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 March 6, 2007.

MEETING MINUTES ~ FEBRUARY 20, 2007

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

Minutes: A motion was made by Mr. Cella to accept the minutes of January 30, 2007. Motion seconded by Mr. Garabedian; the vote was all in favor.

Building Permit Application – Advance Auto Parts: Attorney Henry Lane representing Cedarwood Development appeared before the Board to discuss the Board’s requirement that the septic system servicing the existing structure at 277 Church Street, which is located on the abutting parcel, be abandoned in accordance with Title 5 regulations prior to the issuance of a building permit. Mr. Lane stated that his client has no problem performing the work, the issue is getting permission to enter someone else’s property.

Mr. McKeon stated that the work needs to be completed. He suggested that Mr. Lane contact Mr. Joseph Montecalvo, Interim Town Manager, to see if he would be able to assist in contacting the Muradians, the owners of the abutting parcel.

Title 5 – Local Upgrade – 12 Wards Lane: Present for this discussion was Mr. James Malley, Jr., PE, engineer to the Board of Health. Also present was Mr. Seth Lajoie, PE, design engineer for the repair of the septic system at 12 Ward’s Lane.

Mr. Lajoie explained that the local upgrade is necessary due to the location of a private drinking water well at 2546 Providence Road – 75 feet from the proposed Presby system. Mr. Lajoie stated that he sent a certified letter to the Lavallees (owners of 2546 Providence Rd.) to inform them of this meeting. Mr. Lajoie has also requested permission to obtain a water sample for testing from the Lavallees. They do not want their well tested. The Lavallees had contacted the office and sent a letter via fax as they were unable to be present this evening. Their letter indicated that they were concerned that the two systems would “merge” and that it was a conflict of interest for the neighbor to test their well – they like their well and want to keep it.

Ms. Thompson motioned to send a letter to the Lavallees informing them that a neutral third party would be collecting the water sample and that payment of the test will be borne by their abutter; the well needs to be tested and if necessary the Board could pursue a search warrant to obtain a water sample. Motion seconded by Mr. Garabedian; the vote was all in favor.

Motion made by Ms. Thompson to approve the request for local upgrade pending passing water tests on the abutters well – a failed water test would require the connection of the abutting property to town water and the local upgrade would no longer be required. Motion seconded by Mr. Chase; the vote was all in favor.

Title 5 – 48 Prescott Road – Complaint: The Board received a response from Attorney John M. Wozniak representing Rosemary Walsh of 48 Prescott Road. Present for this discussion was Pete Violette.

Mr. Wozniak states in his response that the Board of Health does not have the authority to investigate Ms. Walsh. He further states that the septic system is in full compliance with Title 5 and is not subject to any inspections by this office.

Mr. McKeon stated that since the matter has been brought to our attention, the Board has the authority to question the system. He noted that the copy of the court complaint provided by Attorney Wozniak specifically states that a bedroom was added. As Title 5 system designs are based on bedrooms in gallons per day, it would appear that the system would have required an upgrade at the time the additional bedroom was added to the structure.

Motion made by Mr. Cella to send letter to Attorney Wozniak with a copy to Ms. Walsh informing him that based on the court complaint he submitted to this office it validates the complaint filed with the Board in that it admits the addition of a bedroom and in accordance with Title 5 (310 CMR 15.024(2)), the facility was altered in such a way that a larger system is required. Motion seconded by Ms. Thompson; the vote was all in favor.

Quaker Street Landfill: The Board reviewed the report of CDM for water and gas testing at the Quaker Street Landfill. A brief discussion of their findings occurred. The next round of gas testing is scheduled for March 2007. Water samples are semi-annual; gas is quarterly. Ms. Gniadek informed the Board that during the March gas testing, CDM will also take water samples from 1201 and 1150 Quaker Street as well as perform gas testing at 1150 Quaker Street.

Quaker Street Landfill – Warrant Article – Spring Town Meeting: Ms. Gniadek informed the Board that in order to continue with the post closure maintenance and monitoring requirements of the DEP for the Quaker Street landfill, they will need to place an article on the town meeting warrant to cover associated costs.

Costs include water testing, gas testing, and landfill mowing. They will also need to address the rather large “sink hole” at the top of the cap that needs to be filled and that will in all likelihood require some engineered plans to ensure proper slope is met.

The estimate from CDM for 2 site inspections, 2 water samples and 4 gas tests was $21,000. The estimate for repair of the cap will be submitted to the Board before the March 16^th deadline for warrant article inclusion. This matter will be placed on the Board’s agenda for their next scheduled meeting of March 6, 2007.

Inspector of Animals: Mr. Ed Mansfield of Violette Circle appeared before the Board to offer his services as Inspector of Animals. Mr. Mansfield stated that he is a registered Springer Spaniel breeder and that he has owned horses for the last 30 years.

Motion made by Ms. Thompson to appoint Mr. Mansfield as Inspector of Animals, replacing Daniel Chauvin, for the remainder of the current appointment period which runs through April 30, 2007. Motion seconded by Mr. Garabedian; the vote was all in favor.

Water Quality & Nitrates – Hill Street Area – Szerlag Farm: Ms. Gniadek informed the Board that Mr. Martin Szerlag is unable to attend this meeting due to recent knee surgery. Mr. Szerlag stated to Ms. Gniadek that he has worked with the USDA in securing grant funds and that an engineer from the USDA has told him that high nitrate levels in that area cannot be blamed solely on the farming operation. The USDA engineer stated that the area is comprised of older homes with older septic systems, plus blasting from gas line installation and hydro-fracting of wells can cause nitrate levels to rise. He stated to Ms. Gniadek that working with the USDA he has installed grass filter strips and uses practiced nutrient management on his farm.

Mr. McKeon will contact Mr. Szerlag to see if a meeting can be arranged to discuss this matter in greater detail. He stated that he would like to seek grant funds to extend the water service to this area. Ms. Gniadek provided the Board with nitrate levels in wells in this area. There were only a few that exceeded the MCL. Mr. McKeon will report back to the Board.

Massage – Request for Exemption – Chair Massage: Ms. Gniadek questioned whether the Board would grant an exemption from massage establishment licensing requirements for chair massage only. The question came about due to the recent application of Vanessa Gordon for her massage therapist license – she wishes to conduct chair massage at the Workout Express. The regulations do not specifically exempt chair massage.

Ms. Gniadek explained that Ms. Gordon meets all the requirements to be licensed as a massage therapist – the issue is whether the Board will allow her to practice chair massage at the Workout Express without requiring Workout Express to obtain a massage establishment license.

Motion made by Mr. Cella to approve the licensure of Ms. Gordon as a massage therapist and to exempt Workout Express from obtaining a massage establishment license for the practice of Chair Massage only at this business. Motion seconded by Mr. Garabedian; the vote was all in favor.

Berkowitz Trucking: The Board reviewed the 2006 Annual Solid Waste Facility Report.

Site Assignment Modification: The Board received a response from the DEP as requested by Vice-Chair Thompson to require as part of the SW38 application that the Berkowitz Trucking also address 310 CMR 16.40(3)(d)(5) - occupied abutting residential dwellings within 500 feet of the waste handling area.

In other business, a Wood Chipping Notification for the month of February was received by the Board.

Regulations – Outdoor Wood Burning Furnaces: Mr. McKeon stated that he had observed an outdoor wood burning furnace in Uxbridge (Story Lane) and noted that the furnace hardly had any smoke. He stated that he did not want to ban these furnaces and that he would obtain the specifications of the equipment he observed in Uxbridge to see if they can be incorporated into any regulations that the Board may write regarding these appliances. This matter was tabled to the next meeting.

Regulations – Recreational Camps for Children: Ms. Gniadek prepared an amendment to the regulations of the Board of Health which would create a stricter definition of Day Camp to include camps that operate for at least three days during a two week period – current Mass. Regulations dictate that camps that operate at least five days during a two week period are required to comply with 105 CMR 430.000. Many camp operators are offering 4-day programs every other week to avoid compliance with this regulation.

Motion made by Mr. Cella to amend the regulations of the Northbridge Board of Health governing Recreational Camps for Children to include a stricter definition of Day Camp by deleting five (5) and inserting three (3) into the State definition of Day Camp to read as follows:

Day Camp means a program which:

1. operates on a site for more than two hours but less than 24 hours a day;

2. operates for at least three days during a two week period; and

3. meets the definition of a recreational camp for children.

Motion seconded by Ms. Thompson; the vote was all in favor. The legal notice shall be published on February 28, 2007 – Effective date of this amendment: March 1, 2007.

The Board will send a Memorandum to the Playgrounds and Recreation Committee to advise them of this regulation change and to seek their assistance when leasing town athletic fields to camp operators.

Citizens Forum: Ms. Cindy Key, Clubhouse Lane, appeared before the Board to question the method of notification used to inform residents of the boil water order on the Town. She asked if Reverse 911 was available in Northbridge. She was informed that it is not. She stated that she was very concerned that the Town did not have a means of communicating this health threat to each resident and suggested that the Board pursue Homeland Security Funding to secure a Reverse 911 system.

Correspondence: Correspondence dispersed to the Board included:

1. MHOA Community Sanitation Seminar – April 11, 2007 – Shrewsbury, MA

2. DEP/MHOA – Central Regional Seminar – March 13, 2007 – Worcester, MA

3. Perc-Rite Drip Dispersal Training Seminar – various locations

4. Arthur Drive – Debbie Hartland – Stormwater run-off

5. Arthur Drive – Planning Board response to Hartland complaint

6. Land Use – Zoning Workshop – Town Hall – February 27, 2007

7. Master Plan Workshop – March 15, 2007

8. Central Mass Mosquito Control Project – 2006 Annual Report

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

Meeting was adjourned at 9:00 PM.

Attested by,

Jeanne M. Gniadek, Administrative Assistant