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HomeMy WebLinkAboutBOH Minutes 2/16/1989BOARD OF HEALTH February 16, 1989 MINUTES Members present: Chairman Edward Rosenberg, Clerk Michael VanSplinter, Donald Steele, Peter Fontanini Also present Health 1. CALL TO ORDER AT 7:32 2. CONSENT AGENDA Minutes, February 2, kgent Scott Leite PM by Chairman Rosenberg.I MAR 3 13819 ` i I 1989 Methyl Alcohol, Tedeschi Food Shops (2) Methyl Alcohol, Elm St. Garage Retail Food, Villa Liquors Disposal Works Installers Bruce Scott Co., Walpole Tom Barboza Construction, Inc., W. Wareham CJD Construction Co., Inc., Sharon A. Caponigro, Jr., Mansfield Grant Enterprises, Mansfield Residential Kitchen, Montione's Italian Cookies, Mansfield MOTION: To approve Consent Agenda. VanSplinter / Fontanini. All in favor 3. COMMUNICATIONS VOTED. a. Letter from Albert Bruun, Mrs., Brown Ave., Mansfield, re: Opposing MASS -BURN waste -to- energy plant. b. Community Health Agency summary, December 30, 1988 C. Copy letter from DEQE to Codex, February 3, 1989, re: Air Quality Control. d. Memo from Board of Selectmen, Feb. 14, 1989, re: Great Woods Entertainment License Regulations. e. Memo to Board of Health from Town Manager, Feb. 14, 1989, re: Designation as Special Municipal Employee. f. Flyer for AIDS AND YOU, talk with Dr. Kerrins on March 6th. Member VanSplinter will host the assembly since Chairman has prior committment. 4. PUBLIC HEARING At 7:40 p.m., Chairman declared the public hearing for condemnation of a building at 171 Ware St., due to failed septic system, owned by Edward Troy. Chairman received a phone call earlier this evening stating that Mr. Troy was sich with the flu and unable to be present. Hearing will proceed and continued to March 2, 1989 at 7:40 p.m. so that Mr. Troy can be present to present his comments. Board of Health -2- February 16, 1989 Health Agent Leite presented the facts and in chronological order a list of correspondence and events. December 2, 1985 was the first inspection of the overflowing septic system at 171 Ware St., Apts 5, 6, 7, and 8. Fourteen other times it was witnessed as overflowing. Three enforcement orders were issued by the Board of Health. Mr. Troy never complied. A complaint was filed in Attleboro District Court on June 9, 1988; continuing offense on February 10, 1989. For nearly three years, there has been no compliance with orders from Board of Health or cooperation with Court. A failed septic systems is hazardous to the health because it could be a carrier of cholera, polio, and other diseases. It has an offensive odor. A six -man jury trial was scheduled for December 15, 1988. Second call, January 6, 1989, continued to March 15, 1989. Mr. Troy showed up late for court to cause these continuances. Mr. Troy clearly has no intention to repair the system nor has he contacted the Board of Health. Health Agent's recommendation: 1. That the Board find Units 5,6,7, and 8 contributing to a condition which may endanger or materially impair the health, safety and well being of the occupants of 171 Ware Street and the public and issue an Order condemning those apartments. 2. That the Board order Units 5,6,7, and 8 vacated and secured at the end of 90 days after issuance of condemnation. 3. That the Board order 171 [dare Street, Units 5,6,7, and 8 placarded. 4. That Units 5,6,7, and 8 remain unoccupied until the Board of Health determines them habitable and grants permission in writing to resume use for human habitation. Ray Baptiste, Apt. 6, Charlotte Beary, Apt. 5 had several concerns about their future occupancy at 171 Ware St., and Jonathan Pierce, relative of Mrs. Baptiste, asked if the Board of Health is prepared to condemn the building whether Mr. Troy is present at the next hearing or absent. Board would not comment on that question since Mr. Troy was not present and that a response could prejudice the vote next hearing. Nancy Pierce, parent of Mrs. Baptiste, said that the two systems in front of the other buildings are also failing. Chairman responded that the Agent has already started a file on them. Chairman declared the hearing continued to March 2, 1989 at 7:40 p.m. at the Mansfield Town Hall. 5. VISITORS MOTION: To move into executive session to meet with Joseph Hannon, Attorney for Town of Mansfield, to hear an update of pending litigation, and to return to open session to continue regular meeting. VanSplinter /Fontanini. Roll Call Vote. VanSplinter, Fontanini, Steele, Rosenberg in favor. Executive session ended at 8:28 PM and Attorney Hannon remained to discuss the Health Board's role in subdivision review. Preliminary subdivision plan is just advisory and informal. Mandatory for commercial and industrial, but still advisory. Board of Health -3- February 16, 1989 Definitive subdivision plan can be vetoes by.the Board of Health as it relates to sewage disposal. However, must give applicant due process if Board says no. Board has 45 days from time of receipt to respond, and comments must be exactly what you mean, not general statements. Applicant can come before Board to give any explanations you require. 6. HEALTH AGENT'S REPORT a. Agent attended a seminar on small wastewater treatment plants and gave out info to each member. b. Agent.gave copy of petition for town meeting article on a moratorium of waste -to- energy plans. Question still remains as to whati_a precedent - -local health board having to enforce vote of town meeting or state law? Town counsel will be asked. c. Health Agent will add a paragraph to the disposition of used motor oil plan, i.e., prohibition of illegally dumping oil on land. He will present total package at a future meeting. d. Selectmen approved holding an autonotive /household hazardous waste cleanup day to use up the balance of the funds appropriated at town meeting. e. Great Woods license renewal by Selectmen: they have asked for any comments to consider for license renewal, to be submitted by end of February. 7. OLD BUSINESS a. Health Agent has not yet inspected the Paine house on Rumford Ave. b. Odor has been identified by a resinous, spicy, much like preserved wood, odor. Agent will contact William Haynes, Hathaway and Patterson, County at. 8. NEW BUSINESS a. Member Fontanini asked if the Health Board has a regulation, "No shirts, no shoes, no entry ". This is not a reg; stores post that sign on their own. 9. PENDING a. Resinous odor b. Opinion from counsel on moratorium c. Used motor oil disposition d. Stump dump regs e. Review of all regs f. Preseason meeting with Great Woods 10. ADJOURNMENT MOTION: To adjourn at 9:30 p.m. Steele / Fontanini. All in favor. VOTED. Clerk Respectfully submitted, Dianne Royle, Sec'y �7 Date