North Andover Board of Health
MEETING MINUTES
THURSDAY, September 18, 2008
7:00 p.m.
North Andover Town Hall
Selectmen’s Meeting Room, 2nd Floor
120 Main Street
North Andover, MA 01845
Present: Tom Trowbridge, Frank MacMillan, Jr., Larry Fixler, Anne Brennan, Susan Sawyer, Michele Grant, Debra Rillahan; Pamela DelleChiaie
- CALL TO ORDER
- PUBLIC HEARINGS (7:15 p.m.)
- Outdoor Wood Burning Furnaces/Boilers – Modifications to regulations – Section 5F and Penalty Section.
The modifications were approved without issue, and will be sent to DEP for finalization.
- Meeting Minutes from June 26, 2008 to be presented for signature
The minutes were signed and approved by all.
- Meeting Minutes from July 24, 2008 to be presented for signature
The minutes were signed and approved by all.
- TBI Updates from Dr. Trowbridge
Dr. Trowbridge stated that the Board of Health gives the final permission to issue a license to operate TBI. We have the right to hold the permit until all mandates are completed. There is a permit to construct, and a permit to operate. Both permits are issued from the State. When the ATC is issued, there is a list of things to be done before being allowed to operate. Ms. Sawyer stated that the Selectmen asked – they are getting a pole for the electric. Ben Osgood, Jr. is installing the septic system.
- NEW BUSINESS
- NEW BUSINESS
- 99 Marian Drive - request of Ben Osgood, New England Engineering for Local Health Bylaw Variance Request:
- Allow the use of an impervious barrier and boulder retainngretaining wall for slope reduction in lieu of a poured concrete wall. (NA 9.02). (Note: Plan approval pending granting of this variance).
Mr. Osgood presented to the Board. Soil testing in the front of the house was completed. The plan meets all the local bylaws. They system must be raised and there will be a two foot high wall. They are proposing a dry set stone wall along the property line. They plan to use some of the boulders found when they dig. The wall is 15 feet away from the system. The purpose of the wall is to hold back the soil. The distance negates any fear of collapsing.
Ms. Stated that Mill River did not have anything against this fence. Mr. Fixler asked what is the harm if they built stone vs. boulder or concrete wall? What is the jeopardy to the environment using different types of walls? Mr. Osgood stated that if it were a 10 foot boulder wall, it would come down. This is less than two feet, and not much of a risk. Soil will be built up to a certain level on it.
Ms. Sawyer was concerned that a swale may be needed. Where does the runoff go? Mr. Osgood stated that it runs to the front corner, and back half of the system, and then runs down the back of the yard. Certain walls are built based on the integrity of the soil and surrounding property. Mr. Osgood stated that the boulder wall is okay if the height is a two to four foot wall. Anything above that would require segmental blocks or poured concrete.
Dr. Trowbridge asked about the presented layout and alternatives and required grading. Why have a wall at all and grade the soil to slope it completely? Mr. Osgood stated that there is a requirement of a 3:1 slope. This is not allowed to be changed per Title 5. Dr. Trowbridge stated that the field could be moved over to slope. Mr. Osgood stated that the reason to not do that is that the water table goes uphill. He wanted to keep the system as a gravity system. The pipe is elevation is 1.06, so if the system were moved, they would have to move the pipe, and they have to be able to run pipes into the basement. If moved up, it is more difficult, and a pump would need to be added. Also, by keeping the natural gravity system, it keeps the cost lower for
the homeowner. This is the easiest type of system to maintain, and the least expensive to build.
Ms. Sawyer states that the new invert is at 1.02. Ms. Osgood states that the plumbing comes out in the back, and the inside would need to be re-plumbed. This is the best setup for the plumbing because of the constraints of the inside of the home, specifically the furnace and beam. Mr. Osgood states that there is a water table four feet down. The water table follows the slope of the ground. The wall will be a dry set wall of boulders. There is a test pit in the back, but, there are wetlands down in the back. Also it is closer to 100 feet from the wetlands, so the system would not have been in the backyard.
Motion
A motion was made by Mr. Fixler and seconded by Dr. MacMillan to:
Allow the use of an impervious barrier and boulder retainngretaining wall for slope reduction in lieu of a poured concrete wall. (NA 9.02). (Note: Plan approval pending granting of this variance). All were in favor.
- 461 Summer Street – request of Greg Saab of ESS Engineering:
- Local Upgrade Approval request in accordance with 15.102(2) for one deep hole in the primary soil absorption system.
- Local Bylaw Variance request - due to cost of a poured concrete retaining wall, a proposal is being made for an interlocking block wall. (NA9.02)
Mr. Ed Radcliffe was present in lieu of Mr. Greg Saab due to a scheduling conflict. There is a brick patio by the front entrance way which would be difficult to relocate. Ms. Sawyer asked what is to the left of the brick patio to preclude coming out that way. She understands that it is a finished basement, and to reroute the plumbing would be difficult and expensive, and they want the plumbing to come out through that corner. To get the slopes of the pipes would ruin finished basement. They can run pipes from the garage side to that corner based on conversations with Jim Kellett and Greg Saab. They need either to relocate it or request the local upgrade. Risk wise, one would have to have a back flow from town sewer, a breach in the building sewer, and some type
of problem with water line. Ms. Sawyer spoke with Tim Willett as well. They do want the 10 feet setback, but there are currently homes in Town closer than 10 feet. They will try to fully comply, but if the reasoning is fine with the Board of Health, they have a right to do that. The fact that he chose to go under a walkway, we can assume there must have been a reason. Ms. Sawyer can sign off on the Local Upgrade. The building of the site cannot go to the right because of gas lines.
Due to tightness of the site, the requests look reasonable. The gas lines are of concern, as fill and heavy equipment will be around. The gas lines are at least 4 feet down. Dig safe will outline where the lines are. It is the responsibility of the contractor to maintain the proper conditions.
Motion
Ms. Sawyer recommends this request. Dr. MacMillan made a motion to approve the Local Upgrade Approval request in accordance with 15.102(2) for one deep hole in the primary soil absorption system. The motion was seconded by Mr. Fixler. All were in favor.
Motion
A discussion ensued regaring an interlocking block wall in lieu of a poured concrete wall. Under four (4) feet in height is considered structurally sound. A motion was made by Mr. Fixler, to allow the Local Bylaw Variance request - due to cost of a poured concrete retaining wall, a proposal is being made for an interlocking block wall (NA9.02). The motion was seconded by Dr. MacMillan. All were in favor.
A discussion ensued regarding the setback distance between the building sewer and the water line. The engineer, Mr. Greg Saab, needs to submit reasoning for the request.
- 1503 Osgood Street - Request of Chris Adams, owner of property to discuss removal of use restrictions for this commercial property (Jimmy’s Pizza Building)
Chris Adams, trustee of 1591 Osgood Street, Nominee Trust spoke on his own behalf. He brought a letter to present to the Board of Health members, which was distributed at the meeting. Mr. Adam read from a portion of the letter to begin stating his position regarding his request.
Mr. Adams requested a removal of a restriction. Mr. Adams described, in depth, conditions at the site over the past many years. He noted that there was a Kravens Bakery at the site many years back. Without Town sewage, there is a problem. He is under the impression that by the year 2010 there will be sewer on this street per Lincoln Daley, the previous Town Planner.
Mr. Adams spent $24,000 on a new grease trap, and other work at this site. He closed the miniature golf area seven years ago. Then, health problems prevented anything from happening. On July 23, 1998, he was represented by Attorneys Rossi and Phalen. The Board of Health took several actions. It was ordered that a monitoring well be installed, a grease trap, and restrict the space to particular usage.
Ms. Sawyer asked about the lack of monitoring well reports over the last 10 years. These reports are used to determine the water table.
Mr. Fixler asked Mr. Adams why he was not aware of the Board of Health order. There was an attorney and an engineer representing him. Mr. Fixler asked if Mr. Adams understood why there were restrictions placed on this property.
Mr. Adams again gave additional details from his point of view over the last 10 years. It was determined that there was no grease trap on the site by the Board of Health. There were a number of negotiations. Mr. Adams did not have the money, and the septic system is located under the miniature golf. Rather than to order a sewer tie-in 1998, there were restrictions put into place for the septic system. The system is now 10 years older. Comments were read from pumping records. There is a 1500 gallon tank, and it was noted that 2,000 gallons were pumped had been pumped which indicates runback from the system. Four pumpings in a year is considered an automatic failure per Title 5. The system as it is, is hanging by a thread.
Dr. Trowbridge stated to Mr. Adams that Mr. Adams was given instruction 10 years ago on what to do. Mr. Adams stated that he was under the impression that he put a whole new system in at the time of the grease trap installation. The miniature golf course is above the leaching field. Ms. Sawyer stated that he could have replaced the system and had two tenants. Mr. Adams is looking forward to new town sewage. It has cost him over $116,000. There is nothing to document that definitely in 1.5 years there will be Town sewage available. There is no formal statement to the Board of Health documenting this.
The question was posed as to whether the Board of Health can lift the restriction and add additional users to the system. The system would most likely fail Title 5 at this point, especially with greater capacity. The items that were mandated to be done in 1998 have not been completed as requested.
Dr. Trowbridge is looking for documentation of monitoring wells and some up to date proof that this is reasonable. Mr. Adams referred again to the former bakery, and is sure that they added a tank.
Dr. MacMillan stated that there is simply no data to overturn the decision and consider the request. There is some hearsay, and things that were stated to be done, and were not done. There needs to be time to produce some data. The Board of Health does not wish to increase the burden on Mr. Adams, but there is no documentation to review and make a proper decision.
Motion
Dr. MacMillan made a motion to take no action until Mr. Adams can produce data that the Health Department requires. Ms. Brennan seconded the motion. All were in favor.
- COMMUNICATIONS, ANNOUNCEMENTS, AND DISCUSSION
- Rental Housing Proposal – Status Report
Mr. Fixler commented that he read the Merrimac Information. An overview of the program was provided by Ms. Sawyer. Landlords are not paying attention to their properties. The Police Department has an interest in this. Dr. Trowbridge asked about why there is not more involvement from the Fire Department. Ms. Sawyer had a meeting with the Town Manager. It was discussed that there should be an educational session so that all the landlords can be engaged – thereby reaching out to realtors, and multi family units.
There was discussion over the education of tenants and landlords and the regulatory possibilities. Ms. Rillahan stated that with recreational camps, we have everyone come, and give information, and what they need to know, so when they come, they are prepared. Dr. Trowbridge states that we have to combine two ideas, and foster public relations as to what would be a motivation for them to come. Perhaps volunteers could be assembled to help with a draft.
Ms. Sawyer states that the housing regulation is not a done deal. Dr. Trowbridge sees this issue as two separate entities – education and discussion of regulations. If there is a forum put out as an educational forum, the typical landlord may feel that he already knows everything he needs to know, and does not have an incentive to attend any forums. Ms. Rillahan asked if we need their input. Ms. Sawyer wants to garner the support of the landlords, and not shock the landlord community. There will be hearings. Anything that we expect, they should already be doing.
Dr. MacMillan states that they may be ignorant of some of the regulations. Dr. Trowbridge noted that landlords will follow the code. There will be fines and fees for large complexes, Boston Model, or other Town model. Dr. Trowbridge looked at the Boston Regulations. Neither one talks about checklists or reports. They speak to verifying compliance. Now, one can go to Boston online, and see the inspection reports. Are these reports made available to tenants? Ms. Sawyer states that many tenants do not know their rights. Ms. Rillahan asks if we are going to have 1,000 small files? Dr. Trowbridge addressed the issue of landlords requesting variances. He thinks that if there is a minimum that cannot be met, they will not be allowed to rent. Ms.
Sawyer wants to have a forum some time in November. Dr. Trowbridge stated that we might need a fund for it, but does not need to be an act of Town Meeting.
- Possible Town Meeting Articles from the Board of Health
- The Town Manager and the Board of Selectmen asked for any articles to be submitted by October 1st. The 43D is the Lucent area to allow for streamlined permitting. There is no action necessary.
- Revolving fund – what is the proper time to ask for a new one, such as for the rental housing program? There is another one; TBI will pay $20k a year to hire a monitor. There may be a separate fund for TBI. It is one of those things that needs to be setup. The Town is ready to go out for an RFP for Wheelabrator for air quality monitoring which will be done via the Planning Board. The Septic Consultant must be chosen as well.
- Dr. Trowbridge noted the various dates for MAHB – 3 dates. Dr. MacMillan is going to one in Marlborough that he and Joe went to previously. Mr. Fixler went once the first year. Dates are always a Saturday. There is no funding from the Town, but there are scholarships for it. Group approved it last year.
Dr. MacMillan asked about mosquito issues. Dr. Trowbridge stated that the mosquito district had plans to come out to local ballfields at Brooks on Tuesday. Non-school yards and ball fields will be done tomorrow pending weather. Dr. Trowbridge recalls from last year a lot of coordination. Kids hang out in the school yard. He suggested to bring kids all inside to make sure there is no accidental risk of exposure. Buses arrive at various times, and suggested that kids be brought in promptly when they arrive.
D. Chemical Spill
Ms. Sawyer responded to a chemical spill this week at 80 Flagship Drive. A discussion ensued about DEP calls. The spill was contained and it was only 150 gallons. They did not have to call DEP. Also something for this years’ goals – have phone numbers for everyone in Town. If there is an oil spill - this is who you call, etc. As a team, we will put together a list of who to go to and when. E.g. – shots, going to Africa – name of travel clinic……we can put together a phone book for the BOH members of who to call in what situation.
- Open Meeting Law – correspondence from Tom Urbelis – conference in October – invitation for Board members to go.
F. Prescribed burn on Weir Hill – Susan copied to BOH. There is an air quality permit.
G. Training program – MVPC – volunteer members of various boards – 3 sesssions open meeting law, conduct and ethics laws.
VII CORRESPONDENCE/NEWSLETTERS
- Distribution of MASSDEP Emergency Notification Magnets to BOH members.
Each member was given a MassDEP Emergency Notification magnet with a phone number and samples of environmental issues to respond to.
The meeting was adjourned at 9:35 p.m.\
Prepared by:
Pamela DelleChiaie
Administrative Secretary
Approved by:
___________________________
Larry Fixler
Clerk of the Board
| 
