BOARD OF HEALTH MINUTES REGULAR MEETING MAIN TOWN HALL 2 ND FLOOR MEETING ROOM BURLINGTON, MA TUESDAY, MARCH 13, 2012

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1 BOARD OF HEALTH MINUTES REGULAR MEETING MAIN TOWN HALL 2 ND FLOOR MEETING ROOM BURLINGTON, MA Approved: 03/27/12 To Town Clerk: 04/06/12 TUESDAY, MARCH 13, 2012 Board Members Present: Jim Dion, Vice-Chair; Ed Weiner, PhD, Libby Walendziewicz, RN, MSN Board Members Absent: Terry McSweeney; Wayne Saltsman, MD, PhD, Chair Staff Members Present: Susan Lumenello, Environmental Engineer; Marlene Johnson, Health Agent; Andria Nemoda, RN, Supervising Nurse Approval of Minutes February 14, 2012 Motion: Ms. Walendziewicz moved to postpone the minutes of February 14, Seconded by Dr. Weiner and unanimously approved. (3-0-0) Citizen s Time: Gregory Smith addressed the BOH with regard to serious flooding throughout the town, and he said he has asked Representative Charles Murphy about possible state funds to help the town. Chairman s Report: None Subcommittee Reports: None. I. Applications Application for Approval of a Preliminary Subdivision Plan Wheeler Road Extension Attorney Robert Buckley of Riemer & Braunstein was present representing The Gutierrez Company. This preliminary plan, he said, is required for a commercial plan. The comments from the Subcommittee meeting of February 14, 2012 were taken into consideration. Ms. Lumenello said there were 18 preliminary comments and discussed the conditions relating to the known areas with contamination in the soil and ground water. Motion: Dr. Weiner moved to approve the Preliminary Subdivision Plan with the minutes and notes from the February 14, 2012 subcommittee meeting. Discussion: It was recommended that the subcommittee minutes be approved. BOH members at that meeting were present to vote. Seconded by Ms. Walendziewicz and unanimously approved. (3-0-0) Dr. Weiner recommended that the minutes of the February 14, 2012 subcommittee meeting be approved. Mr. Buckley said he was satisfied with the minutes. Board of Health Members: Wayne Saltsman, MD, PhD, Chair Jim Dion, Vice Chair Terry McSweeney Ed Weiner, PhD Libby Walendziewicz, RN, MSN

2 Motion: Dr. Weiner moved to approve the February 14, 2012 preliminary subdivision plan subcommittee meeting minutes. Seconded by Ms. Walendziewicz and unanimously approved. (3-0-0) Application for Approval of a Special Permit 184 Cambridge Street It was agreed by the BOH that the Approval of a Special Permit and the Site Plan Approval for 184 Cambridge Street be discussed together and the motions taken separately. Phyllis Etsell, Murray Hills, Inc. and Joshua Swerling, Bohler Engineering were present representing the property owner and TD Bank. Mr. Swerling gave a brief overview explaining that the plan is to demolish the existing Block Buster Building and adjacent, empty stores, up to the restaurant previously known as the Fish House. These buildings are set back from Cambridge Street. TD Bank is proposing to build a bank to the front of the property, on Cambridge Street which will include a three-lane drive through. The overall project will be a 12% reduction in pervious area as much of the area will be landscaped with bushes and trees. Plans for the storm water runoff were explained which will include a stormceptor to serve the area of the bank and the strip site behind it. The building design will follow the guidelines of the 3A Corridor design. The area has contamination and the owner and TD Bank are satisfied with the recommendations of the Environmental Engineer. Ms. Lumenello explained past contamination from the gas station and said there is an Activity and Use Limitation in the area of the gas station which needs to remain paved. Comments include a Licensed Site Professional (LSP) Opinion to confirm the potential need for a RAM plan. The property owners and the proponent have an LSP. Comment four states that if groundwater is encountered, an LSP needs to determine if it should be treated as a remediation waste. Dr. Weiner asked about the level of contamination, and Ms. Lumenello said that she believes theirs tests concluded that all were under reportable standards. There are three or four wells on the site that need to be decommissioned. Dr. Weiner asked if the BOH would be provided with a copy of the ground water report. Ms. Etsell replied that she has a copy of the RAO, and a copy of the report from TD Bank would have to be recommended from them. Ms. Lumenello continued that a condition is included stating that an LSP should render an opinion on whether or not contamination plume migration may occur and whether or not vapor barrier should be installed. Mr. Swerling said that a letter could be provided to the BOH from the LSP. Ms. Lumenello explained that the letter should specifically address three issues: whether or not a RAM plan was necessary, that March 13,

3 they do not believe a plume would migrate off the property, and the indication of the need for a vapor barrier. Ms. Lumenello said that a well management plan is also included in the conditions. Motion: Dr. Weiner moved to approve the Application for Approval of a Special Permit for 184 Cambridge Street. Seconded by Ms. Walendziewicz and unanimously approved. (3-0-0) Application for Site Plan Approval 184 Cambridge Street Motion: Dr. Weiner moved to approve the Application for a Site Plan Approval for 184 Cambridge Street. Seconded by Ms. Walendziewicz and unanimously approved. (3-0-0) II. Permits: None. III. Hearings: 11 Druid Hill Condemnation of Dwelling for Failed Septic System Present to address the BOH was Fred Feist, 11 Druid Hill Lane. Ms. Lumenello explained that this property had failed a Title V Inspection making this address unfit for human habitation. Connection to the sewer system was successful today, March 13, 2012, and no violations of 105 CMR are noted. Motion: Ms. Walendziewicz moved to find that based on the facts adduced at this hearing that the premises located at 11 Druid Hill Avenue in the Town of Burlington are fit for human habitation. Seconded by Dr. Weiner and unanimously approved. (3-0-0) Motion: Ms. Walendziewicz moved to find that based on the facts adduced at this hearing, that the premises located at 11 Druid Hill Avenue in the Town of Burlington, based on the following conditions, which pursuant to 105 CMR are deemed not to endanger or impair the health, safety and welfare of the persons occupying said premises. Seconded by Dr. Weiner and unanimously approved. (3-0-0) Variances Subway, 47 Middlesex Turnpike External Grease Trap One Year Review Subway, 10 Wall Street - External Grease Trap One Year Review Amy Patel, owner of both of the above Subways, was present. Ms. Patel was granted a temporary grease trap variance on February 8, 2011 to operate both food establishments without an external grease trap. She was present seeking approval for a permanent external grease trap variance for each location. Ms. Johnson said there have been no menu changes, inspection and cleaning of the grease traps are logged and the logs kept on site; there has been compliance on all routine food inspections; and there have been no issues with F.O.G. per the Assistant Superintendent of DPW s Water and Sewer. March 13,

4 Motion: Ms. Walendziewicz moved to grant a permanent external grease trap variance for 47 Middlesex Turnpike with the standard conditions. Seconded by Dr. Weiner and unanimously approved. (3-0-0) Motion: Ms. Walendziewicz moved to grant a permanent external grease trap variance for 10 Wall Street with the standard conditions. Seconded by Dr. Weiner and unanimously approved. (3-0-0) Staff Reports Environmental Engineer s Reports Household Hazardous Waste: Ms. Lumenello reported that the next collection date is set for April 21, 2012, 8:30am-12noon at the Francis Wyman School. The brochure will be coming out shortly. This year medical sharps will not be collected. The vendor that collected medical sharps was sold and the new company will not be collecting sharps due to regulatory and liability issues. Ms. Lumenello will investigate other options. Ms. Nemoda said she may know of another avenue to investigate. 255 Middlesex Turnpike Water Discharging: Dr. Weiner asked for an update on this issue that was discussed at the previous meeting. Ms. Lumenello said she sent a letter to the homeowner who responded that she was willing to comply and needed time to looking into options. She has been placed on the Board s March 27 agenda. Motion: Ms. Walendziewicz moved to approve the Environmental Engineer s report dated February 8-22, Seconded by Dr. Weiner and unanimously approved. (3-0-0) Motion: Dr. Weiner moved to approve the Environmental Engineer s report dated February 22-March 6, Seconded by Ms. Walendziewicz and unanimously approved. (3-0-0) Health Agent s Reports Sears: Ms. Johnson stated that she had omitted the word Sears under the Complaint portion of her March 13 report, and she will resubmit that report for the records. Café 105: Café 105 is now in compliance with their CFPM Certificates for all employees, including the owner. Inspector: Ms. Johnson said that the new part time contract health inspector has been trained on the Digital Health Department software and started using it this month. Unidine: Unidine s outstanding ticket has been paid. March 13,

5 Complaints: Ms. Walendziewicz as Ms. Johnson if re-inspections take place after a complaint has been brought forward, and Ms. Johnson said they do. CFPM s: Dr. Weiner noted that there are still issues of not having CFPM s. Ms. Johnson replied that reminders can be sent to all establishments through CTY. Motion: Ms. Walendziewicz moved to approve the Health Agent s report dated February 28, Seconded by Dr. Weiner and unanimously approved. (3-0-0) Motion: Dr. Weiner moved to approve the Health Agent s report dated March 13, Seconded by Ms. Walendziewicz and unanimously approved. (3-0-0) Supervising Nurse s Reports Ms. Nemoda explained that she had been out of the office and unable to complete her report. Motion: Dr. Weiner moved to postpone the Nurses Report dated February 22-March 6, Seconded by Ms. Walendziewicz and unanimously approved. (3-0-0) Ms. Nemoda stated that the Nurses Report dated February 8-21, 2012 was available for the BOH to review. Dr. Weiner said that Dr. Saltsman wanted to talk about the report and recommended postponing approval of the report. Motion: Dr. Weiner moved to postpone the Nurses Report dated February 8-21, Seconded by Ms. Walendziewicz and unanimously approved. (3-0-0) Director of Public Health s Report Motion: Ms. Walendziewicz moved to approved the Director s February 22-March 6, 2012 report. Seconded by Dr. Weiner and unanimously approved. (3-0-0) Motion: Dr. Weiner moved to approve the Director s February 8-21, 2012 report. Seconded by Ms. Walendziewicz and unanimously approved. (3-0-0) Discussion Temporary External Grease Trap Revocation Mr. Chan s Restaurant, 91 Middlesex Turnpike Ms. Johnson explained that the BOH had voted to grant Mr. Chan s Restaurant a temporary grease trap variance for an external grease trap at 91 Middlesex Turnpike. A minor engineering change was requested in July of 2011 which included the installation of a 2,000 external grease trap, which has been March 13,

6 installed. Since an exterior grease trap has been installed, Ms. Johnson said, the external grease trap variance should be revoked. Motion: Ms. Walendziewicz moved to revoke the temporary external grease trap variance for Mr. Chan s Restaurant, 91 Middlesex Turnpike. Policy for Late Hazardous Material Registration Forms Ms. Lumenello reviewed the above policy with the BOH. She reported that all registration forms, which include a recurring fee, are due on March 15, and at the present time, there is no policy in place if the registration is not received and thirty are outstanding. She recommended that the BOH consider the approval of the submitted policy. If it is approved from each of the establishments who are late with their form will need to come before the BOH at their next meeting where the BOH may issue a fine. Dr. Weiner recommended that the companies be allowed to request an extension since there is such a large number of outstanding forms. Ms. Lumenello explained that they are given sufficient time and reminder letters are sent plus they are also contacted through CTY. An Appearance Letter will be sent and she recommended that they come before the BOH if they do not comply prior to the BOH meeting date of the Appearance Letter. Dr. Weiner recommended the addition of the following comment to the Policy for Late Hazardous Material Registration Form policy: If the establishment complies prior to the Board of Health meeting, they will not be obligated to attend the meeting. Motion: Dr. Weiner moved to approve the Policy for Late Hazardous Material Registration Forms with the recommended change. Seconded by Ms. Walendziewicz and unanimously approved. (3-0-0) FY13 Budget The members reviewed the submitted, revised budget. Motion: Dr. Weiner moved to approve the FY 13 Board of Health budget with the minor changes with the final number under Supervising Authority being $538,089 with a 1.62% percent change. Discussion: It was reported that Dr. Saltsman spoke with Dr. Conti regarding the part time nurse which the BOH and the School Department were sharing. The School Department will now be wholly responsible for this position which allows the BOH budget to be in compliance. Seconded by Ms. Walendziewicz and unanimously approved. (3-0-0) March 13,

7 Dr. Weiner noted that the Director will be submitting a Warrant to Town Meeting for the increase from step 12 to step 13 for the Environmental Engineer with a name change and responsibilities as previously discussed. Adjourn Motion: A motion was made and approved to adjourn at 8:00 p.m. and unanimously approved. (3-0-0) Respectfully submitted, Betty McDonough Recording Clerk March 13,

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