Chairman Stephanie Wilkie called the meeting to order at 7:00 P.M. Present were Vice Chairman Edward Sheehan, Susan Sullivan, Director of Public Health Thomas Carbone and Recording Secretary Dawn Cathcart.
Dan Plachowicz of 154 Charles Drive appeared for the Animal Regulation Amendment hearing. Mr. Plachowicz stated that he wanted to talk about miniature horses. Mr. Plachowicz stated that he checked with other towns and presented their regulations to Mr. Carbone. Mr. Carbone stated that he looked at a number of other towns’ bylaw and Tewksbury has the most details. Most of the other towns had one or two pages and didn’t address what our regulations do. Mr. Plachowicz stated that in Dracut, miniature horses are not the same as regular horses. They don’t need as much space because it’s 250-lb. animal vs. 1,500-lb. animal. Miniature horses should not be grouped with regular horses. Ms. Wilkie asked what the size of the corral and how many miniature horses does Mr. Plachowicz have. Mr. Plachowicz replied it’s about 3,000 – 4,000 SF and there are three miniature horses. Ms. Wilkie asked how many stalls are there. Mr. Plachowicz replied each mini-horse has a 6’ x 8’ stall. Ms. Wilkie asked how this affects the proposed regulations. Mr. Carbone stated that this makes sense. The thought was the regulations were broken down by large and small animals. Section 4 may need to be tweaked, but we can’t encompass every animal. Ms. Wilkie asked what would happen to the “in between” animals. This board could consider each request and could grant variances as needed. Mr. Carbone stated that the existing regulations give the minimum standard. The board has the ability to grant a variance. Ms. Wilkie stated that the regulations should not be changed to handle all animals, and each request for a variance would be handled individually. Mr. Plachowicz stated he is not as worried about this board, but the ZBA. Mr. Carbone stated that the new bylaw changed the control of the Animal Regulations back to the Board of Health. Ms. Wilkie stated that there is wiggle room in the regulations. Mr. Plachowicz stated that Dracut’s bylaw states that 1.5-meter animal requires 4,000 SF lot and a large animal requires a 10,000 SF lot. Mr. Plachowicz added that as long as the set backs are met, the size of the animal should be considered.
Charlotte Cooper of 95 Chandler Street – Ms. Cooper stated that Mr. Carbone did a great job revising the regulations. One of the concerns is if the owner could transfer the permit if the land was sold. Mr. Carbone stated that Section 3.3 allows the buyer of a property to maintain the same use as when bought.
Mr. Carbone stated that the following changes have occurred. In Section 4.0, livestock was adjusted. This could be adjusted more to include setbacks for stables and corrals. In Section 10.1, changed 6 or more small livestock to 1 + .5 per every five head. Ms. Wilkie asked if this was adequate. Mr. Carbone replied yes. In Section 12.2, no animal can roam free. In Section 12.3, this deals with abutters. Mr. Carbone stated that he is going to check with the people who raise pigeons.
Mr. Carbone stated that he is trying to balance farming with development.
Ms. Wilkie stated that Jennie McCarthy is speaking on behalf of Susan Sullivan. Ms. McCarthy asked if people who have animals are grandfathered in. Mr. Carbone replied that was correct.
Ms. Wilkie asked Mr. Carbone to look at the live stock definitions and small vs. large animals.
Mr. Plachowicz stated that there is a program using mini-horses for the blind. Mr. Carbone stated that would be classified under seeing eye animals.
MOTION - Ms. Wilkie made a motion to table the Animal Regulations Amendment until September 19, 2002. The motion was seconded by Mr. Sheehan and unanimously voted 3-0.
Mr. Carbone read the public hearing notice. Attorney Scott Consaul of 267 River Road stated that he is the General Manager for Good News Fitness and a Special Municipal Employee. Attorney Consaul stated that he is questioning the proposed change to Section 6.4. Currently, Good News Fitness has a hard-wired phone. Ms. Wilkie stated that with this device, all a person has to do to tap and button and it dials directly into 911. Attorney Consaul asked how much this system costs. Ms. Wilkie stated about $800 or less. Mr. Carbone stated he would call and get some prices. Attorney Consaul stated that it is not cheap, but it is probably a good idea. If this is going to be required, we need advanced notice to get everything lined up. Mr. Carbone stated that the Fire Department and Police Department have endorsed this either verbally or written.
Attorney Consaul stated that Section 9.0 applies only to Good News. Initially in 1998, there were peaks in hours and the Board of Health grandfathered us in. The front desk personnel, who are CPR certified, monitor the pool by video during off-peak hours because it’s tough to get a lifeguard to come in at 5:30 AM. It has worked well. In Section 9.3, it lists two causes to revoke this, non-functioning and cause, neither of which applies. Attorney Consaul respectively requested that Section 9.0 be kept. Ms. Wilkie stated that the grandfather clause is in question, because the business has been sold. Mr. Carbone stated that he is not sure if the exception follows the company. Attorney Consaul stated that the grandfather status “runs with the land”. If a house is granted a variance on a grandfathered lot and it’s sold, the variance remains with the lot. Orion Fitness still owns the land, Good News Fitness leases the property.
Ms. Wilkie stated that the condominiums fall under the same requirement and this was brought to her attention about the video and it was shocking. Ms. Wilkie stated she feels strongly that the video monitoring is not effective for safety of the people in the pool. Attorney Consaul stated that he made a financial investment in the video and there are two pools. The lifeguards are on full time for the outside pool, so the video only applies to the indoor pool for the hours of 5:30 AM – 9:00 AM and 8:00 PM – 9:00 PM. There are two monitors, one in the office and one at the front desk. There is a very good response time. Ms. Wilkie stated that someone could drown at any time. Ms. Wilkie asked if they put the video camera in before they asked the Board of Health. Mr. Carbone replied no, that a few years ago lifeguards weren’t required. The Board of Health did not require it, and Northmeadow brought it before the board. Attorney Consaul stated that there were no video cameras installed prior to coming to this board.
Mr. Sheehan asked how long the video cameras have been there. Attorney Consaul stated since 1998 or early 1999. Mr. Carbone stated that the hearing should be continued until the next meeting and allow for two weeks of written testimony.
MOTION - Ms. Wilkie made a motion to continue the discussions on the Swimming Pool Regulation Amendments until September 19, 2002. The motion was seconded by Mr. Sheehan and unanimously voted 3-0.
Sam Krikorian of 9 Hillcrest Road appeared for discussions on the Sidewalk Committee’s 5-year plan. Mr. Krikorian stated that the Sidewalk Committee is going ahead with the article for the Special Town Meeting. There are 5 streets it is looking to put sidewalks on. They are Shawsheen Street, North Street, Brown Street, Foster Road and South Street. The Town has allocated $50,000 for a study on Shawsheen Street.
Ms. Wilkie stated she likes how the crosswalks are painted and the signs are up. Ms. Wilkie stated that this is important, but with difficult times ahead, getting a Prop 2-½ override is going to be tough. Mr. Krikorian stated that this project will go over 5 years and it will cost each household $100. If the proposal does not get a 2/3 vote at Town Meeting then it dies.
David Silva of 1223 Shawsheen Street – Mr. Silva stated he is a resident of Tewksbury for 20 years, and supports the proposal. Mr. Silva stated he was speaking as a parent. This is a safety and wellness issue. This is a quality of life issue. Economically speaking there is never a good time.
Mr. Sheehan stated he was in favor of this. Mrs. Sullivan stated she was in favor. Ms. Wilkie stated that she sees the kids walking in the street during winter and it scares her.
MOTION - Ms. Wilkie made a motion to continue this until September 19, 2002. The motion was seconded by Mr. Sheehan and unanimously voted 3-0.
Ken Lania of Cuoco and Cormier and Lou Berube of Maclellan Oil appeared for a variance request for Maclellan Oil. Mr. Lania stated that they are requesting a variance for a shared septic system for 1167 – 1187 Main Street. The same family owns them both. There is Title V compliance for 1167 Main Street, where there is a current variance of 1 foot in the required separation between water table and leaching field; with this proposal it would bring the system into full compliance.
Mr. Carbone stated that the local regulations require a septic system on the site it serves. It’s an old regulation. There is one other site in town, where the house is on Pond Street and the septic is on another lot. Title V does recognize shared systems usually with upgrades. If approved, it still needs to go to DEP for approval before a permit could be issued. He stated that he needs to ensure abutters were notified. Mr. Lania gave Mr. Carbone the certified mail receipts.
Ms. McCarthy, who is speaking on behalf of Mrs. Sullivan, asked if this falls within the hospital’s water supply’s Zone II. Mr. Lania replied he was not sure. Mr. Carbone stated he doesn’t believe this is a Zone II issue.
Mr. Berube asked why there is a 150% bond being required. Mr. Carbone stated that the DEP requires a financial mechanism incase of failure. Mr. Berube asked why this is different than a regular system. Mr. Carbone stated that although both properties are owned by the same family now, in the future they might not be. Mr. Berube asked if this was negotiable. Mr. Carbone stated that if the Board of Health wants to change it, they could. Mr. Berube asked what happens if the system falls in Zone II. Ms. Wilkie replied that it would have to come back to the Board.
MOTION - Mr. Sheehan made a motion to approve the variance request for Maclellan Oil subject to the following conditions:
1. Verify that this project does not fall within Zone II. If the project does fall in Zone II, then the variance is not approve and the applicant would have to come back.
2. The approved site plan shall be the plan dated August 21, 2002, as revised on August 29, 2002, and in a scale of 1” = 20’ (6 pages).
3. The Grant of Title 5 Covenant and Easement shall be document dated August 30, 2002.
4. The Operations and Maintenance Manual shall be the one dated August 29, 2002, revised August 30, 2002 (4 pages)
5. The septic system shall be inspected annually by a person approved by the Massachusetts Department of Environmental Protection, with a copy of the approved inspection report filed with the Board of Health Office.
6. An insurance bond or other suitable financial assurance shall be filed with the Town naming the Town of Tewksbury an additional insured for the sum of 150% the cost of installing this septic system.
7. The applicant shall at his own cost seek the approval of the Massachusetts Department of Environmental Protection.
8. Any additional conditions placed on this approval by the Massachusetts Department of Environmental Protection shall be part of this approval.
9. When the Massachusetts Department of Environmental Protection issues its approval of the system, the applicant at his own expense shall cause the following to be filed with the Registry of Deeds in run with both properties:
A) The approved site plan.
B) The Grant of Title 5 Covenant and Easement.
C) The Operations and Maintenance Manual.
D) The Board of Health Notice of Approval.
E) The Massachusetts Department of Environmental Protection Notice of Approval.
Ms. Wilkie asked how it would be decided what items are exempt from being televised. It was decided that it would be left to Mr. Carbone and he would run it by the chairman.
MOTION - Mr. Sheehan made a motion to revise the policy and revisit this at the next meeting. The motion was seconded by Ms. Wilkie and unanimously voted 3-0.
Approval of Minutes
MOTION - Mr. Sheehan made a motion to approve the Board of Health minutes of August 22, 2002. The motion was seconded by Mrs. Sullivan and unanimously voted 3-0.
Director’s Report
Mr. Carbone stated that he was waiting to hear on the Tobacco Control Program’s budget cuts. Last year, the program received $90,000 for both Tewksbury and Billerica. This year, it took a 30% cut, so for FY03 it is getting $64,980. The rented office space will be eliminated, so staff is currently looking for space for this program. Ms. Wilkie stated that Mr. Patterson received a bill for the T-shirts used at the Recreation Center and that should be submitted to Melissa.
Ms. Wilkie stated that there would be a memorial on September 11th at 7:00 PM at Town Hall. This will honor the families who lost members, the Fire Department and Police Department. Mahoney’s has donated a cherry tree and tulips and Preferred Distributors has donated 1,000 packets of seeds.
MOTION - Ms. Wilkie made a motion to adjourn at 8:45 PM. The motion was seconded by Mr. Sheehan and unanimously voted 3-0.