HomeMy WebLinkAbout2015-10-27 Board of Health Minutes 1
North Andover Board of Health
Meeting Minutes
T but°sday--October 27,2015
7:00 l . n.
120 Main Street,2"d Floor Selectmen's Meeting Room
North Andover, MA 01845
Present: Thomas Trowbridge,Frank MacMillan,Larry Fixler,Edwin Pease,Susan Sawyer,Michele Grant,
Lisa Hadge
I. CALL TO ORDER
The meeting was called to order at 7:04 pm.
II. PLEDGE OF ALLEGIANCE
III. PUBLIC HEARINGS
IV. APPROVAL OF MINUTES
A. Meeting minutes fi•om September 24,2015 were presented for signature.
Motion was made by Mr.Fixler to approve the minutes,the motion was seconded by Mr.Pease,all
were in favor and the minutes were approved.
V. OLD BUSINESS
A. 700 Middleton Street—James Morin,representing owners of 700 Middleton Road requesting:
1. Local Upgrade Approval request to reduce the setback distance from the private well to the
proposed leach field of 77 feet where 100 feet is required. (3 10 CMR 15.405(1)(g)
2. Local Upgrade Approval request is required to have only one test pit in the proposed leach field
area where two are required. (3 10 CMR 15.405(1)(k)
3. Variance request from the NA BOH local of setback distances of wetlands to a SAS of 51 feet
where 100 feet is required.
Jim Morin approached the podium.Mr.Morin stated that he is a registered sanitarian in the state
of Massachusetts.A discussion ensued regarding the proposed septic system at 700 Middleton
Street and the requests before the Board. Dan Ottenheimer,Mill River Consultant,reminded the
Board that this request was brought before them at a previous meeting.There is a nearby well and
the concern was the proposed septic system being replaced within 100 feet of a well.A
representative for Mr.Morin was at the previous meeting and he was not able to answer some of
the Boards questions regarding the well so he was asked to do some homework and come back to
a future Board meeting.Mr.Morin stated that they hired a lab to come into the property and obtain
a water sample from the kitchen sink.The well water testing results have been forwarded to the
Board and the well water testing came back clean.A discussion ensued regarding the well.Mr.
Morin explained that no expansions or additions to the home are proposed.The homeowners are
selling the property and retiring.The home is a four bedroom and will stay a four bedroom.Mr.
Morin stated that he has filed with Conservation pertaining to the wetlands and offsets.He stated
that Conservation has given their verbal approval and Mr.Morin can pick up the conditions at the
next Conservation meeting.A discussion ensued regarding the soil testing at the site and the
2015 North Andover Board of Health Meeting Page 1 of 6
Board of Health Members: Thomas Trowbridge,DDS,MD,Chairman;Larry Fixler,Member/Clerk;Francis P.MacMillan,Jr.,
M.D.;Joseph McCarthy,Member; Edwin Pease,Member Health Department Staff:Susan Sawyer,Health Director; Debra
Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Lisa Hadge,Health Department Assistant
proposed placement of the septic system. Dr. MacMillan asked Mr. Ottenheimer if he had any
comments or concerns regarding the second request of having only one test pit.Mr. Ottenheimer
stated that he did not see any concerns.Dr. Trowbridge asked Mr. Ottenheimer that since the
Board now has a baseline test of the water and the up gradient,even though there are no
guarantees,can the Board accept it? Mr. Ottenheimer stated it is subjective but if the well was not
contaminated with the existing system there is very little risk of contamination with the new
proposed system.
Motion was made by Dr.MacMillan to approve the two local upgrade approval requests as listed in
the agenda as well as the variance request as printed in the agenda.Motion was seconded by Mr.
Pease.All were in favor and the motion was approved.
VI. NEW BUSINESS
A. 440 Boston Street—Douglas Smith,representing owners of 440 Boston Street,requesting:
1. Local upgrade approval for the requirement of a 4' separation between the bottom of the soil
absorption and high groundwater with a reported perc rate of 3 min per inch. This results in a 1'
reduction resulting in the bed bottom being 3' above high groundwater.(3 10 CMR 15.405(h))
2. Requesting a local upgrade approval for the requirement of a 12"separation between the inlet and
outlet tees and high groundwater. A 10"separation is provided for the septic tank and a 5"
separation is provided for the pump chamber. Rubber boots are provided on tank and pump
penetrations. (3 10 CMR 1.5.4050))
Douglas Smith approached the podium.A discussion ensued regarding the proposed septic system
at 440 Boston Street and the requests before the Board.Mr. Smith stated that the home does not
have a full foundation but has a crawl space.He stated that the proposed system fits in well with
the property and is esthetically a good situation.Mr. Smith described the layout of the property
and surroundings. The driveway is about 250 feet with the house sitting sideways with no street
anywhere near the system at all.He stated that the land has an unusual shape.Mr. Smith reviewed
the property lines.Dr. Trowbridge asked Mr. Ottenheimer to review the inlet/outlet tees and
groundwater. Mr. Ottenheimer explained that because of how the house is built they can't comply
with the design standards and the code.Mr. Ottenheimer reviewed design standards and the risk of
a tank sitting in the ground water table.He reviewed what the code says to prevent this risk.Mr.
Ottenheimer stated that because Mr. Smith doesn't have the flexibility to change where the pipes
come out of the house he can't raise up the tank to comply with the code.Dr.MacMillan asked if
12"to 10"is substantially different with regards to risk. Mr.Ottenheimer stated it was not.An
explanation ensued regarding the limitations with the existing basement.Dr.MacMillan asked Mr.
Ottenheimer if he had any reservations approving the two requests that were being requested.Mr.
Ottenheimer stated that the Board has had questions regarding this local upgrade approval in the
past to reduce the distance to the ground water.
Mr. Ottenheimer reviewed what Title V addresses.This request has been granted before in the
past,but there have also been times where it hasn't been granted.Dr.MacMillan asked if the
property was in the Lake Cochichewick watershed. The property is not. A discussion ensued
regarding the proposed system location.Mr.Ottenheimer reviewed the code with the Board. There
are two options for full compliance under Title V and there is an additional option which is to
request a reduction of the groundwater offset from 4'to 3'.This can be granted but the code does
give two options for full compliance which would be preferred. A discussion ensued regarding
the proposed septic system.Mr. Smith stated that not approving the requests before the Board
could be a hardship to the current homeowners with their buyers. The homeowner asked to address
the Board. She stated that she has lived there along with five other people for twenty eight years
with no issues of flooding.The delay would possibly cause them to lose their buyers. Mr.Fixler
asked Mr. Smith if he thought coming up with a larger system and asking for the local upgrade
approval was better alternative to the two Title V options that Mr. Ottenheimer had mentioned for
compliance.Ben Osgood Jr.,engineer for a couple of requests on the agenda,approached the
podium.Mr. Osgood discussed his thoughts as a designer for justifications on the Freduction
resulting in the bed bottom being 3' above high groundwater.A discussion ensued regarding Title
V and the local upgrade approval. Dr.MacMillan stated that what Mr. Smith requests,seems
reasonable.
Motion was made by Dr.MacMillan to approve the request,as listed in the agenda,for the
requirement of a 4' separation between the bottom of the soil absorption and high groundwater with
a reported perc rate of 3 min per inch. This results in a 1' reduction resulting in the bed bottom
being 3' above high groundwater.Motion was seconded by Mr.Fixler.All were in favor and the
motion was approved.
North Andover Board of Health
Meeting Minutes
"1 imrsda —October 27, 2015.
7:00 p.im
120 Main Street,2°d Floor Selectmen's Meeting Room
North Andover, MA 01845
Motion was made by Dr.MacMillan to approve the request as listed in the agenda for the
requirement of a 12"separation between the inlet and outlet tees and high groundwater. A 10"
separation is provided for the septic tank and a 5"separation is provided for the pump chamber.
Motion was seconded Mr.Fixler.All were in favor and the motion was approved.
B. 415 Winter Street—Benjamin Osgood,Jr.,representing owners of 415 Winter Street,requesting:
1. Local upgrade approval to allow a reduction in the separation distance between the water table and
bottom of leach stone in the leach field from 4 feet as required by Title 5 Section 15.212 to 3 feet.
2. Local variance for reduction in the offset distance between the edge of a leach field and a wetlands
from 100 feet required to 55 feet.
Ben Osgood Jr.approached the podium.Mr. Osgood gave information regarding the home's
septic systems history.The system is a reconstruction of what was done about 10 years ago.The
home is an older duplex.Mr.Osgood's firm was hired originally in 2001 to design a replacement
system. The soil testing was done,permits pulled and the system was installed per the plans.He
recently received a call from the owner looking for a designer and Mr.Osgood just happened to
have been the designer back in 2001.Mr. Osgood gave his opinion on why the current 15 year old
system.failed.He stated that there had been home renovations and items i.e.paint was put down
the drains that shouldn't have been.His opinion was that the system failed from abuse..Pumping
records showed it was only pumped once or twice since it was last installed.The septic plans were
done and he has gone before Conservation.He is asking for same waivers that were asked for
originally.Mr. Osgood reviewed his requests for approval. Dr.MacMillan asked if they planned
on just excavating the sight and reinstalling the system.Mr. Osgood stated that was the case.The
regulation from the last installation is still the same as before.Mr. Osgood stated that if the system
was not misused,the system probably would not have failed.A discussion ensued regarding
maintaining a septic system,the lifespan of a septic system and the current proposed system and
an addition of a wall.Mr. Osgood would like to dig down a foot or more until good clean sand is
identified. It will be replaced by another type of sand.Ms.Grant asked Mr. Osgood if he planned
on removing and replacing the current sand.Using less sand could mean a good savings to the
home owner,added Ms. Grant.A discussion ensued regarding replacing the sand and the type of
sand.Ms. Grant added that an out of season permit can be pulled in emergency situations if time
runs out.
Motion was made by Mr.Fixler to approve both requests as listed in the agendas; it was seconded by
Mr.Pease:
-to allow a reduction in the separation distance between the water table and bottom of leach stone
in the leach field from 4 feet as required by Title 5 Section 15.212 to 3 feet.
2015 North Andover Board of Health Meeting Page 3 of 6
Board of Health Members: Thomas Trowbridge,DDS,MD,Chairman;Larry F]Xler,Member/Clerk;Francis P.MacMillan,Jr.,
M.D.;Joseph McCarthy,Member; Edwin Pease,Member Health Department Staff:Susan Sawyer,Health Director; Debra
Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Lisa Hadge,Health Department Assistant
-reduction in the offset distance between the edge of a leach field and a wetlands from 100 feet required to
55 feet as written on the agenda.
Chairman called for discussion.Ms. Grant had an additional item for discussion. She requested the board
consider adding a requirement to test the sand to ensure compliance with Title V standards and if it does
not pass,it will be replaced by C-33 sand.
Larry Fixler offered the amendment to include the following; that the original sand that is in the ground
below the system,is to be tested. If it doesn't pass as Title V sand,the sand will be completely removed and
replaced with C-33 sand.Motion was seconded by Mr.Pease.There was a unanimous vote by the board for
the amendment.The chair returned to the amendment to the motion.Frantz MacMillan made the motion to
approve the amended motion and Mr.Pease seconded the motion. All were in favor and the complete motion
below was approved.
-to allow a reduction in the separation distance between the water table and bottom of leach stone in
the leach field from 4 feet as required by Title 5 Section 15.212 to 3 feet.
-reduction in the offset distance between the edge of a leach field and a wetlands from 100 feet
required to 55 feet as written on the agenda.
-that the original sand that is in the ground below the system,is to be tested. If it doesn't pass as
Title V sand,the sand will be completely removed and replaced with C-33 sand.
C. 415 Boxford Street—Benjamin Osgood Jr.,representing owners of 415 Boxford Street,requesting:
1. Local upgrade approval to allow a leach field to be designed in an area with only one test pit in
lieu of 2 as required by Title 5 sections 15.405(k).
Mr.Osgood gave history of the property located at 415 Boxford Street.The reason for the failure was
that the owner installed a water softener and the back flush went into the septic system.The water
softener can cause a failure by the salts going into the tank and then the solids going out into the
system. The homeowner is sold a product and does not know it could fail their septic.A discussion
ensued regarding installation of water softeners.It was noted that no permits are needed to install
water softeners.Ms. Grant compared it to a garbage grinder. She stated that no garbage grinder is safe
for a septic system and yet,the manufacturer and sales person markets it as safe for septic systems. She
also stated that homeowners may not be educated on the dos and don'ts of a septic system. The new
plan will include a location for a drywell for the back flush of the water softener. Mr. Osgood
discussed the proposed septic system and what was being requested by the Board. It is the same as the
plan for the system currently in the ground.The designer feels that this system was properly designed
and the local upgrade approval given by the board of health a decade ago was appropriate and they are
still the best application for the property today.Mr.Ottenheimer did not see a problem with the local
upgrade approval being requested.
Motion was made by Dr.MacMillan to approve the local upgrade approval as listed in the agenda to
allow a leach field to be designed in an area with only one test pit in lieu of 2 as required by Title 5
sections 15.405(k).Motion was seconded Mr.Pease.All were in favor and the motion was approved.
D. Town of North Andover Dumpster Regulations—To amend section 2.2 of the local regulation: to
modify the annual expiration date for a permit to maintain a trash or refuse dumpster from the calendar
year to the last day of February in order to be aligned with the food permits.To amend section 2.4 to
exclude certain parties from this regulation.The amendment will take effect immediately.
Motion made by Dr. MacMillan to amend the dumpster regulation by way of addition and
deletion as stated in the agenda.The motion was seconded by Mr.Pease.All were in favor and
motion was passed.
E. Town of North Andover Regulation Concerning the Hauling and Disposal of Solid Waste—Susan
Sawyer described the need to modify the regulation to eliminate conflicting phrases regarding
distinction between hauling waste and traversing the town roads.This regulation oversees the
movement of the trash trucks that go to Wheelabrator,TBI and Covanta solid waste facilities.
Authority to set truck routes was given to the Town's Board of Health as North Andover is the host
community to multiple facilities. The board felt it necessary to exercise that right.The regulation has
been modified on occasion to attempt to make it more understandable and workable to the N.Andover
Police Department and the Health Department,
The NAPD does the enforcement on these vehicles for the Health Department. Larry Fixler
commented on the process that was done to identify sections or phrases of the current regulation that
North Andover Board of Health
Meeting Minutes
Tim sday--October 27, 201
7:00 p.m.
120 Main Street,2"d Floor Selectmen's Meeting Room
North Andover, MA 01845
conflict with other sections or phrases. The corrections proposed are all in line with the intent of the
regulation as first approved.Health staff and Larry Fixler spent a number of hours going line by line to
find inconsistencies. It is the intention to reduce the conflicts that arose last year.Nothing of substance
or of the original intent has been changed. We also tools out sections that were basically outdated and
not relevant on how the regulation is applied and corrected process inconsistencies.This is a change in
process.We fully expect that other items may come up from time to time that may need addressing.At
that time the Board can take action on those items. It did not meet the timeline to be sent prior to the
trash truck applications,but everyone who should be aware and will have to comply with the changes
to be fair to all.The process is ongoing and these changes are needed to be in place for this renewal
period. Larry Fixler noted that the office will notify the public via local newspaper and for the
Ed Pease presents that he has reviewed and marked up the document for numerous grammatical errors
and formatting errors.It is just clean up stuff,not sustentative. He noted the use of capitals;missing
periods etc.Lary pointed out that Ed's capacity was not as a legal advisor for this review.These are
editorial comments and Dr. Trowbridge proposed that he would be able to review and approve the final
draft,but the vote can be taken now and signed at the November meeting. The final revised document
will be distributed as soon as it can be signed. The final approved,but unsigned document will be
distributed prior to signing to assist the applicants.Ms. Sawyer noted that these changes do not affect
any permit holder or applicant to appeal any decisions made by the staff reviewing the applications.
Motion made from Dr.MacMillan moved to accept the changes as presented and the Board will
designate to the chairman final approval of any grammatical corrections that he deems are
necessary.Larry Fixler seconded. All were in favor and the motion was passed.
VII. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION
A. 2016 BOH Agenda—Due to renovations of Town Hall,the 2016 BOH agenda was presented with the
meeting days to be held on the fourth Tuesday instead of Thursday for 2016.The Superintendent's
room at 566 Main Street was suggested. The Superintendent's room is about the same size of the
Selectmen's room and is wired for recording with NA CAM. Parking is convenient.There was no
opposition in changing the meeting from a Thursday to a Tuesday by members present.Dr.
Trowbridge asked if there was anything written anywhere in the Town Charger or By-Laws stating that
the Board is to meet on a Thursday. The Health Department staff will look into whether or not it is
written anywhere that the day must be the 4th Thursday.A vote will be held off until the next BOH
meeting if there is a need to address.
VIII. CORRESPONDENCE/NEWSLETTERS
Mrs. Sawyer gave feedback on the recent flu clinic held at North Andover High School. Over 530
vaccinations were given.The next flu clinic will be held on November 5,2015 from 2-3pm at the Senior
Center.Everyone is welcomed.There is no charge,but please bring your medical cards.
2015 North Andover Board of Health Meeting Page 5 of 6
Board of Health Members: Thomas Trowbridge,DDS,MD,Chairman;Larry Fixler,Member/Clerk;Francis P.MacMillan,Jr.,
M.D.;Joseph McCarthy,Member; Edwin Pease,Member Health Department Staff:Susan Sawyer,Health Director; Debra
Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Lisa Hadge,Health Department Assistant
Ms.Rillahan,Public Health Nurse,has also been signing up people for pneumonia clinics and has been
doing homebound who need flu shots. Please call the Public Health Nurse if you need a flu shot and are
homebound.
Merrimack College Give Back Program will be coming up on November 7th.There are over 100 volunteer
students coming N clean up around the lake and Ms. Sawyer also coordinated with the NAHousing
Authority to have 40 student volunteers to help beautify their community rooms and surrounding grounds.
The new Fire Station's"open house"will be on the morning of November 7t".
Mrs. Sawyer stated that it is time for permit renewals. The reminder letters are set to be mailed out at the
end of the week. Wlien establishments receive their new permits,they will also receive a letter to let them
know that their food and/or dumpster permits will run through the end of February 2017. Permits will then
run from March lm through February 28t"oy each year after.
D[. ADJOURNMENT �
MOTION made hy Dr.MacMillan to adjourn the meeting.Mr.Flslor seconded the motion and all �
were in favor. The meeting was adjourned at8:53pm.
Prepared bw
Lisa Bauge,Health Dept.Assistant
Reviewed bw
All Board @'Heo86 Members&Susan Sawyer, Health Director
3ipled62
Lmvy/-Klm, Clerk Yf the Bouwu �} De Signed
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