TOWN OF
Phone# (508) 234-3272 Fax# (508) 234-0821
The Northbridge Board of Health approved these
minutes at a meeting held August 7, 2007.
This meeting was
called to order at 7:00 PM by Mr. Paul McKeon, Chairman. Other members present
were Mr. Steven Garabedian, and Mr. Scott Chase. Ms. Ann Marie Thompson and Mr.
Chris Cella were absent. Also present was Jeanne M. Gniadek, Administrative Assistant
and Mr.
Reorganization: The Board postponed re-organization due to
the full Board not being present this evening.
Minutes: A motion was made by Mr.
Garabedian to accept the minutes of June 19, 2007. Motion seconded by Mr. McKeon;
the vote was 2-0 in favor. Mr. Chase abstained.
Title
Title 5 –
Mr.
McKeon stated that the Board of Health does not want to take any responsibility
on the septic system at Wal-Mart. He said that the issue before the Board is
similar to that of a septic design that states “no garbage disposal” – Mr.
Hutnak wrote a letter to the architect stating that he did not authorize the
connection of floor drains to the septic system, and the floor drains were
connected anyway. Mr. McKeon stated that he did not think it was the job of the
Board of Health to supercede the design engineer and to say that the floor
drains are okay – he stated that he felt it was Mr. Hutnak’s call. Mr. Hutnak
stated that it was not his call.
Mr.
Loin presented the Board with a letter from Paul Parks Engineering stating that
the floor drains comply with the State Environmental Code (310 CMR 15) and the
Northbridge Board of Health regulations governing Floor Drains. The letter
further states that the floor drain discharge is safe for discharge through the
septic system. The letter is signed and stamped by Roy R. Payne, Jr., PE,
Mechanical Engineer.
Mr.
McKeon re-iterated that the Board of Health is not going to question the design
engineer who wrote a letter stating that the floor drains could not be
connected to the septic system. Mr. McKeon stated that it is not the Board’s
decision to accept or reject – this must be settled through the design
engineer. Mr. McKeon stated that you are asking the Board to approve something
that the design engineer stated he did not want in there.
Mr.
Loin stated that the actual septic design plans do not state on them that floor
drains cannot be connected to the system. Mr. Hutnak stated that his
Certificate of Compliance defers the matter to the architect for approval which
is basically covered under the project control. Mr. Hutnak further stated that
in all actuality he does not have the authority to say that you can or cannot
put floor drains in. Mr. Hutnak stated that at the point in time that he wrote
that letter he was made aware of it and was unsure what was going on and
basically until he knew otherwise, that was all he could say. He re-iterated
that he did not have the authority really to say it. That is why he defers to
the architect for his certificate of compliance.
Mr.
McKeon asked when the temporary occupancy permit expires. Ms. Drea stated that
it expires on August 14, 2007.
Mr.
Malley reviewed the letter and its reference to the Floor Drain regulations of
the Board of Health. He concurred with the findings contained within the Paul
Parks Engineering letter as they relate to whether floor drains are allowed.
However, this does not remove the concern raised by Mr. Hutnak’s letter stating
that as design engineer for the system, he did not authorize the connection of
the drains to the septic system. Mr. McKeon asked Mr. Hutnak what he thought.
Mr. Hutnak stated that he does not know enough about it and that is why he
deferred to the architect – it is inside the building.
Mr.
McKeon questioned whether the design engineer, Mr. Hutnak, approved of the
additional flow (approximately 212 gallons per day from the floor drains) into
the system. Mr. McKeon mentioned that this could be required to go before the
DEP if it exceeds 10,000 gallons per day.
Mr.
Loin stated that he went through Title 5 regulations and floor drains are not
addressed in them anywhere.
Another
issue remaining to be resolved is the second grease trap located at the trash
compactor pad. It has yet to be determined whether the additional flow can go
into the system as it is not shown on the original design plan or if it needs
to be capped to serve as a holding tank. Mr. McKeon stated that he did not have
a problem monitoring that for a while as it would be simple enough to cap it
off.
Mr.
McKeon stated that the matter would be discussed with Mr. Malley and that a
decision will be made at the next meeting which is scheduled for August 7,
2007.
Title
These
plans are being reviewed by Malley Engineering. The proposed system is a Presby
system requesting a 2-foot offset to groundwater. This is allowed by right and
does not require a vote of the Board. The system is proposed at 93-feet from
the well that services this property and would therefore require a local
upgrade. Title 5 requires 100-foot offset.
Northbridge
Board of Health regulations also dictate that no system shall be within
100-feet of a bordering vegetated wetland. Title 5 only requires 50-feet.
Motion made by Mr.
Chase to grant local upgrade for the system to be located 93-feet from the
private well and to allow for the construction of the system at greater than
50-feet but less than 100-feet from the wetlands pending approval of the plan
by Malley Engineering. Motion seconded by Mr. Garabedian; the vote was all in
favor.
Title
December 11, 2006: Complaint received alleging the conversion of a
detached garage into a rental unit and the addition of a bedroom and full bath
to the 2nd floor of the main dwelling.
Review of BOH & Building
Department & Assessors Office records reveals the following:
·
No information
available in BOH records with respect to the system
·
October 27, 1978
– Building Department Record – permit pulled to construct single family
dwelling
·
June 26, 1984 –
Building Department Record – permit pulled to add second story to existing
dwelling
·
September 11,
1984 – Building Department Record – permit pulled to construct a 24 x 24 garage
·
Assessors Field
Card – notes 2nd field card for barn converted to living area - on
8-5-96 owner of property refused entry to apt/barn & ordered lister off
property – on 2-14-02 office received verification that 2nd floor
was complete
January 19, 2007: BOH issues notice to property owner, Rosemary Walsh,
that we are in receipt of complaint – alleged additional flow into septic
system without BOH approval – requested that she contact the office within 30
days to address this matter.
February 13, 2007: BOH in receipt of response from Attorney John M.
Wozniak, representing Ms. Walsh (letter dated February 12, 2007) – provided BOH
with copy of “First Complaint and Jury Demand” (the “Demand”). “Demand” (page 2
– item #5): “Specifically, the Defendant contracted to install partitions to
add a bedroom,…”
February 22, 2007: BOH response to Wozniak Law Group that further
validates BOH concerns as the “Demand” notes the addition of a bedroom.
March 7, 2007: BOH office in receipt of complaint of eviction for
“creating unsafe conditions” from Kathy Bomba, occupant of
March 12, 2007: Housing inspection conducted of
May 4, 2007: Enforcement Order issued by BOH requiring that owner
contract with an engineering firm to initiate required septic system upgrade
within 90 days. Order issued based on “Demand” evidence of addition of
one-bedroom to main dwelling unit and housing inspection report which indicates
the renovation of the rear structure into a 2-bedroom dwelling. THERE ARE NO
DOCUMENTS THAT PROVIDE EVIDENCE THAT SYSTEM HAS BEEN UPGRADED TO ACCOMMODATE
THIS ADDITIONAL FLOW.
OTHER: Building Department Letter dated December 18, 2006 –
Due to the structure being in existence for 10 years – it is protected from
enforcement action regarding ZONING of multiple residential units. However, the
structure must comply with safety and health requirements.
The
June 19th hearing was once again re-scheduled at the request of
Attorney Wozniak to this date.
Attorney
Wozniak stated that the Board’s assertion that a bedroom was added to the
primary structure on this parcel was factually incorrect. This property has
been taxed as a 2 bedroom dwelling and it remains a 2-bedroom dwelling. The
primary structure was occupied by her and her son who is now deceased. He
stated that the bedroom was renovated and that a bathroom was added which does
not affect the septic system. Attorney Wozniak stated that with regard to the
apartment structure, that was constructed in 1984 and is grand-fathered and has
been taxed as a multiple use building. He further stated that because of the
grand-fathering of the structure it is a lawful structure and because of that
the structure and the septic system it is tied into are also grand-fathered in.
Attorney Wozniak stated that he could alleviate the concerns of this Board by
taking this one step further. He stated that it is atrocious what Ms. Walsh has
been through by an individual that she took action against for completing work
without a building permit in this town, yet the town is bringing her before
this Board as opposed to him. He stated that his client has dismantled the
rental unit – the plumbing is gone, the water is shut off, electricity has been
disconnected, the range has been removed – for all intents and purposes, it is
no longer a multiple family unit, it is now a garage. He further stated that
there is not one shred of evidence that this septic system has failed. He
continued to state that the structure built in 1984 and the septic system are
grand-fathered as you cannot have one without the other.
The
Board pointed out to Attorney Wozniak that the document his office sent to them
indicated that the contractor had been hired to add a sitting room, partitions
to add a bedroom, and add a bathroom.
Attorney
Wozniak maintained that the property was a 2-bedroom dwelling and that it
remains a 2-bedroom dwelling. Mr. Chase suggested that a site inspection of the
property and the dwellings could resolve this issue. Attorney Wozniak stated
that that would be acceptable as they will be seeking to have the property
re-classified for tax purposes.
Motion made by Mr.
Chase to request that the property be inspected by
Mumford Knights
of
Ms.
Gniadek provided the Board with state regulations governing service (mop) sinks
and hand-washing facilities. The regulations require that there be at least one
(1) hand-wash sink and that a 3-bay sink shall not be used for hand-washing –
the code further clarifies this by indicating that it is a violation of the
regulations to provide soap and paper towels at a 3-bay sink.
Mr.
McKeon noted that these requirements have been consistently enforced at each
food establishment in town by Ms. Gilchrist.
Mr.
Lessard stated that they do very little food prep and have only 3 food events
during the year. Mr. Garabedian stated that the kitchen is used by others
throughout the year and that it needs to be up to code for their use as well.
Mr.
Lessard stated that they are a non-profit agency and that financially and
physically it will be difficult to comply. Ms. Gniadek informed the Board that
Ms. Gilchrist has indicated to her that at the time of her inspection she
showed Mr. Lessard a location for the installation of the mop sink. Mr. Lessard
stated that there is no piping to that area.
The
Board provided Mr. Lessard with 60 days to submit a proposed plan layout for
the installation of a hand-wash and mop sink at this facility. He was asked to
return to the Board at their September meeting at which time the Board would
request that Ms. Gilchrist be in attendance.
Berkowitz
Trucking – Site Assignment Modification: The Board reviewed regulations governing the
Technical and Public Hearing Fees (Application Fee) associated with the site
assignment modification application. Ms. Gniadek provided the Board with this
information so that they would be aware of what costs could be covered by the
Application Fee and what costs are excluded. DEP regulations 310 CMR
16.30(4)(b) indicate that the board shall not spend or enter into obligations to
spend any or all of the Technical Fee without a scope of work. That scope of
work shall detail proposed contractor’s services and include cost estimates for
each service and describe whether the proposed service is for technical review
or technical assistance.
The
Board felt that without a detailed map of the site as previously requested and
without a report of Site Suitability from the DEP, the technical review would
be premature.
Mr.
McKeon stated that he is concerned over the inclusion of “processing” of waste
at the site. He also voiced questions over the public hearing process and the
qualifications of a public hearing officer.
For
Groundwater (GW) sampling the following Primary Contaminant Levels were
exceeded as follows:
1. Arsenic – MW-4 – 43 ug/l
(MCL = 10 ug/l)
2. Cadmium – MW-3 – 35 ug/l
(MCL = 5 ug/l)
3. Lead – MW-1 & MW-3 –
19 ug/l & 82 ug/l (MDL = 15 ug/l)
Iron,
Manganese and Sodium – Secondary Maximum Contaminants – were also detected.
Drinking
water monitoring was conducted on the private wells located at 1150 and
Landfill
gas probes detected methane in several probes. Additional probes were conducted
to “chase” the gas. The additional probes typically did not find any methane.
However, probes between the landfill and the home at 1201 Quaker could not
further conducted due to an electrical conduit in the area. This home already
has a methane gas alarm in the basement.
Ms.
Gniadek informed the Board that on June 15th she had received a phone
call from John Regan at the DEP. He was concerned about the possible migration
of methane gas from the landfill to the home at
The
next quarterly round of gas sampling is scheduled for September 2007.
Groundwater and Drinking water tests are next due in December of 2007.
Old & New Business: The Board reviewed an outdated list of Agents appointed to the
Board of Health. Standard procedure is to
appoint these individuals as agents as they are often called upon to serve in
that capacity – an example would be when the electrical or plumbing inspector’s
expertise is required in a housing inspection.
The list was updated to include all current members if the Board of
Health and their administrative assistant as well as health agents Terry
Gilchrist, James Malley, Ed Mansfield, and David Crocker. Also added to the
list of agents were Marilyn Baker (Recycling), Paul Monast (compost site),
Ms. Gniadek informed the
Board that ICS and NIMS Training Courses are
being organized for their benefit. She suggested that each Board member take
the ICS 100 and NIMS 700 course on-line and that a class room setting be
organized for the ICS 200.
Ms. Gniadek informed the
Board that Massachusetts Electric Company,
located at
Citizen’s Forum: None.
Correspondence:
Correspondence dispersed to the Board included:
1.
DEP – Public
Outreach Sessions – Title 5
2.
Berkowitz Wood
Chipping Notice – Month of July
There being no further business, motion to
adjourn by Mr. Chase, seconded by Mr. Garabedian – all in favor.
Meeting was adjourned at 8:45 PM.
Attested by,
Jeanne M. Gniadek, Administrative
Assistant