TOWN OF
Phone# (508) 234-3272 Fax# (508) 234-0821
The Northbridge Board of Health approved these
minutes at a meeting held February 20, 2007.
This meeting was
called to order at 7:00 PM by Mr. Paul McKeon, Chairman. Other members present
were Mr. Christopher Cella, Mr. Scott Chase and Mr. Steven Garabedian. Also
present was Jeanne M. Gniadek, Administrative Assistant.
Ms. Ann Marie Thompson
arrived after the reading and approval of the minutes.
Minutes: A motion was made by Mr.
Cella to accept the minutes of January 9, 2007. Motion seconded by Mr.
Garabedian; the vote was 3-0 in favor. (Mr. Chase abstained.)
Berkowitz
Trucking:
The Board reviewed the Semi-Annual
inspection report conducted by Norfolk Ram Group on December 15, 2006. Some of the
findings noted within the report are:
·
Installation of new signs
·
Additional storage area cleared of scrap metal and other
wastes
·
Side walls of Building #2 have been repaired
·
Paved areas are in need of repair due to modifications of
the storm water collection system at the facility
·
Concrete barriers need to be installed to form continuous
barrier between waste storage area and wetland area
·
Compressed gas tanks need to be secured at all times
·
Exterminator called for removal of rat’s nest in recently
returned roll-off
·
Generator status of waste oil has been increased from Very
Small to Small
The
next semi-annual inspection is expected to be conducted in February or March of
2007.
Ms.
Gniadek noted that under Operational
Records (page
4 of the report) – “By a recent request from the Northridge Board of Health,
the Annual Report shall be copied to the BOH also.” Ms. Gniadek informed the
Board that the Authorization to Operate Permit issued by the DEP requires the
submission of a copy of the Annual Report to the BOH. This is not a recent
request.
Ms. Thompson
motioned to send letter to Norfolk Ram Group informing them of this requirement
within the ATO. Motion seconded by Mr. Cella; the vote was all in favor.
Mr.
McKeon questioned whether the waste oil was generated on site or if it was
brought in by customers. Ms. Thompson stated that she thought it was brought
in.
Site Assignment
Modification: The
Board received correspondence from the DEP to Berkowitz Trucking informing them
of the minimum site suitability criteria that they will be requiring as part of
the SW38 application.
Ms.
Thompson stated that after reviewing this document and reading through the
regulations, she felt that 310 CMR 16.40(3)(d)(5) also needed to be addressed
due to the proposed expansion of the site assignment for the entire parcel
(2.69 acres) and the tonnage increase to over 50 tons per day. This section of
the regulation addressed occupied abutting residential dwellings within 500
feet of the waste handling area. Mr. McKeon questioned whether that distance
was measured from the property line or the building. Ms. Gniadek informed the
Board that she had provided each of them with a complete copy of 310 CMR 16.00.
The regulation reads that it’s a 500 foot setback from the waste handling area
to any occupied residential dwelling. Mr. McKeon stated that the waste handling
area is within the building. Ms. Thompson noted that if the site assignment is
granted for the entire parcel then waste handling activities can occur anywhere
on the property. The current site assignment is only the building. Mr. McKeon
stated that they could still require that the waste handling only occur within
the building. It was noted that a site assignment of the entire parcel would
allow waste handling activities anywhere on that parcel. Mr. McKeon stated that
there should be an order of conditions limiting the waste to inside the
building. A copy of the letter Ms. Thompson sent to the DEP was distributed to
the Board.
Mr.
McKeon stated that there are two parcels. Mr. Berkowitz had to purchase the
additional lot due to the site constraints on the first parcel. He stated that
he knew that because he did the site work on the original building. Mr. McKeon
stated that the 2nd lot that was purchased for the placement of the
transfer station and that the site assignment should not exceed the square
footage of that 2nd lot. A brief discussion on zoning occurred. Ms.
Thompson questioned why Mr. Berkowitz would be asking for a site assignment of
the entire two parcels when he insists that he can contain all of the increased
tonnage within the site assigned building area. Mr. McKeon and Ms. Thompson
discussed the storage of plastics and glass to the rear of the property. Ms.
Thompson explained that there are certain recycling operations that are exempt
from site assignment regulations and that allows Mr. Berkowitz to store his
recyclables outside the limit of his current site assignment.
The
2005 and 2006 Tonnage Reports for Berkowitz Trucking
was reviewed by the Board. It was noted that the tonnage exceeded the 35 ton
per day limit in 2006 by 2.4 tons on average and 4.9 tons per day in 2005.
In
other business relating to this matter, the Board received the following pieces
of correspondence:
· copy of an email sent to
the Interim Town Manager and Board of Selectmen from a resident of Northbridge
expressing his concerns over the proposal to increase the tonnage and hours of
operation at the Berkowitz Facility.
· a request for public records
from Shelley Buma
· a letter to the Board from
CPN (Citizens for the Preservation of Northbridge)
Citizens Forum: Ms. Shelley Buma asked the Board to familiarize themselves
with the regulations governing site assignments, the January 28, 2004 public
hearing for site assignment modification and the Board’s subsequent decision on
March 8, 2004 in which the Board denied a minor modification of the site
assignment for a 14 ton per day increase. Ms. Buma stated that based on the
transcript from the 2004 public hearing there is currently a fleet of about 20
trucks accepting 35 tons per day – 1.75 tons per truck approximately. She
stated that 75 tons per day would equal about 43 trucks. Mr. McKeon stated that
it is not going to be 75 tons per day. Ms. Buma pointed out that the request is
for 75 tons per day.
She
stated that the Board of Health had a flat out denial of any tonnage increase
whatsoever on that site. She stated that specifically noted within the Board’s
decision was the riverfront area – that has not changed. She stated that
Attorney Mark Reich of Kopelman & Paige on behalf of the Board of Selectmen
issued a recommendation to the Board of Health to deny the increase noting that
the increase in tonnage would serve to increase traffic and waste impacts
within the riverfront area. She stated that the river is still there – that has
not changed.
Ms.
Buma also addressed the single means of access and egress from the site. The
site plan of 1997 had a condition of both an access and an egress.
She
stated that another issue that was addressed was the failure of TJJ Development
to comply with the terms and conditions and restrictions within the current
site assignment, specifically tonnage overages. She stated that the opinion of
Town Counsel indicated that operation of a solid waste handling facility beyond
its allowable tonnage is in and of itself a threat to public health, safety,
and the environment. Since that decision, she stated that TJJ Development
continues to operate beyond his permitted tonnage.
Ms.
Buma also asked the Board to keep in mind the outstanding fees that were owed
the Town in 2004; in excess of $17,000. Those fees incurred by the town for the
2004 public hearing for the minor modification of his site assignment have
never been paid to the town.
Ms.
Buma also noted that the decision noted a violation of wood waste under
speculative accumulation – waste being stored on site in excess of 90 days. In
March of 2006, the semi-annual inspection report conducted by Norfolk Ram Group
noted again a 90-day speculative accumulation of wood waste on site. Ms. Buma
stated that once again this shows failure to comply with the current site
assignment permit and regulations.
Regarding
Stormwater improvements, Ms. Buma questioned whether those improvements have
occurred in compliance with the Administrative Consent Order issued by the DEP.
Ms.
Buma also asked the Board to be aware of any requests for processing waste on
site as this would raise a red flag in her mind.
Mr.
McKeon stated that he and Ms. Thompson met with Berkowitz and the DEP and it is
his understanding that if this goes forward the permit will be limited to
construction and demolition debris that Berkowitz picks up – there would be no
outside vendors depositing C&D waste at this location.
Ms.
Buma stated that her concern was more in whether the permit application will
seek permission to process the waste on site. She stated that the current
permit prohibits processing of waste on site – it is a handling facility only.
If the application includes processing, she was concerned that the processing
of special wastes could open up the site to a whole new set of concerns.
She
again asked the Board to familiarize themselves with the regulations and the
2004 decision of the Board of Health that said no increase would make sense
because it is in the riverfront area.
Ms.
Buma also noted that the regulations and the Board’s decision contain reference
to the 100-foot setback requirement (the regulations use the word “shall”). She
noted that within the 2004 decision that the Board of Health noted that the
building/waste handling area is only 20-feet from the property line and while
the Board does not interpret that to mean an automatic recision of the site
assignment, it did mean that the Board had it within their discretion to
rescind the site assignment based on that.
Mr.
McKeon questioned how the addition to “The Shop” was allowed if the area is
within the riverfront protection area. He stated that he did not think that it
was a river. Ms. Buma stated that there exists an actual determination from the
DEP that it is a river. Ms. Gniadek stated that the determination by DEP is in
their packet of materials.
Annual Report: Ms. Gniadek presented the
Board with a draft annual report reflecting the activities of the Board in
2006.
Motion to approve
and submit report to the office of the Town Manager for inclusion in the Annual
Report of the Town was made by Ms. Thompson. Motion seconded by Mr. Cella; the
vote was all in favor.
The
Board also reviewed the annual report of the Visiting Nurse Association.
Mr. McKeon removed himself
from the Board for the following discussion of the VNA contract:
Ms.
Gniadek informed the Board that the Visiting Nurse Association contract for Fiscal Year 2008 is expected to increase by
$4,000 to $9,000. Ms. Gniadek informed the Board that MDPH is considering
removing lyme disease investigations from the Board of Health and placing that
responsibility on the health care provider. In 2006, 26 cases of lyme disease
were investigated by the VNA – almost half of the communicable disease follow
ups. Ms. Gniadek stated that she spoke with the VNA and they can reduce the
contract price by $1800 if we eliminate mom-baby visits and the blood pressure
screening clinics at the
The
Board requested that a memorandum be sent to the Finance Committee letting them
know of this budget increase and to let them know that these services are still
a bargain at $9000 when the Town of
Community
Development Letter of Support: Ms. Gniadek informed the Board that the office of
Community Development was seeking a letter of support from the Board of Health
for a grant project at
Motion to approve
a letter of support from the Board of Health was made by Mr. Chase. Motion
seconded by Mr. Garabedian; the vote was all in favor.
Demolition
Permits:
The Board was presented with a draft flyer that could be utilized when
contractors submit an application for a demolition permit. Ms. Gniadek
suggested that the flyer could be attached to the permit that the building
department issues. After some discussion on how best to enforce this and
whether or not a permit from the Board of Health should be required, the Board
approved the use of the flyer. If circumstances warrant, this matter can be
addressed again in the future.
Correspondence: Correspondence
dispersed to the Board included:
1.
DEP – Technical
Outreach Hours
2.
MHOA Seminar –
March 15, 2007 – Bed Bugs
3.
Central Mass
Mosquito Control Project Letter
Old & New Business: Ms. Gniadek informed the Board that under Emergency
Preparedness Planning, the Fire Department, in
order to obtain grant funding, needed to list all town departments and training
requirements. The Board of Health is required to take the NIMS 700, ICS 100 and
ICS 200. The Health Inspector will be required to take NIMS 700 and ICS 100.
Ms. Gniadek stated that she will be taking NIMS 700, ICS 100, 200, 300, and
400. These certifications must be completed by September 30, 2007.
Mr. McKeon informed the
Board that it is his understanding that the American Legion is no longer allowing smoking within its
establishment.
Mr. McKeon stated that he
wanted the Board to schedule a meeting with Szerlag Farms to discuss the water quality and high nitrate
levels in private wells located at
Motion made by Ms. Thompson to invite Mr. Szerlag to the
next meeting of the Board of Health. Motion seconded by Mr. Cella; the vote was
all in favor.
There being no further business, motion to
adjourn by Mr. Chase, seconded by Ms. Thompson – all in favor.
Meeting was adjourned at 8:30 PM.
Attested by,
Jeanne M. Gniadek, Administrative
Assistant