Wednesday
December 5, 2007
Regular meeting of the Monson Board of Health was called to order at 7:30 p.m. by Chairman Dr. Richard Smith. Members present: Gary Allard and Margaret Harrison. Also present: Health Inspector, Lorri McCool, Frances and Joseph Cardano and Diane and Gregory Smith. Members Robert Bator and Phyllis Klick were absent.
Ms. McCool met with the Board and gave them an overview of why Mr. & Mrs. Cardano and Mr. & Mrs. Smith would be attending this evening’s meeting. One month ago she sent a violation letter to Mr. & Mrs. Smith at 128 Thayer Road in regard to a nuisance complaint of smoke from their outdoor wood boiler going into the yard of Mr. & Mrs. Cardano. From this letter the Smiths have asked for an appeal, as they felt that the letter should not have been sent. Ms. McCool has invited both parties to the meeting to try and resolve this issue before the Board of Health. Mr. Allard and Ms. McCool went to the Smith’s residence some time back when they changed from coal to wood. Also, at this time they wanted to see if it was feasible to move the outdoor wood boiler. Ms.
McCool had spoken to the Department of Environmental Protection in regard to what is determined a nuisance. She was informed that a nuisance occurs when something becomes bothersome and she is now seeking an opinion from the Board of Health in this case. There is no time frame involved in nuisances – if it is determined it is a nuisance, it remains a nuisance.
Mrs. Frances Cardano spoke and stated that their complaint is not about Board of Health regulations but considers this a nuisance complaint. Last year they had complained of the smoke in their yard, and nothing has changed. Mr. Allard stated that the burning season has changed somewhat from April 1st – October 1st to April 15th –October 15th. The Board was informed that even with the moratorium in effect, the Smiths continued to burn. They had put a higher smokestack on the boiler, but the Cardano’s still had to check to see if the boiler was in operation before their children could go out to play. They also feel the Smiths are harassing them.
Mr. Allard stated he had driven by the Smith’s residence many times, and he noted that there are several outdoor wood boilers in that area. Mrs. Cardano stated that Mr. Allard had never been on her property to check the smoke situation. Ms. McCool informed the Board that she couldn’t physically be present every time a call of violation comes in. The D.E.P. has informed her that when a nuisance complaint is received; the nuisance must be abated. If it does not stop, the Board of Health has the authority to stop them from using the boiler and if they do not, it goes to court.
Mr. Allard felt that the boiler was in a bad location and is situated in a wind tunnel, with the smoke pattern blowing into the Cardano yard. The Cardano’s had brought a video with them showing the smoke blowing over their barn and drifting across their yard. Mr. Joseph Cardano stated they deal with this on a daily basis. The Board viewed the video, which was filmed between 6:30 – 7:00 a.m., and agreed the Cardano’s are in the smoke path and even if the outdoor wood boiler was moved, it would still be a violation.
Mr. Allard stated it appeared that the only hope the Smith’s have is that they burn coal and learn how to burn it correctly. There was a period of time when coal was being burned in June before the Board placed the moratorium on wood and coal burning without it being a bother to the Cardanos.
Frances and Joseph Cardano left the meeting and Diane and Gregory Smith arrived at the meeting at 8:15 p.m.
Mrs. Diane Smith asked what constitutes a smoke nuisance and was given the definition of a public health nuisance. A 7:00 A.M. time frame is not a nuisance. A public health nuisance is when someone’s behavior/action causes harm to the environment and/or health, well-being and enjoyment of life to others. Each issue will be a case by case determination. Ms. McCool stated that she has been called out on several occasions and didn’t always see smoke, but the D.E.P. has stated that if there is a history of smoke problems, this would still be considered a nuisance.
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Mrs. Smith had pictures of others burning wood – she informed the Board that there are wood stoves two houses back from hers. The Board informed her they had seen pictures of smoke coming from their boiler smokestack. Mr. Allard also mentioned that if someone complained of smoke coming from a chimney on a house with a wood stove, this would also be considered a nuisance complaint. This is an on-going situation – the boiler burns all day, 7 days a week. Because this is a nuisance complaint, smoke does not always have to be present.
The Smiths stated they would burn coal exclusively, but as it burns different it may give off a sulfur smell. They asked if this would be a problem and were informed that it might. The Board informed them that anything can be considered a nuisance, i.e. bright lights, loud music, etc., not just wood boilers. The Smiths were warned that they must find a way to use the outdoor wood boiler without smoke going into the Cardano’s yard. There must be no more violations of smoke entering the Cardano yard. The Smiths will have a few days to change over to coal, but under no circumstances must there be a reported violation.
The Board read the minutes of November 7, 2007 with Mr. Allard moving to accept as presented, seconded by Dr. Smith and so voted. Ms. Harrison did not vote as she was absent from the November 7th meeting.
The Cardanos will be called tomorrow informing them that the Smiths are converting to coal in their boiler. The Board will be giving them a few days to change over.
Board of Health Responsibilities:
Beavers – Mr. Allard had nothing to report.
Body Art Regulations – Mr. Bator was absent, but there was nothing to report.
Bulky Day - Ms. Klick was absent, but there was nothing to report.
Communicable Diseases – Ms. Harrison stated there was one case of MRSA at the school.
Emergency Preparedness – The Board had received informational flyers from Catherine “Jackie” Mitchell in regard to readying for a Pandemic Flu. The Board decided they wanted to stay with the flyer that Lorri McCool had prepared.
Finances – Dr. Smith submitted the prioritized budget request for $2,100 for coverage when Ms. Taft is not in the office and $500 for the telephone.
Floor Drains – Mr. Allard had nothing to report.
Food Safety – Mr. Bator was absent, but there was nothing to report.
Hazardous Waste Day – Ms. Klick was absent.
Health Fair – Ms. Harrison had nothing to report.
Housing Safety – Mr. Allard had nothing to report.
Medical Reserve Corps – Ms. Harrison stated the group would not meet again until after the first of the year.
Outdoor Wood Boilers – This was already covered.
Press Release – Dr. Smith asked Ms. Taft if she would contact the papers with a press release notifying residents of the deadline approaching on the registration of outdoor wood boilers before December 15th.
Recycling – Ms. Klick was absent.
Tobacco – A court date has been set for Mr. Nothe’s two establishments for December 31st.
Trash – Ms. Klick was absent.
Wells – The Board discussed the possibility of adding uranium as a requirement for testing when a water test is performed. The secretary was asked to contact water-testing labs to get an estimate on the cost of adding this to the required specs already in place. This will be place on the agenda for the next meeting.
In an area of town from May Hill Road down, there was an issue a few years ago of a high concentration of radon and uranium in the water. A new resident, who recently had the test done, was informed when his test was performed, that radon is dangerous when it escapes from the water.
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Ms. McCool informed the Board that she had met with Water/Sewer Superintendent, Craig Jalbert, to go over the grease management issue. She feels that the Sewer Department needs to require outside grease traps and Mr. Jalbert is willing to do whatever he can.
The Board of Health received approval from the Department of Environmental Engineering in regard to Monson’s outdoor wood boiler regulations. The D.E.P., in their letter of November 13, 2007, approves the regulations pursuant to the Board adopting/citing Section 31C. We will need to check to see if the Board needs to do an amendment to their regulations.
Ms. McCool spoke to the Board about Gary Tessini’s well on Bradway Road. Mr. Tessini needs to submit a new well completion report for the new well. Ms. McCool stated that well completion reports are a requirement in our regulations, and she will keep a closer eye on this. The completion reports will be stapled to the well report.
Mr. Robert Kaddy had asked the Board to look into an issue he had with residents on Lower Hampden
Road. Someone had place a hot tub on his or her front lawn offered as “free.” No one has taken it and it is still there. Mr. Kaddy would like it removed. The Board determined that this was a zoning issue and asked the secretary to speak to Chip LaPointe.
The licenses for 2008 and approved and signed by the Board of Health.
Mr. Allard moved to adjourn the meeting at 10:00 p.m., seconded by Mr. Harrison and voted unanimously.
Respectfully submitted,
Monson Board of Health
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