North Andover Board of Health
MEETING AGENDA
THURSDAY, April 17, 2008
7:00 p.m.
North Andover Town Hall
120 Main Street
2nd Floor Selectmen’s Meeting Room
North Andover, MA 01845
Present: Dr. Trowbridge; Dr. MacMillan; Larry Fixler; Michele Grant; Pamela DelleChiaie
The meeting was called to order at 7:03 p.m.
- Sam’s Mobil – Tobacco Violation
Mr. Ameen spoke re: Mr. Beauregard. If the court has the final say, then why are we here? It is not proper to hear this case again, as Mr. Beauregard made his case at court. Does the Board of Health really need to proceed? No one in his family smokes. He wants the Board to understand that we are all trying to live by the letter of the law. The court overturned the fine and the case.
The Board of Health has been unable to obtain a copy of the decision of the court, as the court has apparently misplaced it. Mr. Fixler stated that the court has the right to negate a non-criminal fine, and that is as far as the power goes. They do not have any jurisdiction to remove the penalty of possible suspension for any violations. Mr. Ameen states that his establishment has been checked nine times, and they were ticketed once. This should demonstrate their vigilance of following the regulations. They can’t always be responsible for what a clerk does if they have received all training.
Mr. Fixler spoke about the penalties of a suspension under the Board of Health rules. The tobacco laws a combination of state and local laws. Ron Beauregard spoke about laws. An individual Board of Health could implement an all identification policy, or any other age. He does now have a photo of the student. There is no double jeopardy. In general terms, the case load will show that if the adjudication is not of a criminal nature, it is okay to pursue a suspension. As an example, there was a case of a lobsterman who had possession of female lobsters. The division of fisheries issued a separate license, and implemented their own penalty. As the goal of the regulation was one of a broader purpose – to preserve the lobsters, it is not considered
criminal or double jeopardy. The second adjudication is one where it is acknowledged that the purpose of suspension is for public health, and not meant to be of a punitive nature.
Michael Hogan, Attorney, and resident of the Town, at 70 Parker Street, North Andover identified himself to speak. He represented Mr. Ameen at another hearing in the past. He noted to the Board of Health Massachusetts General Law which allows the authority to have an independent magistrate to listen to the opinion of both sides. The clerk can then issue a final disposition. He believes that the Board of Health would need to amend their bylaw to give them the authority to issue an administrative penalty.
Mr. Fixler refers to Massachusetts General Law. He states that the ruling of the clerk magistrate in no way means that other actions cannot take place. Mr. Beauregard spoke. The person that purchased cigarettes was 17 years of age. There was someone under the legal age that purchased cigarettes. It is a judgment call. It is required that anyone under the age of 27 must be identified. An affidavit was presented by Sam’s Mobil, to the clerk, and he signed it stating that he thought the minor was 27 years old. The clerk magistrate stated that he thought the minor employee looked his age.
Mr. Ameen spoke about the Board consulting with legal counsel to determine how to make the regulations clearer. Dr. Trowbridge tried consulting with Town Counsel, and he wanted to see the paperwork from court, which has been unavailable. Dr. Trowbridge is willing to put this issue on hold. Dr. Trowbridge states that he is not providing legal expertise, but he is not sure that he agrees with what the court is saying. The question is unclear about the fine, penalty, and suspension.
Motion
Mr. Fixler made a motion to continue this matter until the May 22nd Board of Health meeting, by which time a copy of the court order should be received. Dr. MacMillan seconded the motion.
In addition, Dr. Trowbridge states that this is a hearing regarding a suspension. The Board of Health will make a decision on this particular violation. The tobacco regulation will not be changed next month.
- Meeting Minutes from March 27, 2008 - changes need to be made on page one. Make changes and reprint. Approved as noted.
- Executive Session Minutes from February 28, 2008 - approved and signed.
- Meeting Minutes from March 25, 2008 - approved and signed.
- Update on the TBI Process and copy of Draft Permit and ATC (Authorization to Construct) from DEP
Dr. Trowbridge stated that there is a limited time for public comment. This document was forwarded to the Town Manager, and the Board of Selectmen will be reviewing it. If the Board has comments, they should forward them to Dr. Trowbridge. Comments can be made and submitted at the next meeting. The CD is the initial application. DEP reviewed this and sent back comments. This is now the draft final approval. North Andover does not issue a foundation permit. Once they have the foundation built, work cannot progress until this is finalized. We are also waiting for a final approval letter from Mass Highway. Dr. Trowbridge needs to see this when it comes in.
- Butcher Boy – Proposal to construct 800 square foot outside refrigerated storage cooler
Attorney Robert Levy was present to represent Butcher Boy. Present for the meeting were: Al, Tom, and Ken Yameen. Attorney Levy spoke with Ms. Sawyer and she suggested that they come before the Board of Health. Butcher Boy wants to install a walk in cooler of 794 square feet adjacent to their present facility. This is for long term storage of their goods. This storage will contain all boxed and sealed meats, ham and cheeses. The reason for this is that the business has grown, and they need more storage. There were trailers previously that have been removed, and they are looking for a permanent storage issue. The plan before the Board is dated March 25th, and shows the proposed storage facility and also where the compressor for that facility would
be located on the roof. Both are labeled and identified. The proposed storage cooler is to the rear right of the building. The cooler will be monitored 24 hours a day with an alarm system inside the deli counter, and an audible alarm if the temperature increases. The specifications for the cooler are used by many food establishments. The structure will be built on-site and placed on a concrete pad. The rear of the plan shows steel container type structures, for non-food items such as paper bags, etc. One of the containers is 8’x40’, and one is 8’x20’ feet. The request letter refers to the cooler, but not the dry storage. We don’t have the specifications on any other items except for the cooler. The closest abutter, Mr. Ragonese is in full support of the proposed plan. A letter was submitted with his signature stating this. The diagram shows the cooler being separated from the
building. It cannot be a walk through from the main facility to the cooler, as there needs to be a three foot clearance between the building and the cooler area per Fire Department regulations.
Mr. Fixler asked Ms. Grant about going from the cooler, to the outside and back of the building. Ms. Grant states that there is a chance that someone could fall with the food. What would be the foot path? There is one door, 30 feet away, and one door 40 feet away. Has there been a tunnel considered? No, there is no space for this. The food items would be transported via a dolly or a forklift. The doorway is 5’x7’. The pallet is 4’ wide. A normal door is 3’. The doorway access is off of a concrete pad which is off a ramp. There will be pallets and shelving. Average access to the cooler would be two to three times per day. The cooler is locked, and alarmed.
Dr. Trowbridge states that the size of the cooler is larger than the two trailers. He asked if this will be enough room for all future storage. Mr. Yameen stated that in the event that they have a need for additional storage, they would come back to the Board. They think that this solution will be satisfactory for the next 5-10 years. If they find that they need a trailer for extra storage at Christmas, they will come before the Board of Health at that time.
Mr. Fixler asked about other Board approvals. Mr. Yameen stated that they need approval from Zoning, and Conservation. Dr. Trowbridge asked about a building plan. Mr. Yameen stated that this would be done by a surveyor with all the setbacks. An engineer looked at this, and agreed that it is possible. Mr. Fixler asked about the noise decibel level. The unit is 90 decibels and it drops to 75 decibels at 10 feet away, and then for every 10 feet after, it goes down to 10 more decibels. The cooler is located 70-80 feet from the rear of the building. The depth of the building is approximately 120 feet from the front to the back.
Dr. Trowbridge notes that the Board can accept the plan with two conditions: the possibility of a protected walk-way and a need for temporary storage will be addressed to Susan. Is there an allowed time to have a truck on the premises? Ms. Grant thinks it would be from Thanksgiving to Christmas. The request would most likely be longer than 72 hours. Butcher Boy affirms that they would specify certain dates in and out.
Ms. Grant asked the question about the possibility of moving into the location next door, taking space from locations that are up for lease. The Lobster Tail is right next to Butcher Boy, so it is not possible to cut into their space. Lobster Tail benefits on the crowd coming in to Butcher Boy, as they service 8-10 thousand people per week.
Mr. Fixler asked about putting something in the plan about insulation to cut down on sound. Mr. Yameen stated the cost of this would be an additional $1,000 to $1,500.
Motion
Dr. MacMillan would like to make a motion to accept the plan as demonstrated. This includes the cold storage unit. Mr. Fixler seconded the motion. All were in favor.
- Eileen McCarter – Body Art Practitioner Applicant
Ms. Grant states that Ms. McCarter is applying for a Body Art Practitioner permit. All her credentials are in order unless the Board finds something to speak to. Ms. Grant states that there was a Body Art person who came before the Board who had certification that was not legitimate. This presentation is merely for an application, but because this is a newer type of permit, the Board of Health had requested to review applications as they become available. The Body Art Establishment is at 200 Sutton Street, and is called Diana Permanent Makeup. There are individual rooms within this establishment which the practitioners work in. It is basically cosmetic tattooing. There is another Body Art Practitioner who works with people who need reconstructive tattooing.
She offers cosmetic tattooing for problems such as covering scars and, stretch marks.
Dr. Trowbridge noted the locations of various courses. Ms. McCarter took part in a side course from Diana to supplement her training. A lot of Body Art Practitioner qualifications, fall under the aestheticians license for which the Body Art requires. Dr. Trowbridge asked how services would be advertised. She presented some ideas, such as brochures, and provided a sample to view. There is a pre-consent form that is signed as well. Ms. McCarter prefers to refer to the service as permanent makeup or correctional makeup. Diana has been in business for 7 years. There was a question about topical anesthetic. A 10 percent solution of Lydacain is used for the topical anesthetic.
Ms. Grant notes that the Health Department requires other things, such as good record keeping, so that no one under 18 years comes in. The practitioners need MSDS sheets, binders of information, etc. This is prior to obtaining the permit. She will inspect the facility, and the practitioners will have all of their paperwork in order at the time of the inspection. Ms. Grant will call each applicant to setup a time to review their workspace.
- Lynn Le – Body Art Practitioner Applicant
Ms. Le also applied for a permit as a Body Art Practitioner. She spoke in conjunction with Ms. McCarter. All items spoken about apply to her as well.
- 503 aka Lot 2 Forest Street – Paul Plisinski – Variance/Waiver Septic System Design
The content of the letters and plan were discussed. The engineer needs to request any variances on the plan. The Board cannot approve the plan at this point. The Board can only approve the variance. Dr. Trowbridge asked about the indication of deep holes that were done in 2001. The elongated ones are deep holes. The circles are test pits. This was a 5 acre lot, and subdivided. One goes down 10 feet with a deep hole. There was one done in 2001, but not viewed by the Health Department. An additional test in 2006 was done by the engineer with no observation by the Health Department. The Board of Health wants to see a deep hole at the time of construction to be sure that the soil has not been disturbed. Mr. Plisinski states that the
house would have already been built, but was held up in Conservation. Mr. Plisinski asked to reduce the fee to cover the time of the Health Inspector coming out to inspect which may take 2- 4 hours of observation.
Motion
Mr. Fixler made a motion to grant a waiver for the septic system design and accept the deep hole testing. There will be a requirement for an additional deep hole to be dug during excavation of the Bottom of Bed. The fee for the deep hole observation will be $100. Dr. MacMillan seconded the motion. All were in favor.
- COMMUNICATIONS, ANNOUNCEMENTS, AND DISCUSSION
The nurse would like to defer this issue until next month, as she will be here to discuss some other ideas. We currently have 20 doses of the Shingles Vaccine left. Dr. Trowbridge asked the Board to consider other programs that the money could be used for. For the vaccine, there were articles in the paper, and it was advertised on the website. Mr. Fixler would like to see more t.v. programs, such as child development, or things about Lyme disease, etc. on the public access cable channel.
Dr. Trowbridge mentioned a newsletter that goes out with property taxes. We could have Anne Brennan work with Ms. Rillahan on creating newsletters or mailers that could go out to residents. We could send something out in the July as a quarterly newsletter addressing such things as Lyme Disease and mosquito-borne illnesses.
VII CORRESPONDENCE/NEWSLETTERS
- MVPC Newsletter
- NALBOH Magazine
The meeting was adjourned at 9:25 p.m.
Prepared by:
Pamela DelleChiaie
Administrative Secretary
Approved by:
_____________________________________________
Larry Fixler
Clerk of the Board
| 
