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HomeMy WebLinkAbout2005-07-13-BOH-min Lexington Board of Health July 13, 2005 - Meeting Minutes Room G-15, Lexington Town Office Building, 1625 Massachusetts Avenue, Lexington, MA 02420 Attendees: Board of Health: Wendy Heiger-Bernays, Chair; Sharon MacKenzie, Burt Perlmutter, Deborah Thompson Health Department: Derek Fullerton, Kathy Fox, Winona Moeller, Ann Belliveau Public: Robert H. Fiske, Tina Wright, Margaret Wright, Jeffrey C. Turk, Esq., Richard Perry, Alan A. Wrigley, Esq. , Francis J. Berlandi, Ph.D.,Jack Maloney, David Eagle, Shawn Maloney, Brian Susnock, James Sheehy Heiger-Bernays called the meeting to order at 7:05 PM. There was no public participation. Heiger-Bernays asked the Board to review the minutes of June 8, 2005. MacKenzie moved to accept the minutes of the June 8, 2005. Perlmutter seconded. All approved. Heiger-Bernays asked the Board to review the datasheets. Heiger-Bernays began a discussion regarding the recent salmonella case. Fullerton described the process of this particular case to the Board. Apparently there were 22 cases of this rare salmonella nationwide. The outcome was a suspect from non-pasteurized orange juice distributed in Massachusetts. Heiger-Bernays opened a hearing in which Robert Fiske of 1155 Massachusetts Avenue requested an exemption to connect to sewer: installation of new septic system. Mr. Fiske made this request because the sewer line ends on Massachusetts Avenue approximately 60 feet from this residence. It would be a financial hardship for Mr. Fiske to connect. Mr. Fiske has had the system pumped recently so the system is all set for one year. Perlmutter motioned to grant Mr. Fiske the exemption to connect to sewer but he must upgrade septic system to meet full Title V compliance and have the wetlands delineated on the plan. MacKenzie seconded. All approved. A discussion began concerning the pesticide application complaint at 425 Woburn Street, Apt. 18. Jeffrey C. Turk representing the tenants residing at Apt. 18, described the events taking place on or about May 10, 2005, in which an employee of the landlord applied a pesticide known as “Sevin” to exterminate pests even in light of the fact that the tenant notified the employee that he was not to use any chemicals in the apartment. As a result of the application, the tenant had an allergic reaction from same on May 11, 2005. The landlord moved the tenant with rented furniture to Apt. 17 on May 23, 2005. On May 18, 2005, the tenant arranged for a company, Touchstone Environmental Consultants to do testing in Apt. 18. The test results were described by Francis J. Berlandi, Ph.D., Certified Industrial Hygienist, Touchstone Environmental Consultants, Inc., indicating a low level of sevin in the room and closet where the chemical was applied. Berlandi stated that all areas outside the office/room were undetectable. Heiger- Bernays asked about the ventilation system in the unit and Richard Perry stated no common ventilation system and no interconnecting duct work are present. The Board identified a violation of the State Sanitary Code 105 CMR 410.550(D), which partially states that all use of pesticides within the interior of a dwelling, dwelling unit that pesticide applicators or their employers must give at least 48 hours pre-notification to occupants of all residential units prior to any routine commercial application of pesticides for the control of indoor household or structural indoor pests. The Board also requested that proper cleanup and post-cleanup sampling be done before any person reoccupies the apartment unit. The Board also requested that dust samples be taken for carbaryl at locations where detections of carbaryl had previously been detected and on other horizontal surfaces. The Board also requested proper cleanup and post- cleanup sampling be done before any person reoccupies the apartment unit with methods approved by the Massachusetts Pesticide Board. The Board requested removal and proper disposal of the rug in the office of the apartment and any other rug as recommended by the cleaning company. Risk-based concentrations for indoor residential exposures to carbaryl will be compared with concentrations of carbaryl from dust samples. In addition, background indoor concentrations of carbaryl will also be compared with the concentrations of carbaryl measured in the dust analyses. All sampling results and analyses must be sent to the Health Department for review and approval prior to occupancy of the unit. In a letter to Derek Fullerton dated 7/1/05, Brian Susnock of 12 Brandon Street, Lexington, MA requested that the Board of Health investigate the accuracy and worthiness of the Arlex Oil Corporation’s application to renew the State of Massachusetts license to transport Hazardous Waste over the streets and through the neighborhoods of Lexington. Mr. Susnock also requested that the Board of Health, with the assistance of the Town Manager and Citizen Committees, establish a local assessment committee to examine if the transport of hazardous waste through Lexington constitutes a nuisance, a danger to the public’s health and safety. David Eagle, President of Arlex Oil Corp. informed the Board that this license with the State is to remove in-ground oil tanks. He said since 1991 over 3,000 tanks have been removed including tanks in Lexington and surrounding communities. He stated no hazardous material is brought to their facilities in Lexington but to State approved salvage yards. Mr. John Keating from the State came to Arlex and inspected and did not find any problems. The Board recommended that DEP should deal with DEP issues. Heiger-Bernays began a discussion concerning 1947 Massachusetts Avenue. At this point, Fullerton indicated not finding any past records of chlordane being applied at this location but further research will be conducted within the Health Department. MacKenzie mentioned that there is an opening on the Board and they would like to begin interviewing candidates soon. MacKenzie motion to adjourn. Perlmutter seconded. All Approved.