Meeting Minutes
December 28, 2005, 7:30 P.M.
1.0 Preliminaries
1.1. James Saart opened the meeting at 7:30 PM
1.2. Roll Call: Members Dan Ehntholt and James Saart. Health Agent Sam Wong was also in attendance. Absent: Dale Nadeau
1.3. Additions or deletions to the agenda
2.0 Hearings and Appointments
3.0 Minutes – Tabled.
3.1 November 30, 2005 (table)
3.2 December 14, 2005 (table)
3.3 December 21, 2005 Executive Session (table)
4.0 Vouchers – Dan Ehntholt made a motion to approve the 3 vouchers, seconded by James Saart with all in favor.
4.1 VNA $1237.40
4.2 Astro Data – Food Permit Inspection forms $67.00
4.3 Reimburse Proctor with grant fund $533.61 (APHA – hotel)
5.0 Review Septic Permits
5.1 22-24 Lakeside Ave. – DPW letter recommends a deed restriction on both houses limiting the houses to two bedrooms a piece. (Awaiting applicant to submit deed language per board’s vote on 12/14/05)
5.2 21 A – D Worcester Ave. revisions. (Table – awaiting revisions from engineer per DPW)
6.0 General Business
6.1 Discuss Lauren Heights – Dan Ehntholt made a motion that the board reconsiders the denial of the extension of the septic permit for Laurel Heights, Judith Rd. based on the fact that DEP has issued their shared septic system approval. The motion was seconded by James Saart with all in favor.
Saart stated that the Board did not know about the town’s litigation and the DEP approval status when they originally voted to deny the request for extension.
Dan Ehntholt made a motion to reverse the Board’s decision to deny the request for a 1 year extension from last October, seconded by James Saart with all in favor.
Applicant/Owner Mr. O’Malley submitted a legal document entitled “Grant of Title V Covenants and Easements”. Mr. O’Malley requested the Board’s signature on the document. The Board agreed that Town Council would need to review the document prior to signature.
6.2 Continental Citgo
6.2.1 Discuss non-compliance with Board’s order for bottled water re: MTBE Continental Citgo
6.2.2 George McGee submitted a letter appealing the Board’s order which requires him to provide bottled water to residents who live within 1000 ft. of the gas station and who make a request to receive bottled water. James Saart read the letter out loud to the board and asked Sam Wong for comments. Sam stated that the Board has received the latest round of water tests. One significance is that the new monitoring well at the gas station has a very low level of MTBE 2 ppm. The Board decided to hold a public informational session giving an opportunity to the consultants to present any new information on January 11th at 7:30 PM. The administrator will request DEP’s attendance at that session. The Board will also hold a public hearing for the
appeal of the Board’s Order filed by Mr. McGee on January 11th at 8:30 PM.
Julie Hoff, 9 Gately Ave reported that she was receiving bottled water from Mr. McGee and has run out of water. She has been calling McGee Jr. for the water; however, he has never called back.
Sam Wong said he had a conversation with Bob Dunn of DEP who stated that DEP supports water for residents with any level of MTBE in their water.
The Board discussed the town’s adoption of the public health nuisance law as a bylaw regulation. The Board can write a criminal complaint and issue fines.
James Saart made a motion to allow 24 hours for McGee to get everyone who has had a positive MTBE in their drinking water supply and issue a $100.00 fine per day for each individual well which is denied compliance. The motion was seconded by Dan Ehntholt with all in favor.
Dan Ehntholt made a motion to request the Executive Assistant to have Town Council immediately send a letter to Mr. McGee indicating the town’s intent to pursue criminal enforcement of violations of an order of the Board of Health relating to providing drinking water to residents with MTBE contamination. The motion was seconded by James Saart with all in favor.
Sam asked DEP if Continental Citgo/George McGee is the responsible party and DEP has said they are still the “Responsible Party”.
7.0 Correspondence
7.1 DEP Tier II Extension Approval (Hudson Worsted Lagoons, 12 Wheeler Rd.) – Noted.
7.2 Riverside Farm Estates - Discussed.
Release Notification Form
Proposed Release Abatement Measure Plan
PCB Contaminated shredded rubber
7.3 Planning Board Site Plan Review – School St., 4 Condos, town sewer. The Board has no issues with the project.
7.4 Planning Board Definitive Plans – Valley Park, White Pond Rd.
The Board of Health is concerned about beaver issues, flooding and beaver dams on White Pond Rd. Dan Ehntholt made a motion to provide comments to the Planning Board that the Board of Health has serious concerns about the location of the proposed wells and proposed septic systems and their proximity to wetlands and the recent history of seasonal flooding due to beaver activities. The motion was seconded by James Saart with all in favor.
8.0 Health Agent’s Correspondence
8.1 Proposed HMEA School at 15 South St. – Noted.
9.0 Pending
9.1 Memorandum of Understanding – Region 4A (mutual aid agreement)
10.0 Advertisements and Conferences
11.0 Commentary
11.1 Budget Hearing Tuesday, January 10th at 6:30 PM.
12.0 Adjournment – Dan Ehntholt made a motion to adjourn the meeting at 8:35 PM, seconded by James Saart with all in favor.
Minutes respectfully submitted by:
Katrina Proctor, Board of Health Administrator
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