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HomeMy WebLinkAboutBOH Minutes 9/22/1976a, 0 BOARD OF HEALTH M I NUTES September 22, 1976 Present: Chairman Clermoy, Clerk Secher D. Benson, F. Jones 1. Minutes of September 15 Motion: Approve (Secher- Jones, Clemmey In favor; Benson abstaln) VOTED Correspondence Memo from Town Manager regarding budget Copy of Inspection from Stage of Fernandes Market From Southeast Association of Boards of Health _ Fall meeting From SRPEDD - water quality From Dana Perkens & Sons, consulting engineers ,Application for food license for Jaycee's Haunted House project From Community Health Agency - members to serve on Board of Directors From Commonwealth of hiss - revisions of Articis 2 State Sanitary Code 3. Chairman signed construction works permits for lots 46, 52 and 53 on Surrey Drive on September 16 Motion: Approve lots 46, 52 and 53 Surrey Drive Village Estates (&the- Jones, all in favor) VOTED 4. Chairman received call from Laura Chapmon advising that Red Cross wants to be notified when Board is hold flu clinic. They are available for any assistance needed. 5. Foxfield Estates - Chad Nurer advised that Planning Board approval is for lots 1 and 2 and if rerfaining 2 lots are to be developed further, approval is needed from the Planning Board Motion: To waive further testing on lot 1. Lot 2 has to be tested by our engineer when the perc season opens (Secher- Jones, all in favor) VOTED Motion: To grant a one year extension on pore test on lot I (Secher- Benson, all in favor) VOTED ( 6. Motion: To go into Executive session to discuss matter of repair of septic system onjonnedy` property, 64 Williams Street (Secher- Jones, Beisi'n in favor; Clemmey opposed) .VOTED Motion Is made becau;e foard would he discussing personalities and we will he discussing the:neputation of peoplu. Meeting will he open following discussion. S Y , September 22, 1976 - 2 Potion: To go back into open session (Secher- Jones, all in favor) VOTED 5 :20pm 7,, Budget for next year eriII be discussed on October 6 8. Application for Jaycee's food license - ask them to cane In next week for discussion 9. Swine Flu clinic, Contact Joe KowalI for up -date. 10. Chairman excused himself from the meeting 9:30pm Motion: to make Dick Secher temporay Chairman for the rest of the meeting (Jones - Benson, all in favor) VOTED 11. Board discussed regulations changes with Bert Cook. D. Benson will re -write regulation 4, for discussion next week. Discuss further with full Board. 12,. "F -, Jones advised that Stivaletta will be applying for another building pethlit on the next lot, in order to get the foundation in before winter. F. Jones will contact him to have him come in next week to discuss further. 13. ,on -site sewage test Bogdanehik 1610 West Street Motion: Approve ( Jones - Benson, all in favor) VOTED Franklyn Alien - 673 Ware Street Motion: Deny at this tirae, lot may be re- tested in the spring to get true ground water reading (Jones- Benson, all in favor) VOTED f4. Schofield Bros, proposal for on -site sewage work for next year. Discuss With full Board next week. 15. Plans for Jamcs Wood, 651 Ware Street and Walter Bogdanrhik 1610 West Street sent to Dunn for review, 16. Board discussed the status of testing to he done at the $anitary Landfill site. Town Manager advised Whitman and Howard has installed four vie] is and have taken some lab work from them. They will also test again in the wet season. D. Benson will check with 7oti•:n Manager to sec: if of Whitman °6 Howard's letter of June 3, 1976 is being compliedland report back,to the Board next week. 17. D. Secher advised he observed a cesspool being pumped by Hurley and Dooley ( and did not believe; they had a license. Motion: To send letter advising them they are rtaqulred to have a .license to compy with Board's regulations Jones- Benson, all in favor) VOTED 17- Ration: Adjourn 8 nsvn- Jones, all in favor) ,VOTED 10 30p ( .r . Clerk - l.. ='— Date !' cxe Live Sessi��n September n 197,6 Board of Health Mr, Terrence Kennedy, Attorney David Brauer, AI Ien L. Wi I1 is, Jr„ Bert Cook To discuss repair of Kennedy septic system, fit Williams Streety installed by Willis, Brauer: representing Kennedy 64 Williams Street, letter your stating in violation of regulation 18 requested that he take !mmodiate steps to ,correct problem,that he created and inform Building Inspector. We are prepared to submit to the Board as to what was said if you check with the conclusion from the,test you will find that there is no problem. We have checked with the State Board, We are satisfied that 'there is no pollution here, State Water Pollution Control. If you go back to the original testing lab they will confirm that. The conclusion drawn in the letter is not substantiated by any of them, Kennedy:, Before we had a chance to do some homework I offered to block that pipe, 1 am now withdrawing that and I propose to do nothing and that is my stand. We.are asking you to verify this test result and we think they will, Secher: During the week bn my own I called Norwood Lab and Reilly Lab and tread the results of the test. Initially Norwood Lab said that it w -s a problem. For surface drainage this is not a high count. This was confirmed by Reilly Lab. Les Gaynor also confirmed it, t I called the State lab. Building Inspector: I contacted Mahoffalout of Leakeville Water Pollution Control. He said it was negligible, Tony Vento said the same thing, Benson: I am satisfied with the reports, I ask the Beard and the Building Inspector ..,....verbal answers are fine but 1 could like to see written 'confirmation, Srcher: Ask Norwood Lab to explain what this means, 'think it was a misunder- standing with what we were looking for•. Kennedy: would like to request that the Hoard write a letter addressed to my Al fe apologizing for what you have put her through for two weeks, Jones" Think that the Board acted too hastily. Think the Board has harmed Mr. Willis, ....... Think we made a mistake, we went too fact. Clemmey: There was an acquisation made that this pipe was hooked up, Willis: State that this pipe does not exist to my knot:ri'edge. Kennedy: I am not aware of anything with respect: to that system and especially that pipe. �j Benson: The only thing,is I would like to have something in writing Clemmey: I would like to ask Kennedy and his attorney if you would mind retestin it? y Brauer: We object to that. Clemmey" This has nothing to do with drinking water. We had fecal v� a count Pq, h, in 1 !�t..r;; n, A: that I have a'drain tuoning Now frojni_ to No roar ahhd that there is an exceptional amount of water, also backed up into the house. In the meantime sewage has in fact run through that drain, The only problem that exists is between Mr. Klenk and myself, He has made a serious asquisation which he is going to have to answer it. I agree that some action had to be taken but not with the trey it was done. Clemmey: I can't w4.. the problem ... our letting our engineer looking at it. It is against; the regulations to put a pipe to the brook, Secher: You want to have an engineer down there based on a grudge that is basically a civil matter. Benson: Would you have any objection to Mr. Cook taking a second sample just so that we can get a written confirmation. Brauer: I have advised my client that he should go to court now. All we need is another lest to loose the sale of the house. You clearly have a job to do but you have done it and got the results. But 1 don't get why you want to do that, ( On the basis of an unsubstantiated complaint. Willis: I did0 t0ave_ta: come here tonight. I am not worried about. my reputation. My only concern is the Kennedy's at this point they are kind of fed up with this town. They are involved in a purchase and sale agreement and it is very likely that it could fill through. Your chairman came out of this room and stated" we have finally got Allen Willis ", It w0 said and I ray have to prove it in court, Clemmey: never said that. Willis: Also,' it has been said by Nr. . Clemmey that we will take Allen Willis' license Clemmey" Don't know how you can, say things like that. Willis: Mr, Kennedy, will you repeat with Mr. Clemmey said, Kennedy: Last Saturday evening Karl Clemmey came down to the house told me he wanted to go get engineer down did in fact say we are going to pull alien willis' license, Clemmey: You asked me how it would effect him. 1 said we would ?oow bl_y i.s 17 -c t __ s � lilt ii r pl, q. [`t),1C :1. -� i - I Ann ,V � " -.t lJJ .. n .'.T1 � ''I' �` ill1rt151i., � D a t py __roso on, 01 mm ioiL't `yna r 0 i 'a l' it in W2 iL Sentombar 22, 1976 Irn -1_? 1 UM Gifli , .`j if PIS Ara. i,�"Tl[1_ed ) '/l..l_ i_, , - L .. _n _o at nry t prohl -. , I .:_l_�,.>O -1 _O., rii5 you. 1 - _n ,,_ _ i` i Y joh is n v t .. r -. I no SANOW 1�[ Jana I f , lint �r of 1 -n _ L rim � n i t a F,rm nor. 1 t_ c �l is ;, DroAl , i _ _ is no 1 nmim" fill in. ' 40 ��wl- thinn his u � v i__ `c'on has,or_c vc -, bell-, . It. _`c r nod V"qAvnv 1.n _ tll' 3c1.4;aort: i still _ ,.•olr.l.d 1W to h -. o. - 1.' m w: :t ;on Knm ^, ?,d f_ro, d11= fn-rnt l s, i world 1410 wit" ,. r.,.,_, ,.rrr. at K_ :. tr ,c. r. t.oul_o you C'?l_l . -bof Fn ' is OF K C1 For i i0a.. t: l Rraur r: 111'_1: cvoul.rl b- very nw in . -511. to an. i.ti` ,'_11'i 011- .io�l^ 3004-r: VIA in inst For bicnun, r. r� �. Awilmr: If _ve l hn do confirm All you tnQD inpon _ . - -,:r Cann 1.1Q , ! will. do that. 1. ,,.1 I to : Y417 no -_t: N- 111 -1l_i:h _ r;1_,son: (1olriri!_dA ON 'Ou _ _ t _ ltvt, 0 it t 1t 1.0 o)'.. ,, I1enr 500 non 'lo c:° _ to t' ' oacn, 1:5-- n W t n, 1 a c.a,Ldrit ( ,gil0'1t 7 ''�'� -1, rllTl` Oii.0 i:O ';) "�;:, : r _ . t,5 pi pc I: -t' +t it do_., not mvqa .,_m, to nho nom-o,^ co- . in t "_;_ unt out. .lrnuer : on i. UI t a v- - ; d u:_^ t NtAml At. .:>.nscn: Do -on f_ql _ifn t is v Lair?.,.... 012 -'.7: volt nn-inst U3 tK _Pol- :. said it w,s .I7 _„ l- 1.n.y 'n of Q -- 1 l ... 1 lil^ mv: :,a '_3 _)R g -ir Wt Lost nvo 11 o'_ ^oi`�. '.l. -e so'.,, not cl•a_ -i to .Va...... 'orison: I i1lLnk 57t wi limn 1W ^_ {_.- .. -i., took,;a2 thn _mw r to t e. o oblem. Bo - & Ell, T y: If t py __roso on, 01 mm ioiL't `yna r 0 i 'a l' it in W2 iL Irn -1_? 1 UM il'S l .'t no l'1.:'f' t Wot tn it ., m 'a C '.at /Oil nrn v t .. r -. I no SANOW r ;'.ot %on: Wt we is mrit'.:-n co i" i__ `c'on 08 co ,. ._ core. .. ; i 11 c`tn It. _`c r nod V"qAvnv 1.n _ tll' t i ` -- 1 _ 1` r 1:,m. moo t: l 11101 1 i.ti` ,'_11'i 011- .io�l^ '.l t) i. r. r� �. , Secher: There is no distinction butwteen humin and animal, so it dousn't necessarily prove that. Clemmey: I think our engineer should look at it. I don't thing we are qualified. All we have to is go take the cover off the pit and run a snake down Secher: In my mind three labs said there isn't a problem with this count. Really don't think it is necessary, Baurer: Your representative of the town has talked with the state, IL am not sure I understand your position. CIemmey: We have the right to do that, but we are not qualified to take the test. Cook: According to Mr. Vento, he said,it made no difference. Secher: I was told when you are talking about sewage coming out you would get such a high count: that you would not geta count. Benson: How come after all this time someone comes up and says there is a pipe coming from the pit? Wiflis" The first point That I want to make is that #1 1 demanded through a letter that this complete situation be held in executive session .. by your chairman basically. Regarding minutes of September H, which are in error because you approved minutes of September i and it is dated september £3. 1 ( sent a letter demanding that this thing be kept in executive session. The letter eas not read into the minutes. I am demanding that that letter he read into the minutes of this meeting. The only thing that is in your.minutes is under V. The reason was that a Mr. Scott Klenk who worked for mc.I fired Mr. Klenk on the 18th of August 1976. On that date he threatened me with certain things. #1 a problem exists on this lot in my opinion the day the house was built. A prob ?em developed on that :property #1 was water in the cellar in 73 1 constructed a very legal drain from Kennedy cellar in the direction of the brook. it solved the problem to some extent. I told him*it may not solve the problem completely. I would like you to appreciate what he had to go through financially. We did in tacit have to go back and dig up the cellar with a french drain. In 75 tor. Kennedy called saying that he had a sewer problem that he was getting a backup in his washing machine. I blocked that up one eveiriny. After several weeks I found that the problem he already had was basically drainage of surface water corning of` Williams Street, The Town of Mansfield at that time had put in a new water drain. The specs said that drain should be ruck filled with clean gravel. This ran water down into his front yard, ibis front yard is completely filled with sand. I went in and located the septic tank which was 3 feet below the ground. i am advising Mr. Kennedy to pump his septic tank because it has been one year. Submitted application for repair on October 21, went in and brought the cover to surface. I could not get within 6 " of the septic tank. He had it pumped and one hoes later 1t was full. On any repair system I am the guy that s'ti.cks'.my neck out. If the lot is no good to start with you cannot correct it. As far as any statement I am going to make this plan is exactly what is r there, this plan is drawn by me. That is exactly what I did on that job. A lot of problems ....... gas rain has been run right across distributionbox.. Believe there Was some damage to the distribution box when gas man was out The filed was too small and installed over clay with 5' of sand above it. Don't know for sure who installed it. The firs, time I went in to do the drain I noticed that there was 'a small open drain with sewage in it. a. Man r: ] `_ those Who . tho . co"Ant,tAn in w '_ .�_�Ornb coul<< wo i ^,t So? - action tO1li 1Li Su j_ at to W170 _ 1 vt y: will not ?1vn 0; :0, in 0104- O_ k K]C . ;. OL1On: Von no yat wr i _i n C nIlM ton _: _Ml-l!- L,,Ib Lab Sol front MOO ,1 MOM, , 'to ? "`Lh -t in t _. _. opinion t'' t I_;S is not a CTS- orrii1R Situr?-i; ion. (Amson-jown, All in fivor) in' l!]J -li ;: S ,;l_rin`t cone in 4=q Lo qr_it -;_;_, _lyou., nq1t% j„ri to protnot MYS21f ano i _ llil "�'.,. 102n J MOV 0''•1i1 111 . vo om-(@ ont_ oned tont 1 mv III.^_ 70 I-olO -„ .,11 W lly,o"In. 1 cc - -IL r M (morn !: Until _ wo is -_ all Own Po St `:C]! " --_l_ t2 - -. it Ond -'.1. to i Apo! twat an <jIoLiV . . . . .