go?" Mr. Osgood stated that it is planned to go down through the ball field on Mass Ave, down Marblehead Street,toward the river to tie into the big GLSD trunk. Mr. Osgood stated, "Don't quote me because it hasn't been designed yet, but it is the general direction." Mr. Osgood stated that the Board does not have much to say about this DEP order except that there is going to be a meeting tomorrow at 11:00 a.m. which he is going to with the town lawyer who is going to represent us. Page 5 Minutes: March 26, 1998 Mr. Osgood stated that there is one thing that the Board should try to get into the agreement. That is,that if there is a failed individual septic system on the west side, the Board of Health should be allowed to permit them to tie-in rather than build a new septic system. Mr. Osgood suggested forgoing the ongoing tie-in sewer program on the West Side until the new sewer is complete. Dr. MacMillan asked, "Do we have many people who are not tied in to the sewer now"? Ms. Starr stated that there are quite a few. Mr. Osgood stated that unless they have a failed septic system we're not going to mandate a tie-in. Mr. Osgood stated that when the interim pump and everything gets in, the Board is going to have to meet and decide whether to relinquish our authority over those 19 permits. Dr. MacMillan asked, "Where are they going to put that pump"? Mr. Osgood replied, "down by 495 on Mass Ave. right near the bridge. Mr. Osgood stated that it is going to be a portable pump on wheels. VMEELABRATOR: Ms. Starr stated that there is a letter in the packets from Wheelabrator stating what they foresee to be the outline of the sessions they want to hold. The letter talks about Session I, II, III, IV and what they wish to present and cover. Ms. Starr and the Board Members discussed dates for these sessions. Dr. MacMillan stated that he has a Medical Society Meeting the first Thursday of every month. He stated that 2, 3, 4 Thursdays are okay. Mr. Osgood stated that the Board also has to schedule a meeting with the People for the Environment. Dr. MacMillan suggested that the People for the Environment be at the same meeting session with Wheelabrator. The Board agreed that they could meet on Mondays from 7:30 to 9:00 p.m. Mr. Osgood asked Ms. Starr to get in touch with Joan Kulash. Ms. Starr suggested that the Board read a draft letter from Ken Kimmell to Secretary Cox about the GLSD/Management Facility Plan. Ms. Starr suggested that the Board read a letter from Mr. Halpin in regards to NESW Staff Emissions Compliance Test. Ms. Starr stated that the Board has a lot to read. Page 6 Minutes: March 26, 1998 Mr. Osgood stated that Mr. Halpin wants to meet with the Board at some point,just to go over his vision—during the day if possible. The Board agreed to Wednesday. Ms. Starr brought forth a complaint letter about the flies at Russett Lane that the complainant states come from this farm in Boxford. Ms. Starr stated that she and Ms. Conboy met out there a couple of years ago, and Ms. Starr suggested that the owner get what is called The Terminator. Dr. MacMillan suggested sending this owner a letter telling him to call the Board of Health in Boxford. On a motion by Dr. Rizza, seconded by Dr. MacMillan,the Board voted unanimously to adjourn their regular meeting at 8:05 p.m. EXECUTIVE SESSION: TO DISCUSS THE PENDING LITIGATION BETWEEN THE BOARD OF HEALTH AND TBI. TBI IS CONTESTING THE BOARD OF HEALTH'S DENIAL OF THEIR PERMIT. Dr. MacMillan voted to go into executive session, Dr. Rizza voted to go into executive session, and Mr. Osgood voted to go into executive session. . John S. Rizza;D.M.D., Clerk