Minutes
April 12, 2006
1.0 Preliminaries
1.1. Dale Nadeau opened the meeting at 7:30 PM.
1.2. Roll Call: Chairman Dale Nadeau and Clerk Dan Ehntholt were present. Jim Saart arrived at 8:00 PM.
1.3. Additions or deletions to the agenda
2.0 Hearings and Appointments
2.1 7:30 PM A to Z Vending
(All members present for this hearing.)
Anthony Zecos explained his request for a variance from the smoking regulation asking the board not to require lock out devises for cigarette machines at Options and the Hudson Elks. Mr. Zecos explained that he installed a lock out devise at Armand’s Pub per Sam’s request. It was noted that the cost of a lock out devise is about $400.00. They sell about 20 packs per week at Options and 10 packs per week at Hudson Elks. He explained that at the Elks the machine is located to the right side of the membership door and members must use a card key to enter. At Options the machine is located on the parking lot side around the bar by the emergency door. The machine is visible from the bar. Zecos said that he has never had a problem with complaints in
Hudson. He stated that there is no way a kid could purchase the cigarettes without an adults knowledge.
Ehntholt stated he would like visit the site to see where the machines are located and would like to have Mr. Saart present for the vote and would like to get feed back from Health Agent. He also said that he is reluctant to issue a variance on this request because things do happen. There are a lot of functions at the Elks. He continued that the Board of Health is trying to avoid allowing kids access to cigarettes. The Board agreed to continue the meeting to April 26th at 7:30 PM.
2.2 7:45 PM WindRiver
(All members present for this meeting)
John O’Connell was present from WindRiver.
Chairman Dale Nadeau explained that the Board of Health continues to receive complaints regarding the odor and operations of the property.
Dan Ehntholt stated that a lot of times there is no odor and a lot of times there is odor. He stated that he could smell the odor while driving by at 30 miles per hour. He stated that several times this odor was very strong. He stated that his personal opinion is that the odor is offensive. He compares the smell to overflowing septic systems.
Dale Nadeau stated that he went out to WindRiver on six different day and did not experience any odors. He noted during most of these times there was no activity. Most of his visits were at 7:50 AM.
Dan Ehntholt stated that he noticed the odor at night.
Dale Nadeau noted that presently WindRiver is using an odor mistor and noted in past there was discussion about using rings. He noted that last time O’Connor mentioned moving the business and asked if they were moving forward with that. O’Connell stated that they chose not to move and plan to remain at the site. O’Connell continue that this is the first formal feedback that he has had since the misting devise was installed.
Dan Ehntholt stated that he finds the mist offensive.
O’Connell stated that WindRiver has taken stemps to reducing the number of transfers. The grease is limited to transferring under the shed. He suggested allowing a full trailer to be stored outside which would reduce the number of transfers. The Board asked if DEP would allow this as there is no retaining wall to mitigate a spill. The also stated that the owners should check with the ZBA or Zoning Officer about this.
Chris from Extra Space Storage stated that the amount of transfers is going up and said that the chemical odor is intoxicating. He said he can not open his windows because once the small is in the office he can’t get it out. He stated that most of the pumping is done in the afternoon.
O’Connell said that the grease is process at the facilities Raynham and Carver.
Jim Saart stated that he hasn’t smelled the odor, but asserts that there is a problem. He stated that the ZBA and DEP may be concerned about these problems. There was reference to a letter dated October 12th. It was noted that the proposal included an escalating remedial action plan which included a ring on top of the truck. It was explained that puming fluid into the tank and the ring crates a mist as it is coming out of the vent. He noted that the cost is $500.00 - $600 per month for the deodorizing. This step is the last resort. Dan Ehntholt stated that in his opinion you can’t mask and odor with perfume.
O’Connell stated that WindRiver has only been before the Board of Health one other time which was after a spill on and they came on their own accord. O’Connell said that they have similar operations in industrial strips as well as in residential neighborhoods in Gloucester and has not had any complaints or issues in these locations.
Dan Ehntholt said that he has odor evaluation experience. He will allow step 2 but can’t imagine it will work noting that using a more powerful odor over an offensive smell becomes offensive itself.
O’Connell commented that what is offensive is very objective.
It was noted that as summer approaches the problem is not going to get better.
Dan Entholt again stated that he suspects the situation will not improve by throwing more odor on it.
Chris Kent stated that he can get about 200 signatures from the people leasing extra space storage to say they find the odor offensive. John O’Connell stated that he could also get just as many signatures of people claiming the odor is not offensive.
Jim Saart explained that the Board of Health needs to decide for the community whether it is offensive enough to make a change. The Board asked about the hours of operation at the facility.
It was noted that the operational hours are 7:00 – 4:00 with the exception of emergencies. When asked if they are operating within the terms of the special permit issued by the Zoning Board, O’Connell said yes, Ehntholt said no, Chris Kent said no. O’Connell continue to say they are significantly complying. Chris Kent said they are operating everyday after 4:30 and today they were operating at 7:00 when he left to come to this meeting.
O’Connell said he is willing to try another step, but would need 30 days to respond as he must be in touch with the vendor. He asked if he could have until the second meeting in the month.
The Board suggested a log book be established which shows the operations and transfers at the facility. Sam will take a look at the log book and operations and if the business is operating after 4:00 the Board would like to know.
O’Connell stated that there are eight technicians on call every evening.
Kent stated that the company has outgrown the site and noted that on Saturday he was tempted to call the police. He stated that this problem has been ongoing for over a year and his customers are walking away.
The Board asked O’Connell to inform the office when the misting device will be installed and would like an update the first meeting in May . At that time the Board would like to review the specs for the device.
2.3 8:00 PM Continuance hearing for a request for a variance from the body art regulations to allow piercing above the belt to minors with conditions - T’s Tattoo Inc.
(Jim Saart not present for this hearing)
James Thibeault submitted two letters from his attorney and a parental consent form to be used by the establishment. The Board of Health was satisfied with the parental consent forms to be used by the establishment.
Dan Ehntholt made a motion to grant the variance from the body art regulations for T’s Tattoos, to allow body piercing above the belt for minors 15 years of age with the following conditions:
1) Provide a certified copy of the birth certificate.
2) Signed Parental Consent Form.
3) Provide Parental ID or Legal Guardian’s ID. (If Guardian is present, certificate of legal guardianship must be provided.)
4) Parent or Legal Guardian shall be in the room with the minor during piercing services.
The motion was seconded by Dale Nadeau.
Vote was taken.
Dan Ehntholt in favor of the motion.
Dale Nadeau in favor of the motion.
Vote 2-0-0. Motion carried.
Saart absent during this hearing.
Proctor will send a letter approving the variance.
3.0 Minutes
3.1 March 29, 2006 – DN made a motion to approve the minutes 3/29/06, seconded by JS. Dan Ehntholt abstained. 2-0-1. Carried.
4.0 Budget
4.1 Rabies Clinic $390.00 Dale Nadeau made a motion to approve the voucher for the rabies clinic $390.00 seconded by Dan Ehntholt with all in favor. 3-0-0 Carried.
5.0 Review Septic Permits
5.1 10 Lake Boone Dr. – DPW comments all aspects are in compliance with Title V. Dan Ehntholt made a motion to approve the sds for 10 Lake Boone Dr., seconded by Dan Nadeau with all in favor. 2-0-0 carried. (Saart not present at this time)
5.2 22-24 Lakeside Ave. – DPW letter recommends a deed restriction on both houses limiting the houses to two bedrooms a piece. (awaiting Steve Poole)
5.3 21 A – D Worcester Ave. revisions. (awaiting Steve Poole)
6.0 General Business
6.1 Planning Board – Site Plan Review 400 & 404 Main St.( proposed multi-family use)
6.2 Continental Citgo – The Board asked Proctor to ask Wong to provide them with an update.
7.0 Correspondence
8.0 Health Agent’s Correspondence
9.0 Pending
10.0 Advertisements and Conferences
11.0 Commentary
12.0 Adjournment – Dan Ehntholt made a motion to close the hearing seconded by JS with all in favor.
Minutes respectfully submitted by: Katrina Proctor, Adm. Dan Ehntholt, Clerk
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