TOWN OF NORTHBRIDGE

BOARD OF HEALTH

7 Main Street

Whitinsville, MA 01588

Phone# (508) 234-3272 Fax# (508) 234-0821

The Northbridge Board of Health approved these minutes at a meeting held January 30, 2007.

MEETING MINUTES ~ JANUARY 9, 2007

This meeting was called to order at 7:00 PM by Mr. Paul McKeon, Chairman. Other members present were Mr. Christopher Cella, Ms. Ann Marie Thompson and Mr. Steven Garabedian. Mr. Scott Chase was absent. Also present was Jeanne M. Gniadek, Administrative Assistant.

Minutes: A motion was made by Mr. Cella to accept the minutes of December 5, 2006. Motion seconded by Mr. Garabedian; the vote was 3-0 in favor. (Ms. Thompson abstained.)

Citizens Forum: Stacey Flanders, 390 Cooper Road, addressed the Board due to the failure of the Animal Inspector, Dan Chauvin, to quarantine the dog that bit her daughter on October 15, 2006. She stated that she was not contacted by Mr. Chauvin until October 23^rd. Ms. Gniadek reported to the Board that October 23^rd was the date that the dog bite notice from the hospital was received in the Board of Health office. Ms. Flanders stated that Mr. Chauvin called her with wrong information and that she had returned his call but that the never got back to her after that. She stated that the physician that treated her daughter initiated the rabies series of vaccinations as the dog did not have its rabies vaccination nor was it licensed. She was upset that the Town did not act on these serious violations.

Mr. McKeon assured her that the Board would look into the matter and address the error.

Title 5 – Local Upgrade – 548 Sutton Street: The Board reviewed an application for local upgrade under the regulations of Title 5 to allow for a 3-foot offset to groundwater rather than the required 4-foot offset for the bottom of the leaching area for the repair of the septic system at 548 Sutton Street.

Motion made by Mr. Cella to grant local upgrade. Motion seconded by Ms. Thompson; the vote was all in favor.

Title 5 Installer License – Steve Caya: The application of Steve Caya for a Disposal Works Installer License was brought before the Board due to past issues with Gerard Caya of Caya Construction. Mr. Steve Caya has separated himself from Caya Construction and is requesting a license in the Town of Northbridge.

Motion made by Ms. Thompson to grant license. Motion seconded by Mr. Garabedian; the vote was all in favor.

Title 5 – Distribution Box Levelers – Amendment to Regulations: Mr. McKeon stated that he would like to see the Board adopt regulations which would not allow the use of levelers in distribution boxes. Mr. McKeon explained to the Board how a leveler works within the d-box and why they should not be allowed. He stated that Mendon does not allow them and he believed that Title 5 regulations also address the openings within a d-box – no opening smaller than 3” in diameter. As this may require a public hearing, this matter was tabled to the next meeting.

Emergency Preparedness Planning: Present for this meeting was Steve Saravarra, program consultant. Mr. Saravarra delivered an AED (defibrillator) device for use at the Emergency Dispensing Site. He also discussed some amendments that are needed to our emergency dispensing site plan. He asked that the Board put some thought into how limited vaccine would be distributed to residents after the force protection (Police, Fire, EMS, hospital personnel) are vaccinated – options included by voter precinct and alphabetically.

Quaker Street Landfill: The Board reviewed two reports from CDM. One addressed the recent installation of two monitoring wells on the property. The other addressed gas testing and methane gas migration. Access will need to be obtained to enter property known as 1150 Quaker Street for further testing due to high concentrations of methane gas at the property line. Ms. Gniadek has contacted the property owner who has agreed to provide access. CDM will conduct this additional testing in March as part of their quarterly testing requirements. An invoice for these services was also provided to the Board.

Church Street Landfill: The Board reviewed a memorandum from the Town Planner addressing the Erosion Control Permit for which the owner of this property has submitted an application. Mr. McKeon also provided the Board with an update of what happened when the various Boards met with the owners of this property to discuss their project. Mr. McKeon stated that he felt the meeting went well and that he had suggested that the Town may look favorably upon a horizontal expansion of their plans if they decrease the vertical expansion of the site and provide two soccer fields to the town.

Blackstone Valley Youth Tobacco Prevention Program: Ms. Antoinette Raymond and Ms. Barb Grimes-Smith of Spectrum Health were present to introduce themselves to the Board and to discuss the scope of services that is to be provided to Northbridge under the newly formed grant program – Blackstone Valley Youth Tobacco Prevention Program.

In other tobacco business, another complaint regarding the American Legion was discussed. Ms. Gniadek will check with the MAHB for guidance in this matter.

Youth Access Tobacco Compliance Checks: Ms. Gniadek informed the Board that on December 19, 2006, youth access tobacco checks were conducted. This was done as part of the FY07 MAHB mini-grant. No stores sold cigarettes to the minor. Reimbursement to the town under the mini-grant is $680 – actual cost of conducting the checks $190.

Berkowitz Trucking: Mr. McKeon provided the Board with an update of the discussion held December 28, 2006 with Phil Smith (DEP), Melissa Parker (Norfolk Ram Group), Tom Berkowitz (Berkowitz Trucking) and himself and Anne Marie Thompson regarding the pending application for a major modification of his site assignment.

Mr. McKeon stated that it is his understanding that the Berkowitz will be changing the application from 75 tons per day for 7 days a week to 100 tons per day for 6 days a week. He stated that the modification will also require a public hearing.

Ms. Thompson asked if we knew by how much Berkowitz is running over in tonnage now. Ms. Gniadek stated that based on the reports submitted to the Board, it is approximately 5 tons per day over his permit – based on tonnage reports for 2005. The final quarterly tonnage report for 2006 has not yet been received.

Ms. Gniadek provided each Board member with a copy of the SW38 form that Berkowitz will be filing with the DEP as well as a copy of the site assignment regulations 310 CMR 16.000. Ms. Gniadek explained that the SW38 form gets filed with the DEP and then they conduct an Administrative Review. If all the papers are in order they issue a notice of administrative completeness. Then the DEP would start their Technical Review of the application.

Ms. Thompson stated that the Board of Health should be doing a Technical review too.

Ms. Gniadek explained that under 310 CMR 16.30 – Application Fee – the Board can collect a Technical Fee and a Public Hearing Fee. Based on the proposal of 75 tons per day the Technical Fee would be $8,005.50 – for 100 tons per day the fee is $8,895.00. The Public Hearing Fee is equal to ½ the Technical fee.

Ms. Thompson indicated that the Board could use these funds to cover the cost of a technical review.

Ms. Thompson questioned whether the fees associated with the last public hearing for Berkowitz Trucking had ever been paid. They have not. Mr. McKeon stated that he spoke with previous Town Manager Michael Coughlin regarding that and was told that if the town tried to collect the fees, Christopher Haynes would sue the town.

Ms. Thompson also expressed her concern over the increase in traffic. She stated that Berkowitz indicated that there would only be one more truck but she did not see how that could be possible with such a large increase in tonnage and his admittance that the trucks do not always come back full to capacity.

Ms. Thompson wanted to know if there was a way to ensure that the only business that could be conducted on that property is the business that is currently there. Mr. McKeon stated that he felt that could be included in the Board’s approval. Ms. Gniadek informed the Board that the final permit is issued by the DEP and they usually include language that certain wastes are not permitted, however, that does not preclude the owner to seek these other wastes at a later date.

Mr. McKeon stated that he did not want the site to be open up to other waste haulers for depositing of construction and demolition debris. Mr. Berkowitz had indicated that he did not want to do that because he would only be assisting his competition.

The Board also discussed the intent to increase the site assignment area from .23 acres (the size of the waste holding building) to the entire site.

Mr. Cella stated that based on new homes and customers shouldn’t there be a natural expansion of the site, but cart blanche to go up to 100 tons per day seems excessive.

Arthur Drive – Drainage Complaint: The Board reviewed letters received from Ms. Debra Hartland, a resident of Arthur Drive, and a response memo from the Town Planner. No further action was required by the Board – the matter is being handled by the appropriate department.

Prescott Road – Complaint: The Board reviewed a complaint alleging that the owner of this property converted a detached garage into rental space and connected that to the existing subsurface sewage disposal system for the main house.

Motion made by Mr. Cella to send property owner a letter requiring a response within 30 days. Motion seconded by Mr. McKeon; the vote was all in favor.

Demolition Permits: This matter was brought to the Board’s attention due to recent complaints of dust being generated from a demolition project in town. After some discussion, it was agreed that the best way to handle these situations is to develop a flyer that can be attached to the demolition building permit requiring that the demolition debris be watered down to decrease the generation of airborne dust particles. Ms. Gniadek will develop a flyer for the Board’s approval.

Outdoor Wood-Burning Furnaces – Draft of Regulations: The Board reviewed the preliminary draft of regulations drafted by Ms. Gniadek. The draft basically consists of the regulations recently adopted by the Town of Westboro. Although the Board did not wish to ban these furnaces, the draft regulations include the ban. Ms. Gniadek suggested that the Board consider the ban and if an applicant comes forward with documentation that addresses the health risks associated with these furnaces, then the Board would have the option of granting a variance. This matter was tabled for further discussion at their next meeting.

Nitrate Levels – Hill Street: Mr. McKeon requested that the Board look at the high nitrate levels occurring in the Hill Street-Pollard Road-Sutton Street area and to establish a meeting with the owners of Szerlag farm to determine whether they are anticipating developing the property within the near future or if not then possibly through grants the Board can work to have the water line extended to serve these properties.

Correspondence: Correspondence dispersed to the Board included:

1. Town of Northbridge Sexual Harrassment Policy

2. Kopelman & Paige – Open Meeting Law Document

3. Wheelabrator Millbury – Tip Fee 2007 - $89.12/ton

4. GeesePeace Meeting Invitation

5. Risk Communication Training – Pandemic Flu – Shrewsbury Town Hall

There being no further business, motion to adjourn by Mr. Cella, seconded by Ms. Thompson – all in favor.

Meeting was adjourned at 9:30 PM.

Attested by,

Jeanne M. Gniadek, Administrative Assistant