Tewksbury Board of Health

Minutes

Tewksbury Board of Health

January 3, 2002

Chairman Stephanie Wilkie opened the meeting at 7:08 PM. Present were Vice Chairman Edward Sheehan and Director of Public Health Thomas Carbone. Clerk Susan Sullivan and Recording Secretary Christina Shea were not present.

Tewksbury Hospital – Request for Groundwater Protection District

Ruth Alfasso from the Massachusetts Department of Public Health, William Kelleher from Tewksbury Hospital, and Blake Martin of Weston and Sampson appeared on behalf of the hospital. Mr. Martin gave the Board an overview of how the Zone II had been delineated and the state requirements for such a zone.

Geraldine Murphy of 219 Old Main Street spoke, stating that the Zoning Board of Appeals (ZBA) should not be the Special permit Granting Authority (SPGA) because they do not have the ability to hire independent consultants to assist in reviews. She further feels that only a hydrologist should be able to speak to the SPGA on the Zone II delineation, not someone such as a land surveyor. Ms. Alfasso stated that the SPGA was up for debate. Town Counsel Charles Zaroulis stated that the ZBA does have the ability to hire a consultant if it writes that ability into its regulations.

Doug Sears of 80 Geiger Drive appeared. He stated that as a member of the Tewksbury Hospital Board of Trustees, he had not been advised that this was occurring. He stated that the ZBA should not be the SPGA.

Stephen Deakoff of 674 East Street appeared; he is a member of the Conservation Commission. He had compared the draft to the state model, and questioned why there were items like the purpose, scope, authority, and severability clauses missing from the draft. He also felt that an addendum authored by the Town of Mashpee dealing with best management practices as they relate to impervious surfaces should be included. Ms. Alfasso responded that the missing clauses had been omitted because they are already included elsewhere in the zoning bylaw. She had not included the Mashpee addendum because she thought that it would be difficult for the town to include.

Gayle Perdicaro of 51 Chandler Street asked why they had used a 1987 base map, and if there was a key available to the numbers representing potential contamination sources listed on the map. He response was that the 1987 map is the most recent USGS map available, and that regulations require its use. The key is part of the report, and is available at the Board of Health office.

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                                                                        Clerk
Board of Health Minutes

January 3, 2002

Page 2

Ms. Wilkie suggested that the SPGA should be made up of representatives of the Board of Health, Board of Selectmen, Planning Board, Conservation Commission, Tewksbury Hospital, the community, and the Town Manager. She felt that it was good political practice, and would bring a better cross section of disciplines to deal with issues involving the ground water.

Richard Morris of the Tewksbury Hospital Board of Trustees stated that he worried that there had not been enough public input on the matter. He felt that there was not enough notice, and he was worried not only about the hospital water supply, but also about how it would impact on the town in general.

Mr. Deakoff stated that under the current bylaws, the Planning Board and ZBA were both SPGA’s, and the Planning Board should be the SPGA in this matter. He pointed out that section 8331 states that other Boards and departments are to be consulted while considering any proposal under this bylaw. The Planning Board has such a system in place, has regulations to encompass the special permits, and has consultants in place.

Mr. Kelleher stated that he was aware that Andover has already gone through this to an extent, and that the Town may wish to consult with them on how they protect their supply.

Director of Community Development Steven Sadwick stated that staff had already met with Andover representatives, and that Mr. Carbone was proposing language to be added to the bylaw that would give the Board of Health a strong say in any special permit granted, and that the language mimics that from the Subdivision Control laws. He also felt that the staff could look at the Mashpee model for the next meeting.

Mr. Carbone then addressed some of the issues in his memo to the Board, including the language Mr. Sadwick referred to, and the need to better define the boundaries of the district.

Rebecca DeWertz of Representative Miceli’s office stated that the Representative was in favor of protecting the aquifer.

Motion: Ms. Wilkie moved to table the discussion to the meeting of January 17, 2002. The motion was seconded by Mr. Sheehan and unanimously approved.

Ms. Wilkie called a 5 minute recess.

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                                                                        Clerk
Board of Health Minutes

January 3, 2002

Page 3

Ms. Wilkie reopened the meeting at 7:55 PM.

Smitty’s Liquors, 1091 Main Street; Show Cause Hearing (Cont.)

Mr. Carbone advised the Board that Mr. Smith had investigated different software packages to add to his register to prompt employees to check ID’s, but none were appropriate for him. He did provide information on a stand-alone card swipe machine that he was looking at, that might do what both he and the Board wanted. Motion: Ms. Wilkie moved to table the item to the next meeting. The motion was seconded by Mr. Sheehan and unanimously approved.

Board of Health Appointing Authority

Ms. Wilkie had no further information on the matter and tabled it to the next meeting.

New Jersey Road Pump Station

Mr. Carbone had no further information on the matter, and it was table to the next meeting.

Approval of Minutes

Ms. Wilkie moved to approve the minutes of December 20, 2001. The motion was seconded by Mr. Sheehan and unanimously approved. Minutes for November 1 and 15, 2001, were tabled.

Director’s Report

Giovannis’ - Mr. Carbone advised the Board that he and Sanitarian Dean Trearchis had closed Giovanni’s Roast Beef and Pizza at 2144 Main Street that day, following an inspection prompted by a complaint. Mr. Carbone stated that the establishment was filthy, that the fire suppression systems were out of code, and that the food handling lacked safeguards against contamination. The owner expected to remain closed through the weekend. Because it has been less than one year since the owner had been brought in for an Administrative Hearing, the Board instructed Mr. Carbone to schedule a show cause hearing at the next meeting for the Board to consider a revocation, suspension, or amendment of the operating permit.

FY03 Budget – Mr. Carbone asked the Board to amend its budget request to ways. First, he has done some preliminary work that indicates a $500 wage increase for the Animal Inspector is warranted. He has requested that the Board request that funding in its budget. Second, he forgot to request funding for the summer inspector for June of 2003; the added four weeks of salary would be needed to take some one right out of college. Motion: Mr. Sheehan made a motion to amend the budget request as stated. The motion was seconded by Ms. Wilkie, and unanimously approved.

There being no further business, the meeting was adjourned at 8:10 PM.

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                                                                        Clerk