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HomeMy WebLinkAboutCorrespondence - 554 FOSTER STREET 5/28/2013 Sawyer,Susan ''.. From: Sawyer,Susan Sent: Tuesday,May 28,2013 1:43 PM To: 'jmrunions @comcast.net' Cc: Grant,Michele '.. Subject: 554 Foster Street '.. Attachments: 20130528120721960.pdf Dear Joanne, As wejust spoke about,I have attached the letter recently received by the Health Department in regards to the septic system at 554 Foster Street.In addition,below is an excerpt from the BOH minutes in November.At this time the Health Department cannot sign off on the septic system at this site;as the location of the tank is five feet closer to the wetlands than approved by Health and Conservation.I understand Mr.Kellett is also in contact with the Conservation Department on the procedures regarding this error. It is unfortunate that he did not confirm the change with Mr.Dufresne priorto backfilling the tank;this is protocol and was verbally reasserted by Ms.Grant,in the field the day of the inspection.The Health Department has supported changing components for reasons such as eliminating bends in a line,but our regulation requires that installers confirm changes from the approved plan to avoid problems such as this.Our inspector told Mr.Kellett that this office had no issue with the change of tank location;as long as Mr.Dufresne was in favor of it.In speaking with Mr.Dufresne;he stated that he had no recollection of receiving that request from Mr.Kellett. The Board of Health approved the distance that Conservation approved;hence there will be no reason to attend a second BOH meeting assuming the Conservation Department comes to a resolution,If it involves moving the tank;we will be present to observe and inspect the work by the installer.Once Conservation makes a decision;our office will look again at the issuance of the health Dept.Certificate of Compliance. Thank you Susan Sawyer Motion:Mr.Pease motioned to grant an out of season variance to section 4.2 of the North Andover Subsurface '.. Wastewater Disposal Regulations.Mr.Fixler seconded the motion.All were in favor.The second issue was a variance to the distance from a septic leaching area to the wetland.This matter will be before the NA Conservation Commission in early December.The next BOH meeting won't be until December 20th.At that meeting the BOH '.. members could approve the variance.Dr.Trowbridge stated that since this is a completely failed system it is in the best interest to grant these variance requests now to allow the homeowner to move the installation forward faster. Motion:Mr.Fixler motioned to approve the waivers and local upgrades shown on the plan provided by Mr.Kellett,or to dpprovl^arty change in distarrc b to User,wetiands as approved Vey fire NA d,onseivation ti'ontrreH39tltDn.Mr.Pease seconded the motion and all were in favor. Susan Sawyer Public Health Director Town of North Andover 1600 Osgood Street Suite 2035 North Andover,MA 01845 Phone 978.688.9540 1 Fax 978.688 8476 Email a i I t"ssaw'g "I'-d-, - r@!Qwrluf� Web W-1....IN-hA,,dove- 16 2 Sawyer,Susan From: Sawyer,Susan Sent: Tuesday,May 28,2013 1:43 PM To: 'jmrunions @comcast.net' Cc: Grant,Michele Subject: 554 Foster Street Attachments: 20130528120721960.pcif Dear Joanne, As we just spoke about,I have attached the letter recently received by the Health Department in regards to the septic system at 554 Foster Street.In addition,below is an excerpt from the BOH minutes in November.At this time the Health Department cannot sign off on the septic system at this site;as the location of the tank is five feet closer to the wetlands than approved by Health and Conservation.I understand Mr.Kellett is also in contact with the Conservation Department on the procedures regarding this error. It is unfortunate that he did not confirm the change with Mr.Dufresne prior to backfilling the tank;this is protocol and was verbally reasserted by Ms.Grant,in the field the day of the inspection.The Health Department has supported changing components for reasons such as eliminating bends in a line,but our regulation requires that installers confirm changes from the approved plan to avoid problems such as this.Our inspector told Mr.Kellett that this office had no issue with the change of tank location;as long as Mr.Dufresne was in favor of it.In speaking with Mr.Dufresne;he stated that he had no recollection of receiving that request from Mr.Kellett. The Board of Health approved the distance that Conservation approved;hence there will be no reason to attend a second BOH meeting assuming the Conservation Department comes to a resolution.if it involves moving the tank;we will be present to observe and inspect the work by the installer.Once Conservation makes a decision;our office will look again at the issuance of the health Dept.Certificate of Compliance. Thank you Susan Sawyer Motion:Mr.Pease motioned to grant an out of season variance to section 4.2 of the North Andover Subsurface Wastewater Disposal Regulations.Mr.Fixler seconded the motion.All were in favor.The second issue was a variance to the distance from a septic leaching area to the wetland.This matter will be before the NA Conservation Commission in early December.The next BOH meeting won't be until December 20th.At that meeting the BOH members could approve the variance.Dr.Trowbridge stated that since this is a completely failed system it is in the best interest to grant these variance requests now to allow the homeowner to move the installation forward faster. Motion:Mr.Fixler motioned to approve the waivers and local upgrades shown on the plan provided by Mr.Kellett,or t.ap,oi:dny change in distanoe to ihe wctVaiods w;approved by the NA Cb mervati in Commission,Mr.Pease seconded the motion and all were in favor. Susan Sawyer Public Health Director Town of North Andover 1600 Osgood Street Suite 2035 North Andover,MA 01845 Phone 978.688.9540 1 Fax 978,688,8476 Web 2 Sawyer,Susan From: Sawyer,Susan Sent: Tuesday,May 28,2013 3:27 PM To: 'Lois Christiansen' Cc: Blackburn,Lisa(LBlackburn @townofnorthandoveccom) Subject: 848johnson '.. Hi Lois, I would like to offer to not have another tree cut down,by asking if we can do two things via email Rather than printing out a new copy,could you put in writing answers to the following; Or request and give approval to change the plan I have.I will leave it to your discretion. Thank you Susan 1. Please reference the Lake Cochichewick watershed in the notes on sheet 1(NA 3.2). '.. 2. Please demonstrate that a conventional system in compliance with 310 CMR 15.000 can be built on the site in order to use the Infiltrator Chamber system according to Section 1(3)of the DEP General Use approval letter.An outline and brief description of a conventional system on the site plan is sufficient. 3. The design plan references two different Infiltrator Chamber models(High Capacity and Standard Low Profile).It appears the design is based on the Standard Low Profile model.Please modify the design accordingly to correct the discrepancy. 4. Please indicate if the existing garage adjacent to the leaching facility has a slab foundation.If so,it must be 10 feet away from the proposed leaching facility. Susan Sawyer Public Health Director Town of North Andover 1600 Osgood Street Suite 2035 North Andover,MA 01845 Phone 978.688.9540 Fax 978.688.8476 Email mallt:o:sawyer(v�U>wr,�ytOprthandover.wm .___.__...__..__.._hA Web www:1'ownoYN�.[(.I,tAndStyer_m_ G'L� 1 General Laws:CHAPTER 140,Section 51 Page 1 of 1 THC188 cnHnnn THE COMMONWEALTH OF IVYASSACHUSE'PCS n,,,on, no '. Meesechusetta LOwa Bills grate Bi P.tpli, Committees Etlucatee Engage Events maasachaeette Laws General Laws ... General Laws pawls (ef�pxesT x"'enaaugm aezy m'gESlcnervr Section Sv Facial antl scalp maewge;bath haucae 1 Section 51.(a)No person shall practice massage therapy unless licensed in accordance with sections 227 to 236,Inclusive,of chapter 112,except that a person 1e9istered as a barber or apprentice under section 87H or 871 of said chapter 112 or as a hairdresser,operator or student under sections 87T to 8731,Inclusive,of said chapter 112 may practice facial and scalp massaging without a Ilcense.Local boards of health may regulate other fields not licensed as massage therapy under slid sections 227 to 236,inclusive,of slid chapter 112. (b)No person shall establish businesses for vapor,poo[,shower or bath houses unless authorized by the board of health In the municipality where the establishment is to be operated.The board of health may grant the authorization upon such terms and conditions, and may make such rules and regulations In regard to the carrying ou of the oc,npcticb so licensed,as It considers proper and may revoke any authorization granted by It for such cause '.. as It considers sufficient,without a hearing.A person authorized to establish the giving of vapor,pool,shower or other baths In a municipality may,st the request of e physician,attend patients In another municipality without additional authorization from the other municipality. :. No massage therapist,whose Ilcense to practice massage therapy is revoked or suspended for more than 1 year with regard to Insurance claims,shall own,operate,practice In,or be employed by a massage therapy office,clinic,or other place cesignated for the practice of massage therapy,physical therapy or chiropractic. =Y eu ncc http://www.malegislature.gov/L.aws/GeneralLaws/Partl/l'it]eYX/Chapterl40/Section51 5/28/2013 North Andover Board of Health Meeting Minutes Thursday,November 15,2012 7:00 Pam 120 Main Street,2i"Floor Selectmen's Meeting Room North Andover,MA 01845 Present•.Thomas Trowbridge,Larry Fixler,Frank MacMillan(left meeting i t 7:58),Edwin Pease,Susan Sawyer,(Joseph McCarthy was not in attendance) 1. CALLTOORDER The meeting was called to order at 7:08 pm it. PLEDGE OF ALLEGIANCE Ill. PUBLIC HEARINGS IV. APPROVAL OF MINUTES Meeting minutes from October 25,of2012 were presented for signature.Motion was made by Di. MacMillan to approve the minutes,the motion was seconded by Mr.Fixicr,all were in favorand the minutes were approved. V. OLD BUSINESS VL NEW BUSINESS A.A request made by the owners of Van Otis for a variance to the State labeling requirements to allow holiday wrapped boxed chocolates to be placed for sale without external ingredient labels.Susan Sawyer pruwntod the background information regarding the request by Van Otis.She stated that Megan Baldwin,consultant for Public Protection Specialists,did her inspections to make sure the proper labeling requirements were on the products. Megan reported that she had observed holiday wrapped boxes available for purchase placed on the shelves without the ingredient and allergen information visible par state rules and regulations.These must have labels that give minimum requirements for labeling.Boxes don't need labels if they are behind the counter but when on the shelves out on the floor they do.Jack McCarthy,former owner of Van Otis and his daughter Ann Paul,current owner who runs the business,were present.Jack McCarthy approached the podium and gave a brief history on the business.The company currently sells one product only,which is a Swiss truffle in 9 different combinations.Mr.McCarthy presented two boxes of chocolates to be viewed by the Board.One box was unwrapped and the other box was wrapped with holiday pain.During the holidays,the boxes me gift wrapped in paper.Mr.McCarthy stated that there are signs on the shelves to indicate what type of chocolate is in the box.The consumer then brings the box of chocolate to the counter for purchase.The employee behind the counter checks the box and confirms with the consumer what type of chocolate they are purchasing.Mr.McCarthy stated that sixty to seventy percent oftheir business is done Rom Thanksgiving to Christmas.Many people buy the chocolates in bulk.Mr.Fixler asked Mr. McCarthy ifthey could store the wrapped boxes behind the counter.Mr.McCarthy stated that the store would need :-embee152012 Nortlr Andover Board of Health Mecting-Meeting Agenda Pagel of �Nrotc The Board of Healch reserves she right m aJceieenrs our atorder mid m d(scuss ancUm vore onitems chae arenot liseed on the agenda. Board of Healeh Members:Thomas Trowbridge DDS,MD,Chairman;Mx.Fixler,Member/Clerk;Fronds P MacMillan,Jr., M.D,;Joseph McCarthy,Member;Mr.Pease,Member Healrh�.Seuff:SUSan Sawyer,Health Director;Debra f Mahan,Public Health Nurse;Michele 6mnr,Public Health Inspecror;Lisa Naclrbveq Health DcpamnentAssisranc North Andover Board of Health Meeting Minutes Thursday,November M,2002 7:00 p.m. 120 Main Street,2"B Floor Selectmen's Meeting Room North Andover,MA 01845 to be changed around in order to keep the many boxes of the product behind the shelves.The way the store is set up now is very practical for the consumers who come in and would be an imposition to change the way things are done. Since the room is very small it would be an issue.Mi.Fixler stated that the allergen part is a real concern for the public.Di.MacMillan asked Mr.McCarthy if their boxes have stickers on them now.Mr.McCarthy stated that there are no stickers on the gift wrapped boxes.He did state that after the boxes are wrapped,employees handwrite letters on the side fthe box to indicate what type of boxed chocolates the consumer is purchasing.Dr.Trowbridge '.. stated that it is important for the consumer to know of any possible allergens in the In Dr.MacMillan asked if they could use is printed sticker listing possible allergens and affix it to the box.Since tape is used to gift wrap the box,why not use the sticker as the tape?Mr.McCarthy said that using stickers would be an added cost to the company.In order to give an exception to the regulation,Dr.MacMillan needs to know where the hardship is.I le doesn't see the hardship in using a sticker label instead of tape.Dr.Trowbridge pointed out that using the sticker label instead of the tape would also alleviate the process of hand labeling with a marker on the side of the box.Ann Paul approached the podium.Ms.Paul stated that since this is the busiest season,with most of the product needing to go out soon,could they possibly start the labeling process after the first of the year?Mr.Pease questioned the State labeling requirements and why would someone eat something not knowing what it is?Susan Sawyer stated the labeling is there so the consumer can see what they are buying.Dr.MacMillan stated he understood what Mr.Pease was saying but stated that it prevents allergic reactions lime happening.He also stated that the Board's role is notto change the law but to hear the request for relief finm a state regulation that already exists.Mr.Pease stated that if allergens are the concern then why not make a sticker that indicates the product may contain nuts and put it on the box.Mr.Fixler stated that basic allergens need to be listed not just nuts.Dr.MacMillan referred to the labeling guide for packaged foods and listed some offl e potential allergens.He stated that by keeping the product behind the counter an authoritative person would be there to answer basic questions regarding the product.Mr.McCarthy would like the thousands of bozos that are already wrapped to be sold without the labeling but after first of the year would add the labels to their product.Dr.MacMillan explained that this labeling law was put into effect in the year 2000.Mi.McCarthy asked why there wasn't a problem during the past years.Susan Sawyer explained that many of the inspections were In done in restaurants but now since selling premade products have come to light during the inspections,the Health Department needs to be equal across the board and notjust in restaurants to ascertain fall compliance.Mr.Fixler stated that food labeling is responsibility ofthe owner.Dr.Trowbridge asked again about the signs on the display shelves.Mr.McCarthy stated again that each display shelf is labeled with a sign,but there is not a label on the gift wrapped boxes.Dr.MacMillan asked Susan Sawyer how long ago this In was noticed Susan Sawyer stated that the inspection was done on October 12,2012.She then read the inspection report made by Megan Baldwin.The company was then re-inspected on November 2,2012 by Megan.Megan listed options that are given to the Van Otis Company to comply with the labeling requirements.Susan Sawyer read the options that wet c on the re-inspection sheet.Mr.Fixler asked Mr.McCarthy ifthey had an alternative plan.Mr.Fixler explained again the allergen concern.Mr.McCarthy stated that there are many boxes that are already wrapped and ready to go. The concern by the Board is not the boxes that are ready to be shipped,just the ones that will be sold in the store November152012 Nettle Andover Roatd of Health M- g-M-mg;AS-& page 2 cf4 Note:The Boned of Health eeac,—,chcright to rake item,out of order and to discuss and/orvnm on items[hatere nor I and on the agenda. Board of Health Members:Thomas 7tewhrldgv DDS,MD,Chairman;Mr.PLO,,Meinbex/Clerk;F—d,,R M,,i Mlll4q Jr, M.D;joseph McCaethy,k1—I-;Mr.Pease,Member Health Dune SCZff:Susan Sawyer,Health Director;Debra Rillahm,Public Health Nurse;Michele Gram,Public Health mspeeme;Lisa Blackburn,Health Dep,,--Aaststsnt North Andover Board of Health Meeting Minutes Thursday,November 15,;2012 7.00 p,at. 120 Main Street,2n°Floor Selectmen's Meeting Room North Andover,MA 01845 front.Dr.MacMillan said the boxes that are not labeled behind the counter are in compliance.Ann Paul staled that to reconfigure the store is overwhelming in order to put all the boxes behind the counter.Dr.MacMillan stated that he was having a hard time string the hardship.Ann Paul stated that they were there to see what the board can do. Mr.Fixler asked again if Van Otis would consider the sticker suggestion given to them by the Board.Dr. It owbridge stated he understood Mr.McCarthy's position but the law states that ifthe product is in the stare display '. ea,a label listing possible allergens need to be listed on the outside offl e box.Dr.MacMillan also gave a suggestion for a sticker to be put on at the point of sale as needed.The label can be any size and placed anywhere on the box,and the proper wording is in the regulation.Susan Sawyer asked the Board what time period would be reasonable for the company to comply. Motion was made by Dr.MacMillan for Van Otis to have ten business days to comply fully with labeling '.. requirements according to state regulation.Mr.Pease seconded the motion and all were in favor.(At this time Dr. MacMillan left the meeting.) B.Out of season permit for the installation of a new septic system at 554 Faster Street(owner Elizabeth Audrukaitis).Susan Sawyer gave information on the permitting season for septic installations.November 151b is the last day to apply for an installation and the installation needs to be completed by November 30th.The variance is there to protect the public.Susan Sawyer gave examples of what could happen to septic systems installed out of season due to snow etc.The Consumer is allowed go before the board to ask for a relief from this variance.Susan Sawyer stated that the original system inspection for this particular system was done on June 4,2012.The system failed and at that point an application for a soil tests was submitted on October 12,2012.The soil tests were complete however no plans have been submitted to the health Department.Susan Sawyer has not seen the plans and states that wetlands may be involved.The septic system is not at a point of installation yet and we don't know when it might be.Mr.Kellett,licensed installer me the town and Joanne Runions,who has power ofattorney for mom Elizabeth Audi ukaitis,were present.Joanne Runions approached the podium.She stated that the home needs to be sold and found that the septic needs to be ioplaeed.Susan Sawyer stated to the Board that a home can be sold with a failed septic system however the new homeowner would be responsible for replacing it.Joanne Runions said the plans were supposed to be delivered to the Health Dept.No plans were received yet.Mr.Fidler asked ifanyone would be living in the home in the winter?Joanne Runions stated that no one would be living there.Susan Sawyer stated that there are different types of septic failures.She read the Title 5 report fn the type of failure ofthis particular system had.Dr.Trowbridge asked Joanne Runions ifthe installer reviewed the installation timing process and if she understood the liability of installing a septic system in the winter.Joanne Runions stated that she understood.Mr.Kellett approached the podium to answer questions.Mr.Kellett stated that once ready to install the system,it would take about seven to ten days to install.Mi.Pease asked about the process for installing the system and Mr.Fixlee asked about the timeframe involved.Susan Sawyer gave a synopsis ofhow the installation process could ga.Mr.Kellett brought copies of the septic plans.Mr.Kellett says the plan shows that the septic installation November 152012 Ncrth Andover Rnord cf Hcalth Meeting—Meeting Agenda Page3 oE N.m The Boardcf Health reserves therightu cakeitem......order andmdiscuss and/or voce on ttems chat arc no[listed on the agenda Board cf Heelrh Members Thomas Trowbridge DDS,Mn,Chairman;Mr Aster,Memher/(led,Froueis P.MxrMdIeu Jr, M.D.josephM,I:arthy,Member;Mr,Pease Mcmber Health Denote men[Staff.Sm-Sawyer,HealthDi—Iou,Ed- R1]lahun,N1,11,Health Norse;Michele Grant Puhlic Health Inspector;Use Rluckburn,Hcalth Department Assiscanr North Andover Board of Health Meeting Minot e8 'N'hu,,,day,Novendrer 15,2012 7:00 imm 120 Main Street,2id Floor Selectmen's Meeting Room North Andover,MA 01845 will be sixty-three feet away from the wetlands.The plan was given to Susan Sawyer and Di.'Dowbridge to review. Mr.Kellett reviewed the plans with the Board. Motion:Mr.Pease motioned to grant an out of season variance to section 4.2 ofthe North Andover Subsurface Wastewater Disposal Regulations.Mr.Fixler seconded the motion.All were in favor.The second issue was a variance to the distance Stem a septic leaching area to the wetland.This matter will be before the NA '.. Conservation Commission in early December.The next BOH meeting won't be until December 20".At that meeting the B01 members could approve the variance.Dr.Trowbridge stated that since this is a completely failed '.. system it is in the best interest to grant these variance requests now to allow the homeowner to move the installation forward faster. Motion:Mi.Haler motioned to approve the waivers and local upgrades shown on the plan provided by Mi.Kellett,or to approve any change in distance to the wetlands as approved by the NA Conservation Commission. Mr.Pease seconded the motion and all were in favor. Va. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION A.Emergency preparedness and alerts.Dr.Trowbridge wants the public to know that there are training programs put in place and people at governmental levels to assist in emergencies and alerts.The EEMA webaite has links for training.Local emergency iexpense prep eedness information and training for North Andover is also provided through the tiro department,Board officalth,and police department.There is a very good team headed by Jeff Coco assisted by Conner and Jon Savasono.When there are warnings,the team goes into play.Dr.Trowbridge also stated that the Eagle Tribune links to national weather alerts.You can also get alerts on smart phones,through texts or emails.The Massachusetts Emergency Management Association is partnered with Ping 4 that will put out alerts that come from the National Weather Service.This is a good way for the public to be connected rather than just depending on the radio or television.Dr.Trowbridge wants the public to know that there are other ways to gain information to be prepared and be in the know.Susan Sawyer also stated that there is a town Fambook account and the NAPE,website Blackboard,where residents can sign up to receive text or telephone alerts. Via. CORRESPONDENCE/NEWSLETTERS �'.. IX. ADJOURNMENT X. MOTION was made by Mr.Pease to adjom a the meeting,Mr.Fixler seconded the motion,and all were in favor,The meeting was adjourned at 8:33 pm. Novcmherl520l2 Notdt Andover ttoardof Hczlth Meeting Meeting Agenda Page 4 of Note:The Board o[Henleh reECivcs the right w ralzetrems oue of order and m diECVSSand/or voce on i[ems char arc nee listed on the agenda. Board of Health Memhue:Thomas Trowbridge,DDS,MD,Chairman;Mx.Fixler,Memher/Cerk;Feands P_MncMillaa,J,, M.D.;Joseph McCarthy,Member;Mr.Pease,ldmbc, Health Denvtemen[SCafE Saran Sawyer,Health Director;Debra Rillzhm,Pubbc Heddr Nr c;Mlchdc Gant,Public Health Inspector;Lisvllecklar,Health Department Assis[ent