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HomeMy WebLinkAboutBOH Minutes 6/3/1999l BOARD OF HEALTH MINUTES i JUNE 3, 1999 Members Present: Chairman Jim Leonard, Clerk Gary Forget, Phi(,Gjaugarra ; Also Present: Health Agent, Scott Leite 1. CALL TO ORDER at 7:05PM by Chairman Leonard, Town Hall, 2 "d Floor. 2. CONSENT AGENDA a. Approval of Minutes of May 6, 1999 b. Approval of Disposal Works Installers Permits: Stephen Benoit, Sandwich (signed by Agent) G. Horne Pumping, Mansfield c. Approval of Food Service Establishment Permits: Massachusetts Sportservice, Inc. Willowdale Golf Course, Op. Co.; d/b /a Willowdale Golf Course Regent Cafe, Inc. Ro jack's Food Stores, Inc. Holiday Inn Mansfield Teixeira's Donuts of Mansfield, Inc. Half -Time Cafe Quan's Kitchen, Inc. Sarro's Market The Fresh Catch, Inc. Cousin's Pizza & Subs, Inc. Stefano's Sandwich Shop Honey Dew Donut Village Pizza Town of Mansfield, Parks & Rec., Memorial Pk., Hornet's Nest (waiver) Town of Mansfield, Parks & Rec., Plymouth St. Rec. Facility (waiver) Mansfield, Parks & Rec. Summer Camp @ Robinson Elem(waiver) Mansfield Council on Aging (waiver) All Seasons Service, Inc. @ Smith Nephew, Forbes Blvd. Family Food Mart Diet @ Datel Lori's Sunnyside Cafe GJLC, Inc., d/b /a C.J. Scooters Mansfield Donuts, Inc., d/b /a Dunkin Donuts Mansfield Variety & Deli Mansfield Dugout— Mansfield Little League (waiver) Bertucci's Brick Oven Pizzeria Old Country Store Starlin, Inc., d/b /a Canoe River Campground Cheng Du Page 2, Minutes, June 3, 1999, Board of Health Geno's Restaurant and Lounge Stop & Shop Supermarket Co. D Angelo's Sandwich Shop Mansfield School Lunch @ Mansfield High School (waiver) Mansfield School Lunch a Qualters Middle School (waiver) Mansfield School Lunch @ Robinson Elementary (waiver) Mansfield School Lunch @ Jordan Jackson Elementary (waiver) First Baptist Church (waiver) Ladonna Restaurant, Inc. Tahana Restaurant Village @ Willow Crossing Sodexho Marriott Services@ Motorola M4 Sodexho Marriott Services @ Motorola M3 Sodexho Marriott Services @ Motorola Ml Sodexho Marriott Services @ Motorola M2 Sodexho Marriott Services @ Merckens Choco. Co. Sodexho Marriott Services @ Kendall Co. Sodexho Marriott Services @ Helix Technology Corp. Sodexho Marriott Services @ Kendall Co. d. Approval of Caterer Establishment Permits: The Fresh Catch, Inc. Pig Roastin e. Approval of Pushcart Establishment Permits: Massachusetts Sportservice, Inc. (13) f. Approval of Retail Food Permits: F &W Inc., Dub's Discount Liquors Cumberland Farms, #0187 Dias West Mansfield Variety CVS #1866 P &L Liquor Corp., d/b /a Villa Liquors Sunoco Food Mart #6035 Tedeschi Food Shop #382 S. Main Shell Osco Drug Store #362 g. Approval of Mobile Food- Temporary Permit: Strawberry Fields @ Tweeter Center, May.) June l7`h & 18a h. Approval of Mobile Food Permits: Mansfield Council on Aging (waiver) Deb's Catering Sue's Ice Cream Mansfield Lodge of Elks 9263' ) (waiver) Sue's Ice Cream Gerry's Catering Page 3, Minutes, June 3, 1999, Board of Health Palagi Bros., Inc. i. Approval of Snack Permits: Stearns W.L. & Son Bristol Liquors Knapp Foods, d/b /a Knapp Video Mansfield Citgo Walid Samrout Corp., Inc. Mansfield Train Station j. Approval of Milk & Cream Permits: VFW Garelick Farms, Inc. k. Approval of Residential Kitchen Permit: Maria Gazzolo, South St. MOTION: To approve Consent Agenda. Forget /Giangarra 3 -0. PASSED 3. CONININICATIONS 1. Copy letter DEP, May 27, 1999, to Jackson Clemmey, re: former Clemmey Tank, Notice of Commencement of Work. 2. ENSR letter, May 20, 1999, Notice of Release Abatement Measure Plan Modification — PCB- Impacted Soil, former Compo Facility, 240 Branch St. 3. The IT Group, April 1999 NPDES Permit exclusion monthly discharge monitoring report for former Gorham Silver. 4. April 1999 Community Visiting Nurse Agency Monthly Report 5. April 1999 NMS Tobacco Control Monthly Report 6. Two letters dated May 21, 1999, to CTI Cryogenics from DEP, re: Air Quality Status, Limited Plan Approval, Hazardous Waste Status, Industrial Wastewater 7. Letter from Paragon, May 21, 1999, to Mansfield BOH, re: Notice of a Response Action Outcome, 1 Cherry St. 8. Letter from Pheonix Environmental Group, Forest Emery, May 7, 1999, re: Great Waves Swimming Pools. Health Agent's response attached. 9. Tweeter Center Schedule for 1999 4. VISITORS At 7:15PM a public hearing was held for a variance from Title V for 171 Ware Street. Present was Mark Trowbridge, representing Ralph Maloon, RIM Engineering, and Charlotte Troy. Mr. Trowbridge explained that the variance is to design the system with three 2,000 gallon tanks that flow into one 6,000 tank. This will allow longer retention time which will allow the system to be more efficient in regard to nitrogen removal. If only a 6,000 tank was Page 4, Minutes, June 3, 1999, Board of Health installed, would require replumbing and would be more costly. Health Agent said that there is no reason not to allow the variance. In addition, DEP must approve. MOTION: To issue the variance for the septic system at 171 Ware St. Forget /Giangarra. 3 -0 PASSED - Hearing closed at 7:25PM. At this time Ron Hornung, Lorell Management, entered. They are the receiver, order by the court. Mrs. Charlotte Troy is ready to take the property back and is prepared to ask the Board to petition the court to remove the receivership. Mr. Troy recently passed away. Agent will speak with Counsel Joe Hannon for his opinion. Mr. Hornung responded that the repair of the system will cost approximately $70,000 480,000. The court ordered him to mortgage the property, which is valued at about $600,000. There are twelve apartments, four vacant, which cannot be filled by court order until system is fixed. At 8:OOPM" public hearing was opened for a Title V variance for 11 Barnboard Road. Variance is for a reduction in the sideline distance requirement. If not approved, more landscaping and patio will have to be disturbed. No response from neighbors. Agent recommends. Hearing closed at 8:IOPM. MOTION: To approve variance for sideline distance for septic at 11 Bamboard Rd. Forget /Gangiarra. 3 -0 PASSED 5. HEALTH AGENT'S REPORT a. Bertucci's Restaurant: There was an outbreak of Shigella, foodborne illness, that may be coming from the raw production of basil (from California) in the salad. Further investigation is being conducted. b. Hatheway & Patterson /EPA/NPL: Agent met with the consultant involved with the Brownfields grant, Resource Controls. Their concern is that when a site make the National Priority List, EPA takes control of the entire site and does the job at their own pace and their own way. Project could be sped up if it were not on the list. Then sections at a time could be done allowing use of remaining areas. The train station redevelopment may encompass H &P site. Agent will be meeting again with the consultants. c. Memorial Park: Agent gave members a copy of the public announcement jointly issued by the Town Manager and Health Agent re: the contamination. Practice football field, basketball courts and tot playground are contaminated with chemicals with less than reportable levels. A layer of gravel and loan will be placed over these areas to make an additional barrier. Areas will be fenced in until the work is completed. Use of Memorial Park is discouraged. Sand at playground is safe. The contaminated soil is below the surface of the ground. No response from DEP. Penney Engineering is the LSP. Page 5, Minutes, June 3, 1999, Board of Health d. Certified Pool Operator: Health Agent passed the course and is now a CPO. Agent would like to set aside the July meeting for a workshop to review the State's pool regulation. e. Rumford River Dioxin: EPA says that the "Catch and Release" fish warning will be permanent, Rumford River and the three ponds. f. Air Conditioning Unit - Baffles /Operation: Sound has lessened considerably with the baffles. Levels have dropped. Town has asked to extend the hours of operation to 4:OOPM and 6:OOPM on Wednesday. Agent gave permission to do so. Sound consultant will return to conduct sound readings. 6. OLD BUSINESS a. Review of Sewer Connection Reg: Agent reviewed and suggested to the Board that because of the new Title V State Law, the BOH Sewer Connection Reg may be eliminated or severely revised. Title V addresses failed septic systems, multi- family dwellings nitrogen calculations, and commercial buildings. The Board no longer supports "transfer of ownership ". Regulation served well, but new Title V is addresses these issues. Agent will revise and present to Board for a public hearing. b. Food Establishment Fee Policy: Members agreed that it was unfair to charge an entire year fee for food establishment permits for a change of owner of a business or a new application. MOTION: To pro -rate the food establishment fee for permits on a six month increment for change of owner or a new application. Giangarra/Forget. 3 -0 PASSED 7. NEW BUSINESS 8. ADJOURNMENT MOTION: To adjourn at 8:05 PM. Forget /Gangiarra. 3 -0 PASSED Respectfully submitted, Dianne Royle, Recording Secretary Page 6, Minutes, June 3, 1999, Board of Health Next Meeting July 11999, 7:OOPM Second Floor Meeting Room Workshop of Pool Regulation IF UNABLE TO ATTEND, PLEASE CALL. THANKS. 261 -7366. �(3� TOWN OF MANSFIELD PUBLIC ANNOUNCEMENT MAY 21, 1999 A limited soil sampling program has detected contaminated soil at specific areas within Memorial Park. Low concentrations of polynuclear aromatic hydrocarbons (PAHs) were found in surficial soil samples collected from the top six inches of soil in the lower portion of the playground area and the practice field. The concentrations were below the Massachusetts Department of Environmental Protection standards and do not present significant risk of harm to health, safety, public welfare, and the environment. The contamination is associated with coal tar, coal ash, creosote, a wood preservative, and some mineral oils. Higher concentrations were found at depths of three to five feet in the lower portion of the playground area, the practice field, and the basketball courts. The concentrations in the deep soil are up to thirty -seven times higher than the DEP standards and may present a significant risk by direct contact. Measures to prevent any potential for direct contact with the deep soil contamination are being discussed. An investigation has determined that the three contaminated areas were filled in 1968. It is thought that a limited number of truckloads of fill were contaminated with the polynuclear aromatic hydrocarbons. The source of the contamination is unknown. The DEP has been notified. The soil in the remainder of Memorial Park was also sampled and found not to be contaminated. Restricted use of the Park shall continue while the investigation is being completed and remedial response measures are implemented. Anyone with questions should contact the Health Department at (508) 261 -7366.