Jul 12, 2020

North Adams Board of Health Meeting

May 16, 2018
Meetings & Notices

City of North Adams
Board of Health
Wednesday, May 16, 2018
Conference Room #202


• Approval of Minutes (March 21, 2018)
• Public Hearing: 65 Hall Street - Lance S. Chavin, Esq.
• Mass Moca: Request for Variance for a Special Purpose Pool – Larry Smallwood, Brad Dilger, Dave Westall
• Reports


John Meaney

May 16, 2018

Members Present: Kevin Lamb and October Cellana
Absent: John Meaney, Melissa Martin, William Meranti

Others Present: Director Moore, Mark Bushee, Larry Smallwood, Brad Dilger and Louis Matney

Member Lamb made a motion to accept and waive the reading of the minutes of the previous meeting, second by October Cellana. Unanimous vote.

Director Moore reported that the attorney representing 65 Hall Street had called and withdrew from attending this meeting.

Mass Moca (Request for Variance for a Special Purpose Pool)

Larry Smallwood presented information regarding an art exhibit (A Cold Hole) artist Taryn Simon. Mass Moca is requesting a waiver to 435.13 Walkways and Decks, and asks the board to accept a substitute non-slip solution for the special purpose pool they are installing in Building 4 as part of an exhibit on Memorial Day weekend. The purpose of the exhibit is to stimulate the experience of an artic plunge most often taken through lake ice in the wintertime. They present documentation from their insurance company, images of the pool (5’ x 5’ x 9’ deep) and viewing area. There is no pool deck around the pool, the area around will be treated to be non-slip with 3oz of sand per square foot mixed in. They are testing Friday with the Fire Department for any rescues that may occur. Every person that will participate will wear non-slip foot wear protection at all times. This is a water park solution that you stick on your foot. Several tests have been run regarding this. Mr. Smallwood proceeds with intending to take the following actions: (1) To shape and sand the ice surface surrounding the pool to create significant abrasion in the 4” required perimeter, (2) Provide non-slip foot wear to every participant, (3) Once the installation is complete, take periodic measurements of the actual condition on site with tribometer and maintain a log. They have reached out to local engineering firms for additional help with measurements and solutions as needed. This is a different and interesting exhibition that happens frequently. This exhibit will be available 7 days a week, Mon-Fri (staff) & Weekends (open to public). They will interview participants and provide a waiver. EMT’s will also be in attendance on the weekend for the public. There is an operational manual. Mass Moca does not to have an accident either. Member Lamb stated that they already had EMTs approval. Next week they will perform rehearsals and dry runs to iron out the operations procedure. Member Cellana inquired about the in between time from 3 – 6 participants and how that affects the surface. Mr. Smallwood replied they had not tested that yet. They think they want half hour between participants, but will be tested (displacement test) next week. They are using the salt chlorination system because of the refreezing. They have had several meetings with EMTs over the past several months. Slip and fall is not a big concern but we are working on it. Member Lamb made a motion to approve the variance pending review from the state, second by member Cellana. Unanimous vote.


Director Moore informed the board that Mr. Matney was present to discuss 505 West Main Street. He asked the board for a continuance because his attorney could no longer handle the case. Mr. Matney has removed the trash but the estate is in legal messes with the mortgage company. Director asked the board to condemn because of the state of the property and turn over the property to the Attorney General for receivership. The receiver takes possession of the building to bring up to code and sellable. Mr. Matney replies there are several issues with the title. Director Moore replied that is what the Attorney General will research. Again, Mr. Matney asked for an extension, he does not know all the details that’s why he had an attorney. Director Moore asks Mr. Matney what his intentions were of the property. Mr. Matney stated that it was his family residence since 1940 and would like to keep it. Director Moore asked if he would fix it up. Mr. Matney replied yes. The lawyer was supposed to be going through the insurance company to make claims. It will be 2-3 weeks before Mr. Matney gets the file from the lawyer to see what she actually did. Mr. Matney has been inside cleaning up the property. Director Moore informed the board that the “order of condemnation” also informs the neighbors of any activity especially at night. Mr. Matney stated that he is in contact with the neighbors. Director Moore asked about any police reports. Mr. Matney knows of the one for Easter. Director Moore comments it’s a danger to the neighbor and should be reviewed. Mr. Matney said the condemnation isn’t a concern but not to ask the Attorney general for a receiver. Mr. Matney is concerned with changing the owner. Director Moore stated no. Mr. Matney apologize for the trash on site. Director Moore inquired about mowing. Mr. Matney said he would get over this weekend to take care of it. Member Lamb confirms that we will continue with the condemnation but will hold off from the receivership program and will review at our next meeting. Member Lamb makes a motion for the official condemnation of 505 West Main Street, second by member Cellana. Unanimous vote.

Member Lamb makes a motion for the official condemnation of 64 Dover Street, second by member Cellana. Unanimous vote.

The next meeting will be June 20, 2018.

Meeting adjourned at 4:55pm.

Respectfully Submitted,

Melissa J. Martin


Cc Mayor Thomas Bernard