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Home My WebLink AboutBOH Minutes 5/21/1992BOARD OF MINUTES May 1 US U MEMBERS PRESENT: Chairman Henry Austin, Clerk Edward Rosenberg,�D40ald Steele and Michael VanSplinter ALSO PRESENT : Health Agent Scott Leite 1. CALL TO ORDER at 7:30 PM by Chairman Austin. 2. CONSENT AGENDA a. Approval of Minutes May 7, 1992 b. Approval of Disposal Works Installers Permit: 0. Conrad Lajoie, Mansfield c. Approval of Retail Food Permits: Canoe River Campground Sunoco Food Mart Cumberland Farms, Inc. Shaw's Service Station Brooks Pharmacy #824 Tedeschi Food Shop #182 F &W, Inc., Dub's Discount Liquors Bristol Liquors Villa Liquors Chek Farm d. Approval of Mobile Food Permits: Fanfare, Inc. (12) Don's Diner, Inc. Deb's Catering Self -Help, Inc., Head Start Mansfield Lodge of Elks 02633* Mansfield Council on Aging* e. Approval of Residential Kitchen Permit: Fran's Apple Pies f. Approval of Caterer Permit: The Fresh Catch g. Approval of Food Service Establishment Permits: Town of Mansfield, Memorial Park* Mansfield Council on Aging* St. Mary's Church* Mansfield Little League* Mansfield Youth Soccer* *Request for waiver of food service fee since they are non - profit. King's Kitchen, Mansfield Airport Merckens Chocolate Co. Service Systems Corp /Marriott FSM Div. Wendy's Cape Food, Inc. Stefano's Sandwich Shops Taxi -Inn Restaurant Republic Mgmt. Corp., Mansfield High School Republic Mgmt. Corp., Qualters Middle School Board of Health Page 2 May 14, 1992 Republic Mgmt. Corp., Robinson Elementary Republic Mgmt. Corp., Jordan /Jackson Elementary Ladonna Restaurant, Inc. Canoe River Campground D Angelo Sandwich Shop Bernie's Ltd. Restaurant Roscoe's Cafe Regent Cafe, Inc. Tahana Restaurant The Fresh Catch, Inc. Newport Creamery Datel Systems, Inc. Sarro's Market Choi Wah House Family Food Mart Old Country Store Willowdale Golf Course Superplace Supermarket Town 'n Country Market Teixeira's Donuts of Mansfield, Inc. Geno's Restaurant and Lounge Seiler Corp., Codex Bldg. 1 Seiler Corp., Codex Bldg. 2 Seiler Corp., Codex Bldg. 4 Seiler Corp., Codex Bldg. M -7 Seiler Corp., Kendall Co., Bldg. 1 Seiler Corp., Helix Technology Corp. Fanfare, Inc. Sweet & Crafty, Inc. Honey Dew Donut MOTION: To approve Consent Agenda, with exception of Elks. Rosenberg /Steele. All in favor. VOTED. MOTION: To approve Elks mobile food permit. VanSplinter /Steele. 3 -0 -1. VOTED. Rosenberg abstained. 3. COMMUNICATIONS a. Copy letter from GEI Consultants, Inc., to DEP, May 13, 1992, re: monthly progress report for Compo Chemical, Branch St. b. Copy letter from DEP to Towns of Foxboro and Mansfield, May 14, 1992, re: Medigen and a copy of the ENF report. c. Letter from Katherine & Joseph Pungitore, 673 Ware St., May 20, 1992, re: Withdrawal of septic repair application and refund of $100.00. MOTION: To refund $100.00 fee for septic repair. Rosenberg /Steele. All in favor. VOTED. d. Copy of memo to Mansfield Board of Health from Bristol County Board of Health Page 3 May 14, 1992 Mosquito Control Project, not dated, re: spraying for mosquitoes. Copies of memo was sent to Mansfield News, Sun Chronicle and Brockton Enterprise for a press release. e. Letter from Mayor Judy Robbins, Attleboro, May 20, 1992, re: septage treatment, sludge disposal and service area extension of sewer system. Regional meeting on June 3rd. f. Newsletter, Tobacco Access Law News, April 1992. g. Great Woods Center for the Performing Arts schedule. 4. VISITORS Village II Condominiums: Public hearing was held at 7:40 PM and called to order by Chairman Austin. Attorney Henry Goodman, Ann Grenier Taylor, Mgmt. Co., Debbie Gallagher, Sec'y Bd, of Trustees, Mary Watson, Bd. member, and Dave Willette, past Bd. member were all present to address the failed septic system at 23 Erick Road. Health Agent gave a brief history of the issue and stated that four items were ordered by the Agent: (1) install fence around puddle of effluent; (2) install low volume toilets; (3) disconnect washing machines; (4) adopt water management program. Attorney Goodman explained the legality of condominiums. The only common area of ownership is the outside areas- -not the insides of the apartments. There is a question of legal authority when the Board of Trustees asks the residents to turn off garbage disposals or install low -flush toilets. They have complied with everything possible, except what they legally cannot order. The fence is installed, washing machines turned off, septic system is pumped weekly and water management program was been asked to adhere to. Ann G. Taylor commented that water usage is down 54.6 %,, they are 87% over budget, since pumping occurs so frequently, fence was up 3 hrs. after ordered, water saving shower heads have been installed in some apts by owners. Steps have been taken to help the situation, but their hands are tied as far as ordering every apt, owner to do certain things. Agent will look at site and monitor the failed septic system area. He is also prepared not to enforce the entire order, will work with their engineer and if what has been done so far is sufficient, he will accept that. Hearing was closed by the Chairman at 8:30 PM. 5. HEALTH AGENT'S REPORT a. 340 South Main St: Testing has begun. Textron, unfortunately, has not contacted us on a regular basis. Cleanup project is moving right along. Member Rosenberg suggested that a letter be sent to all the residents in that area owning wells and reminding them not to use the well. Board agreed. Board of Health Page 4 May 14, 1992 b. Hathaway- Patterson: DEP is satisfied with the recovery system ongoing. Penney Engineering, employed by H -P, has cautioned Mr. Haynes, president of H -P, that if he does not cooperate, then Penney Engineering will turn the project over to DEP, who will not accept anything but cooperation. c. Mr. Goguen, 321 School St.: Mr. Goguen is requesting a variance to repair his septic system, which is located on a lot, that normally could not have an approval for a septic system. If approved, the variance will comply to the requirements of the State Title V- -not local. It would also reduce the size of the system by 1/3, thus saving Mr. Goguen approx. $7,000. MOTION: To grant the variance as requested by Mr. Goguen and recommended by the Health Agent. Rosenberg /Steele. All in favor. VOTED. d. Sam Talavera, N. Main St: Agent was subpoenaed by Mr. MacInturff's attorney (tenant in Mr. Talaver'a apartment). Went to housing court and resolved issue. e. Peres and Plans: 29 peres and 92 septic plans submitted. G. OLD BUSINESS a. Non - Smoking Reg: Chairman said that he will be attending an open meeting on North Attleboro's smoking regulation. Member Steele said that his focus on a reg for Mansfield would be the sale of tobacco to minors and designated smoking areas in restaurants. No decisions have been made as yet. b. Sewer Questions: Member Rosenberg asked what the Board's position is re: sewer hookups? What do we do with old systems? How did other town's handle it when sewer was installed? Will be discussed June 18th. Board of Selectmen are Sewer Commissioners and they have the authority to say "no" to any hookups. 7. NEW BUSINESS a. Joint Meeting: Chairman informed Board that Chair of Selectmen asked for joint meeting between Conservation, Health and Plannin to discuss overlap and authority. Chairman will mention sewer questions and concerns Board has. b. Turf Regulation: Agent informed Board that since the summary of judgment was not in the favor of the BOH, the Turf Care and Plant Regulator Applicators Reg must be recinded. MOTION: To recind the Turf Care and Plant Regulator Applicators Regulation. Rosenberg /VanSplinter. All in favor. VOTED. Membprs were very disappointed that this action had to be taken. Board of Health Page 5 May 14, 1992 c. Summer Schedule: The following dates were agreed upon. June 18th, July 9th and August 13th. 8. ADJOURNMENT MOTION: To adjourn at 9:30 PM. Steele /Rosenberg. All in favor. VOTED. Respectfully submitted, Dianne Royle Recording Secretary NEXT MEETING: SEE YOU JUNE 18TH. AGENDA: Questions on sewerline Non — smoking Reg erk I ,/ Date