SHERBORN BOARD OF HEALTH MEETING MINUTES September 6, 2017

Transcription

1 SHERBORN BOARD OF HEALTH MEETING MINUTES September 6, 2017 Members Present: Daryl Beardsley, Chair, Rebecca Hunnewell, MD, Lisa Campe, and Matt Vitale, MD Members Absent: None Others Present: Richard & Eileen Cawley, James Murphy, Jeff Waldron, Peter Liffiton, Marion Neutra, Bert Corey, Frank & Nancy Hess, and Mark Oram, Agent. The meeting came to order at 7:01 PM in the second floor meeting room (Room 204A) in the Town Hall with Ms. Beardsley, Ms. Campe, and Dr. Vitale present. This meeting was televised LIVE on Dover- Sherborn Cable TV. 1. The Chair reviewed the Agenda, noting the following items not anticipated by the Chair 48-hours in advance of the meeting, requesting that they be added to the Agenda: (1) 64 South Main Street review of Building Application #17-32 (2) 6/1/16 Housing Production Plan (3) 84 & 104 Coolidge Street PowerPoint from Trask, Inc. (4) Preliminary planning of 2017 flu clinic A motion was made to amend the Agenda as stated, and it was seconded and approved. APPROVED 3-0 [Dr. Hunnewell arrived at 7:05 PM.] 2. Health Agent Hours (see Minutes of 8/16/17-#16, 6/21/17, 1/18/17, 12/7/16, 11/28/16, 11/16/16, 10/13/16, 10/5/16, 9/21/16-#12 and #13, 9/7/16, 8/17/16-#12 and #13, 6/15/16-#15 and #20, 5/4/16-#17 and #24, and 4/6/16) Ms. Beardsley stated that the Town has 3 part-time, unbenefited Health Agents. Often, Agent Oram makes appointments with residents, engineers, and others, but he also has open Agent hours. She noted that few people actually walk in to see the Agent during those hours, but she suggested that the Board might want to test out the usefulness of additional agent office hours, noting that the Administrator and Clerk currently address walk-in needs. Ms. Beardsley felt that, since it is difficult to have someone just sit in the office waiting for a walkin inquiry, perhaps the Board could have Agent Beth Hallal review the local regulations and identify sections that could be re-worded to be more clear. This scenario could also test out the need for specific Agent office hours. Ms. Campe asked if this would be a test / pilot of a couple hours per week, and Ms. Beardsley responded that it might not even be that long. Ms. Campe noted that if there are ebbs and flows in the demand for Agent time, could that person help out when it is busy, and Ms. Beardsley agreed, noting that it would also be a nice way to complete the regulation review task. Dr. Vitale asked how long of a pilot this would be, but the Chair was unsure of the logistics and what the review would demand. Ms. Campe felt that it would be beneficial, as long as it won t detract from the budget for things the Board needs to do. Ms. Beardsley noted that there have been questions raised regarding the regulations, so this could be an opportunity to have a fresh set of eyes note the sections that might be unclear. Ms. Campe asked if Ms. Hallal would then bring those unclear areas to the Board, and the Chair responded affirmatively, noting that the Board could take her technical comments, but a Public Hearing would be necessary before any changes could be made. Page 1 of 9

2 Ms. Beardsley stated that she would talk with Agent Hallal and ask if she is interested in this task. Dr. Hunnewell felt it important that the Board make sure the time is well utilized. Ms. Beardsley agreed, stating that it would be a tight number of hours and the Board could then determine if it demands more time. Dr. Vitale suggested a 4-week pilot, followed by re-assessment. Dr. Hunnewell suggested the Board look back at previous months and see how many appointments were made is there a difference in the utilization of hours? Ms. Beardsley noted that many of the questions that come in are answered by the Administrator and Clerk in the office, so this would be to see what the impact is. Resident Peter Liffiton, who was in the audience, stated that he has often heard about Agent access and communications, and he asked if the Agents are allowed to be contacted directly. Dr. Vitale noted that would be difficult since the Agents are part-time and have other full-time positions elsewhere. Ms. Beardsley reviewed that initial communications are requested to come to the office so they can be documented and tracked, but following that there are direct communications. Mr. Liffiton responded that he is hearing that there has been modest improvement. A motion was made to authorize the Chair to reach out to Agent Hallal to discuss her having office time reviewing the current regulations, and it was seconded and unanimously agreed. AGREED 4-0 Advisory liaison Jeff Waldron, who was in the audience, suggested that the Board review the frequency of food inspections, i.e. what the standards should be for a church kitchen vs. a Heritage-type restaurant. Ms. Beardsley responded, noting that in the past Sherborn inspected establishments much more frequently than required by State regulations, and she noted that has been cut back due to budget cuts. 3. Preferences for communications distribution to the Board The Chair noted that she frequently has correspondence with the Agents, office staff, other authorities, and residents, and she asked if the Board members want to be copied on all communications. She noted that the members could not respond to the communications (per the Open Meeting Law), but they might have a better understanding of the background to some topics at the meetings. Ms. Campe stated that she would like to receive s only on an as-needed basis. Dr. Vitale also requested s only on an as-needed basis, or only when he can be helpful. He said he was happy to receive the correspondence, but he is also happy to receive only filtered correspondence Abbey Road, John & Kim Legelis Building Application #17-31 / Deed recording issue (see Minutes of 8/16/17-#11, 7/19/17, and 6/21/17) The Chair reviewed previous discussions, and noted there was a question of whether or not the Master Deed would sufficiently limit the units to 2-bedrooms. The Master Deed was sent to Town Counsel for an opinion, and she responded that she did not believe the Master Deed restricted the units to 2-bedrooms, so additional language would be needed to accomplish that. Attorney James Murphy, who was in the audience, stated that if something extra needs to be put on the deed, it would cost all of $75.00, and he stated that this was a solve-able problem. Ms. Campe noted that this is a clarity issue with the precision of the language. Ms. Beardsley stated that the Building Code, Housing Code, and Title 5 do not all align, so the deed recording needs to be more specific. Mr. Murphy stated that they would not want to change the Master Deed, but they could do a general deed restriction. Dr. Hunnewell commented that she believes the Board should follow the guidance of MassDEP when conflicting codes are in play, noting that this issue has come up in multiple contexts. Ms. Beardsley stated that the Board/Administrator will provide Mr. Murphy with the suggested language. 5. Continued Concept Discussion of reduced depth to groundwater for new construction (see Minutes of 8/16/17-#3 and #12, 7/19/17, 6/21/17, 4/5/17, 3/15/17, 2/1/17, 1/4/17, 10/13/16, 6/27/16-#12, Page 2 of 9

3 6/15/16-#22, and 5/18/16-#16(C)) Engineer Bert Corey was present, as was Attorney James Murphy. Ms. Beardsley reported that she has been unable to connect directly on the telephone with contractor Scott Horsley. She stated that she has let him know about tentatively attending the next meeting. Planning Board member Marian Neutra, who was in the audience, asked for a quick update as to where the Scott Horsley project stands, and the discussion then moved on to discussion about the Scope of Work for the Mounding Study. Ms. Beardsley reported that Mr. Horsley has started researching, but she has not heard what, if anything, he has found to date. The Chair stated that the Scope of Work for the study is divided into 2 phases: (1) Literature and research review find out what information exists already for alternative mounding designs pursuant to answering the question of how could the Board of Health amend what MassDEP already specifies for mound design with additional provisions so they perform better. Ms. Beardsley noted that Mr. Horsley lives on Cape Cod and has some association with the Barnstable County Health Department, which has done a lot of work in this area. If information with potential is found during Phase 1, then: (2) Analysis create something that would work as a regulation to implement Ms. Campe stated that a written report with citations should be provided at the end of the project, and Ms. Beardsley stated that it would. The Chair noted that Mr. Horsley has often worked with MassDEP on related matters, and she stated that the Board will need to comply with MassDEP for alternative systems. Resident Peter Liffiton commented that if Mr. Horsley lives on Cape Cod, it would be a long trip to Sherborn, and he felt it would not be productive to have him attend a meeting until there is plentiful information to report. Dr. Vitale stated that the goal of the Board is to be mindful of the budget and also complete this study in a timely fashion. He noted that the Board has heard that people want this done quickly, but also with budget constraint Farm Road, Richard Cawley Request to re-certify existing 4-bedroom system to 5- bedrooms Mr. and Mrs. Cawley were present. A letter dated 8/23/17 from engineer Paul Saulnier was reviewed. Agent Oram noted that the existing septic system was built in 1984 under the 1978 Title 5. The new Title 5 came out in In 1984, Sherborn had regulations more strict than Title 5, and the system was built with a 600-gallon/day design flow for a 4-bedroom house. There is a garbage grinder, but Mr. and Mrs. Cawley stated that it is rarely used. Agent Oram stated that the owners are requesting that the Board consider re-certifying that 600- gallon design flow for 5-bedrooms, for the purpose of an addition. Ms. Beardsley stated that key in the guidance from MassDEP is the gallonage shown on the original Disposal Works Construction Application. She felt that the garbage grinder should be removed, with the Agent inspecting to verify its removal, and a deed restriction should be required. Both Mr. and Mrs. Cawley agreed with that suggestion. The Agent stated that it is important to note the gallonage of the existing soil absorption system. A motion was made to re-certify the existing 600-gallon 4-bedroom septic system serving 100 Farm Road to a 5-bedroom system based on the information presented and conditional to: Receipt of a passing Title 5 inspection report, and Removal of the existing garbage grinder and a deed restriction prohibiting the future installation of a garbage grinder The motion was seconded and unanimously approved. APPROVED 4-0 with conditions It was noted that the floor plans for the proposed future addition will be reviewed when the Building Application is submitted. The room count must meet the Board of Health regulations for a 5-bedroom system. Page 3 of 9

4 7. Housing Production Plan Planning Board member Marion Neutra was present. Ms. Neutra reported that this plan is completed and was approved by the State on June 1, Now, any new proposal for affordable housing will count toward the number required by the State. She stated that there are no new projects at this time beyond what has been in process before that date. It was noted that everyone in town seems to want to preserve open space and rural character as much as possible, and as long as there is the threat of 40Bs that is not possible. The Administrator noted that the Town Planner provided 2 hard copies of this Plan to the Board of Health one for the office and one that could be circulated amongst the members. All members stated that they would prefer to wait for the electronic version. Ms. Neutra then stated that over the summer, Planning Board Chair John Higley and Ben Stevens of Trask, Inc. had discussions about 84 and 104 Coolidge Street. As a result, Mr. Stevens is now proposing a completely new idea ( Meadowbrook Crossing vs. Coolidge Crossing ) in order to do what he wants to do as much as possible. He has put together a PowerPoint with this new proposal, and it was presented at the Planning Board meeting on 9/5/17. Ms. Neutra stated that it is an idea that could allow Sherborn to meet its affordable housing requirement, and the Planning Board is considering it. Ms. Beardsley stated that she heard the plans call for both a Wastewater Treatment Plant and a Public Water Supply, and she asked if that was correct, and Ms. Neutra responded affirmatively. The Administrator noted that Town Planner Gino Carlucci had provided two hard copies of the PowerPoint, and she asked if any Board member wished to take one to review. All Board members stated that they preferred to wait for the electronic version South Main Street, Frank & Nancy Hess Building Application #17-32 Mr. and Mrs. Hess were present. Health Agent Oram reviewed the history of this property, as provided by Mrs. Hess with the building application, noting that when the Hess s purchased the property in 1965 it was a 4-room bungalow. The existing septic system is the original system, and there is no information on it the design flow is unknown. In the 1970 s a second floor, with 4-bedrooms, was added, and in the 1980 s the existing garage was replaced with a new garage with an efficiency apartment above. [This garage is now known as 64A South Main Street.] In the 1990 s, the septic tank was replaced. The proposal is for a 1 st floor handicap-accessible bedroom addition. Two existing bedrooms on the second floor will be combined, so the overall number of bedrooms will not increase. The Agent stated that the issue is that the design flow of the septic system is unknown no percolation tests, no soil evaluation. As was discussed earlier this evening, MassDEP requires that the best available original design flow information be used, which in this case is the 4-room bungalow. Mrs. Hess stated that the system has never been a problem, and noted that Dr. Taddeo (Health Agent) allowed them to do the previous work. She stated that when her parents were living with them, there was more people living with them than there will be after the addition is built. Ms. Campe asked if there was any way someone could do soil testing now. Agent Oram responded that if they proceeded and hired an engineer and conducted soil testing, the Board could grant variances necessary for a replacement system. Ms. Campe informed the Hess s that they have the option to roll the dice and do the soil testing, but she cautioned that there is a chance (or high probability) that it won t pass. Agent Oram suggested that they first conduct exploratory testing with an engineer. If they find something that doesn t work, they would not be required to disclose it. Mr. Hess stated that they had hoped to have a foundation in before December. Dr. Vitale stated that this is a difficult situation, and it is not the current owners it is to protect the next person who owns the home. He noted that this impacts their neighbors. He said that the Board has no intent to not be fair to them, and he stated that there is a reason the regulations exist. This is the time for the Board to look at this septic system. Page 4 of 9

5 Ms. Campe recommended that the Hess s hire an engineer to investigate the system, stating that they do not have a lot to lose. Dr. Vitale briefly reviewed Innovative/Alternative Technologies, and the Agent noted that some I/A systems require maintenance agreement(s) and/or deed restriction(s). Ms. Beardsley noted that while she understands that this is a painful process, it is environmentally a good thing to upgrade an older system. The Agent stated that the Building Application must be denied at this time due to the inadequacy of the existing septic system. He suggested that the owners look at the MassDEP website for information on betterments allowed for potential low-interest loans. 9. General Chemical, Framingham (see Minutes of 5/3/17, 2/15/17, 2/1/17, 4/6/16, 3/16/16, 1/6/16, 9/16/15, 8/19/15, 8/5/15, 7/22/15-#3 and #13, 6/17/15, 6/3/15, 5/20/15, 3/18/15, 1/21/15, 1/17/14, 8/20/14, 6/18/14, 4/30/14, 12/4/13, 11/6/13, 7/17/13, 6/19/13, 6/5/13, 7/18/12, 6/19/12, 6/6/12-#6 and #20, 5/2/12, 4/11/12, 3/21/12, 3/7/12, 2/15/12, 2/1/12, 1/18/12, 1/4/12, 12/21/11, 12/7/11, 11/16/11, 8/18/10, 1/19/07, 12/20/06, 11/15/06-#20, 11/9/06-#32, 11/1/06, 10/18/06, and 7/19/06) Ms. Campe gave a short summary of the General Chemical site, issues, and current status. These Minutes provide a brief synopsis of some of the points. General Chemical operated for decades receiving hazardous waste, treating it, and disposing of it elsewhere. Over the years there were a number of releases on the property including volatile organic compounds, primarily, chlorinated chemicals, and 1,4 Dioxane. These releases effected the soil on that property it went into the shallow groundwater, then deeper groundwater, and bedrock (fractures). Some of the materials that leaked were pure dense non-aqueous phase liquids DNAPL. The fractures become super-highways for flow, and movement in fractures are typically north-south or east-west. The contamination started on the property, and then moved off the property initially from the shallow groundwater. The company knew they contaminated homes around them, so they bought those homes, and they now remain vacant. The Woodrow Wilson School directly abuts this property. Complicating factors include the MWRA Aqueduct (contamination got into it), and Sherborn being downgradient. There is a network of groundwater monitoring wells both on and off the property, and some of these wells are deep and some are shallow. Some deep wells on the General Chemical property have contamination levels above the drinking water standards. Testing of some Sherborn private wells has shown some trace levels of contamination found. Problems right now include the fact that the company has declared bankruptcy, there is an inadequate clean-up plan, and an escrow that is woefully insufficient. The clean-up plan (that nobody likes) cannot be funded with the money available. The longer the clean-up takes, the more the contamination of wells could be, or the more it could spread. Ms. Beardsley noted that when MassDEP personnel collected water samples from Sherborn homes, they did not follow sampling protocol, so the test results might not be fully accurate and might be low for VOCs. At this point, MassDEP has decided a contractor will do some monitoring. They will be sampling a couple of places in Sherborn, including Sunshine Dairy and a residence on Coolidge Street. Ms. Campe stated that this sampling should be happening now, and hopefully we will see some data in a couple months. She stated that the pace will be slow. Ms. Beardsley reported on the recent General Chemical meeting in Framingham, noting that in attendance were representatives from Sherborn, Natick, and Framingham, various legislative representatives, Town Administrators, Health Agents from Framingham, Natick, and Sherborn (Ethan Mascoop), and TRC technical consultant Drew Smythe. MassDEP has been cutting back on the old testing regime, with different wells now being tested. MassDEP noted that there is some issue of not doing too much right away in the hopes that it gets designated as a Super Fund site. Page 5 of 9

6 Sherborn must stay on top of what we are seeing and what wells are being tested. We must educate those people who might need to get their wells tested. Ms. Beardsley noted that the budget is very tight for MassDEP. They have $1.3 Million, but the EPA had recommended a $6.6 Million preliminary clean-up. When DEP came and spoke at a Selectmen s meeting, they noted that the contamination in Sherborn was trace, but we see test results for new wells in Sherborn frequently and that sort of contamination typically does not show up at all. Dr. Vitale stated that we need to share this information with impacted homeowners. Ms. Campe noted critical exposure pathway in the regulation, stating that if there is site-related contamination detected in a potable well it is considered a critical exposure pathway and requires an immediate response action. In response to a comment about General Chemical providing more funds for remediation, Ms. Beardsley stated that there are people working on following the corporate financial resources. General Chemical still owns the property, but won t do anything to clean up and they will not allow MassDEP onto the property. She stated that the Selectmen have been keeping on top of this issue, along with Agent Ethan Mascoop. Advisory liaison Jeff Waldron noted that there is a lot of information posted on the Town website Eliot Street (Lot 1) Top Notch Homes Sherborn LLC Revision to a Previously Approved Plan #17-80 (see Minutes of 9/21/16) The Agent presented the plan, noting that it was previously approved under #15-117/118 with a different I/A Technology. The Agent recommended approval of the plan as presented, and such a motion was made, seconded, and unanimously approved. APPROVED Flu Clinic The Administrator has begun planning the 2017 flu clinic, noting that 100 doses of vaccine were privately purchased and can be used to vaccinate senior citizens (or anyone else). The State will be sending 80 doses, which can only be administered to children under 19-years of age or uninsured adults. In response to a question from the Administrator, Dr. Vitale stated that he was unable to fill the Medical Director role at the flu clinic, and he stated that he does not administer shots. Dr. Hunnewell offered to help out at the clinic. Planning is ongoing. 12. Trees Ms. Beardsley stated that there is an issue of whether the Board of Health should be more engaged in the relationship of trees to road safety in Town. She recalled reading a study approximately 10 years ago about trees and their relationship to driving and safety, andthat it concluded there wasn t a correlation between a reduced number of accidents and moving trees away from the road. Instead, trees actually slow people down. She stated that there are other entities in Town that deal with road safety: The Tree Warden, who looks at the health of trees Utilities, who do culling to prevent interruption of service the Planning Board, which is the authority for Scenic Roads and must review any of these proposals The CM&D, Traffic Safety Committee, and the more general Public Safety Committee The last time this was discussed by the Board, they determined that there were others who had responsibility and were taking care of the issue of trees. They determined that this would not be something the Board of Health would take on at the time. The Chair noted that was the reason this Agenda item was worded the way it was. Also, the Board has a representative on the Public Safety Committee and this issue may be addressed there. Dr. Hunnewell stated that one philosophical argument is what the role of government is. She stated that she feels there is a value to the Board s input on this issue, because the public will benefit from different perspectives. She stated that she personally has an interest in this topic, due to a personal Page 6 of 9

7 experience. Dr. Hunnewell stated that she accidentally fell into this debate 20-years ago when she moved to town, and she was interested that people were interested in safety. She noted that clinicians are required to disseminate safety information every day. She provided copies of an undated document The Relationship of Street Trees to Safety in Sherborn Massachusetts, A Retrospective Analysis for the Board s information. Dr. Hunnewell noted the Safety Study completed 20-years ago to evaluate safety by examining objective data. Dr. Hunnewell felt that the second phase will be relevant and we should collaborate with other committees. Ms. Campe stated that, as a cyclist, road safety is an issue. She noted that volume of traffic, speed on the road, cell phone usage, and wider roads all can lead to more accidents. Dr. Vitale stated that he was hesitant to have the Board take on this as an issue, arguing that the Board has enough to do. Ms. Campe stated that she felt people who are managing our roads in town need to think about this. Some modifications to intersections that have been done don t make any sense. She felt these are safety and planning issues for our highway department. In response to a question from the Chair, Dr. Hunnewell stated that she is on the Public Safety Committee (as a non-voting member), and that this has not been discussed by that committee. Dr. Hunnewell stated that she is planning to complete the second phase of the study, and she asked if the other Board members are interested in reviewing it when done. Ms. Campe stated that she was worried about scope creep noting that we are the Board of Health and not the Board of Health and Safety. Dr. Vitale agreed, stating that it is outside the scope of the Board of Health, but he stated that he is interested as a resident. Ms. Beardsley stated that this is an interesting study and should be considered by safety authorities. Dr. Hunnewell stated that she thought it would be important to report back to the Board. Advisory liaison Jeff Waldron suggested that Dr. Hunnewell look at trees and the severity of accidents, not just the frequency of accidents, but Dr. Hunnewell responded that she was limited by the data. Mr. Waldron noted that Eversource came up with a plan to remove trees not just prune them. They are being more aggressive at removing trees. He noted that the CM&D has a new database for trees that might be helpful /20/17 Agenda Items The Administrator noted that several Variance Hearings have already been scheduled for the next meeting. Ms. Beardsley stated that she would let the Administrator know if Scott Horsley should be scheduled. Dr. Vitale requested that a discussion about Deer Hunt/Ticks/Lyme disease be added. 14. The Minutes of 8/16/17 were reviewed and approved as amended. 15. The Board reviewed and signed Payroll # Executive Session Ms. Beardsley stated that the Board would be entering Executive Session, under Exemption 7, to comply with or act under the authority of any general or special law to review and approve the Executive Session meeting Minutes of 8/16/17. She stated that there would be no further business conducted in Open Session, and that the Board would return to Open Session only to formally adjourn the meeting. By a roll call vote: Chair Daryl Beardsley AYE Vice Chair Rebecca Hunnewell, MD AYE Member Lisa Campe AYE Page 7 of 9

8 Member Matthew Vitale, MD - AYE The Board entered Executive Session at 9:45 PM and relocated to the Board of Health office (Room 205). By a roll call vote: Chair Daryl Beardsley AYE Vice Chair Rebecca Hunnewell, MD AYE Member Lisa Campe AYE Member Matthew Vitale, MD AYE The Executive Session ended at 10:35 PM, the Board returned to Open Session and immediately adjourned. Respectfully Submitted, Ellen J. Hartnett Administrator cc: Town Clerk; Board of Assessors; Fire Chief; Building Inspector; Mark Oram, Agent; Newspapers (2); and File. [cc: via to: Conservation Commission; Planning Board; Selectmen] M doc DOCUMENTS REVIEWED AT THE 9/06/2017 MEETING (All items stored in the Board of Health files unless otherwise noted) 1. 6 Abbey Road Master Deed of the Abbey Road Condominium, received 8/17/17 from Atty. James Murphy Building Application #17-31 (located in Building Department) Town Counsel opinion dated 8/25/17 (Confidential not a public record / Attorney-Client Privilege) Farm Road 8/23/17 letter from Paul Saulnier, P.E. request to approve septic system for 5 bedrooms 4/25/84 Application for Disposal Works Construction Permit for Lot 3 Lake & Farm Street 10/12/01 guidance from MassDEP Technical Assistance 310 CMR , Title 5 3. Housing Production Plan Bound copy of the HPP, adopted 6/1/ & 104 Coolidge Street Copy of Trask Inc. PowerPoint presentation dated 9/5/ South Main Street Building Application #17-32 (located in Building Department files) Architectural plans for Hess residence addition drawn by dctdesigns of Shrewsbury, dated 8/2/17 Page 8 of 9

9 6. 59 Eliot Street (Lot 1) Revision to a Previously Approved Plan #17-80, drawn by Marchionda & Associates, L.P., dated 3/25/17 and revised 8/11/17 7. Warrants / Payroll Payroll #5 8. Minutes BOH meeting Minutes of 8/16/17 9. Trees The Relationship of Street Trees to Safety in Sherborn Massachusetts A Retrospective Analysis, undated, received from Rebecca Hunnewell, MD on 9/6/17 Page 9 of 9