Meeting Minutes
October 5, 2005, 7:30 P.M.
1.0 Preliminaries
1.1. Dale Nadeau opened the meeting at 7:32 PM
1.2. Roll Call: Chairman Dale Nadeau, Clerk Dan Ehntholt and member James Saart. Health Agent Sam Wong and Administrator Katrina Proctor were also present.
1.3. Additions or deletions to the agenda (See 6.2 and 6.3)
2.0 Hearings and Appointments
2.1 7:30 PM - Wind River (561 Main Street) – Ongoing complaints on offensive odors. In attendance for Wind River were John O’Connell and David Dodson, property owner S & S Realty Frank Murphy and his attorney Paul Giannetti.
Sam Wong explained that he ordered Wind River to come before the Board for a hearing to address the ongoing violations of odor and Title 5 Regulations at Wind River. He noted that the odor has been confirmed by himself and Building Commissioner Jeff Wood. Sam stated that he issued an order to have the nuisance abated and as of today the odor is still a problem.
Chairman Dale Nadeau stated that he recalled a complaint a few years back from the neighbors across the street regarding the odor problem. Sam Wong noted that business is booming and there is more activity at Wind River than there was 5 years ago.
John O’Connell stated that Wind River is transferring the sewage in accordance with the Special Permit, inside the shed and they are not storing sewage onsite other than what is in the trucks. David Dodson said that they do not make money holding the sewerage on site and their business is hauling it away for disposal.
Sam Wong stated that based on the plan, there are two (2) underground tanks designed as a containment tanks for spillage, which is directed through storm drains. There are incidences where the tank is being used, frequent usage, several times a week. His opinion is that if this is for spillage than this should not be pumped out this often or there is another problem. Sam recommended that the tank size should be the limit of what is stored on site and this has not been the case.
John O’Connell stated that the property includes one (1) 10,000 gallon tank and one (1) 2,500 gallon tank which is not ½ the size of a pump truck. He stated that using the storage tanks is not a containment strategy and noted that 10,000 gallons is nothing for storage capacity. The ZBA Special Permit allows 10 trucks. Since they were before ZBA the last time for non-compliance with the Special Permit, they have been transferring under the shed. There were no odor complaints from mid-June to mid-September.
Dan Ehntholt asked what technology is available for this type of business. John O’Connell mentioned odor rings that are placed in the holes where the odors escape and also a misting apparatus. Wind River is more in favor of the odor rings.
James Saart explained the necessity of a specific plan to address the odor issues.
Dan Ehntholt stated that the Board of Health has power under the sanitary code (Title V) and the Noisome Trade and Nuisance control regulations to act on odor complaints. He explained
that the regulations can be enforced to put Wind River out of business and if they want to operate there, they’ve got to fix the problem.
It was noted that Wind River appeared before the Board of Appeals in June to discuss violations. David Dodson explained that Wind River informed the Board of Appeals that the
company had outgrown the facility and the lease would run out at the end of the year. They began focusing on the long-term plan to relocate the business within Hudson. Later Wind River approached the Planning Board about 308 Central Street and received positive feedback. They had planned to be out of 561 Main Street in August when other issues arouse about the Central Street location and therefore they have extended the lease.
The Board asked about other operations run by Wind River and whether there are problems at those facilities. David Dodson stated that the other facilities don’t have 1/10th the problems as this site. Two of the other locations are in strip industrial parks.
Dodson explained that the shed was designed as a rain protector for the underground tanks.
Dale Nadeau stated that the odor problem must be controlled.
John O’Connell said that there is a consultant coming on Friday to say whether the odor ring will work at this site.
David Dodson stated that one thing that would help to solve the problem is if the neighbor issuing the complaints worked with them to tell them when the odors are a problem.
Chris Kent, manager of Extra Space Storage stated that he stopped calling because he thought that the process of resolving the odor issue was still ongoing.
The Board discussed having Wind River return to the Board at the next public meeting October 27th.
Sam Wong noted that the Mass. General Law only allows a 24 hour period for abatement.
The Board discussed allowing 7 days for submission of a written plan.
James Saart made a motion that within 7 days, a representative from Wind River meet with the Health Agent, Sam Wong with a specific written plan and the agent will report back to the Board at the next meeting. The motion was seconded by Dan Ehntholt.
There was discussion on the motion. Paul Gionetti requested 14 days.
Chris Kent stated that Wind River has been given a lot of time to correct this problem already.
David Dodson stated that there have been 90 days with no complaints, there is no eminent health risk and that it may not be possible or fair to expect a plan within 1 weeks time. They have lost about 100 days in that the operation was not able to be moved to 308 Central Street.
John O’Connell stated that the consultant will be coming on Friday and he doesn’t know how long it will take the consultant to form a plan.
James Saart suggested allowing 10 days.
James Saart made a motion to amend the original motion that the written plan must be received one week this Friday, which is October 14. Dan Ehntholt seconded the motion.
David Dodson commented that October is the busiest month of the year for the business.
Vote was taken on the amendment, 3-0-0 all in favor. Motion carried.
Vote on the amended motion, 3-0-0 all in favor. Motion carried.
Dan Ehntholt commented that if the Board decides this is a noisome trade the business can be shut down.
2.1.1 JP Noonan, subcontractor for Wind River Request for Hauler’s License.
Proctor explained that JP Noonan is operating at the Wind River business as subcontractor and without a hauler’s license. Wong informed them that they needed a hauler’s license per Title V. Proctor explained that the Building Commission/Zoning Officer, Jeff Wood has asked the Board of Health to consider not issuing the hauler’s license to JP Noonan. The reason is that Wind River’s odor issues are causing numerous complaints and they are operating in violation of the Special Permit and currently has more trucks than allowed by the Special Permit and JP Noonan has subcontracted with Wind River which adds additional trucks to the operation. Dan Ehntholt asked what authority we have to not issue the permit. The Board decided that this is a Wind River
Special Permit issue and not a JP Noonan issue. Dale Nadeau stated that by not issuing the permit they would be restricting free trade as JP Noonan would not be allowed to operate their business in the Town of Hudson. The Board members all agreed to issue the hauler’s permit.
2.2 8:00 PM - Database Application – Bertram Consulting
Paula and Tom Bertram presented (2) two database applications for Board of Health. This was visually shown using a projector and a laptop computer. The applications are created using Microsoft Access which is used town wide and is an industry standard.
Proctor introduced Bertram Consulting and explained that the Hudson Conservation Commission has purchased an application. Wong and Proctor have already reviewed the product and have requested a customization and interest in development of other applications for tobacco, massage and body art permitting. The quote for customization will be forthcoming. Bertram Consulting has 3 database applications currently available: environmental, food service and massage.
The Bertram’s summarized their background which included municipal operations and development of databases town wide.
The environmental application was created for the Nashoba Board’s of Health which organizes data for 13 towns. The application includes many reporting features for entire Title V operations. Reports include septic system review form, septic system permit, septic system certificate of compliances, lot testing applications, plan logs for a particular period of time, perc test and soil testing reports for scheduling, querying particular period of time i.e. monthly/yearly, also Title V inspections data, reports failing systems beyond compliance, inspections to be conducted, pumping records and installers license reports.
The food service application was also created for the Nashoba Board of Health and has been customized for Lunenburg. Reports and letters include memo for food service license renewal, 2nd memo for food service license renewal, food service license renewal application,
permit to operate a food service establishment, establishment summary reports showing all activity on an establishment, record of food service complaint, milk license reports, license to sell milk and cream, re-inspections to do this month, inspection report, report on permits not renewed, renewal labels.
The massage application includes massage license renewal application, massage license, establishment summary, and memo for license renewal
The Board was very interested in the development of a tobacco permitting application and also body art. Sam has asked for some customizing. Bertram Consulting will work on a quote and will submit in 2 weeks. Paula Bertram was able to quote on the basic package without the requested customization: $2,500 for the environmental application and $2,500 for the Food Service application. Bertram Consultant will deliver a full quote by October 21st. The Board and staff were very impressed with the application thanked the Bertram’s for their presentation.
2.3 8:30 PM – Nicole Benander, 21 Worcester Ave.
Engineer Steve Poole, Consolidated Design, Inc. and owner Nichole Benander appeared before the Board to request that the Board not require town water hookup for one of the houses on the property (detailed house #9 on the plan). The proposed septic design was reviewed. DPW engineer Bob LaBossiere sent a letter stating that the design meets compliance with Title V.
It was noted that the cottage property, shown as house #21D on the plan is next to the lake and has a failing cesspool. Sam Wong issued an order to bring that house into compliance with Title V. It has been more than 2 years and according to Title V, the system must be upgraded within 2 years. The proposed plan is an alternative treatment system serving four (4) of the houses on the property (21A, 21B, 21C and 21D). There are 3 other houses on the property (9, 9A and 9B) which are served by individual cesspools. All of the houses must be tied to town water. Ms. Benander requested that the Board not require her to tie house #9 to town water. She stated that she feels it is fair to be required to hook all of the houses up to town water, especially because it
will enable the neighbor at 7 Worcester Ave. to upgrade their property, which will result in loss of view to the lake. She also noted that all homes have new private wells. The proposed plan calls to have all of the homes connected to town water. Mary Kelly has received a conditional approval for a new septic system at 7 Worcester Ave. The condition is that once 21 Worcester Ave is connected to town water the septic permit will be signed by the Board and then issued. Other than the well/water issue the plan meets Title V. Sam Wong noted that house #9 currently has a well within 35 ft. of its own system which does not meet compliance with Title V. House #9 is 85 ft from the proposed septic system at 7 Worcester Ave.
The Board explained that 12 years ago they pursued the Town to bring town water to Lake Boone because this is a sensitive area. The Board did not grant Ms. Benander’s request.
The Board explained that they can approve the plan as submitted or Ms. Benander can submit another plan.
James Saart made a motion to approve the septic system design as presented, per the recommendation from DPW that the plan is in compliance with Title V, seconded by Dan Ehntholt with all in favor. Vote 3-0-0.
2.3.1 Letter from Mary Kelly dated 10/4/05 regarding 7 Worcester Ave. Mary Kelly requests the Board to reconsider the conditional approval of the proposed septic system at 7 Worcester Ave. The board approved the plan contingent upon the properties at 21 Worcester Ave. connecting to town water. Ms. Kelly’s letter states hardship and notes that the Board’s decision is holding up the issuance of a building permit. After discussion the Board decided that their decision would stand.
3.0 Minutes
3.1 Dan Ehntholt made a motion to approve the minutes of September 14, 2005 as written, seconded by James Saart with all in favor.
4.0 Vouchers
4.1 FY’07 Budget Package – The Board reviewed the budget proposal provided by Proctor and Wong. The Board noted the MAHB membership needs to be shown as $90.00 and they recommended asking for $10,000 for the database applications presented by Bertram Consulting which includes customization. The Board instructed Proctor to make the changes and submit to the Finance Committee.
5.0 Review Septic Permits
5.1 Lot #3 Shay Rd. – BOH requested new information which has not been received. – tabled.
5.2 Lot 2 Brigham St. – River’s Edge - James Saart made a motion to approve the septic system design based on the DPW recommendation that all aspects are in compliance with Title V, seconded by Dan Ehntholt with all in favor. Vote 3-0-0.
5.3 Lot 4 Freeman Dr., River’s Edge - James Saart made a motion to approve the septic system design based on the DPW recommendation that all aspects are in compliance with Title V, seconded by Dan Ehntholt with all in favor. Vote 3-0-0.
5.4 Lot 9 Freeman Dr., River’s Edge – James Saart made a motion to approve the septic system design based on the DPW recommendation that all aspects are in compliance with Title V, seconded by Dan Ehntholt with all in favor. Vote 3-0-0.
5.5 21 Worcester Ave – DPW Comments – all aspects in compliance with Title V. (See vote 2.3)
6.0 General Business
6.1 EDS Plan – The Board thanked Sam Wong for developing and submitting the EDS plan. They noted the great job he did on the plan.
6.2 Hazardous Waste Day – Dale Nadeau spoke to Joe DePaulo of B-P Trucking regarding holding the Hazardous Waste Collection Day. Because the cost of the event is so high and the number of residents is so low, the Board decided to advertise a lot more and hold the event in the Spring. It was noted that Intel holds a collection day for CRT’s each year.
6.3 The Board will return to the regular meeting schedule the first and last Wednesday of each month. The next meeting is October 26, 2005.
7.0 Correspondence
7.1 Request for Recommendations 10/5/05 Zoning Board of Appeals – Special Permit to build in the Watershed Protection District – The Board stated no comment on the petition..
7.2 DEP – Notice of Responsibility MGL c. 21E – 40 Lakeside Ave. MBTE in private well at 42 Lakeside Ave. – noted.
7.3 Pine & Swallow – Phase I Site Assessment, Tier Classification Report and Conceptual Phase II Scope of Work – 40 Lakeside Ave. – noted.
7.4 DEP – 43 Broad St. (Hudson Mill Business Center) Report of Inspection: no significant violations. - noted.
7.5 Infiltration Systems brochures - DEP Innovative Technology Approval – noted.
7.6 DPH – Update regarding Mass. Smoke Free Workplace Law– noted.
7.7 DPH – Recommendations for Meningococcal Vaccine – Sept. 2005– noted.
7.8 DEP – Memo regarding Recreational Camp Reporting Requirement– noted.
7.9 DEP – Memo regarding Swimming Pool Enclosure Advisory. – noted.
7.10 The Mass. Adult Immunization Coalition (MAIC) Flu Promotion Campaign, 2005-2006– noted.
7.11 MAHB – newsletter and Certification Program information– noted.
7.12 Attorney Michael Norris, Request an extension of the septic permit for Lauren Heights – The Board asked Sam to check the minutes and check the DEP approval to confirm the issuance date and to determine when the septic permit expires. Septic Permits are effective for 3 years and allows a 1 year extension. The Board will issue an extension if the permit has not expired.
7.13 DCR – current list of well drillers – noted.
8.0 Health Agent’s Correspondence – none.
9.0 Pending – All noted.
9.1 Memorandum of Understanding
9.2 Nondisclosure Agreement, Emergency Preparedness
10.0 Advertisements and Conferences
10.1 Katrina Proctor to attend American Public Health Association Annual Meeting
Philadelphia December 10 – December 14th.
11.0 Commentary
11.1 Budget Packets due October 21, 2005
11.2 Budget Hearing Tuesday, January 10th at 6:30 PM.
11.3 Upcoming training
12.0 Adjournment - James Saart made a motion to adjourn the meeting at 10:22 PM, seconded by Dan Ehntholt with all in favor.
Meeting adjourned at 10:22 PM
Minutes respectfully submitted by:
Katrina Proctor
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