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Board of Health Minutes 11/16/05
Minutes
November 16, 2005, 7:30 P.M.

1.0     Preliminaries
1.1.    Dale Nadeau opened the meeting at 7:30 PM.
1.2.    Roll Call:  Chairman Dale Nadeau, Dan Ehntholt and James Saart.  Also in attendance was Administrator, Katrina Proctor.
1.3.    Additions or deletions to the agenda

2.0     Hearings and Appointments
2.1     Matthew Michela, re:  706 Main St. regarding concern for release of MTBE into private wells.

Matthew Michela, 714 Main St. voiced the following concerns as follows:

1.      lack of notification to property owners – only notification was Oct. 31 2005.
2.      only private drinking water wells are being tested
3.      requested private wells used for outdoor uses also be tested.
4.      concern for Lake Boon aquifer and other activities such as swimming and bathing.
5.      requested that the Board of Health notify the abutters and disclose the facts.
6.      requested that the Board of Health insist comprehensive water testing and that delays be unacceptable.
7.      suggested that the board put environmental spills on the town web site.
8.      recommended that the Board of Health ask the Building Commissioner, Jeff Wood to look for violations such as the number of vehicles, whether there are any leaks, and to look at the concrete containment area and whether the establishment is up to specifications/code.
George McGee owner of the Citgo Station stated the following:
1.      He did not know about the contaminated well at 40 Lakeside Ave. until about 2 months ago.
2.      The tanks at the gas station have tested perfect.
3.      The tanks are monitored with a leak detector and tank detector.
4.      DEP has named him responsible for the cleanup.
5.      There are other potential sources of contamination.
McGee explained that a 21E assessment was done about a year ago as part of a possible sale of his property.  At that time on one area (in the sandy area) needed to be cleaned up.  The engineering firm told them what they had to do.  DEP had to be notified and the work involved cost $20,000.  Then 2 months ago, during site assessment for 42 Lakeside Ave., where there had been a heating fuel spill, a well at 40 Lakeside Ave. tested positive for MTBE.  DEP then held the Citgo Station at 706 Main Street responsible.    Mr. McGee added that 24 wells are being tested at $200 - $300 per well.  Monitoring wells were also put in, but there are not reports yet.  Mr. McGee said that he feels he is not responsible for this but will have to take care of it.

George McGee Jr. said that they leased the building for many years after McGee Sr.’s retirement.  As the owner of the property he will be held responsible for the investigation and clean up.
Robert Row, 6 Old County Road voiced the following concerns:
1.      He was not notified by Mr. McGee about the spills.
2.      Very worried about his kids and grandchildren.


Rita Pierce, 10 Rock Ave.

1.      On November 3rd she had her basement waterproofed.  The contractor put a drain outside so the sump could pump the water out.  Coincidentally, after this installation there was seepage of what appears to be oil in the back yard (approx. 50 s.f.).   The installation company is coming back to figure out where the oil smell is coming from.  There is no breakage inside the house.  It is either coming from the ground or something in that area.

Lance Nelson of 5 Rock Ave

1.      Concerned the contamination will devalue property around the lake.
2.      Concerned that received notice from the consultant since they have a well and later told they would not test the well since there was a connection to town water.
3.      Requested verification that they are testing for the right things.
4.      Noted a turpentine chemical smell in the water which is why he connected to town water.
5.      Concerned that they are trying to skew the results and prolonging the testing by waiting a few months and the results will be below the limits.

Jane Chertoff, 56 Lakeside Ave.

1.      No one has contacted her to test her water.

Jim Saart, Board of Health member explained that the Hudson Board of Health does not have the resources to perform the test and continued that when the Board of Health has a problem that we can not handle we go to the next level (the state DEP).  Mr. Saart stated that DEP is in charge by statute. He noted that the abutters are requesting that non-drinking water be tested which is above and beyond what DEP is requiring.

Dan Ehntholt, Board of Health member informed the audience of his professional experience and that he is very concerned about MTBE.  He explained that over the years the Board of Health has been most concerned about the Lake Boon area.  The reason being there are a lot of private wells and homes served by private septic systems.  He continued that when anyone in that area comes before the Board, the Board requires that the home connect to town water.  The Board of Health has been very aware of the potential for contamination in this area of town. He noted that the Board of Health has a lot of authority but needs to be careful and reasonable.  He noted that DEP is involved and DPH can also get involved. He stated that the board wants to know the results of all the drinking water wells and want to understand how broad the contamination is. He recommended that the residents figure out what they need to do to make themselves comfortable.  He also noted that the state also has responsibility in this situation.

Julie Hoff, 9 Gately Ave.  asked the Hudson Board of Health to notify the residents if there is a problem or potential problem.

Mr. McGee Jr. noted that there are about 2,500 boats on the lake and people live on the water.  He stated that boats are dumping gas in the lake and he has seen people dumping gasoline on bonfires.

Harry Hoffman, 15 Rock Ave. stated that the tanks were isolated for 2-3 years and he thinks there was a problem.

Mr. McGee said there is no problem and that the tanks were closed for 6 months.

The Board stated that people will be notified of the water tests.  The Board of Health should be notified about the private test results.  The Board will receive the results of the water testing and discuss this at the next board meeting on November 30th.

3.0     Minutes
3.1     October 26, 2005 (tabled)

4.0     Vouchers
4.1     VNA $555.00  Dale Nadeau made a motion to pay VNA $555.00 seconded by James Saart with all in favor.
5.0     Review Septic Permits – none.
6.0     General Business
6.1     Planning Board Site Plan Review – Hudson Washington, LLC, Retail Building Addition.  
6.2      Planning Board Definitive Plan, 76 Brigham St. -  Review and Comment.  The Board asked Proctor to write a letter notifying the Planning Board that the applicant has an incomplete Subdivision Review application because they did not file with the Board of Health as required by the subdivision control law.
6.3     Dan Ehntholt handed materials over to Chairman Dale Nadeau and the Board of Health Office.  These materials include a pending “to do list” which he has been holding on to as past chairman of the Board.

7.0     Correspondence

8.0     Health Agent’s Correspondence – noted.

8.1     8 Felton St. apt. 1R – violations 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation.
8.2     36 Avon Dr. – violation of the State Sanitary Code, Chapter II, Minimum Standards of Fitness for Human Habitation - sanitary sewer backup
8.3     22 Lakeside Ave. – Order to Abate Public Health Nuisance – overflowing septic tank
8.4     29 River St.  – violations 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation.
8.5     53 Pope St, Apt. A – violations 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation.
8.6     21 Apsley St., Apt. 1  – violations 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation.

9.0     Pending
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 Hearing Tuesday, January 10th at 6:30 PM.

12.0    Adjournment – The meeting adjourned at 9:25 PM.

Minutes respectfully submitted by: Katrina Proctor                  Clerk:  Dan Ehntholt