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Home My WebLink AboutBOH Minutes 4/16/1992BOARD OF HEALTH MINUTES ri 1.4 April 16, 1992 `L U1 (' 1A 921 1 -$ PH 2: 22 MEMBERS PRESENT: Chairman Henry Austin, Edward Rosenberg, _.Cl.g-�; , Donald Steele (arrived at 7:40 Ph( Ilite1 F15ti Iii ALSO PRESENT Health Agent Scott Leite J� 1. CALL TO ORDER at 7:30 PM by Chairman Austin. 2. CONSENT AGENDA a. Approval of Minutes, April 2, 1992 b. Approval of Disposal Works Installers Permit: Marvelle Construction, Bourne c. Approval of Mobile Food Permit: M &M Concessions, Townsend (3 trailers) d. Approval of Residential Kitchen Permit: John S. Jardin (Fran's Apple Pies), 498 Williams St. e. Approval of Funeral Home Permit: Amici Funeral Home, 115 North Main St. MOTION: To approve Consent Agenda. Rosenberg /Fontanini. All in favor. VOTED. 3. COMMUNICATIONS a. Copy of letter to Town Engineer /Director DPW, from Director of Planning and Development, April 3, 1992, re: Subdivision Drainage Issues: Tara Estates, Sturbridge Estates, Shannon Lane. b. Copy of letter to DEP, from Vista Performance Polymers, April 3, 1992, re: Phase II Work. c. Copy of letter from DEP to Shell Oil Co., April 9, 1992, re: Request for a Phase II Scope of Work. d. Copy of letter to DEP from GEI Consultants, April 9, 1992, re: Compo Chemical. e. Copy of letter to Foxboro Zoning Board of Appeals from Mansfield Planning Board Chairman, April 14, 1992, re: Medigen. f. Letter from Joseph P. Hannon, Atty., to Health Agent, April 6, 1992, re: Response to Eight Questions re: Proposed East Mansfield Sewer Line. 9. Letter from Town Counsel, Volterra, Goldberg & Mangiaratti to Health Agent, April 15, 1992, re: BOH vs. Chemlawn Services Corp., decision from Bristol Superior Court. 4. VISITORS Richard Bodio was scheduled for this evening, but could not attend due to a vacation scheduled. He is rescheduled for May 7th at 7:45 PM to discuss his application for an installers license. 5. HEALTH AGENT'S REPORT a. Lawncare Decision: On April 10, 1992, a decision for summary Board of Health Page 2 April 16, 1992 judgment from Bristol Superior court came down against the BOH. It was found that Mansfield's regulation "works to defeat" the "creation of centralized regulation of pecticide use" as identified in the statute of the Mass. Pesticide Control Act. The sign requirement and registration and filings with BOH were specifically discussed. Agent told Board that he has contacted the Mass. Audubon Society and the Conservation Law Foundation. He should hear from them next week and will report the conversations to the Board next meeting. Members agreed to study the summary judgement and discuss at next meeting whether to appeal or to drop. b. Village Condos: Another problem in same area as Edgewood Condos. A three -year old septic system has failed. The system adjacent to the failed one is still okay. The failed system is pumping too much water and cannot handle it; therefore, water is backing up.. Agent, back in November, 1991, sent a letter to the condo association president stating that the system had failed. As we all are aware, sewer should be there by November, 1992. Agent will suggest to condo association that he meet with them to discuss a water conservation program (low -flow toilets and the ceasing of washing machine use), which will help with the failed system (less pumping out) and eventually save on their water bill when the sewer appears. Chairman suggested that a fence be installed around the failed system, since the ground is very wet. Children may wander into it and not get out. c. Eastland Estates: Several residents are claiming that their basements have water and that it is coming from the adjacent TARA Estates off Eastman St. Eastland (Shannon Drive) is located off East St. Agent reviewed the plans of Eastland and all the septic systems and foundations are at the original grade. TARA is not completed - -no impervious surface. Agent wondered when they got the basement water -- recently or awhile ago? He saw no reason for TARA causing water in Eastland's basements. d. 291 Ware Street: A rear septic system has failed and the design by Yarworth Engineering created requires three local waivers, one State waiver and the use of a 16 mil PVC barrier to prevent breakout. The variances, if approved, will not lower the standards of the State Title 5 law, just those of the local. Board was concerned about the variances, but Agent assured them that the present failed system was over 20 years old and that the newer regs are much more stringent - -even if the variances are granted. If the Board declares the repair an emergency, then it can be started immediately. Member Rosenberg asked if there was another location to put the system to prevent all these variances. Agent responded that it could be done in the front. Tim Boswell, U.S. General Contractors (installer), was present for the discussion and stated that the repair has already begun (engineer told him to start), and is about 50% complete. Also, the owner did not want to disturb her flower bed and cut additional trees to put the system out front. Agent was disturbed by this since he had met with Mr. Yarworth and they discussed the pros and cons of where to put the system. They had agreed to put it in the front to avoid the variances. Board was also disturbed that the engineer told the installer to start. Member Rosenberg suggested that a letter be sent Board of Health Page 3 April 16, 1992 to the engineer reprimanding him for his actions and stating that the BOH will not longer accept plans from his company. MOTION: To grant the variances requested by Yarworth Engineering. I.-Waive the setback distance from vegetated bordering wetland from 75' to 50'. 2. Waive from 5' over groundwater to 4' over groundwater the elevation of bottom of leaching field. 3. Waive local and state Title 5 of the State Environmental Code from requirements of breakout grade regs. 4. Permission to use 16 mil PVC barrier to mitigate effects of not meeting breakout grade requirements (3). 5. Declare repair an emergency. Rosenberg /Fontanini. All in favor. VOTED. MOTION: To send a letter to Yarworth Engineering and Land Surveying reprimanding them for telling disposal installer to begin work without BOH approval and to tell them that the BOH will no longer accept plans since Title 5 (local) was not followed. Rosenberg /Fontanini. All in favor. VOTED. e. Peres and Plans: 19 peres and 82 septic plans submitted. ' f. Household Hazardouse Waste Day: Scheduled for April 18th, 9:00 AM to 2:00 PM and the Great Woods Center for the Performing Arts. Volunteers are. needed. Member Rosenberg will be there and Members Fontanini and Austin will try to be there. g. Cholesterol Screening Clinic: Scheduled for April 16th went well, as usual. h. East Mansfield Sewer: Agent suggested members read the response from Attorney Hannon and subject will be on next agenda for discussion. 6. OLD BUSINESS a. Non - Smoking Reg: The model by -law was sent to each member. Secretary called American Heart Association. They had no additional info on bylaws as they relate to selling of tobacco to minors or to non - smoking designated areas. She also called American Lung and has not heard from them yet. Subject will be discussed next meeting as to whether to not to formulate a regulation for Mansfield. b. Household Hazardous Waste Town Meeting Article: Article for $7,500 was approved at this year's annual town meeting. 7. NEW BUSINESS a. Human Services of SE Mass.: Member Steele asked if the contract with the BOH and HSSEMA was to defray cost for services for people to cannot afford Board of Health Page 4 April 16, 1992 the full rate or who do not have insurance? Response was yes. The annual contractual fee with Human Services is $5,400. { b. Mobile Food Stand: Sara Kaufman, 505 West St., requested a permit for a pushcart to be located at 505 West St., (her residence), to sell steamed hot dogs, various flavored chicken wings, salad, chips, cookies and drinks. She plans to cook the food in her kitchen and keep warm on the pushcart. Agent cautioned against chicken, which is a food that is not a "safe" item for a pushcart. Ms. Kaufman agreed to consider sausages. MOTION: To grant a residential kitchen (to cook food) and a mobile food permit to Sara Kaufman, 505 West St. Fontanini /Rosenberg. All in favor. VOTED b. Underground Storage Tanks: Chairman Austin asked if, by law, do unused underground gas /oil storage tanks (at car dealerships, service stations, etc.) have to be removed. Agent replied that it is a fire department regulation. 8. ADJOURNMENT MOTION: To adjourn at 9:00 PM. Fontanini /Steele. All in favor. VOTED. Respectfully submitted, Dianne Royle Recording Secretary NEXT MEETING: May 7, 1992. See you then. Agenda: Letter re: sewerline Decision on lawncare Non - smoking reg