Tewksbury Board of Health

  Meeting Minutes

March 21, 2002

Chairman Stephanie Wilkie called the meeting to order at 7:02 P.M.  Present were Vice Chairman Edward Sheehan, Director of Public Health Thomas Carbone and Recording Secretary Dawn Cathcart.  Susan Sullivan was not present.

Discussions

Tewksbury Hospital Zone II Overlay Protection Bylaw – Ruth Alfasso from the Massachusetts Department of Public Health and William Kelleher from Tewksbury State Hospital appeared before the Board of Health to continue discussions on the Zone II Protection Bylaw.  Ms. Wilkie stated that she appeared before the Conservation Commission on March 20, 2002 and they had the following concerns:

(a)                Size of Zone II.  Would it decrease if the amount of water used was decreased?  Ms. Alfasso stated that the process to create the Zone II was based on historical data and the size of the wells and pumps.  Ms. Wilkie stated that Steve DeFrancesco stated that the two numbers used were 260 and 365 gallons per minute from the two wells.  Mr. Kelleher stated that Zone II was based on the total numbers at a worst case scenario.  It’s based on maximum capability.  Ms. Wilkie stated that Tewksbury State Hospital has fewer people now than in previous years.  Mr. Kelleher stated that was true, but DEP was the one that developed the numbers.

(b)               What would the term be for the citizen members on the SPGA?  Mr. Carbone stated that they would have a 1-year term expiring on May 1^st.  Ms. Wilkie and Mr. Sheehan agreed.

(c)                Would the State Hospital need to comply with the by-law?  Ms. Wilkie stated that Ray Sansone would write a letter stating that the Department of Public Health would comply fully with the town’s by-law.  Ms. Wilkie requested that Ms. Alfasso follow up with that letter and that the letter was needed by March 29, 2002 and that letter would also be referenced in the by-law.

(d)               Is the Zone II Water Protection by-law really a zoning issue?  Ms. Wilkie stated that she would call Town Counsel to get an opinion.  Ms. Alfasso stated that no matter what; DPH has to attempt to abide by the DEP rules and encourage the adoption of the by-law.  Mr. Kelleher stated that Mr. Deackoff from the Conservation Commission indicated that other state organizations do come before town boards.

Mr. Carbone stated that he received a memo from Steve Sadwick with some issues regarding Zone II.  Ms. Wilkie and Mr. Sheehan agreed with Comments #1 through #6.  There were also 3 questions from a member of the Planning Board which were discussed.

Motion:  Ms. Wilkie moved that the Board of Health support the Groundwater Protection District with the following conditions..  This was seconded by Mr. Sheehan and unanimously voted 2-0

1)      Accept notes #1 through #6 from Steve Sadwick’s March 20, 2002 memo.

2)      Prior to submission, a letter is to be received with clear indication from DPH that they will impose the same restrictions on Tewksbury State Hospital’s property that the town does off of the property.

3)      This will be submitted as two articles, one in the layout of the existing Zoning Bylaw numbers, and one in the layout in the proposed numbering system.

Ms. Alfasso and Mr. Kelleher thanked the Board of Health on behalf of the Tewksbury State Hospital.

Residents

Matt Dailey of Anthony Road.  Mr. Dailey asked if the SPGA would be a separate board.  Ms. Wilkie stated that yes, it will be separate but it’s not a board, it’s a granting authority.  The Planning Board will enforce the Order of Conditions.  Mr. Carbone added that not everyone in the Zone II needs to come before the SPGA, only if you meet certain criteria.  Mr. Dailey asked if other communities have this.  Ms. Wilkie stated that there are 27 other communities that have adopted this.  Mr. Dailey asked if there were any communities that have rejected this.  Ms. Wilkie stated that there were none she was aware of.  Ms. Wilkie stated that this project is mandated by DEP where drinking water supplies come from ground water.  Mr. Carbone stated that the location of underground storage of hazardous materials is not covered by any law.  This will now be covered under this bylaw.  Mr. Sheehan added that all existing gas stations have had all the underground gas tanks dug up and put into concrete cases.  Mr. Dailey asked if fertilizer on state ground was exempt from this bylaw.  Ms. Wilkie stated that agriculture is addressed in the bylaw.  Mr. Carbone stated that the bylaw doesn’t say you can’t use fertilizer, but the hospital has to watch the nitrates because the water quality would go down and the DEP would be on them.  Mr. Dailey asked where the wells were located.  Mr. Carbone stated that they are located off of East Street.

Public Health Month – Mr. Carbone stated that Golds Gym would be at the Senior Center on April 23^rd.  Mr. Carbone asked Ms. Wilkie to come up with a slogan to put on the town sign.

Appointing Authority – Mr. Carbone stated that Ms. Barbeau is looking for the correspondence with Mr. Cressman and Attorney Zaroulis.  Ms. Wilkie stated that this would be tabled until next meeting.

Sign Massage Regulation Amendments (Sue and Ed) – Mr. Carbone stated that Mr. Sheehan can sign the massage regulation amendments, but we still need Ms. Sullivan to sign.

Sign Septic System Regulation Amendments (Stephanie and Ed) – Ms. Wilkie and Mr. Sheehan signed the septic system regulation amendments.

Approval of Minutes

Motion:  Mr. Sheehan moved to approve the November 01, 2001 minutes.  This was seconded by Ms. Wilkie and unanimously voted 2-0.

Motion:  Ms. Wilkie moved to approve the January 17, 2002 minutes.  This was seconded by Mr. Sheehan and unanimously voted 2-0.

Director’s Report

Mr. Carbone gave an update on Dean Treachis.  Mr. Cressman has denied Mr. Treachis’ claim that his injury is occupational related, and Mr. Trearchis is now using his sick and vacation time.  Mr. Carbone talked with Mr. Cressman and he is allowing Mr. Treachis to use his accrued time for next year.  Mr. Treachis has declined this.

Mr. Carbone stated he has received a letter from DEP asking that the Board consider adopting a local regulation for banning disposal of mercury thermostats in the trash.  Mr. Carbone asked the Board to consider sending a letter back stating that we don’t have the personnel to enforce this regulation.  Pat Scanlon is sending a draft regulation for information.

Mr. Carbone stated that he met with the DPH regarding the West Nile Virus.  They are still formulating the plans for this season.  Last year they had a CDC grant to provide interns to pick up the birds, but they won’t have that this year.  There is a proposal for a depot at the Tewksbury State Hospital, so it won’t be a problem for us.

Ms. Wilkie asked if there were any financial concerns regarding the Groundwater Protection bylaw.  Mr. Carbone stated that the only financial need would be if the SPGA needs a staff.

Motion:  Ms. Wilkie moved to adjourn at 8:20 PM.  This was seconded by Mr. Sheehan and unanimously voted 2-0.