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 June 19, 2007.

MEETING MINUTES ~ MAY 22, 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. Scott Chase and Mr. Steven Garabedian. Mr. Christopher Cella was absent. Also present was Jeanne M. Gniadek, Administrative Assistant.

Minutes: A motion was made by Mr. Chase to accept the minutes of May 2, 2007. Motion seconded by Ms. Thompson; the vote was 4-0 in favor.

Title 5 – 40 Prentice Road: The Board reviewed a request for local upgrade and 2-bedroom deed restriction for property located at 40 Prentice Road in Whitinsville. The local upgrade is for offset to property line and cellar wall.

Motion by Ms. Thompson to approve local upgrade and 2-bedroom deed restriction. Motion seconded by Mr. Garabedian; the vote was all in favor.

Catering by Mary Ann – Food Permit Application: The Board reviewed the food permit application of Ms. Mary Ann Morrissette to establish her catering business out of the kitchen of Timeout Tavern. The Board approved the application.

Berkowitz Trucking – BWP SW 38 Application for Site Suitability for Major Modification of an Existing Site Assignment: The Board received the SW 38 application for site assignment modification. Ms. Gniadek informed the Board that the DEP would be placing their administrative review of the application for completeness on hold as they have informed the applicant that they must apply to the Northbridge Conservation Commission for a Request for Determination of Applicability (RDA) to determine whether the Riverfront Protection Act is applicable. The DEP has informed the Board that the 1998 determination by the DEP that the body of water across the way from this facility has riverine qualities is no longer valid – it expired after 3 years.

Ms. Gniadek informed the Board that her review of the application shows a couple of deficiencies and asked if the Board wanted to notify the DEP of these issues. The Board agreed that it would be proper to notify the DEP of any deficiencies noted within the application. The deficiencies were:

· MEPA (page 6 – F): MEPA Regulations 301 CMR 11.03 – Review Thresholds (9) Solid & Hazardous Waste – new capacity or expansion in capacity for combustion or disposal of any quantity of solid waste, or storage, treatment or processing of 50 or more tpd of solid waste unless the Project is exempt from site assignment requirements. Evidence that MEPA review is not required does not accompany application.

· Maps (page 9 – H): Map detailing all occupied dwellings, commercial buildings, schools, etc. within ½ mile radius of facility on scale of 1”=200’ – map to include zoning. No such map accompanies application.

· Unable to determine distance from property line (area to be site assigned) to nearest occupied residential dwelling. No scaled map included with application as noted above.

· Service of copies – 310 CMR 16.08(3) – Certification under pains and penalties of perjuries that copies have been delivered as required in 16.08(2) does not accompany application.

Ms. Gniadek also advised the Board that a copy of the application should be sent to Town Counsel and that a technical review of the application should begin.

Highland Farms – Tobacco Sales Permit License Suspension Hearing – Youth Access Compliance Check: Present for this hearing was Attorney Kevin Quinlan and the owners of the Highland Farms store. Attorney Quinlan asked the Board for leniency and offered to pay additional penalties in lieu of a license suspension. He further stated that the bylaws of the town use the word “may” and some instances allowing them to reduce this penalty. Attorney Quinlan stated that this is only the 2^nd violation in the past six years. The Board informed Mr. Quinlan that compliance checks have not been on-going and have only been done for the past two years.

The Board stated that their bylaws were recently amended to reduce the license suspension from a 30-day suspension to a 15-day suspension. The Board agreed that the suspension should not be further reduced – it will set a precedent – other establishments that have had a license suspension have had a 15-day suspension.

Motion made by Mr. Chase to suspend the Tobacco Sales Permit for Highland Farms for a period of 15 days – suspension to be carried out for the period June 1, 2007 through June 15, 2007. Motion seconded by Ms. Thompson; the vote was all in favor.

Mr. McKeon advised the owners that they will need to abide by the regulations in removing the tobacco products and advertising from display. A representative of the Board will inspect the establishment to ensure compliance.

Old & New Business: Ms. Gniadek informed the Board that a noise complaint was received in the office regarding the Riverdale Mill. Mr. McKeon stated that past studies have shown that the mill is operating within acceptable limits. No further action is required at this time.

The draft regulations for Title 5 were reviewed by the Board. The Public Hearing was set for June 19, 2007. The legal notice of public hearing will be published in the Tribune on May 30, 2007 and June 6, 2007.

Mr. McKeon provided the Board with a brief update on the Wal-Mart Supercenter septic system issue. He explained to the Board that it is up to the engineer and the architect to come to an agreement in this matter.

Correspondence: Correspondence dispersed to the Board included:

1. Town Meeting Warrant

2. MDPH – Invitation – Regional Health Dialogue

3. Central Mass Mosquito Control Catch Basin Program

4. Blackstone Valley Pop Warner Solicitation

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

Meeting was adjourned at 8:00 PM.

Attested by,

Jeanne M. Gniadek, Administrative Assistant