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HomeMy WebLinkAboutBOH Minutes 1/7/1988MINUTES BOARD OF HEALTH JANUARY 7, 1988 Members present: Peter Fontanini, Edward Rosenberg, Donald Steele, Michael Van Splinter, Frank Zarek Also present: Health Agent Scott Leite 1. Meeting was called to order at 7:30 p.m. by Clerk Rosenberg. - Clerk Rosenberg requested that Health Agent Leite act as Chairman far the purpose of reorganizing only. Health Agent Leite asked the members of the Board if there were any nominations for Chairman of the Board. Motion: Nomination for Edward Rosenberg as Chairman, by Member Steele. Edward Rosenberg accepted the nomination. Donald Steele /Peter Fontanini. All in favor. VOTED Health Agent asked the members of the Board for nominations for Clerk. Motion: Nomination for Peter Fontanini as Clerk, by Member Steele. Peter Fontanini did not accept the nomination. Motion: Nomination for Michael Van Splinter as Clerk, by Member Fontanini. Michael Van Splinter accepted the nomination. Peter Fontanini /Edward Rosenberg. All in favor. VOTED - The new Chairman, Edward Rosenberg, welcomed Mr. Van Splinter to the Board of Health. 2. CONSENT AGENDA A. Minutes of December 3, 1987 December 17, 1987 B. Licenses 1. Retail Food #133 Canoe River Campground, 137 Mill St. #134 Old Country Store, 26 Otis St. #135 DBA /Curtis Compact Food Store #167, 223 North Main St. #136 DBA /Curtis Compact Food Store #182, 40 Chauncy St. #137 Mascot Petroleum #35, 70 Copeland Dr. #138 The Family Food Mart, 660 East St. #139 Villa Liquors, Inc., 1 Villa St. #140 Brooks Drug #824, 30 Chauncy St. * #141 Mansfield Dugout, Otis St. #142 Chek Farm, 1077 East St. #143 Thayer Pharmacy of Mansfield, 242 Chauncy #144 F & W, Inc. Dub's Discount Liquors, 30 Chauncy St. * Request for waiver of fee is with license. 2. Hypodermic Syringe #132 4 -K Farm, 150 Balcom St. 3. Methyl Alcohol #4 Curtis Compact Food Store #167, 223 N. Main St. #5 Curtis Compact Food Store #182, 40 Chauncy St. #6 Elm Street Garage, Inc., 549 Elm St. 4. Cesspool Cleaning and Pumping Renewals: #123 L & R Sanitation, 250 Mansfield Ave., Norton, MA 02766 #129 Sharon Sanitary Disposal, 7 Cedrus Rd., Sharon, MA 02067 4130 Larry Brooks Septic Service, PO Box 606, Wrentham, MA 02093 #131 Bruce Scott Co., 51 Baker St., Walpole, MA 02081 #133 Rhode Island Cesspool Cleaners, 2157 West Shore Rd., Warwick, RI 02886 New: #124 Aardvard Pumping Service, 8 Production Rd., Walpole, MA 02081 5. Campground #128 Canoe River Campground, 137 Mill Street 6. Disposal Works Installer's Renewals: #29 A.C. Excavating Corporation, PO Box 223, Sharon, MA 02067 #30 O.M.O. Construction, 13 Cross St., Norton, MA 02766 #31 Joseph Gonsolves, 137 Mill St., Mansfield #32 Overall Construction Co., Inc., 194 Spring St., Mansfield #34 J.E. Case, Inc., 1320 S. Washington St., N. Attleboro, MA 02760 #35 P.A. Yonker Excavation, General Delivery, S. Walpole, MA 02071 #36 Bill Traut Excavating, 328 East St., Sharon, MA 02067 #37 Dorrance Excavating Contractor, Inc., PO Box 2065, 283 W. Main St., Norton, MA 02766 #38 Plainville Pump & Excavating, Inc., 77 School Street, Plainville, MA 02762 #39 Lachance Excavating, Inc., 69 Hart St., Taunton, MA 02780 #40 Home Developer's, Inc., 467 Crescent St., Brockton, MA 02402 #41 Dick Morse Excavating, 115 Morse St., Sharon, MA 02067 #42 Brunelle Contracting Co., 52 Gilbert St., Mansfield #43 Peter DeGirolamo & Sons, Inc., PO Box 537, Mansfield New: 444 Arrow Construction & Realty, Inc., 31 Arrow Rd., Norton, MA 02766 - Chairman Rosenberg asked Health Agent Leite to explain the Consent Agenda. Health Agent explained to the Board that the Consent Agenda is used for routine items, such as licenses, bills and minutes, and are passed in one motion. If there is any item on the agenda anyone would like to discuss, a motion can be made to remove the item from the Consent Agenda, and discuss it separately. Chairman Rosenberg asked the Health Agent if each individual license would still require signatures. Health Agent responded that licenses would have to be signed. The Board members discussed the Consent Agenda and Chairman Rosenberg asked if anyone had any comments or objections to using agenda. Members had no objections. Health Agent Leite read the following motion: Move that routine items of the Board of Health which are minutes, bills and licenses, be placed on a Consent Agenda and such items are to be passed in one motion. Any item which may need discussion will be removed from the Consent Agenda with a motion and discussed separately. Michael Van Splinter /Donald Steele. All in favor. VOTED The Board members reviewed the Consent Aaenda. Member Steele requested that Villa Liquors, Inc. be removed from the Consent Agenda, for discussion. Motion: To approve all items on the Consent Agenda, subject to removal of Villa Liquors, Inc.. Peter Fontanini /Donald Steele. All in favor. VOTED Member Steele expressed his concern about Villa Liquors advertising cigarettes heavily, which he feels is an assault on good health. Member Steele would like to include all retail stores in the mailing of the "Board of Health Smoking Policy and Recommendations ", when Retail Licenses are issued, as we send with Food Service Licenses. Chairman Rosenberg suggested that with the impending changes in State laws, we should hold off sending policy to retail stores until we see the nature of new laws. Since policy is a recommendation only, Member Steele feels it would not hurt to send policy, to advise and encourage smokers to stop smoking in public places, which is what members voted on when establishing "The Board of Health Smoking Policy and Recommendations ". Members had further discussion on this subject. Motion: To include retail stores in the mailing of "Board of Health Smoking Policy and Recommendations. Donald Steele /Peter Fontanini. All in favor. VOTED Motion: To include Villa Liquors, Inc. in the Consent Agenda. Peter Fontanini /Donald Steele. All in favor. VOTED - Jim Grady, a member of the Conservation Commission, appeared before the Board to review the Proposed Anti - Litter By -Law and Proposed By -Law regarding Hazardous Materials. Chairman Rosenberg asked how these proposed by -laws will be enforced. Jim Grady responded that he will propose to the Selectmen to establish the position known as "Environmental Safety Officer ", and consider the feasibility of designating an officer of the Fire Department and /or an officer of the Policy Department, to enforce all by -laws that deal with the environment. Since the matter concerns the Board of Health, it was the concensus of the Conservation Commission to get the Board of Health's approval to be co- sponsor of this by -law, at the annual town meeting. Chairman Rosenberg responded that not all members of the Board had a chance to review the preliminary copies of the proposed by -laws. He asked Mr. Grady to give the Board an additional two weeks to review proposed by -laws until the next Board of Health meeting scheduled for January 21st. 3. - Letter dated January 4, 1988, to the Board of Health, from Edward Tartufo, informing the Board he is no longer a member of the Board of Health, and thanking the Board members for their support and assistance over the past years. - Copy of letter dated January 4, 1988, from Lawrence Harrington, Chairman, Board of Selectmen, to Peter Fontanini, informing Member Fontanini of his reappointment to the Board of Health for a three year term to expire January 1, 1991. - Copy of letter dated January 4, 1988, from Lawrence Harrington, Chairman, Board of Selectmen, to Michael Van Splinter, informing Mr. Van Splinter of his appointment, to the Board of Health for a three year term which expires January 1, 1991. - Letter dated December 21, 198'1, to Burdon Blanchard, Superintendent of Attleboro Water Department, from Health ( Agent Liete, requesting his comments on the Forest Park Subdivision, as they relate to the Wading River and Attleboro's water supply. - Letter dated December 22, 1987, to Edward Tartufo and Health Agent Leite, from Attorney Bruce Medoff of Ring, Rudnick, Grefe & Freed, P.C., advising them that the deposition orginally scheduled for January 75 1988, was postponed, re: Swidler vs. Town of Mansfield. - Copy of memorandum dated December 21, 1987, from K.N. Srinivasa to Joseph Campo, regarding Stearns Avenue Dump closure plan. - Copy of outline on Consent Agendas, from the International Institute of Municipal Clerks. Health Agent Leite distributed a copy of outline to the Board members. - Copy of letter dated December 22, 1987, from D.E.Q.E. - Air Quality Control Section, to Tifdan Developers regarding activity which occured near the corner of Jewel and Williams Streets in West Mansfield, in non - compliance with the Department's laws and regulations. - Copy of letter dated December 31, 1987, from D.E.Q.E. - Air Quality Control Section, to Codex Corporation, 20 Cabot Boulevard, acknowledging receipt of communication from Codex. Review of response has revealed that Codex Corporation has satisfactorily responded to the Notice of Noncompliance regarding Air Pollution Control Regulations. - Copy of letter dated January 41 1988, from D.E.Q.E. - Air - Quality Control Section, to Codex Corporation, 20 Cabot Boulevard, acknowledging receipt of communication from Codex, relative to review of an application concerning the proposed installation of a new facility for the manufacture and assembly of modems. 4. HEALTH AGENT'S REPORT - Soil Examinations: Forest Park Subdivision Karl Drown, Disposal Works Installer for Forest Park Subdivision, appeared before the Board and asked why it is taking so long for approval of these percolation test. The members responded that they did not receive the Forest Park Plans until the meeting of December 17, 1987. Member Zarek elaborated on the fact that the Board has serious concerns about the effect of Attleboro's water supply. Motion: To give the Attleboro Water Department another ten days to respond, regarding the review of the Forest Park project. Frank Zarek /Peter Fontanini. All in favor. VOTED The Board members discussed the environmental impact of Forest Park. Member Steele recommended possibly getting an ianvirpinmi-,ital st wdV Qf the impact of that amount of septic systems so close to the water, the effect of chemicals. etc. Health Agent Leite read a portion of the town's septic regulations, "Additional Data Clause ", which states the following: "The Board of Health or it's designee may require the submission of any additional data that, in it's opinion, is necessary to properly evaluate the subdivision from a public health standpoint." Health Agent will attempt to find source information on: 1. Estimates of nitrate loading 2. Sewerage 3. Effect of Forest Park West Street wells 4. Size of cone of depression in West Street wells Bonwood Corporation, Massapoag Estates #87 -57 17 Elyse Road, Lot 44 Motion: To approve soils and percolation rate with an r adjusted elevation at 238.7. Frank Zarek /Peter Fontanini. All in favor. VOTED #87 -58 21 Elyse Road, Lot 45 Motion: To approve soils and percolation rate with an adjusted groundwater level at 96 ". Frank Zarek /Peter Fontanini. All in favor. VOTED 486 -295 25 Elyse Road, Lot 46 Motion: To approve soils and percolation rate with an adjusted groundwater level at 106 ". Frank Zarek /Peter Fontanini, All in favor. VOTED #86 -296 29 Elyse Road, Lot 47 Motion: To approve soils and percolation rate with an adjusted groundwater level at 108 ". Frank 7_arek /Peter Fontanini. All in favor. VOTED #86 -297 33 Elyse Road, Lot 48 Motion: To approve soils and percolation rate with an adjusted groundwater level at 134 ", Frank Zarek /Peter Fontanini. All in favor. VOTED 486 -298 37 Elyse Road, Lot 49 Motion: To approve soils and percolation rate with an adjusted groundwater level at 108 ". Frank Zarek /Peter Fontanini. All in favor. VOTED #86 -291 14 Donald Allen Drive, Lot 50 Motion: To approve soils and percolation rate with an adjusted groundwater level at 96 ". Frank Zarek /Peter Fontanini. All in favor. VOTED #86 -292 10 Donald Allen Drive, Lot 51 Motion: To approve soils and percolation rate with an adjusted groundwater level at 112 ". Frank Zarek /Peter Fontanini. All in favor. VOTED #86 -290 6 Donald Allen Drive Motion: To approve soils and adjusted groundwater level at strip out four feet material, Frank Zarek /Peter Fontanini. 486 -294 40 Patty's Road, Lot Motion: To approve soils and adjusted groundwater level at Frank Zarek /Peter Fontanini. Lot 36 percolation rate with an 102 ", with recommendations to ten feet all around. No pits. All in favor. VOTED 37 percolation rate with an 118 ", All in favor. VOTED #86 -293 11 Donald Allen Drive, Lot 52 Motion: To approve soils and percolation rate with an adjusted groundwater level at 134 ". Frank Zarek /Peter Fontanini. All in favor. VOTED #86 -289 7 Donald Allen Drive, Lot 35 Motion: To approve soils and percolation rate with an adjusted groundwater level at 102 ". Frank Zarek /Peter Fontanini. All in favor. VOTED 086 -302 30 Elyse Road, Lot 93 Motion: To approve soils and percolation rate with an adjusted groundwater level at 122 ". Frank Zarek /Peter Fontanini. All in favor. VOTED #87 -69 26 Elyse Road, Lot 94 Motion: To approve soils and percolation adjusted groundwater level at 76 ". Frank Zarek /Peter Fontanini. All in favor #86 -285 43 Patty's Road, Lot 13 Motion: To approve soils and percolation adjusted groundwater level at 30 ". Frank Zarek /Peter Fontanini. All in favor rate with an VOTED rate with an VOTED Edward Broderick, owner of Forest Park, appeared before the Board, explaining that the delay on review of Soil Examinations for the Forest Park Subdivision is causing him great hardship. He asked the Board members to reconsider there vote to give the Attleboro Water Department another ten days to respond, regarding the review of the Forest Park project. Chairman Rosenberg responded that the Board of Health has concerns about a great number of factors including: the proximity of Mansfield wells, Attleboro's water supply, nitrate loading, size of cone of depression in West Street wells, etc. Mr. Broderick firmly believes that these questions should have been raised during the public hearing process, one year ago. Again, the Board responded that they did not see these plans until very recently. Member Steele stated that the Board of Health is asking for studies. Mr. Broderick responded that modifying the septic systems is the solution to the concerns of the Board of Health. Again, Health Agent Leite reviewed the "Additional Data Clause" from the town's septic regulations, which does state that the Board of Health may require additional data that, in it's opinion, is necessary to evaluate a subdivision from a public health standpont. There was further discussion on this subject. Board members did not reconsider their vote. #87 -171 Albert Collier, 26 Stearns Avenue, Lot 1 Motion: To approve soils and percolation rate with an adjusted groundwater level at 65 ". Frank Zarek /Peter Fontanini. All in favor. VOTED #87 -172 Albert Collier, 34 Stearns Avenue, Lot 2 Motion: To approve soils and percolation rate with an adjusted groundwater level at 97 ". Frank Zarek /Peter Fontanini. All in favor. VOTED #87 -173 Albert Collier, 42 Stearns Avenue, Lot 3 Motion: To approve soils and percolation rate with an adjusted groundwater level at 105 ". Frank Zarek /Peter Fontanini. All in favor. VOTED #87 -174 Albert Collier, 50 Stearns Avenue, Lot 4 Motion: To approve soils and percolation rate with an adjusted groundwater level at 105 ". Frank Zarek /Peter Fontanini. All in favor. VOTED #87 -175 Harrington & Matto Co., 2 Cowan Lane, Lot 10 Motion: To approve soils and percolation rate with an adjusted groundwater level at 98 ". Frank Zarek /Peter Fontanini. All in favor. VOTED #87 -176 Richard Staples, 130 Motion: To approve soils and adjusted groundwater level at Frank Zarek /Peter Fontanini. #87 -177 Dale M. Robbio, 1480 Motion: To approve soils and adjusted groundwater level at Frank Zarek /Peter Fontanini. Jewell Street, Lot 1 percolation rate with an 92 ". All in favor. VOTED West Street percolation rate with an 124 ". All in favor. VOTED #87 -164 Remus Realty Trust, 15 Jacob Drive, Lot 4 Motion: To approve soils and percolation rate with an adjusted groundwater level at 94 ". Frank Zarek /Peter Fontanini. All in favor. VOTED it Clara E. Flint, 846 East Street (Winslow Estates) Motion: To approve soils and percolation rate with an adjusted groundwater level at 35 ". Frank Zarek /Peter Fontanini. All in favor. VOTED - Addendum to 1982 Study on Salt. Health Agent distributed copies of study. He explained that information is an update to a "Follow Up Study on Salt" prepared by Walter Walsh (former Health Agent) in 3/82. This report provides information on the sodium content in town wells. Health agent reviewed his report with members. - Status of Lawsuits. Per the Board's request, Health Agent gave the Board members an update: 1. Malcom B. Post vs. the Board of Health - Health Agent believes Town Counsel, Jack Dwyer, will dismiss as frivolous. 2. S. Zachary Swidler vs. Board of Health, and others - The Attorney General's office is moving to dismiss as frivolous, which should happen on January 4th. 3. J.P. Smith - on hold. Member Steele requested that Health Agent obtain written reponses from Town Counsel, to requests that we submit to him in writing. 5. NEW BUSINESS - Removal of hazardous waste. Member Steele asked members of the Board if the Board of Health should be notified when removal of hazardous waste takes place. Chairman Rosenberg responded that if the proposed hazardous waste by -law passes, the Board of Health would have to be notified. Presently, it is handled by the State. - Member Steele suggested writing a thank you letter to Edward Tartufo, former Chairman. - Chairman Rosenberg re -read the Board of Health Septic Regulations and proposed that the Board consider changing the wording of the paragraph called "Permitting ". Chairman distributed copies of his suggestion to the Board members, for their study and comments. 6. Motion: To adjourn at 11 :05 p.m. Frank Zarek /Peter Fontanini. All in favor. VOTED Respectfully submitted, Beverly Rooney Recording Secretary hl r, / ----- - - - - -- Michael Van Spli er, Clerk Date