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