MEETING PACKET JULY 2010 � IJULY 2010
i
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CITY OF SALEM, MASSACHUSETTS
BOARD OF HEALTH
120 WASHINGTON STREET,4"i FLOOR
• TEL. (978) 741-180Q20 Q JUI -I P (: 22
KIMBERLEY DRISCOLL FAx(978) 745-0343
MAYOR i GREENBAUMnsnI.rM.rC) 4 F t! t ;#f
j
DAVID GREINBAUM
ACTING HEALT►-I AGENT NOTICE OF MEETING
You are hereby notified that the Salem Board of Health will hold its regularly scheduled meeting
on Tuesday, July 13, 2010 at 7.00 PM at
City Hall Annex, 120 Washington St Room 311,
MEETING AGENDA
1. Call to order
2. Approval of Minutes from June 8, 2010
3. Chairperson Announcements
4. Public Health Announcements/Reports/Updates
a. Health Agent
• b. Public Health Nurse
c. Administrative
d. Councilor Liaison
5. High Rock Bridge Street, LLC to respond to the MA DEP Letter of June 4, 2010
6. Request by Erin Higgins for a variance to Board of Health Regulation#23 to allow electric
sanding for exterior paint removal.
7. Needy Meds Program presented by Dr. Richard Sagall
8. Miscellaneous
9. Adjournment
Next regularly scheduled meeting is September 14, 2010 at 7pm at City Hall Annex, 120
Washington Street Roo 1
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'bavid Greenbau
Acting Health Agent r t �4 4'
Cc: Mayor Kimberley Driscoll, Board of Health, City Councilors
CITY OF SALEM
BOARD OF HEALTH
MEETING MINUTES
June 8, 2010
• DRAFT
MEMBERS PRESENT: Dr. Barbara Poremba, Chairperson, Kemith LeBlanc, Martin Fair, Marc Salinas, Dr.
Larissa Lucas & Gayle Sullivan
OTHERS PRESENT: David Greenbaum, Acting Health Agent
TOPIC DISCUSSION/ACTION
1. Call to Order Meeting called to order by Dr. Poremba, Chair, at 7:00pm.
2. Minutes of Last Meeting Motion to approve with corrections - 4 in favor, 1 abstaining
(May 11, 2010) (Chairperson declines to vote per usual custom)
Minutes approved.
3. Chairperson Announcements Presented. See Attached.
(Copy on file at the Board of Health office)
�»4. Monthly Reports-Updates
A. Administrative Presented and approved. See attached.
Report (Copy on file at the Board of Health office with budget for FYI 1)
B. Public Health Nurse Presented and approved. See attached. (Copy on file at the Board of
• Report Health office)
C. Actin Agent
Presented and approved. See attached.
g Health g Report (Copy on file at the Board of Health office)
D. City Council Liaison None presented.
Updates
5. New Business
A. Update on the Gateway Center
During the May Board of Health meeting more information
/Senior Center Project from Acting regarding this site was brought to the attention of the Board.
Health Agent (Copies of this information are on file at the Board of Health
office
Based upon this information and a letter from the MA DEP dated
June 4, 2010 regarding this site, the Board discussed this
information and if they should consider asking the developers of
the Gateway Center/Senior Center Project to address concerns
regarding this project.
M. Salinas—Motions to place the High Rock Bridge Street
Development on the agenda of the next Board of Health
meeting; and to invite their agents to comment on the letter
from MA DEP dated June 4, 2010 and to respond to all issues
• and recommendations raised in the letter and potential
additional conditions on the project prior to construction. 2"d.
4 in favor, none opposed (Chairperson declines to vote per usual
custom)
Motion passes.
Short Brake
B. Update on Statewide Chair and BOH members G. Sullivan, and Dr. Lucas and Acting
Regionalization Meeting & Health Health Agent D. Greenbaum attended the statewide regionalization
Agent Position meeting on June 2, 2010 at Bentley College. They updated the rest
of the board on key points discussed.
• Regionalizing is not an easy process. •
• Regionalizing does not work well when you put
understaffed cities/towns together.
• The state is willing to give political support but at this point
there is no available financial support to cities/towns for
regionalization.
• This is not necessarily a cost savings measure, although
there may be savings down the line.
• Collaborative &partnership relationships are potential
types of regionalization initiatives.
• Regionalization takes time and is a process. For example,
the City of Belmont, whose Health Agent is retiring soon,
has been actively working on regionalizing for 1%z years
and will be working on this for at least another 1'h years.
Given that the Salem Health Department is down 2 fulltime
positions with an acting health agent, the Board feels that at this
point it is necessary to proceed in hiring a permanent health agent
who can provide leadership to investigate opportunities for
regionalization initiatives such as partnership or collaboration.
Dr. Lucas - Motions to post a fulltime permanent Health
Agents position. 2nd; 5 in favor, 0 opposed (Chairperson
declines to vote per usual custom).
Motion passes. •
6.Miscellaneous Joyce Redford from Tobacco Control contacted D. Greenbaum
A.Tobacco Control about 2 establishments with Yd and 4th tobacco offenses. Since our
ordinance does not have any language for a tolling period, which
means after a certain amount of time offenses would revert back to
a lst offense, D. Greenbaum suggested the he send a violation to
the establishments and if they decide to appeal the violation they
should come before the Board.
The Board agrees with D. Greenbaum's suggested action.
B.Transfer station appeal Transfer station appeal—Dr. Poremba emailed Beth Rennard
about representation. The BOH will represented by Atty Jerry
Parisella. He is the p/t Asst. City Solicitor and an attorney with the
firm of Alexander and Femino.
(A copy of this email is on file at the Board of Health office)
7. MEETING ADJOURNED: 9:46 p.m.
Respectfully submitted,
Heather Lyons •
Clerk of the Board
Next regularly scheduled meeting is July 13, 2010 at 7pm
At City Hall Annex, 120 Washington Street,Room 311 Salem.
Page 1 of 1
David Greenbaum
• From: Barbara Poremba [bporemba@salemstate.edu]
Sent: Friday, May 21, 2010 2:30 PM
To: Beth Rennard
Cc: Gayle Sullivan; Kemith Leblanc; Larissa Lucas; Marc Salinas; Martin Fair; Martin Fair; David
Greenbaum; Mayor
Subject: Independent Counsel
Importance: High
Dear Ms Rennard,
At the May 11, 2010 meeting, the BOH discussed the status of the transfer station appeal. Given
a potential conflict of interest,the Board of Health requests that the city provide independent
counsel to represent the board in the appeal process.
If you require a more formal petition, please advise.
Sincerely,
Dr. Barbara Poremba
Chairperson, Salem BOH
•
7/13/2010
r
• Acting Health Agent Report
June 2010
Meetings/Trainings
1. Meeting with the proponent of the proposed methadone clinic on Canal Street.
Owner discussed clinic operations and policies with the Mayor and city
departments.
2. Attended a meeting with North Shore Elders at the Peabody Police Station
regarding hoarding and best practices for handling hoarding situations.
3. Attended the monthly meeting of the NS/CA Emergency Preparedness
Coalition. Key items discussed include:
• Updates on upcoming deliverables and how to meet the deliverables
• Expanding the mission of the coalition beyond emergency
preparedness
• How to encourage active participation of all member communities
4. Attended the City Council budget hearing for the Board of Health budget for
FY11. The budget was approved as presented by the Mayor
Significant Communication or Complaints from Residents
1. An inquiry from Mr. Richard Harrell regarding 117 Lafayette Street. Mr. Harrell
lived a t 117 Lafayette Street in 2007, he has since moved from the building. He
was/is concerned about the possibility that there is an unhealthy mold problem in
• this building. Mr. Harrell has asked if the Salem Board of Health will be notifying
tenants of this building that there is a potentially hazardous mold infestation.
This complaint was initially received in 2007. The complaint was investigated
and resolved at that time. Attached is a timeline of events regarding this matter.
(Exhibit A)
2. Received a call from Leslie Harsip of Marblehead on June 15, 2010 regarding an
incident at the Tavern in The Square. Someone sprayed pepper spray in the
restaurant and people had to evacuate, some people did not evacuate. When
they returned to the restaurant she refused to pay for the drinks that were left
during the evacuation. She wanted to know if there protocol for situations such
as this. I spoke to Assistant General Manager, Sal Gesamondo regarding this
situation and informed him that any food or drinks that are left behind because of
a chemical release in the restaurant should be discarded. He agreed that as a
matter of food safety he would instruct the staff to discard food left due to this
type situation.
Inquiries or Reports from the Media
1. Ethan Forman from the Salem Evening News called inquiring about the possible
imposter health inspectors for a story to be run in the Salem Evening News.
•
EXHIBIT A
r
r ,
TIMELINE OF EVENTS RE: •
117 LAFAYETTE STREET AND RICHARD
HARRELL
July 27, 2007—A copy of a notice from Caritas Communities to Richard Harrell informing that
the issues he raised about his apartment would be corrected and repaired on 8/1/10 at 10:00AM.
July 30, 2007 @ 4:01PM—An email from Richard Harrell to Tom Nee and copied to the Board
of Health was received stating that Mr.Harrell did not want anyone entering his apartment until
he is informed of the methods and materials to be used.
July 30, 2007—Mr.Richard Harrell contact the Salem Board of Health regarding his apartment
at 117 Lafayette Street#321.
July 30, 2007—Based upon a complaint by then tenant Richard Harrell an inspection was
conducted of unit 321 at 117 Lafayette Street. Violations found include:
• Chipping/peeling paint
• Holes in the walls with a slight mildew odor
• Water damage on a wall
An order to correct was issued on July 31, 2007.
August 9,2007-Dave Ouellette of Community Teamwork Inc. (CTI) contacts the Salem Board
of Health regarding 117 Lafayette Street unit 321. •
August 15, 2007—A letter dated August, 10, 2007 was received by the Board of Health from
Joseph Jackson, property manager for the owner of 117 Lafayette Street, Caritas Communities.
Letter states that all work will be done beginning on 8/16/07 and should take 2 days.
August 20, 2007—An email from Richard Harrell in response to the letter form Property
manager Joseph Jackson regarding access to unit 321 for the purpose of making repairs. Mr.
Harrell refutes all allegations made in the letter.
August 23, 2007—A letter dated August 22, 2007 was received by the Board of Health from
David R. Jackowitz, Attorney for Caritas Communities. The letter informs Mr. Harrell of the
necessity to allow access for the purpose of making repairs and sets a date of August 28, 2007 to
enter the apartment and make repairs.
August 24, 2007 @ 2:41PM—An email received by Senior Sanitarian, Janet Dionne from
Richard Harrell to Attorney David R. Jackowitz in response to the letter dated August 22, 2007.
Mr. Harrell states that the cosmetic repairs can be made anytime but wants to know how the
property owners will addressing the mold/mildew problem.
August 27, 2007—A letter dated August 23, 2007 was received from the City of Salem Building
Department to Caritas Communities regarding the masonry on the exterior of the building and the
need to make repairs to the masonry.
•
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September 5, 2007 @ 1:24PM—An email was received by Janet Dionne from Richard Harrell
• with information regarding Toxic Mold and Tort News Online. The information addressed the
health affects of mold and spoke o toxic mold litigation.
September 5 , 2007 @ 2:11PM—An email received by Senior Sanitarian, Janet Dionne from
Richard Harrell regarding investigation, evaluating, and remediation moisture and mold
problems.
September 5, 2007 @ 2:50PM—an email received by Senior Sanitarian, Janet Dionne from
Richard Harrell asking to please take note of footnote#5 from the previous email. Footnote#5
"For more information on vapor barriers and building construction, see Resources List. It is
important that building materials be able to dry; moisture should not be trapped between two
vapor barriers or mold may result. "
September 13, 2007—Wilson Tejada of Caritas Communities calls the Salem Board of Health
regarding 117 Lafayette Street unit 321
September 14, 2007—A copy of a letter from Property Manager, Joseph Jackson to Building
Commissioner, Thomas St.Pierre was faxed from Wilson Tejada to the Board of Health. Letter
is in response to the letter from Tom St. Pierre to Caritas Communities dated8/23/07.
September 24, 2007—A letter was sent from the Salem Board of Health to Caritas Communities
stating that a re-inspection of unit 321 was conducted on September 21, 2007 and all violations
cited in the inspection report of July 31, 2007 had been corrected.
September 28, 2007 @ 2:19PM—An email was sent from Richard Harrell to Senior Sanitarian,
• Janet Dionne and Sanitarian, David Greenbaum stating that he was advised by the state
department of public health that he request a hearing in front of the board of health and requesting
that this request be forwarded to the appropriate Board member.
September 28, 2007 @ 2:25PM—An email from Richard Harrell requesting to appear before the
Board of Health at the next meeting on October 2, 2007.
October 1, 2007 @ 12:12PM—An email sent from Richard Harrell to Health Agent, Joanne
Scott, Senior Sanitarian, Janet Dionne and Sanitarian, David Greenbaum requesting that we re-
inspect his unit at 117 Lafayette Street#321 at our earliest convenience.. He feels that with
increased rain and humidity the possible mold conditions in his unit have been exacerbated.
October 2, 2007—A letter sent from Dr. Paul Dardeno regarding the possibility that Mr.Harrell
lives in an apartment with multiple potentially allergic toxins that he feels are adversely affecting
Mr. Harrell's health.
October 2, 2007 @10:47AM—An email from Health Agent, Joanne Scott to Richard Harrell
advising him that the Board of Health meets on the 2"d Tuesday of the month and that we will be
placed on the agenda fro the meeting scheduled on October 9, 2007.
October 4, 2007 @ 1:38PM—An email from Health Agent, Joanne Scott to Richard Harrell
advising of the Board of Health meeting on Tuesday, October 9, 2007 at 7PM.
•
r ,
October 4, 2007—Another inspection was conducted at 117 Lafayette Street, #321 occupied by
Richard Harrell. The inspection noted 7 violations. These include: •
1. Peeling/chipping paint
2. Burner knob on the stove broken
3. Ceiling light outside of bathroom not working
4. Damaged floor tile in corner of bedroom
5. Smoke detector not secure to ceiling
6. Two barrels missing covers
7. The tenant must not peel paint/paper from walls
The report also noted that the tenant complained of chronic moisture and mold problems. No
mold or moisture was observed except in a small area of the shower floor.
October 4, 2007 @2:40PM—An email from Richard Harrell to Health Agent, Joanne Scott
indicating that a Mr. Roy of Microzyme Company was willing to come back to his unit at 117
Lafayette Street. He stated that the analysis would be of the ambient outside air as a"back
ground check." Mr. Harrell asked if after this testing would there be any other parameters that
would need to be met or would that be satisfactory.
October 4, 2007 @ 3:37PM—An email was sent from Health Agent, Joanne Scott to Mr. Harrell
explaining to him that the Board of Health is required to enforce the State Sanitary Code for
housing. The extent of the Board's legal authority given by that code is to inspect for water
damage. Joanne explained that she did not observe water damage in Mr. Harrell's unit. Joanne
further explains that under no circumstances would the Board of Health order or require a mold
analysis in that situation.
October 4, 2007—Health Agent, Joanne Scott faxed a copy of the mold treatment and •
remediation information provided by MicroZyme to Mike Feeney of MA DPH. Mr. Feeney
works in indoor air quality for the State.
October 5, 2007—A letter was sent to Mr.Harrell inviting him to the Board of Health meeting
on Tuesday, October 9, 2007.
October 25, 2007—A copy of the order to correct dated October 4, 2007 was faxed to Joseph
Jackson of Caritas Communities.
November 5, 2007—A letter was sent to Caritas Communities informing them that a re-
inspection of 117 Lafayette Street#321 was conducted and all violations noted in the inspection
report of October 3, 2007 had been corrected.
December 10, 2007 @ 12:30PM—An email from Richard Harrell to Health Agent, Joann Scott
asking for another inspection of his unit at 117 Lafayette Street#321 due to the growth of visible
mold in his unit.
December 10, 2007 @ 12:40PM—An email was sent from Health Agent, Joanne Scott to Mr.
Harrell asking if he would like an inspection on December 11, 2007 at 2PM.
December 10, 2007 @1:33PM—An email from Richard Harrell to Health Agent, Joanne Scott
informing her that the inspection on December 11, 2007 at 2PM is fine with him, however he
needed to await a reply from his attorney.
•
December 10, 2007 @ 4:OOPM—An email from Richard Harrell to Health Agent, Joanne Scott
• informing her that the inspection on December 11, 2007 at 2PM was fine with his attorney.
February 5, 2008—A letter dated January 30, 2008 from Attorney Michael McCardle regarding
the issues at the apartment of Richard Harrell of 117 Lafayette Street#321.
February 21, 2008—A letter dated January 25, 2008 from Community Teamwork Inc. (CTI)of
s Lowell, MA was received informing the property owner, Caritas Communities that CTI would be
terminating the Housing Assistance Payment Contract for Mr. Harrell's apartment.
June 9, 2010 -Mr. Richard Harrell came to the Board of Health office to discuss the potentially
hazardous mold problems at 117 Lafayette Street. Mr.Harrell lived a t 117 Lafayette Street unit
321 in 2007, he has since moved from the building. He was/is concerned about the possibility
that there is an unhealthy mold problem in this building. Mr.Harrell has asked if the Salem
Board of Health will be notifying tenants of this building that there is a potentially hazardous
mold infestation. This complaint was investigated and resolved in 2007.
June 9, 2010—A fax copy of mold spore testing reports was received from Attorney Michael
McCardle.
•
CITY OF SALEM) MASSACHUSETTS
IiC)ARD O1�HEALTH
• 120 WASHINGTON STREET,4"'FLOOR
TEL. (978) 741-1800
KIMBERLEY DRISCOLL FAx(978) 745-0343
MAYOR DGRrrNBAUM fl,SAI.EM.COM
DAVI.D GREENBAUM Public Health Nurse Report
June 2010 Activities
Disease Prevention
• In contact with North Shore Pulmonary Clinic regarding active cases and case
contacts.
• Investigated communicable disease cases and reported to the MDPH.
• Ppd test provided for a Class 61 resident referred to NSPC
Meetings/Clinics
• DOT provided weekly for an active TB case.
• Attended North Shore Elder Services Protective Services meeting at the
Peabody Police Department.
This meeting was convened by North Shore Elderly Services to discuss current
protocols that police, fire and health follow receiving a call and finding unfit living
• conditions.
• Attended a meeting at the Mayors Office in regards to the proposed opening of a
Methadone Clinic.
Discussed were the daily operation of a Methadone Clinic, neighborhood
complaints, zoning.
• A yearly inspection was conducted at the Purple Scorpion Tattoo Parlor. The
establishment passed inspection.
Summer Camps June 2010
The following camps were inspected and permitted for the 2010 Season:
YMCA camps: One Sewell Street
Winter Island Plummer Home Property
Lynch Van Otterloo Leggs Hill Road
Boys and Girls Club Hawthorne Blvd.
•
(Camps continued) •
Campfire Camp Cain Road off Highland Avenue
Rebel Shakespeare: Winter Island Camping Area/Pavilion
Children's Island: Salem Harbor
Salem State College Sports Camps scheduled for June Opening
NEW Kernwood Country Club opened a summer camp for their member's
children.
Camp Kernwood complied with CMR 300.000 and was permitted for 2010
MONTHLY REPORT OF COMMUNICABLE DISEASES
JUNE 2010
DISEASE NEW CARRY OVER DISCHARGED REPORTED
CAMPYLOBACTER O O O 0 •
HEP C 2 0 2 2
H1N1 O O O 0
LYME O O O 0
SALMONELLA O O 0 0
PERTUSSIS 1 0 1 1
TUBERCULOSIS 1 O 0 1
VARICELLA 1 0 1 1
PERTUSSIS: 68 YEAR OLD RETIRED MALE. WIFE WAS PROPHYLAXED
WITH Z-PAK. PCP AND NURSE WHO SAW PATIENT NOTIFIED AND
PROPHYLAXIS WAS RECOMMENDED PER MDPH GUIDELINES.
•
1
• • ON JUNE 10, 20 10, A SALEM RESIDENT BROUGHT A WOODCHUCK
TO OUR DEPARTMENT. HE STATED HE HAD BEEN SCRATCHED WHEN
TRYING TO REMOVE THE WOODCHUCK FROM HIS DOG'S MOUTH. AN
EPIDEMIOLOGIST WAS NOTIFIED, AND THE ANIMAL WAS SUBMITTED
FOR TESTING TO THE STATE LAB. THE RESIDENT WAS INSTRUCTED TO
GO TO THE EMERGENCY ROOM FOR RABIES PROPHYLAXIS. THE
ANIMAL TESTED POSITIVE. ONE OTHER FAMILY MEMBER WHO WAS
EXPOSED WAS ALSO PROPHYLAXED.
• ON JUNE 1 1 , 2010, WE RECEIVED A CALL FROM AN EPIDEMIOLOGIST
AT THE MDPH. SHE HAD A POSITIVE RABIES TEST ON A RACCOON IN
MEDFIELD, AND A PERSON EXPOSED WAS FROM SALEM. SHE HAD
BEEN UNSUCCESSFUL CONTACTING HIM. I NOTIFIED THE RESIDENT
AND HE AND HIS DAUGHTER ARE RECEIVING RABIES SERIES.
I WILL BE ON VACATION FROM JUNE 1 1 TO JUNE 23.
THE PUBLIC HEALTH NURSE IN MARBLEHEAD HAS AGREED TO ASSIST DAVID
IN ANY INFECTIOUS DISEASE REPORTED.
•
Administration Monthly Report
May-10
Burial Permits @$25.00 $650.00
Permits $2,045.00
Certificate of Fitness@$50.00 $2,700.00
Copies $35.00
Fines= $100.00
Total Monies Collected = $5,530.00
.Animal Bites Reported= 0
771
Annual Budget Expended Available Balance
Salary/Longevity $356,823.00 $283,880.64 $72,942.36
Annual Budget
Non-Personnel $21,200.00 $11,327.65 $4,646.95
s i
CITY OF SALEM, MASSACHUSETTS
BOARD OF HEALTH
120 WASHINGTON STREET,4"`FLOOR
TEL. (978) 741-1800
PCMBERLEY DRISCOLL FAx(978) 745-0343
MAYOR I)GRI?I:,NBAUM(@SAI.,I;M.com
DAVID GRr,,ENBAUM
ACTING HI":Al,I1i Ac:�13N'r
June 21,2010
David Sweetser, Managing Member
High Rock Bridge Street, LLC
C/O High Rock Development, LLC
70 Walnut Street
Wellesley, MA 02481
Re: 60 Boston Street
Dear Mr. Sweetser.
• The Salem Board of Health requests your presence at the next Board of Health meeting for a
discussion regarding the attached letter dated June 4, 2010 from the Massachusetts Department of
Environmental Protection. The Board would like to discuss all issues and recommendations
addressed by the MA Department of Environmental Protection in the June 4t' letter. The meeting
will be held Tuesday, July 13, 2010 at City Hall Annex, 120 Washington Street 3rd floor conference
room @ 7:00p.m.
If you have any questions, contact me at 978-741-1800.
Fort e B ad alth
David re nb , Acti g Health Agent
cc: Dr. Barbara Poremba, Chairwoman of the Board of Health and Members
Attorney Joseph Correnti
•
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY& ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION •
NORTHEAST REGIONAL OFFICE
205B Lowell Street, Wilmington, MA 01887 • (978) 694-3200
DENTAL L.PATRICK IAN A-BOWLES
Governor Secretary
TIMOTHY P.NTMAY LAURIE BURT
Lieutenant Governor Commissioner
High Rock Bridge Street, LLC
c/o High Rock Development,LLC JUN O 4 `2010
70 Walnut Street
Wellesley,MA 02481
Attn: David Sweetser
Managing Member RE: 60 Boston Street
Salem,MA
RTNs 3-427 &3-16766
Dear Mr. Sweetser:
The purpose of this letter is to infoim you of the results of a focused screening level audit •
conducted by the Massachusetts Department of Environmental Protection(MassDEP)of the
Activity&Use Limitation(AUL) Opinion,Licensed Site Professional(LSP) Opinion, and
Additional Risk Assessment, submitted on behalf of High Rock Bridge Street,LLC and Osram
Sylvania Products,Inc. for the above-referenced site by Licensed Site Professional Frank Vetere
(LSP #2413)of GZA GeoEnvironmental,Inc. (GZA). These documents were provided to
MassDEP in December 2009 to support an Evaluation of Changes in Land Uses/Activities and/or
Site Conditions after a Response Action Outcome(RAO),pursuant to 310 CMR 40.1080. The
original Class A-3 RAO and supporting Method 3 Risk Characterization and AUL were prepared
by LSP Charles Lindberg (LSP##6891)of GZA and submitted to MassDEP on April 27, 1999.
Back rg ound
At the time the original RAO was prepared, construction of a one-story 13,600 square foot
building to house a pharmacy was planned,therefore, only facility workers in the proposed
building were evaluated with respect to the inhalation exposure pathway. The Risk
Characterization concluded that commercial/retail use of the site was permitted, specifically on
the east side of the site where the highest levels of trichloroethene(TCE) and vinyl chloride(VC)
were detected in groundwater, provided that a vapor barrier and passive sub-slab venting system
be-installed-during construction-to prevent.1he-migration of-volatile organiccompounds_(VOCs)-
from groundwater and soil gas into indoor air. The LSP Opinion and AUL recorded for the site
obligate the installation of a vapor barrier and passive sub-slab venting system in the planned
building, and prohibit"...use of the site as a residence, school, day care facility, nursery,
•
This Information Is assailable in alternate format.Call Donald bl.Gomes,ADA Coordinator at 617-556.1051.TDDN 866539-7622 or 617-574.6968.
http:/[%N,ww.mass.gov/dep•Fax(978)6943499
Za Printed on Recycled Paper
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playground,recreational area or similar use where a child is likely to be present on a regular
basis...". A number of other inconsistent activities and uses are also identified, as well as
obligations to maintain a condition of No Significant Risk at the site.
The need for the Additional Risk Assessment and LSP Opinion arose when plans were proposed
to redevelop the property by constructing a new 35,000+square foot multiuse building to.-house a
Community Life Center/Senior Center, facilities for children's programs run by the Parks,
Recreation and Community Services Department of the City of Salem,municipal and
professional office space, a Health Club,atrium, and accessory spaces. Therefore,the Additional
Risk Assessment was prepared to provide"...technical support to an LSP Opinion clarifying the
permitted usages at the Site."
Additional Risk Assessment and LSP Opinion
The risk assessment was expanded to evaluate inhalation exposures for facility workers(i.e.,
staff of the Senior Center and Health Club)inside the proposed buildings, and child users(age 2-
18 years old), since they were identified as the most sensitive populations based on current and
reasonably foreseeable activities and uses. Adult users,including seniors,were expected to have
"...no more frequent exposure than the staffs, and,therefore,were not identified as the most
sensitive receptors."
Child users.were assumed to use the buildings 4 hours per day, 5 days per week for 50 weeks per
year over a 16 year exposure period. The risk assessment states,"...(t)he exposure assumptions
used in the risk characterization are extremely conservative..."because "..: the children's
programs run by the Parks,Recreation,and Community Services Department are mostly weekly,
1-to 2-hour programs for school-aged children."Facility workers were assumed to work in the
buildings 8 hours a day, 5 days a week for 50 weeks per year(assuming 2 weeks vacation per
year)over a 15 year exposure period.
Three exposure points (EP)were identified in groundwater at wells GZ-E,B 102-OW, and B 105-
OW,based upon the detection of certain VOCs above their GW-2 standards and their locations
with respect to the footprint of the proposed
dbuildi building.
t Groundwater samples taken from well GZ-E in March and April 1996 exhibited the highest
- levels of TCE and VC and were used to evaluate the inhalation exposure risk for a child user.
(Page 3 of the report inaccurately states that this data was collected in March and April of 2006.)
Concentrations of 34,000 ug/L TCE and 3,900 ug/L VC were measured on March 28, 1996,
while the April 22, 1996 event reported 3,700 ug/L TCE and 1,300 ug/L VC. The risk
assessment used the temporal averages of 18,850 ug/L TCE and 2,600 ug/L VC as groundwater
EPCs in the Johnson&Ettinger(J&E)Model to predict EPCs in indoor air and quantify
inhalation exposure risks for a child. A Hazard Index (HI) of 0.2 and an Excess Lifetime Cancer
Risk(ELCR)of 1E-5 were calculated, which meet the allowable risk limits of the Massachusetts
Contingency Plan(MCP).
Inhalation exposure risks for facility workers were evaluated using groundwater data collected
on November 4, 1997 from wells B 102-OW(footprint of the proposed Senior Center Building),
•
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and B104-OW,B105-OW, and B106-OW(footprint of the proposed Health Club). The
maximum detected concentrations of contaminants in groundwater in each area were selected as
the groundwater EPCs and used to derive indoor air EPCs using the J&E Model. A total HI of
- — —03-and EL G--R of-1E-5-ver-e-for—derived--or-a-facility worked;below-MC-P-risk limits -- --- --- - ---
The Additional Risk Assessment concludes that,"(b)ased on the estimated risk results and the
fact that a vapor barrier is required to be installed beneath the proposed buildings(which vas not
incorporated into the risk characterization)....the COCs in site groundwater are not expected to
pose significant risks to potential human receptors by entering the buildings and impacting
indoor air via vapor intrusion." MassDEP would add that the AUL also requires installation of a
passive sub-slab venting system in addition to a vapor barrier during building construction to
eliminate the vapor migration pathway.
Findings &Recommendations
1) The John&Ettinger(J&E)Heuristic Model was used to predict exposure point
concentrations of VOCs in indoor air based upon concentrations measured in
groundwater at the site in 1996 and 1997. Given the limited and aged data set,MassDEP
strongly recommends additional groundwater investigation prior to construction to
determine if concentrations of VOCs,including TCE and VC and their degradation
products,have increased, decreased or remained stable. This would demonstrate a good
faith effort on the part of the developer in responding to public concerns,as well as
provide an added line of evidence to support the Risk Assessment.
2) MassDEP and its Office of Research and Standards(ORS)do not consider the six
volumetric air exchanges per hour to be a reasonable or conservative air exchange rate, as
used in the J&E Model to predict indoor air EPCs. The original 1999 Risk
Characterization assumed two volumetric air exchanges per hour,which is a more typical
and conservative value for commercial buildings.
3) The use of temporal averaging to drive EPCs in groundwater at GZ-E does not represent
as conservative an approach as was used at B 102-OW and B 105-OW,where the
maximum concentrations were used as EPCs. The-groundwater EPCs from GZ-E were
used to develop the indoor air EPCs to determine inhalation exposure risks for children,
potentially the most sensitive receptor population.
4) The EPC for vinyl chloride in groundwater at B 102-OW is reported as "not detected"in
Table B-5B compiled from the November 4, 1997 sampling event. As a result,no EPC
was calculated for vinyl chloride in indoor air and carried through the risk assessment for
a facility worker in the area of B 102-OW. However,the reported detection limit for
vinyl chloride in this sample was 250 ug/L. It is standard practice to use one-half the
defection limit, most particularly for carcinogenic and highly toxic chemicals. Therefore,
an EPC for VC in groundwater and indoor air should be developed and incorporated into
the risk calculations for the facility worker at B 102-OW.
5) Page 6 of the report states, "It should be noted that vinyl chloride was not identified as a
COC for the B 102-OW or B 105-OW exposure point. As the toxicity values are the same
for adults and-children and as the child- users-have less frequent exposure than facility
workers, risks were only evaluated for facility workers for B 102-OW and B 105-OW
exposure points. If a condition of No Significant Risk is shown to exist for facility
3
workers at B102-OW and B 105-OW exposure points, a condition of No Significant Risk
will also exist for child users at these two exposure points." MassDEP and ORS
recommend that the child's exposure risks be quantified for exposure points B 102-OW
- --- - ------and-BI05-OW,rather-than-r-el-yi-ng upon-the-qualitative-assumption-tha"-condition-of-No--------- _ - —
Significant Risk exists for a child in these areas.
6) Page 3 of the report states, "The LSP Opinion prohibits use of the Site as a residence or a
full-time day car center or children's school where children are present for a full school I
day for the entire school week(5 days per week, 6 hours per day)." The original AUL
recorded for the site also prohibits these uses,but it is not clear that these exposure
assumptions were carried through in the original 1999 risk characterization and require
clarification. Children should be assume
d pr
esent for at least 8 hou
rs per day, 5 days per
week in a school and/or daycare setting over an appropriately conservatively school year
exposure period.
Based upon the above comments,the"Additional Risk Assessment"should be revised to
incorporate more conservative assumptions in order to support a change in land use or activities
pursuant to 310 CMR 40.1080.
Lastly,it is MassDEP's understanding that both a vapor barrier and a passive sub-slab venting
system will be installed during the construction of any building at the site, and that prior to
occupancy, adequate sub-slab and indoor air sampling events will be conducted to confirm the
effectiveness of these systems in preventing vapor migration into the building. The AUL
recorded for the property must also be revised to reflect any changes to permitted and/or
prohibited activities and uses, and obligations to maintain a condition of No Significant Risk for
• future activities and uses.
Should you have any questions regarding this matter,please feel free to contact me or Nancy
Fitzpatrick at the letterhead address,or by telephone at 978.694.3364.
V ly yours,
Patricia M.Donahue
Chief,Audits Branch
Bureau of Waste Site Cleanup
Cc or ECopy:
Salem Board of Health
GZA GeoEnviromnental, Inc.,202 Kent Place,Newmarket,NH 03857 Attn:Frank Vetere, LSP
Forest River Conservation Area Coalition, 33 Pickman Road, Salem,MA 01970-4359
Data Entry: AUL/TSAUD
4
CITY OF SALEM, MASSACHUSETTS
BOARD OF HEALTH
• 120 WASHINGTON STREET,4"FLOOR
TEL. (978) 741-1800
KIMBERT,F,Y DRISCOLJ FAX(978) 745-0343
MAYOR DGREF?NBAUM@SAI.1iM.CQM
DAVID Gw-"jsNBAUM
Ac,rING Hf.4.Au T-I AGI'.NI'
June 29, 2010
Re: Exterior Paint Removal Variance
Erin Higgins
270 Lafayette Street
Salem, MA 01970
Dear Mss. Higgins:
The Salem Board of Health requests your presence at the next Board of Health meeting for a
discussion of the exterior paint removal variance for 270 Lafayette Street. The meeting will be held
Tuesday, July 13, 2010 at 7:00pm at City Hall Annex, 120 Washington Street 3rd floor conference
• room.
If you have any questions, contact me at 978-741-1800.
Sincerely,
For he Boa d alth
David Greenbaum, A g Health Agent
DG/HL
cc: Dr. Barbara Poremba, Chairperson of the Board of Health and Members
Sunrise Painting Co. 183 Beacon Hill Street Lynn, MA 01902
•
L
JUN-25-2010 FRI 10:40 AM NEW ENGLAND REHAB FAX N0, 9786463138 P. 02
•
June 25, 2010
Dear David Greenbaum, Acting Health Agent for the Board of Health;
This letter is to request permission to use an electric sander on the exterior
of
our house located at 270 Lafayette Street. The purpose of theg
is to
remove the paint located on the wooden shingles, decorative
i e the extent rakes
and gutters. A large majority of the house has vinylg
the sanding will be limited. We are in the process of repainting
the
r suits and d
feel that the use of an electric sander will provide us with
better longevity of the new application of paint.
X look to meeting with you on July 13'' to discuss this request,
•
Sincerely,
'*+hJ9
Erin Higgins
Owner of unit 2
270 Lafayette Street
Salem, MA
978-500-4405
•
l
. .
CITY OF SALEM, MASSACHUSETTS
BOARD OF HEALTH
• �s' 120 WASHINGTON STREET,4""FLOOR
TEL. (978) 741-1800
KIMBERLEY DRISCOLL FAx(978) 745-0343
MAYOR DGRi;ENBAUMCa),SALE,M.COM
DAVj1)GREENBAUM
ACTING HEALTi-r AC,FNT
June 29, 2010
Re: Needy Meds program
Rich Sagall, MD
President
Needy Meds
P.O. Box 219
Gloucester, MA 01931
Dear Dr. Sagall:
• The Salem Board of Health requests your presence at the next Board of Health meeting for a
discussion of the Needy Meds, drug discount card program. The meeting will be held Tuesday,
July 13, 2010 at 7:00pm at City Hall Annex, 120 Washington Street 3`d floor conference room.
If you have any questions, contact me at 978-741-1800.
Sincerely,
For
` he,B rka ,
ealth
avid Gre n � Acting Health Agent
DG/HL
cc: Dr. Barbara Poremba, Chairperson of the Board of Health and Members