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HomeMy WebLinkAboutBOH Minutes 7/6/1983AUG - 1 1984 BOARD OF HEALTH MINUTES JULY 6, 1983 Present: Chairman Tartufo, Clerk Rosenberg, Frank Zarek, Peter Fontanini, Health Agent Drown. Meeting called to order at 7:30 PM. Agenda was taken out of order. 1. Visitors Town Manager Chad Maurer RE: Licenses The Town Manager approached the Board with the problem of the Health licenses. Due to proposition 2z, many positions were relieved of up in the front of the Town Hall. As a result, some of the work load must be relieved, and one way is for the Board of Health to take responsibility of their own licenses. The Board feels that 20 hours a week is not enough time for the secretary to complete the licenses and the work needed for the Board of Health. Mr. Maurer said that a trial run would be appropriate and that if any problems arise, back up assitance would be available. A meeting then would be scheduled with the Town Manager to iron out any problems. The question of extra money for the Board arose. The Board should be able to receive extra money to buy permit books and extra money should be granted for the secretary in case of the work load being so great that extra hours are needed in order to complete the work given. An agreement was made to try the licenses and if it does not work, another plan would be placed into action. Minutes of June 22, 1983 will be voted on at the next meeting. The last two pages need to be typed again. 2. Plans Joe Nfresne 82 Ware Street Lot #2 Motion: To approve the plans and the Perc test. (E. Rosenberg -P. Fontanini, all in favor) Hearing Hearing of John D. Andrade Motion: To approve the hearing adding the line for the Clerk to sign (E. Rosenberg -P. Fontanini, 3 in favor, 1 abstained) 3. Licenses House of Manna Motion: To approve, pending inspection. 440 Elm Street (E. Rosenberg -P. Fontanini, all in favor) Retail Food Service Board of Health July 6, 1983 Page Two D.E. Hoyle Construction Company 86 Oak Hill Avenue Seekonk, MA Disposal Works Installer's Permit Motion: To approve (F. Zarek- P. Fontanini, all in favor) Peres George L. Ward. Jr. 17 Essex Street no water was hit Motion' To approve (P.Fontanini- E.Rosenberg, all in favor) Michael J. & Carol G. Cook 526 West & Williams Street 132" no water Motion: To approve (P. Fontanini, E. Rosenberg, all in favor) 5. Correspondence Planning Board Minutes of June 1, 1983 Planning Board Minutes of an Emergency Meeting of June 10, 1983 A letter was received from a Mr. Christopher Tilden, Chief of Hazardous Materials and Solid Wastes. The letter concerned the solid wates at the Hercules Dump Site. A letter was received from the Town Manager (carbon copy of a letter sent to Mr. Tilden). This letter is a response to Mr. Tildon concerning the letter he sent to the Board of Selectment concerning the Hercules Dump Site. Two letters were sent to the Board of Selectmen. The first one concerning the quality of the wells in West Mansfield. The second letter was to the Board of Selectmen concerning the Lime Injection Program. The Board is concerned as to why this program has not yet been started. Adjournment at 8:26 PM. (F. 'Zarek -P. Fontanini, all in favor) to i Public Hearing John D. Andrade June 29, 1983 AUG - 1 1984 Chairman Tartufo: The purpose of the meeting tonight per hearing requested by Mr. Andrade and a letter was sent to Mr. Andrade on June 7, 1983.by the Health Agent citing a violation for the Town's Regulations dealing with abandoned and improper storage of vehicles And viblAtion of the general laws Chapter 111, Section 150A, 4fid 140B. According to the letter sent to Mr. Andrade he is entitled to a hearing if he so desires within fourteen days of being notified. He requested with Karl to have a hearing which was set up tonight. Mr. Andrade, 158 Were Street: My name is Mr. Andrade, and the reason why I'm here is bboause.awhat h was- 61ted� for has been going on for the last forty years. I wasn't really aware that I was doing something drasticlllj. wrong. A couple of years ago I was approached for junk cars and scrap items, at which time I submitted a letter to Mr. Cook. Up untill just now I haven't heardr.a word in regards to what I have been doing. Upon this last letter I did receive I said well let get in here andfind out what I should do and what I shouldn't do in order to continue what I am doing.. If I have caused any inconvenience or may be threatful to anybody; I am sorry for doing any. The only thing I can say id that before me my father was doing it, before my father my Uncle was there, my Aunt used to have &second hand business there at one time. It goes all the way back to my Grandfather who purchased this property way back in the early 1900'x. What I have done just recently, I have started to put up a fence so that the things that I do have can only be seen from the road:. My immediate neighbors that I talk to have no qualms „ but they suggested that since I am putting the fence up, that might be better, instead of them just coming straight out and approaching me with the problem. Outside of that I have no neighbors at the rear of me, -.It's all forestry and Canoe River. So at this point, what I'm doing is conforming, I don't know where -to go from here. If you have any suggestions I'm willing to listen. Chairman Tartufo: Some of the items you mentioned, you talked with Bert Cook. The Building Inspector is responsible for enforcing the Zoning Laws and By -Laws, and the Board of Health would be responsible for enforcing Health Regualtions and general'.laws pertaining to Health, in this case storage of vehicles, operAting salvage yard would be silent of a location, I could paraphrase maybe what Chapter 150A says; just:.pertains to private and public dumping grounds, assignment of place,appeal, public hearings, maintenance, anc cooperation, enforcement, fee: hsh, permittted to uses and disposal. And Chapter 140B deals with Control of certain junkyaads by; definitions, establishment or maintenance of bunkyyars, locations, Rules and Regulations, Screening or relocation of junkyards, non - conforming junkyard nuisance; abatement, violation; enforcement: penalties. "You say that maybe your family your father, your uncle have been operating that for a number many of years, again, Mr. Drown's responsiblility is to enforce what those regulations are. I wish I could maybe if somebody was back maybe forty years ago whether these rule were enforced or when the state laws were passed Vhen town laws were passed, maybe something should have been done at that time. Sometimes things tend to grow and get larger,,, and increase in size and that's when it may become a concern or a problem. i John D. Andrade Hearing Page two Mr. Andrade: I would also like to stipulate at this point too that the rebenues that I do make go directly back into the town, it is not something that I have been taking it out of the town. My parents have been here for I don't know how long, my grandfather too, and we haven't taken anything from the town and we contributed someplace else. I am sure that if you go thru anit bills that I owe, you won't find any outstanding bills anyplace. At the same aspect I'm saying what am I doing wrong. I'm just trying to survive. Clerk Rosenberg: Do you mind if I ask what the nature of the business that you're running. Mr. Andrade: Well, I deal with scrap. If you have an old car in your yard, somebody has to take it out. So they call me. Ninety percent of the people in Mansfield I have dealt with at one time or another. Whether it's to help them on the road or to tkkke an old car out of their yard and dispose of it. Clerk Rosenberg: What do you do with the fluids in the car? Mr. Andrade: The fluids? Chairman Tartufo: Oil Transmission Clerk Rosenberg: Brake fliud, battery acid, Mr. Andrade: That stays in the car. Peter Pontanini: How about the anti-freeze? Mr. Andrade: If it's good anti- freeze I use it myself. Clerk Rosenberg: on the average, how long would you `hay that you keep a car in your yard? Mr. Andrade: I'd say maybe five or six days. Clerk Rosenberg: one of the reasons I asked the question ....... Mr. Andrade: I have a blue truck in the yard right now, which is my personal vehicle, It was hit and run by a stolen car so they claim. I ca:l't dispose of that until I get the final status from the insurance company. Clerk Rosenberg: Understandable on our part. Mr. Andrade: I have also got a 56' ford that has been parked in my yard for a while. That is an antioue to me and I used to drive it around. I'm undecided as to what to do with it. Clerk Rosenberg: The reason I asked the cuestion of what you do with the fliud, several years ago there was a gentleman in town that wanted to put a Class 3 Junk yard, not too far from where you live, and there was a big public hearing about it. The request for that license was denied by the Selectmen, as I remember, one of the reasons why-•it was denied, one of the people that spoke l at that hearing, spoke of the potential dangers those types of fluids sitting in a vehicle for a certain amount of time, mofiths whatever, corroding whatever stores leaking into the ground getting into the ground water. That's why John D. Andrade Hearing Page three I was concerned with the fluids. Mr. Andrade: I can understand that.. As far as the fliuds like that,I don't even have to take the transmission fluid out. Chairman Tartufo: Any other-questions? Peter? Peter Fontanini: Well, there must be some solution to this problem, we can apply for a license that-governs this. Chairman Tartufo: Now if you say that you have been operating the salvage yard for forty years, in order to do that, you should have a class 3, class 2 Clerk Rosenberg: Class 2 license lets you buy or sell, where a class 3 license is':for',a salvage yard. Chairman Tartufo: They would have to issue a license for this, we would have to give you citing approval in order to operate. They would be the ones to charge the fee. The Board of Selectmen. Health Agent Drown: You would probably ahve to see the Town Manager, the Selectment, then the Building Inspectov and he would have to check the zoning since you are in an agricultural zone. Peter Fontanini: But if this has been going on for the past forty years on his property, then this is strictly between the Building Inspector and the Board of Selectmen . Chairman Tartufo: Many people will say that It's your responsiblility, and you wind up getting caught in the middle, and you feel like you have been tossed around from Board to Board, and we're hoping that that won't happen to you. Nobody likes to be put in that position. We don't know what the correct answer is. Peter Fontanini: The license would solve the license. As far..as. what he does with the fluids, that's under our jurisdiction. Then we can look into that. That way if he gets the license now, he'll be covered for ever, unless he does something to jeopardize the license. Chairman Tartufo: I would think that the if the Selectmen were to grant the license, then we could set guidelines.as to how you would operate that. Such as maybe placing that fence, or what you would store, how you would store it, what you would do with things such as the batteries, or as Ed Rosenberg said, the anti=freeze, brake fluids, transmission fluids. Mr. Andrade: Usually if you get a scrpp car, that yould already be taken out of the car. Chairman Tartufo: We have gone thru quite a bit of this as far as the Health Agent enforcing the Regualtions, and our position in the past was to handle them as the complaints would come in, but within the past few years Mansfield has begun to expand and instead of somebody operating .... recently the Selectmen seht us a letter requesting that we enforce the junk car Regulations because of the number of cases throughout the town. John D. Andrade Public Hearing Page four And back maybe about ten years ago, there was a crack down on the number of violators in townrarid they cleaned it up. Now it has just started to mushroom again. I don't know ;,how many letters such as that first one that you received that Karl has sent out, but there has been a big number. There's growing concern in the community because of that. I think that what I would request from the"Board is that we take a motion that would take this under advisement which means we would vote to take this under advisement that would stay on hold until we can read some kind of determination, or until you take some type of action such as meeting with the Board of Selectmentfor your receiving that Junk License. Mr. Andrade: Meanwhile, I could take steps to persue the license Chairman Tartufo: I hope that this isn't bouncing this back and forth from one Board to the next, like taking the dollar on it. Maybe it might be beneficial for you to persue the application. We'll give you as much oppurtunity and as much chances to to solve that problem. And once that has reached a final determination, then we'll come back and decide something. Clerk Rosenberg: Karl, question. On the Whitman & Howard Maps.; the water flow on Branch Street flows basically the same as Compo, flows down to Canoe River. Health Agent Drown: Yes, straight to the Landfill. Mr. Andrades land �. sorti.of goes down. Clerk Rosenberg: If- anything leaked. Mr. Andrade: There used to be a sand pit back there, and there's plenty of gravel there now, to supply for any drainage. Clerk Rosenberg: If anything leaked, by the time it got down there, got into Canoe Rivers, it would be deluted I would think. Health Agent Drown: Hazardous Waste doesn't consider delution. Acid doesn't delute to easily and neither does oil, and anti - freeze is very bad. Clerk Rosenberg: Well that's the only concern:I think I would have. The flow of the fluids. Health Agent Drown: He's a good distance away. Clerk Rosenberg: Two years ago, Whitman & Howard were the Town water consultants and did a whole series of maps that showed the water flows I would be concern about the proper handling of the carsdas.far.,aS the,, fluids, making sure they don't leak -out. As long as the neighbors have no problem with what he's doing. John D. Andrade Public Hearing Page five Chairman Tartufo: Why don't we take an advisement so that he come back to us. I think it's best that we do that mainly because of the type of situation we have as far as operating of the business and because we don't have a full Board present. Clerk Rosenberg: I'll make a motion to take the matter under advisement untill a meeting with the Board of Selectmen. Chairman Tartufo: Motion by Ed Rosenberg end seconded by Peter.. Motion approved. It is now 7:50, I'll close the hearing. Hearing Adjourned at 7:50 PM. DATE IllJl}!