North Andover Board of Health
MEETING AGENDA
Wednesday, June 25, 2008
7:00 p.m.
North Andover Senior Center
120R Main Street
North Andover, MA 01845
Present: Thomas Trowbridge, Francis MacMillan, Jr., Larry Fixler, Anne Brennan, Susan Sawyer, Michele Grant, Debra Rillahan, Pamela DelleChiaie
The meeting was called to order at 7:12 p.m.
Jon Whyman – Septic Installer – Consideration of Revocation of Septic License
There was a Motion to open a public hearing at 7:12 p.m. by Dr. Trowbridge. The Motion was seconded by Dr. MacMillan. Ms. Sawyer provided a summary of the issues that brought this item to the agenda. Last month, the Health Department requested that Mr. Whyman appear before the Board of Health to consider a revocation of his license. The most recent installation job at 755 Winter Street was done improperly, requiring a re-design of the plan. The septic tank and field were moved without prior approval from the engineer or the Health Department. The old system was not proven to be abandoned properly. There have been additional inspections, including the Final Grade. There was a letter sent out on June 16th, 2008, outlining these concerns. The soil was not
compacted. Pictures were taken. There were sticks, and stones, and the area in the watershed was not graded. If it rains and ponds, this causes a problem. Normally, no final grade elevations are taken, but Mrs. Sawyer was unable to measure the breakout. The possible breakout was not met. A final grade elevation measurement will need to be done. Over the tank there are two 24 inch manholes per plan. There was one 20 inch filter. If unable to get to filter, it is unable to be cleaned. Also, there is a requirement by the engineer for a manhole over the distribution box. Even after verbal and written notice was given that this license was under consideration for revocation, this work was completed in an improper manner. Recently, there has been a lot of action at the site, and it looks a lot better per Ms. Grant’s inspection. The property was graded this past weekend; however, it still needs to be
seeded.
Mr. Fixler stated that he toured the site. There were discrepancies between the plan and what was actually on-site. Mr. Whyman spoke in defense of himself. He stated that the homeowner requested that only one manhole be visible. They were covered with a skim coat of loam. There are three manholes currently at the site. There are two by the tank, and the third cover has been raised up. There are only two manholes visible. The third manhole is covered. Ms. Grant asked some questions about the manholes, and their locations. Mr. Whyman stated that in his opinion, there was a flaw in the design, and the plumbing was in conflict, which created an obstruction to the bulkhead.
Ms. Grant explained to the Board of Health what the Bottom of the Bed Inspection entails. It is placed on the plan, and the installer is obligated to follow the engineering plan. It is similar to a building following a designers plan on a house. The inspector confirms its’ distance, size, corner of the house, benchmarks. From the corner of the house, Jon had taken the tape measure out to the perc test area. She asked Jon to move over to the corner where the engineer placed the stakes, and Ms. Grant measures the distances. Mr. Whyman brought it out to a fourth of the Bottom of Bed. The system was off by 20 feet. The closest point of the Bottom of Bed was supposed to be 20 feet further back into the wooded area. Those trees were supposed to have been removed.
Ms. Grant stated that it was now 20 feet closer to the tank. He explained that he would move the tank around the side of the house and put a couple of elbows in, which is not a good idea, because they get clogged. Ms. Grant stated that this is a huge engineering change, and engineer needs to be involved. Mr. Whyman stated that he told Mr. Serwatka about it. However, nothing was submitted to the Health Department for review, and no phone call had been received. Any changes in the field, require that all field work stops, plan is revised, re-reviewed, re-issued, and given back to the installer. Ms. Sawyer states that never, in 14 years, has an engineer changed the field area on their own without consulting the engineer.
Mr. Serwatka spoke. The plan was drawn and approved. While in the field, he stated that Mr. Whyman made some valuation judgements to save the homeowner some money. Mr. Whyman called him, and stated that he laid the system out, and did not want to take the pine trees out. He also wanted to move the tank around the house. He went out and looked at where he proposed to put it. This required moving the field 10 or 15 feet closer to the house. Ms. Sawyer asked if when he went out to the site, was the Bottom of Bed visible? Yes. He acknowledged that Mr. Whyman does take liberties to try to save the homeowner some money. Dr. Trowbridge stated that because this has happened several times over the years, it has now become a problem. The liberty was taken before the
before changes were approved.
Ms. Sawyer quoted regulation section 3.05 of the septic regulations, regarding changes in field conditions. The installers are aware of this, and know what the protocol should be.
Dr. MacMillan asked if the engineer does a walk through of the site before the plan is designed. He noted the location of the large pine trees.
Mr. Fixler questioned the protocol of the design by the engineer. What would normally happen if someone asked to move a couple of trees? Would this need to be approved by the Health Department? Mr. Serwatka stated that it is Town specific.
If the tank and field location are changed, the elevations can change, which can change the needs of how the distribution box is setup. Ms. Grant states that a lot of it has to do with the elevations, and where things are placed.
Dr. MacMillan asked what kinds of liberties do not cause ire. Ms. Grant stated it is not just a foot off, but 20 feet off. There was anticipation of having an overdig.
At another site, the engineer indicated on the design that he wanted a 10 foot overdig on two sides. He looked at the site, and before he cut the trees came down, he asked, do I really need to take these down? The engineer indicated that on one side, it was no problem, but on the other, the trees needed to be kept. The Health Department has an obligation to follow the design.
A system should not fail 4-5 years down the road. The system should last a very long time. The Board of Health has an obligation to protect the current and future homeowners.
Dr. Trowbridge asked about the bed and the box. The installer made a value judgement to move the field and the box.
Shep Bingham, attorney, has represented Jon Whyman for a number of years. There are a couple of things that are evident. He asked for an original plan, and the revised plan. Ms. Sawyer states that the violation in question is: “did Mr. Whyman follow the rule about changing the plans?” It has nothing to do with putting the leaching bed over the test holes. Mr. Bingham stated that Mr. Whyman did not see this as a major issue. He does not see it as a significant deviation to the original plan. The BOH members again stated that this is not the issue. Attorney Bingham is not an engineer. He can only speak to the law.
Additional discussion ensued going over the issues of technical differences, and reasons for violations.
Mr. Fixler asked if Mr. Whyman had anything else to say in his defense. Mr. Whyman stated that he has done about a dozen systems throughout the years here in North Andover. He tried to do the best job he possibly could. North Andover is more strict with measurements. Ms. Brennan questioned Mr. Whyman about his reasonings.
Mr. Fixler brought up the probation issue in 2002. Mr. Whyman stated that there was a time constraint, as the house was being sold, and was under agreement.
Roberta Gilmore, homeowner of 755 Winter Street spoke. She does not have a problem with Mr. Whyman, and the area where the trees are located is not an issue with her. There are nothing but ticks there. Mr. Whyman has been fair with her, and has saved her a significant amount of money.
Ms. Brennan quoted a letter that was sent to Mr. Whyman in 2002 regarding his probationary status. If any work is done in the future that does not follow an approved engineering plan, his license will be revoked.
Motion
A motion was made by Dr. MacMillan to close the testimony. The motion was seconded by Dr. Trowbridge. All were in favor.
Motion
A motion was made by Dr. MacMillan to state there have been multiple violations since 2002 made by septic installer, Mr. Whyman. Motion was seconded by Dr. Trowbridge. All were in favor.
Dr. Trowbridge offered options for possible lengths of revocation.
Motion
A motion was made by Dr. MacMillan that the current license is revoked after the issue of Certificate of Complaince for 755 Winter Street. Dr. Fixler seconded the motion. All were in favor.
Motion
Dr. MacMillan made a motion to prohibit a renewal application for a period of five (5) years. The motion was seconded by Mr. Fixler. All were in favor.
Note: Mr. Whyman would be under obligation to re-take the Septic Installer test before a license will be issued in the future.
- 69 Oakes Drive – Request for variances from Ben Osgood of New England Engineering:
1.
- NA section 5.02 – to reduce the offset distance between the leach area and a wetland from 100 feet to 53 feet.
- NA section 5.02 – to reduce the offset distance between the pump chamber and a wetlands from 75 feet to 48 feet
- NA section 7.05 – to allow the use of test pits conducted more than 2 years from plan submission date.
2. Title 5 Variance – section 15.227 (5) – to allow septic tank to be designed with inverts located below the estimated seasonal high ground water elevation.
The reason for this is that the plumbing is under groundwater. Not subject to this requirement previously. They can specify tar coated tanks. They can add requirement that tanks be vacuum tested to be sure that there are no leaks. Discussion ensued. The water may not come up to the soil models, but he has to follow the standard.
Motion
Mr. Fixler made a motion to accept the variance request in item 2 for the Title 5 Variance. Motion was seconded by Dr. MacMillan. All were in favor.
- 502 Winter Street – Lot 3A – new construction of single family home – Local Health Bylaw variance request.
- Section 5.02 to reduce the distance between a wetland and the leaching facility from 100 feet to 71 feet.
- Section 9.01 to reduce the required 900 sq. ft. minimum leaching bed size to 513 square feet.
John Barrows of Marchionda Associates was present to speak. The current design was submitted as a re-design of a plan done in 2005. At the time, it was a conventional bed system. The wetland was 66 feet, and they wanted to use the deep hole test pits. They also received a letter addressing about a dozen deficiencies in the plan. A possible change was to propose an Eljien Geofilter Tech system. They are now requesting to move the system 71 feet from the wetland, as opposed to 100 feet. This allows a decrease to the size of the leaching system. The system is designed to meet the criteria. Additional testing was done in the reserve and primary areas. These testings were reviewed by Mill River. Ms. Sawyer is satisfied with the findings as well.
Ms. Sawyer states that there is one other system in Town that has this particular system. It looks like a haybale made of plastic. It is a surface area phenomenon. The 513 square feet is considered to be sufficient treatment. It is a gravity fed system. There will be a d-box inspection, and will run water to see water to the inspection port and observe any drainage issues.
Mr. Fixler asked about the handling of solids. This will be handled by the tank. The sand filters will provide more air. There is sand 6 inches around. The product works with columns. There is a two stage treatment and the specific sand that is required. It allows for better treatment due to the coarser gravel.
This site has an Order of Conditions through Conservation. A discussion ensued about the generalities of the plan design.
Motion
A motion was made by Ms. Brennan to accept the variances as:
i. Section 5.02 to reduce the distance between a wetland and the leaching facility from 100 feet to 71 feet.
ii. Section 9.01 to reduce the required 900 sq. ft. minimum leaching bed size to 513 square feet due to the use of the Eljien system.
Dr. MacMillan seconded the motion. All were in favor.
- Trucking Regulations – Discussion and Recommendations
Dr. Trowbridge provided an overview of his discussion with Mr. McCarthy regarding changes to the regulations. The need for a change in the regulation has to do with the flow of traffic and TBI. The suggestion was to make some small changes, and then move forward to reworking the complete regulation.
- Meeting Minutes from April 17, 2008 to be presented for approval
- Meeting Minutes from May 22, 2008 to be presented for approval
Motion
A motion was made by Dr. MacMillan and seconded by Mr. Fixler to accept the minutes as presented for April and May 2008. All were in favor.
- Outdoor Wood fired boilers – discussion of letter sent from DEP. Some revisions were made to the regulations and two original revised copies were signed. An original copy will be sent on to DEP for final approval. Section 5F was removed, and the penalties section was revised.
A. Minimum Standards of Human Habitation –
Ms. Sawyer provided a brief overview of the housing code, and what the Health Department does regarding the complaint process. A pre-rental housing permit program is being developed. The Town of Merrimac setup a revolving fund. Fees go into this, and it pays for the program. . Boston ‘s Inspectional Services has a Rental Inspection Program and all members received the handout describing the program benefits.It is worthwhile to have an educated landlord and tenant. The Lead Law is very serious, and Landlords are liable for a lifetime if a child is exposed to lead in their property.
We could discuss how the program would be handled, such as moving internal positions around and utilizing the part time health nurse, or having the food inspectors take over all food inspections, and have the Health Inspector handle the housing program. There is approximately 20% rental in North Andover. It was discussed how to handle large housing complexes, such as Royal Crest.
Ms. Sawyer asked for feedback from the Board of Health in terms of what their opinions are. The Board of Health members are all in favor and support of the Health Department implementing a program. Ms. Sawyer will send the Board members a draft copy of her proposal.
- COMMUNICATIONS, ANNOUNCEMENTS, AND DISCUSSION
- Update on New North Andover Sharps Disposal Program
There will be a story in the Boston Globe on Sunday about this program. The sharps collection box has been open at CVS on Main Street for 10 days, and the box is almost full. There have been 100 free boxes given out in the state. There was a front page article in the Eagle Tribune recently, as well.
Wheelabrator is paying for the disposal. Medical Waste Disposal Corporation is actually disposing of the medical waste. North Andover is the model, and if it goes well, it will be corporate wide. Dr. Trowbridge suggests letting residents know to talk to their pharmacists if they want locations in other stores. We want to add some promotional literature on the side. There has been no negative feedback at all. As long as the program is funded by generous contributors, the program will be a success.
- Update on the TBI Process
Dr. Trowbridge noted that the permit specifies that it outlines the soil boring for the design of the foundation. This is in preparation for signal light at the intersection. Ms. Sawyer states that the soil boring was done a couple of weeks ago. The approval will follow from those results. Dr. MacMillan asked about foundation work. There will be a permit application for the septic system coming in soon.
Dr. Trowbridge made a suggestion to not have an August meeting based on past history of this being a slow month. Keep the meeting, and if nothing one week prior, meeting can be cancelled.
Dr. Trowbridge asked if there are any updates. Not at this time.
E. The newsletter was brought up. There will be some Health updates in the next tax newsletter.
The meeting was adjourned at 10:15p.m.
Prepared by:
Pamela DelleChiaie
Administrative Secretary
Approved by:
_____________________________________________
Larry Fixler
Clerk of the Board
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