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HomeMy WebLinkAboutBOH Minutes 8/29/1985MANSFIELD BOARD OF MINUTES AUGUST 29, 1985 Members Present: Chairman Tartufo, Clerk Rosenberg, Peter Fontanini, Louis Diamond, Frank Zarek and Karl S. Drown, Health Agent Meeting called to order at 7:30 P.M. Minutes of May 6, 1985. Motion: To approve the Minutes of May 6, 1985. (Frank Zarek - Peter Fontanini - Chairman Tartufo) (Clerk Rosenberg and Louis Diamond abstained as they were not present at this meeting.) Minutes of August 7, 1985 ( Motion: To approve the Minutes of August 7, 1985. (Clerk Rosenberg - Peter Fontanini - Chairman Tartufo) (Louis Diamond and Frank Zarek abstained as they were not present at this meeting.) Correspondence 1. A bill from the Community Health Agency to the Mansfield Board of Health in the amount of $1,016.66, as per contract for services for the month of August, 1985. Motion: To pay the Community Health Agency $1,016.66, as per contract for services to the Town of Mansfield for the month of August. (Clerk Rosenberg -Louis Diamond.- All in favor) 2. A bill from R. F. Marshall, Constable, to the Mansfield Board of Health for the service of a hand delivered letter to Hidden Country Homestead, Plain Street, Mansfield. The bill is for the amount of $14.00. Motion: To pay R. F. Marshall $14.00 for thesserviceiof a hand delivered letter to Hidden Country Homestead, Plain Street, Mansfield. (Clerk Rosenberg - Louis Diamond - All :in favor) 3. A bill from. The Boston Globe to'the Mansfield Board.of Health in the amount of $188:10, for the advertisement for a Health Agent. Motion: To pay The Boston Globe,'$188,.10- for.ths advertisement of a +Health Agent. (Clerk `Rosenberg - +Louis.Diamond+r All in favor) 4. A bill from,The.jProvidence.;Journal Cou�pany to the Mansfield Board of Health in the amount.of $236.50 for'the advertisement for a Health Agent. Motion: To':,pay.The Providence`Journal Company, $236.50 for the advertisement for a Health 'Ag ent.. (Clerk Rosenberg - Peter'Foniariini - All in favor) Mansfield Board of Health Minutes August 29, 1985 Page 2 5. A letter from Edward J. Tartufo, Chairman of the Mansfield Board of Health, to the Mansfield Board of Selectmen stating that the Board of Health has accepted the resignationof Karl S. Drown, Health Agent. 6. A letter from Edward J. Tartufo, Chairman of the Board of Health, to Bertram M. Cook, Inspector of Buildings, stating that the Board of Health has appointed him as Deputy Health Agent to act on matters of an emergency nature that may arise in the absence of a full -time health agent. 7. A letter from Edward J. Tartufo, Chairman of the Mansfield Board of Health, to Richard D'Onofrio, Chairman of the Mansfield Board of Selectmen, stating that the Board of Health has appointed Bertram M. Cook, Inspector of Build- ings, to act as a Deputy Health Agent. 8. A letter from Richard P. D'Onofrio, Chairman of the Board of Selectmen, to Joan Cutillo, Acting Town Manager, regarding the additional duties of the Inspector of Buildings who will serve as Deputy Health Agent. 9. A copy of a memorandum from Karl S. Drown, Health Agent, to Joseph Zeneski, DPW Director, stating that the Water Department should periodically check/ monitor the drainage ditch near Champion to assure that it is maintaining its cleanliness. 10. A letter from F. W. Environmental Services, Inc., to the Mansfield Board of Health concerning services which this firm offers to various communities and private concerns throughout this geographic area; they would like to discuss the expertise which they offer and their fee schedule with the Board of Health. 11. A memorandum from the Mansfield Planning Board to the Mansfield Board of Health requesting a review of the preliminary subdivision plan for "Massapoag Estates ". 12. A memorandum from the Mansfield Planning Board to the Mansfield Board of Health requesting site plan reviews on a proposed office building on Chauncy Street and a proposed retail and restaurant building on Chauncy Street. 13. A memorandum from the Mansfield Board of Selectmen to the Mansfield Board of Health regarding State -owned property which the Selectmen are requesting ideas for use of two properties. 14. A letter from the Unites States Environmental Protection Agency to the Mansfield Board of Health regarding an Environmental Assessment for the Foxborough Facilities Plan located in Foxboro and Mansfield. 15. A "Form of Notice of Casualty Loss to Building" from Cordon Boyd & Company, Inc., to the Mansfield Board of Health, regarding the property of Richard Rackett of 87 West Street, Mansfield. 16. An end of the month statement for the Mansfield Board of Health. 17. A copy of the Planning Board's Minutes for the July 31, 1985, meeting. 18. A copy of the Planning Board's Minutes for the August 7, 1985, meeting. Mansfield Board of Health Minutes August 29, 1985 Page 3 LICENSES Mobile Food Permit Joahn E. Glenn John's Canteen Service 2 Bonney Lane Mansfield, MA 02048 Motion: To approve the Mobile Food Permit Canteen Service. (Clerk Rosenberg - Frank Zarek - Milk and Cream Permit for John E. Glenn - John's All in favor) John E. Glenn John's Canteen Service 2 Bonney Lane Mansfield, MA 02048 Motion: To approve the Milk and Cream Permit for John E. Glenn - John's Canteen Service. (Clerk Rosenberg - Frank Zarek - All in favor) Milk and Cream Permit Cumberland Farms, Inc. 30 Chauncy Street Mansfield, MA 02048 Motion: To approve the Milk and Cream permit for Cumberland Farms. (Clerk Rosenberg - Peter Fontanini - All in favor) VISITORS Raymond Goddard - 496 Ware Street Mr. Raymond Goddard, 496 Ware Street, would like the Board to make a determina- tion that his home at this address is unlivable and contaminated due to the fact that it contains formaldehyde insulation; he submitted reports to the Board con- cerning the effect of formaldehyde insulation. He stated that the reason he is asking for this determination is because, even though he has not been living in the house since 1983, he has been taxed for it and he needs some documentation as to its contamination in order to approach the Board of Selectmen with this pro- blem. Chairman Tartufo stated that the Board will review these reports and make a determination as to the conditions. Mr. Goddard also nquired as to whether or not the Board of Health has received the request for a Determination of Applicability for Leon Grant's property at 440 Ware Street. Chairman Tartufo stated that this determination will end up in the Solid Waste Section of the DEQE and that the Board of Health should ob- tain all subdivision plans from the Planning Board to assure that there are stump dumps on each of these plans so that all the stumps do not get dumped at one location. Mansfield Board of Health Minutes August 29, 1985 Page 4 Donald Steele - 96 Rumford Avenue Mr. Donald Steele approached the Board and stated that Helen Paine, 102 Rumford Avenue, feeds approximately 250 pigeons every day and he has a concern because he believes it is becoming a health hazard. He submitted reports to the Board that he has obtained from different sources concern- ing the hazards of prolonged exposure to these pigeons. Peter DeTrolio, 92 Rumford Avenue, also stated that he believes this is a health hazard and he believes the home should be condemned because it is in such poor condition. Chairman Tartufo stated that there is a question of whether this problem would be a public nuisance or a civil nuisance and that faster results may be obtained if a civil suit was brought against Ms. Paine rather than a public suit. Mr. Steele stated that he has already contacted an attorney and has been told that Town action would have to be taken to solve this problem. Motion: To send a letter to Ms. Helen Paine stating that the Board of Health has received complaints about the feeding of pigeons at her home located at 92 Rumford Avenue; the Board has reviewed these complaints and has determined the following: 1. A nuisance is being creating by the feeding of these pigeons. 2. The Board has documentation that the feeding of these pigeons could create a health hazard. Therefore, the Board of Health orders Ms. Paine to stop feeding the pigeons. This letter is to be sent certified and hand delivered. (Frank Zarek - Clerk Rosenberg - All in favor) Aldo Certuse - 151 Oakland Street Mr. Aldo Certuse approached the Board and stated that he would like to lodge a complaint against the Nabisco plant which is directly across the street from his home due to the smell and the noise pollution which it generates. He stated that the noise goes on seven (7) days a week, 24 hours a day. He would like to know if the Board of Health can do something to make them cut down on the noise. Chairman Tartufo stated that this plant can be monitored for the noise level. Motion: To send a letter to Nabisco stating that the Board has received a complaint of the excessive noise at the plant on Oakland Street and would like to be notified of any corrective action that the plant plans on taking. (Frank Zarek - Clerk Rosenberg - All in favor) REPORT OF HEALTH AGENT PLANS Mr. Ronald Bonvie Lot IA Ware Street Mr. Ronald Bonvie Lot 3A Ware Street Mr. Ronald Bonvie Lot 5A Ware Street Mr. Ronald Bonvie Lot 2A Ware Street Mr. Ronald Bonvie Lot 4A Ware Street Mr. Paul Folkman Lot 1 Shannon Lane Mansfield Board of August 29, 1985 Page 5 Mr. Paul Folkman Lot 2 Shannon Lane Mr. Paul Folkman Lot 5 Shannon Lane Health Minutes Mr. Ronald Bonvie Lot 22 Windchime Drive Mr. Ronald Bonvie Lot 38 Windchime Drive Mr. Donald Baker - Lot 10 Maple Street Mr. Paul Folkman Lot 3 Shannon Lane Mr. Ronald Bonvie Lot 14 Windchime Drive Mr. Ronald Bonvie Lot 30 Windchime Drive Mr. Ronald Bonvie Lot 46 Windchime Drive Karl S. Drown, Health Agent, stated that the water table has been adjusted for this lot and everything seems to be in order. Motion: To approve the plans for Lot 10, 963 Maple Street. (Clerk Rosenberg - Peter Fontanini - All in favor) PERCOLATION TESTS Mr. Steven Benoit 5 Jewell Street Mansfield, MA 02048 Corner of School Street & New Route 140 Motion: To approve the percolation test subject to the system being designed around test hole No. 1 or No. 2 with the water at 18" and also sub- ject to the submission of a definitive plan showing the design and layout of the septic system. (Louis Diamond - Peter Fontanini - All in favor) Mr. Nicholas C. Harris Universal Realty Trust 29 Hudson Road Sudbury, MA Lot 1, 210 Balcom Street Motion: To approve the percolation test based on a water elevation of 78" and also subject to the submission of a definitive plan showing the design and layout of the septic system. (Clerk Rosenberg - Peter Fontanini - All in favor) Alliance Realty Trust 294 Harvard Street Brookline, MA Lot 1 Eric Road Motion: To approve the percolation test for Lot 1 Eric Road based on the system begin designed around test hole No. 2 with the water at 72" and also sub- ject to the submission of a definitive plan showing the design and layout of the septic system. (Clerk Rosenberg - Louis Diamond - All in favor) Alliance Realty Trust 294 Harvard Street Brookline, MA Lot 2 Eric Road Motion: To approve the percolation test for Lot 2 Eric Road based on the system being designed around test hole No. 3 or test hole No. 4 with the water at 36" and also subject to the submission of a definitive plan showing the design and layout of the septic system (Peter Fontanini - Clerk Rosenberg - All in favor) Mansfield Board of Health Minutes August 29, 1985 Page 6 Karl S. Drown, Health Agent, stated that he has performed a percolation test for Walter Bogdanchek for a lot on West Street which is to be part of a sub- division which is to be submitted. The Board decided to table the discussion of this percolation test until the subdivision is submitted. *Chairman Tartufo left the meeting room at 9:10 P.M. Mr. Robert G. Moore 35 Walker Street Norton, MA 02766 Lot 10 Elm Street (Part of Lot 7, Map 13) Motion: To approve the percolation test for Lot 10 Elm Street based on the system being designed around test hole No. 1 or test hole No. 2 with the water at 66" and also subject to the submission of a def- initive subdivision plan showing the design and layout of the septic system. (Peter Fontanini - Frank Zarek - All in favor) Mr. Steven Benoit 5 Jewell Street Mansfield, MA 02048 517 Elm Street (rear lot) Motion: To approve the percolation test for 517 Elm Street based on the water at 66" and also subject to the submission of a definitive subdivision plan showing the design and layout of the septic sy- stem. (Frank Zarek - Louis Diamond - All in favor) *Karl S. Drown, Consultant left the meeting room at 9:15 P.M. Camelot Realty Trust /Broderick 600 Washington Street Boston, MA Camelot at Mansfield, Williams & Tremont Street Lot 28 Camelot at Mansfield Motion: To approve the percolation test for Lot 28 Camelot at Mansfield subject to the system being designed around test hole No. 1 and the water being 60" and also subject to the submission of a def- initive subdivision plan showing the design and layout of the septic system. (Frank Zarek - Peter Fontanini - All in favor) Camelot at Mansfield, Williams & Tremont Street Lot 7 Camelot at Mansfield Motion: To approve the percolation test for Lot 7 Camelot at Mansfield subject to the system being designed at water table of 20" and also subject to the submission of a definitive subdivision plan showing the design and layout of the septic system. (Frank Zarek - Louis Diamond - All in favor) Camelot at Mansfield, Williams & Tremont Street Lot 6 Camelot at Mansfield Motion: To approve the percolation test for Lot 6 Camelot at Mansfield subject to the system being designed a water table of 20" and also subject to the submission of a definitive subdivision plan showing the design and layout of the septic system. (Frank Zarek - Louis Diamond - All in favor) Mansfield Board of Health Minutes August 29, 1985 Page 7 Camelot at Mansfield, Williams & Tremont Streets Lot 35 Camelot at Mansfield Motion: To approve the percolation test for Lot 35 Camelot at Mansfield subject to the system being designed at a water table of 18" and also subject to the submission of a definitive subdivision plan showing the design and layout of the septic system. (Frank Zarek - Louis Diamond - All in favor) Camelot at Mansfield, Williams & Tremont Streets Lot 12 Camelot at Mansfield Motion: To approve the percolation test for Lot 12 Camelot at Mansfield subject to the system being designed at a water table of 12" and also subject to the submission of a definitive subdivision plan showing the design and layout of the septic system. (Frank Zarek - Louis Diamond - All in favor) Camelot at Mansfield, Williams & Tremont Streets Lot 14 Camelot at Mansfield Motion: To approve the percolation test for Lot 14 Camelot at Mansfield subject to the system being designed at a water table of 72" and also subject to the submission of a definitive subdivision plan showing the design and layout of the septic system. (Frank Zarek - Louis Diamond - All in favor) Camelot at Mansfield, Williams & Tremont Streets Lot 33 Camelot at Mansfield Motion: To approve the percolation test for Lot 33 Camelot at Mansfield subject to the system being designed at a water table of 18" and also subject to the submission of a definitive subdivision plan showing the design and layout of the septic system. (Frank Zarek - Louis Diamond - All in favor) Camelot at Mansfield, Williams & Tremont Streets Lot 26 Camelot at Mansfield Motion: To approve the percolation test for Lot 26 Camelot at Mansfield subject to the system being designed at a water table of 96" and also subject to the submission of a definitive subdivision plan showing the design and layout of the septic system. (Frank Zarek - Louis Diamond - All in favor) Camelot at Mansfield, Williams & Tremont Streets Lot 32 Camelot at Mansfield Motion: To approve the percolation test for Lot 32 Camelot at Mansfield subject to the system being designed at a water table of 44" and also subject to the submission of a definitive subdivision plan showing the design and layout of the septic system. (Frank Zarek - Louis Diamond - All in favor) Camelot at Mansfield, Williams & Tremont Streets Lot 31 Camelot at Mansfield f Motion: To approve the percolation test for Lot 31 Camelot at Mansfield subject to the system being designed at a water table of 96" and also subject to the submission of a definitive subdivision plan showing the design and layout of the septic system. (Frank Zarek - Louis Diamond - All in favor) Mansfield Board of Health Minutes August 29, 1985 Page 8 Camelot at Mansfield, Williams & Tremont Streets Lot 29 Camelot at Mansfield Molten: To approve the percolation test for Lot 29 Camelot at Mansfield subject to the system being designed at a water table of 84" and also subject to the submission of a definitive subdivision plan showing the design and layout of the septic system. (Frank Zarek - Louis Diamond - All in favor) Camelot at Mansfield, Williams & Tremont Streets Lot 30 Camelot at Mansfield Motion: To approve the percolation test for Lot 30 Camelot at Mansfield subject to the system being designed at a water table of 96" and also subject to the submission of a definitive subdivision plan showing the design and layout of the septic system. (Frank Zarek - Louis Diamond - All in favor) Camelot at Mansfield, Williams & Tremont Streets Lot 25 Camelot at Mansfield Motion: To approve the percolation test for Lot 25 Camelot at Mansfield subject to the system being designed at a water table of 46" and also subject to the submission of a definitive subdivision plan showing the design and layout of the septic system. (Frank Zarek - Louis Diamond - All in favor) Camelot at Mansfield, Williams & Tremont Streets Lot 21 Camelot at Mansfield Motion: To approve the percolation test for Lot 21 Camelot at Mansfield subject to the system being designed at a water table of 24" and also subject to the submission of a definitive subdivision plan showing the design and layout of the septic system. (Frank Zarek - Louis Diamond - All in favor) Camelot at Mansfield, Williams & Tremont Streets Lot 20 Camelot at Mansfield Motion: To approve the percolation test for Lot 20 Camelot at Mansfield subject to the system being designed at a water table of 26" and also subject to the submission of a definitive subdivision plan showing the design and layout of the septic system. (Frank Zarek - Louis Diamond - All in favor) Camelot at Mansfield, Williams & Tremont Streets Lot 11 Camelot at Mansfield Motion: To approve the percolation test for Lot 11 Camelot at Mansfield subject to the system being designed at a water table of 14" and also subject to the submission of a definitive subdivision plan showing the design and layout of the septic system. (Frank Zarek - Louis Diamond - All in favor) Camelot at Mansfield, Williams & Tremont Streets Lot 34 Camelot at Mansfield Motion: To approve the percolation test for Lot 34 Camelot at Mansfield subject to the system being designed at a water table of 30" and also subject to the submission of a definitive subdivision plan showing the design and layout of the septic system. (Frank Zarek - Louis Diamond - All in favor) Mansfield Board of Health Minutes August 29, 1985 Page 9 Camelot at Mansfield, Williams & Tremont Streets Lot 8 Camelot at Mansfield Motion: To approve the percolation test for Lot 8 Camelot at Mansfield subject to the system being designed at a water table of 20" and also subject to the submission of a definitive subdivision plan showing the design and layout of the septic system. (Frank Zarek - Louis Diamond - All in favor) Camelot at Mansfield, Williams & Tremont Streets Lot 9 Camelot at Mansfield Motion: To approve the percolation test for Lot 9 Camelot at Mansfield subject to the system being designed at a water table of 30" and also subject to the submission of a definitive subdivision plan showing the design and layout of the septic system. (Frank Zarek - Louis Diamond - All in favor) Camelot at Mansfield, Williams & Tremont Streets Lot 10 Camelot at Mansfield Motion: To approve the percolation test for Lot 10 Camelot at Mansfield subject to the system being designed at a water table of 26" and also subject to the submission of a definitive subdivision plan showing the design and layout of the septic system. (Frank Zurek - Louis Diamond - All in favor) Camelot at Mansfield, Williams & Tremont Streets ` Lot 24 Camelot at Mansfield Motion: To approve the percolation test for Lot 24 Camelot at Mansfield subject to the system being designed at a water table of 62" and also subject to the submission of a definitive subdivision plan showing the design and layout of the septic system. (Frank Zarek - Louis Diamond - All in favor) Camelot at Mansfield, Williams & Tremont Streets Lot 22 Camelot at Mansfield Motion: To approve the percolation test for Lot 22 Camelot at Mansfield subject to the system being designed at a water table of 52" and also subject to the submission of a definitive subdivision plan showing the design and layout of the septic system. (Frank Zarek - Louis Diamond - All in favor) *Chairman Tartufo re- entered the meeting room at 9:35 P.M. *Karl S. Drown, Consultant, re- entered the meeting room at 9:35 P.M. NO PERC APPLICATIONS NO RESTAURANT INSPECTIONS OLD BUSINESS A. The Board of Health discussed the septic system problem at 561 -563 [dare Street from a dwelling owned by Mr. Samuel Talavera. Karl S. Drown, Consultant, stated that this case will be going to court. Mansfield Board of Health Minutes August 29, 1985 Page 10 NEW BUSINESS A. The Board of Health discussed the "Agreement for Health Services" which has been drawn up between the Town of Mansfield Board of Health and Karl S. Drown, Consultant. Chairman Tartufo stated that the number of hours which Mr. Drown can work a week should be limited to 10 hours and if it should go over 10 hours per week it must have Board of Health appproval so that the Health De- partment does not over expend their budget. Motion: To sign the "Agreement for Health Services" which has been drawn up between the Town of Mansfield Board of Health and Karl S. Drown, Consultant. The pay is to be $25 per hour for no more than 10 hours per week without prior approval from the Board of Health. Mr. Drown will be taken on as a temporary part -time employee of the Town of Mansfield. (Clerk Rosenberg - Peter Fontanini - All in favor) *Karl Drown left the meeting at 10:30 P.M. B. The Board of Health discussed subdivision plans for "Massapoag Estates" pre- liminary subdivision; it was noted that there is no stump dump on this plan. Chairman Tartufo stated that from this point on, subdivision plans that do not have stump dumps will not be approved by the Board of Health. C. The Board of Health discussed the issue of Raymond Goddard's home at 496 Ware Street and the fact that it is unfit for human habitation due to the formaldehyde insulation. Motion: To condemn Raymond Goddard's home at 496 Ware Street for human habitation due to the fact that formaldehyde insulation exists in this home; this home shall not be lived in until all form- aldehyde is removed. These decisions have been based upon the reports which Mr. Goddard has submitted to the Board of Health which state that this home is unfit for human habitation because of the level of formaldehyde insulation which exists there. (Frank Zarek - Peter Fontanini - All in favor) OLD BUSINESS A. The Board of Health discussed the Order of Conditions which were sent out to the State concerning the Hercules Dump Site. This Order of Conditions has been reviewed by the Town Manager, Town Counsel and the Board of Health and everything seems to be in order. NEW BUSINESS D. The Board of Health reviewed the applications for the position of Health Agent and will invite five (5) applicants in for interviews on Wednesday, September 4, 1985, starting at 7:00 P.M. The following people will be in- vited in for interviews: Bruce English, Holly R. Fannon, Scott Leite, Jane E. Kelleher and David Opatka. E. The Board of Health discussed Foxboro Terminals, Inc. The Board has gotten no response from Foxboro Terminals, Inc, on either of the two meetings that 1` were arranged between them and the Board of Health. Chairman Tartufo would like to hold a public hearing because there is a potential. nuisance should this be approved. *Louis Diamond left the meeting at 11:00 P.M. Mansfield Board of Health Minutes August 29, 1985 Page 11 (� F. The Board of Health received a letter from Charles River Pollution Control requesting use of Mansfield's sludge landfill. Chairman Tartufo stated that there is not adequate room in the landfill for this request. Motion: To deny the request of Charles River Pollution Control for use of Mansfield's sludge landfill. (Clerk Rosenberg - Frank Zarek - All in favor) E. Foxboro Terminals, Inc. - Continued - There was discussion as to whether the Board should obtain approval from Town Counsel before proceeding with a public hearing, and. also ascertain that the Town still holds liability in- surance for the various boards should this issue go to court. Chairman Tartufo will speak with Town Counsel on this issue. An.T(IIIRNNANT Motion: To adjourn the Board of Health meeting of August 29, 1985, at 11:20 P.M. (Frank Zarek - Peter Fontanini - All in favor) CLERK DATE