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Health Minutes 01/09/2013

 Town of Middleton, Massachusetts
Board of Health
January 9, 2013

The Middleton Board of Health held a public meeting on January 9, 2013 at the Fuller Meadow School (Media Room) 143 South Main Street, Middleton, Massachusetts at 7:00 p.m.

Board Members Present:
Robert Ambrefe, Chair
George Demeritt
John Goodwin
Matthew Greenfield
Others Present:
Derek Fullerton, Public Health Director
Stacey Haynes, Recording secretary
Dan Corbett, Realtor
Chairman Ambrefe opened the meeting at 7:00 p.m.
MOTION: John Goodwin moved to accept the meeting minutes of November 7, 2012, as written. George Demeritt seconded the motion. Motion carried 3-0.
Mr. Dan Corbett approached the board and announced he is the owner of Don Corbett Real Estate in Danvers, MA. He is representing the owners of the lots located at 3 Iverson Street and 7 Pine Street in requesting a variance to the Boards Wastewater Regulation Section 339-12 (A, B, C). Mr. Corbett explains both lots are undersized that could possible fit two - 1.5 bedroom homes, and is seeking a variance to the to the two-bedroom requirement.
Mr. Fullerton explains the nature of the variance request to the Board for both lots having the same issue. Mr. Fullerton states both lots are approximately 16,900 square feet. Full engineered and surveyed plans for the lots have not been completed, so the request is purely preliminary. The variance request is based on the policy implemented last year for lots that have a well and a septic, and do not meet the four bedroom /40,000 square foot land area requirement for a lot that has a domestic well and septic system (nitrogen loading). If granted by the Board, the request would still have to meet Title V requirements and an alternative treatment system would need to be added.
Mr. Chairman voices his concern by allowing the variance; it would create many more variance requests for lots that are extremely undersized. Mr. Greenfield adds that he is concerned with making a decision having very little information, and is not normally how the Board assesses variance requests. 1.9.13 Board of Health Minutes Page 2

After further discussion of the lots and the surrounding area by the Board, Mr. Fullerton states the issue is more the related to the nitrogen sensitive loading for the small lot sizes which as proposed by Mr. Corbett, would require a DEP variance prior to local variance assessment. Mr. Chairman states he would also like the DEP questions answered and then be reviewed. The Board now agrees that the discussion should be tabled so more information can be obtained.
At this time, Mr. Corbett tells the Board he will comply with the Board and will do whatever he needs to do for the Boards approval in granting the variance.
Mr. Fullerton asked Mr. Corbett if the lots are held in common ownership. Mr. Corbett explained there is a potential to buy the adjacent lot to combine and is willing to combine the two lots if need be.
Mr. Fullerton told Mr. Corbett to obtain proper lotting information (square footing, etc.) and the exact square footage of the lots to properly calculate the nitrogen loading for the proposed lots/septic systems.
MOTION: George Demeritt moved to table the Wastewater Regulation Section 33-12 (A, B, C) Variance Request for Lot 3 Iverson Street and Lot 7 Pine Street until the next Regular Board meeting, following the plan be presented to the DEP by Mr. Fullerton for their approval. John Goodwin seconded the motion. Motion carried 3-0.
Mr. Fullerton gave a brief update to the Board regarding the zoning for Medical Marijuana Dispensaries within the town.
Mr. Fullerton announced that, in response to the Board of Health and the Chief of Police being proactive on the issue, the Town Administrator has reactivated its By-Law Committee. Mr. Chairman is serving on the committee representing the Board to review the town’s by-laws for zoning of this particular use.
Mr. Fullerton also stated he was asked by the Building Commissioner for his personal recommendation on how the town should approach the matter. Briefly discussing the actions taken by other towns, Mr. Fullerton recommended the town look at a two- tier approach (ban and overlay zones) compared to just an all out ban of dispensaries due to the fact that the Attorney General has not ruled on the legality of all out bans.
Mr. Greenfield believes that a full ban would not be possible. Mr. Chairman agrees stating it may be deemed unconstitutional by the Attorney General, and may be extremely tough to zone. Mr. Chairman will give the Board and update on the Committee at the next regular Board meeting.
Mr. Fullerton thanks Mr. Chairman for his service on the by law committee and representing the Board well regarding the issue.
Mr. Fullerton updates the Board on the public health issue regarding the students at Essex Aggie and North Shore Vocational School. Mr. Fullerton has attended a meeting regarding the issue on December 23, 2012. The state Department of Public Health has agreed to assist in the investigation and to take over the scientific medical study of it. Mr. Fullerton briefly explains to the Board the approach the DPH is taking, and the steps they will be taking in the investigation process. 1.9.13 Board of Health Minutes Page 3

Mr. Fullerton stated that he will be meeting with the Mosquito District early in the season. Mr. Fullerton reminds the Board of the mosquito activity of last year, and recommends the Board be proactive in the matter and start thinking about the protocols they have put in place and assess them as WNV/EEE presence in mosquito indicators could become endemic in our region.
Mr. Chairman stated the issue should be top priority, and the Board agrees that proper planning should commence.
Mr. Fullerton presented the Board with copies the FYI 2014 Board of Heath operating and Capital Budget he has prepared. Also included is a summary of the budget of the last fiscal year, as requested by Ira Singer, the Town Administrator.
Mr. Fullerton apprised the Board that he has requested a new compact vehicle that would be much more economical in conducting his job, and asks the Board for support in this request.
The Board tells Mr. Fullerton they agree with his budget request and discuss the great job Mr. Fullerton has done with staying within the budget each year.
At this time, Mr. Demeritt states that it is his belief that the Board has been extremely fortunate of all the positive changes that Mr. Fullerton has been responsible for over the 5 last years. Mr. Demeritt recommends that Mr. Fullerton prepare a summary of his accomplishments over the last year and submit it to the town manager to be considered for a salary increase.
The Board now discussed the issue and they strongly believe Mr. Fullerton should be awarded for his efforts. Mr. Greenfield stated that a summary of his work in quantitative measures should be prepared to truly show the impressive amount of work Mr. Fullerton has completed over the last year.
Mr. Chairman stated he is in favor of requesting salary increase for Mr. Fullerton and will approach Mr. Singer, as well as the Board of Selectmen.
Mr. Fullerton thanked the Board for their initiative and support in requesting a salary increase on his behalf.
Mr. Chairman asked Mr. Fullerton if the medical waste dispenser has been implemented at the police station. Mr. Fullerton sates the dispenser has been delivered and will installed this week. The Board now has a brief discussion regarding the container.
Mr. Chairman asked Mr. Fullerton if the Sharps Waste Container has been implemented at the Department of Public Works/Board of Health location. Mr. Fullerton stated that it has but it has not yet been announced to the residents; however, a press release will be issued in the near future.
Mr. Chairman asked Mr. Fullerton if the town has any more flu vaccines left since Boston has declared a State of Emergency due to the flu. Mr. Fullerton states that the Health Department held a flu clinic today, and there are approximately 10 vaccines left. The Health Department will also be conducting another clinic on January 15, 2013.
Mr. Demeritt tells the Board he would like to bring up the issue discussed at the last meeting of hiring an ombudsman to assist Mr. Fullerton with completing certain tasks. Mr. Demeritt asks for the Boards approval of 1.9.13 Board of Health Minutes Page 4

writing up a brief job description for an ombudsman on an as needed basis. The Board agrees to creating the assistance and briefly discusses how they may help, and what tasks can be handled by interns hired by Mr. Fullerton.
The next regular Board of Health meeting is scheduled for March 6, 2013.
MOTION: There being no further business, Mr. Goodwin moved to adjourn the meeting at 8:35 p.m. Mr. Demeritt seconded the motion. Motion carried 3-0.
Respectfully submitted,
Stacey Haynes
Recording secretary