MINUTES
TEWKSBURY
BOARD OF HEALTH
JUNE 6, 2002
Chairman Stephanie Wilkie opened the meeting at 7:00 PM. Present were Vice Chairman Edward Sheehan and Director of Public Health Thomas Carbone. Clerk Susan Sullivan and Recording Secretary Dawn Cathcart were not present.
Tewksbury Townhouse / Roper Estates Condominiums – Lifeguard Variance (Cont.)
Donna
Swanson of Tewksbury Townhouse Condominiums and Brian Solway of Roper Estates
appeared, as well as Barbara Brady from Property Management of Andover. Ms. Swanson
stated that she chose to appear before the Board today, even though the Board
had not yet heard back from Town Counsel on its request for information. She
felt that 60 days was adequate time for the Board to reach a decision, and that
the Board should render a decision. She then explained that condominiums are a
community where all owners share the cost of the pool, building upkeep, and
yard work.
Ms.
Wilkie explained that she was willing to render a decision at the last meeting,
but chose to continue the hearing to allow the associations an opportunity to
convince her that they were somehow different and should be regulated
differently.
Ms.
Swanson stated that the association is made up of individual unit owners, and
the Board should therefore treat the pool as if an individual homeowner owns
it. Mr. Solway stated again that the emergency call box was not meant to
replace a lifeguard. What the associations want is for the Board of Health to
“deregulate” their need for a lifeguard.
Both
members advised the associations that they were prepared to deny their request
for the variance if they pushed for a vote that evening. Both would prefer to
hear Town Counsel’s information to allow for a more complete review.
Motion: Ms. Wilkie moved to send
correspondence to Town Counsel on Monday, asking that he try to tie this matter
up as quickly as possible. The associations have appeared before the Board for
the third time, and have offered any assistance their counsel can provide also.
The motion was seconded by Mr. Sheehan, and it was approved unanimously.
Robin
Russell appeared with David Tierney. She stated that she required a variance to
the Board’s requirement that sinks be installed in every practice room, because
the plumbing costs would be incredible. The layout of the rooms and the
structure prohibit it, and she proposes to install one sink in the reception
room, and to use sanitizing agents in the practice rooms in lieu of the hand
washing station.
________________________
Clerk
Board
of Health Minutes
June
6, 2002
Page
2
Motion: Ms. Wilkie made a motion
to approve the variance, based on the installation of the hand washing station
in the waiting area, and the use of sanitizing agents. Further, it would be
manifestly unjust to deny the variance and require that the additional cost for
the new plumbing be incurred. Mr. Sheehan seconded the motion, and it was
unanimously approved.
Motion: Ms. Wilkie made a motion to
approve the issuance of a License to Operate a Massage Establishment to Robin
Russell at Yoga With Robin Healing Arts Center, 1346 Main Street. Mr. Sheehan
seconded the motion, and it was unanimously approved.
At
7:30 PM, Ms. Wilkie called for a recess. The meeting was called back to order
at 7:38 PM.
Ms.
Wilkie stated that this issue was originally scheduled for this meeting, but
that a typographical error in the notice to the property owner resulted in a
delay until Thursday, June 13, 2002, at 7 PM. Present were tenants Ernest and
Laura Ray of 320 Old Main Street, and Mrs. Rae’s sister Jennifer Downey of 100
Starr Avenue. Owner John D. Sullivan, representing JDS Enterprises, LLC, chose
not to attend due to the error in the scheduling notice.
Mrs.
Rae read from a prepared statement, saying that she moved into the unit in
mid-April. On April 11, 2002, she asked that the boiler (meaning hot water
heater) be lit, and that it needed to be lit several times a day to get
adequate hot water. At one point, her daughter flushed the toilet, and it
flushed slowly. A second flush resulted in water leaking from the toilet at the
base. She stated that the resulting sewage overflows saturated the hallway
carpet, and that the saturation extended about 12” into the daughter’s bedroom.
Mrs. Rae went on to state that Mr. Sullivan blamed her for the clogging.
Someone did come eventually to reset the toilet and replaced the wax ring and
bolts, but it is still a problem.
Mrs.
Rae continued that Brian Sullivan had agreed to call Tewksbury Sewer, but
several days no one had showed up, and so she called them out. Mousey Roux
removed the cover to find the tank full, and he called his father to have it
pumped. Mrs. Rae then showed the Board pictures of the damage to the rug and
bathroom floor, and of the water level in the septic tank. She stated that she
had sent a letter to John Sullivan on May 20th complaining about the
problem, and that the Housing Authority was not renting that property because
of the problems.
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Clerk
Board
of Health Minutes
June
6, 2002
Page
3
Ms.
Wilkie stated that she had visited the house, smelled sewage in the upstairs
kitchen, and noted the conditions there.
Motion: Ms. Wilkie made the
following motion:
A
Public Health Emergency exists at 320 Old Main Street due to the following
violations of 105 CMR 410.000:
1.
An
inoperable wastewater disposal system (410.300, 410.350, 410.351, 310 CMR
15.000).
2.
Human
excrement on the bathroom floor due to a backup of wastewater from said
disposal system (M.G.L.c. 111, §§ 122, 123, & 124).
3.
Contamination
of the washing machine hookup by untreated wastewater due to a backup of said
wastewater (410.300, 410.350, 410.351).
4.
Floor
tiles dislodged on the bathroom floor due to moisture caused by said backup of
untreated wastewater reveal an unfinished surface that can harbor sources of
filth (410.500, 410.504).
5.
Carpeting
outside of the bathroom being saturated with untreated wastewater (410.500,
410.504).
6.
Carpeting
extending into the sleeping room of a 13 year old child (whose bed is on the
floor) being saturated with untreated wastewater (410.500, 410.504).
7.
Lack
of adequate hot water due to an inoperable hot water heater (410.190, 410.351).
Based on these conditions, the dwelling is ordered to be Condemned as Unfit for Human Habitation and shall be vacated under 105 CMR 410.833 (D). The tenants shall be relocated to suitable housing at the cost of the property owner, and no reoccupancy may occur until:
A.
All
soiled/contaminated floor coverings are removed.
B.
All
flooring underneath said coverings is cleaned and sanitized, and said work is
approved by a representative of the Board.
C.
All
removed floor coverings are replaced with new and suitable floor coverings.
D.
The
owner/landlord of the property provides a written plan to correct the cause of
the wastewater backup, and to prevent said backups pending completion of the
required repair work.
Mr. Sheehan seconded the motion, and it was unanimously approved.
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Clerk
Board of Health Minutes
June
6, 2002
Page
4
Mr.
Carbone updated the Board on the outstanding hearings involving tobacco control
violations from the previous meeting. Oakdale Liquors was preparing a letter
stating that they were committed to installing a computer system to handle this
issue when they build the new store this summer. Stadium Mobil Mart was still
reviewing their options, and Stadium Shamrock Liquors had advised that they
missed the last meeting due to a family emergency, but that they would agree to
an educational program at the Recreation Center this summer.
Recreation Center Program – Ms. Wilkie stated that
she would like the program to be sponsored by Stadium Liquors, and that each
child in the program should get a T-shirt. The suggestion was made to hold a
T-shirt contest and sponsor some sort of speaker.
Appointing Authority / Staff
Oversight –
Place on the next agenda for proposal of a Charter Change that would clearly
delineate the Board of Health being the sole appointing authority.
Milk and Cream License – Mr. Carbone advised the
Board that this license was no longer needed, and could be eliminated with a
vote of the Board.
Motion: Mr. Sheehan made a motion
to eliminate the need for a Milk and Cream License. Ms. Wilkie seconded the
motion, and it was unanimously approved.
Sutton
Brook Disposal Area – Mr. Carbone advised the Board that there would be a
public meeting sponsored by EPA on the matter, but that we were unable to
attend. He also stated that he has been working closely with Counsel in
preparing the legal response to the PRP status.
There
being no further business, Ms. Wilkie adjourned the meeting at 8:55 PM.
_______________________
Clerk