TOWN OF
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The Northbridge Board of Health approved these
minutes at a meeting held
This meeting was
called to order at
Minutes: A motion was made by Ms.
Thompson to accept the minutes of
He
informed the Board that he had discussed this project with Malley Engineering and
that they were in agreement that the Board should require catch basins with a
500-600 gallon capacity which could be piped into a centrally-located holding
tank with capacity of 10,000-gallons to contain any spills at this facility.
Other comments for the Board’s review had been prepared by Ms. Gniadek based on
regulations and discussion from the Board’s previous meeting.
Mr.
McKeon also stated that the Board could require as part of the approval process
that the facility install IdleAire or other similar technology which provides
heat/air/electrical connections to the trucks that would utilize this facility
so that they would not need to run their trucks through the night. The Board
also discussed noise concerns and suggested that a sound engineer be contracted
at the applicant’s expense to do a noise study so that an accurate benchmark of
ambient air standards could be on file should noise complaints be received
after the construction and operation of the facility.
Mr.
McKeon also stated that he felt that these comments should be sent to the Town
of
Motion made by Ms.
Thompson to submit comments and health concerns as drafted with copies to the
Town of Sutton regarding the Oakhurst Farm Travel Center. Motion seconded by
Mr. Cella. The vote was 3-0 in favor. Mr. Garabedian abstained as he is an
abutter to this project.
A.L. Prime
Energy – Tobacco Compliance Check – Permit Suspension Hearing: Present for this hearing
was the manager of the A.L. Prime gas station located on
The
manager apologized and agreed to suspend tobacco sales for a period of 15 days
in accordance with Board of Health regulations.
Motion made by Ms.
Thompson to suspend Tobacco Sales Permit for A.L. Prime Energy for the period
November 28, 2007 through December 12, 2007 and to request payment of fine in
the amount of $200. Motion seconded by Mr. Cella; the vote was all in favor. It was noted that the $200 fine had been
paid.
Whitinsville
XtraMart – Tobacco Compliance Check – Permit Suspension Hearing: Present for this hearing
was Jeremy Sebastian, Regional Manager, and Attorney Gerald Shugrue. Atty.
Shugrue argued that his client had the right to confront his accuser and asked
if the accuser was present this evening. Mr. McKeon stated that he was not. The
Board of Health follows the Department of Public Health guidelines for tobacco
compliance checks. The youth is not present as they may continue to be used to
conduct checks in town.
Atty.
Shugrue stated that if this matter goes before District Court, then the Board
would have to produce the accuser. The Board stated that they are aware of that
and are prepared to do so if necessary.
Atty.
Shugrue argued that the ticket that was issued should have been issued
immediately following the alleged violation. Mr. McKeon stated that the ticket
is not issued immediately to protect the youth and so that establishments don’t
call each other to let them know that a compliance check is being conducted in
town.
Motion made by Mr.
Cella to suspend the Tobacco Sales Permit for the Whitinsville XtraMart for a
period of 15 days in accordance with Board of Health regulations governing a
second offense along with the $200 fine. Motion seconded by Ms. Thompson; the
vote was 3-0 in favor. Mr. McKeon abstained. It was noted that the $200 fine had been paid.
Atty.
Shugrue requested that the 15-day suspension be postponed for a period of time
as he and his client may consider an appeal.
Motion by Mr.
Cella to suspend permit January 2, 2008 through January 16, 2008. Motion
seconded by Ms. Thompson; the vote was all in favor.
CVS – Tobacco
Compliance Check: Present for this meeting was Heather Keeler, store manager, and Alice
Coffi, office manager, to discuss the recent youth access compliance check
which resulted in a first offense at this establishment and a $100 fine.
Ms.
Keeler stated that she understood the circumstances but requested that a copy
of these types of notices should go directly to the store. The notice of
violation went to corporate headquarters and when they contacted her she was
unaware that this offense had occurred. The Board agreed to update their
procedures to allow for this. Ms. Keeler stated that additional trainings are
being conducted with her employees. Ms. Gniadek informed the Board that the
$100 fine had been paid. No further action was necessary.
Title 5 –
Mr.
Loin stated that the Board had received the pumping records for the grease trap
at the compactor pad and that in reviewing that data it has been shown that the
two most recent pumpings yielded just 110 gallons each – the tank has
1,000-gallon capacity. Mr. Loin agreed that it made sense to plug the waste
line with the condition that should things change (i.e, the trap is being
pumped weekly for excess flows) then this matter could be revisited.
Mr.
McKeon agreed that this was a perfect solution to the problem. Mr. Malley is to
be contacted to witness the sealing of the waste line out of the grease trap at
the compactor pad. It was noted that a proper as-built plan of the septic
system must also be received prior to the Board of Health signing off on this
project.
Ms. Tubbs presented the
Board with a 4-bedroom deed restriction for the Board’s approval and signature
so that it can be recorded and her building permit for the construction of a
room in the basement can be signed off by the Board of Health. Mr. McKeon
signed the deed restriction as the local approving authority as acceptance had
been approved at a prior meeting.
Motion made by Mr.
Cella to offer the Board’s recommendation to the Town manager to sign a
contract with Beta Group for the
maintenance and monitoring of the
Berkowitz
Trucking Site Assignment Major Modification – Environmental Notification Form:
The
Board reviewed the MEPA Environmental Notification Form submitted by Tom
Berkowitz Trucking for the Major Modification of his site assignment to allow
for tonnage of 100 tons per day. Ms. Gniadek informed the Board that in
accordance with MEPA regulations, comments on the ENF must be submitted within
30 days of publication in the Environmental Monitor. She noted that the
application indicates that the Riverfront Protection Act does not apply yet the
Department of Environmental Protection, in reviewing the site assignment major
modification application, noted in their administrative deficiency letter that
the applicant needs to file a Request for Determination of Applicability with
the Northbridge Conservation Commission to determine whether the Riverfront Act
is applicable. This matter will be placed on the agenda for the next Board of
Health meeting to consider comments on the ENF.
There being no further business, motion to
adjourn at 8:15 PM was made by Mr. Cella, seconded by Ms. Thompson – all in
favor.
Attested by,
Jeanne M. Gniadek, Administrative
Assistant