TOWN OF NORTHBRIDGE

BOARD OF HEALTH

7 Main Street

Whitinsville, MA  01588

Phone# (508) 234-3272   Fax# (508) 234-0821

 

The Northbridge Board of Health approved these minutes at a meeting held August 13, 2007.

 

MEETING MINUTES ~ 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, Mr. Scott Chase, Ms. Ann Marie Thompson and Mr. Chris Cella. Also present was Jeanne M. Gniadek, Administrative Assistant and Mr. James F. Malley, Jr., PE, Agent of the Board of Health on Title 5 matters.

 

Reorganization: The Board opened up nominations for Chair. Motion made by Mr. Chase to nominate Mr. McKeon for Chair; nomination seconded by Mr. Cella and Mr. Garabedian. There being no other nominations for Chair, the vote on the nomination for Mr. McKeon to serve as Chair was unanimous.

 

Mr. McKeon opened nominations for Vice-Chair. Mr. Chase nominated Ms. Thompson; nomination seconded by Mr. Garabedian. Ms. Thompson nominated Mr. Cella for Vice-Chair; nomination seconded by Mr. McKeon. There were no other nominations. Ms. Thompson asked that her nomination be withdrawn – she thanked the Board for their consideration of her for the position. The vote on the nomination of Mr. Cella to serve as Vice-Chair was unanimous.

 

Minutes: A motion was made by Mr. Chase to accept the minutes of July 17, 2007. Motion seconded by Mr. Garabedian; the vote was 3-0 in favor. Mr. Cella and Ms. Thompson abstained due to absence from that meeting.

 

Title 5 – Wal-Mart Supercenter: Present for this meeting were Paul Hutnak, PE and Mark Anderson of Heritage Design Group, Mike Loin of Bertin Engineering, and Kathleen Drea of Barry Porter and Associates.

 

A letter from Paul Hutnak, PE, of Heritage Design Group, was distributed to the Board members. The letter addresses the water usage and the 10,000 gpd threshold. It states that the additional flow from the condensate entering the floor drains added into the approved system design flow of 9,871 gpd would exceed the 10,000 gpd threshold at 10,166 gpd. Mr. Hutnak then subtracts the janitor’s tank (holding tank) flow which he estimated at 2,400 gallons every two weeks or 170 gpd which now brings the total gpd down to 9,996 – below the 10,000 gpd threshold that requires DEP approval. The letter also notes that per the Whitinsville Water Company, the water records show that the facility is using approximately 4,000 gpd. The letter concludes by deferring the floor drains to Paul C. Parks Engineering.

 

Mr. McKeon stated that he was not very concerned with whether the facility was slightly over the 10,000 gpd threshold. His major concern is that he does not want the Board of Health to sign off on a septic system when the design engineer copied this Board on a letter to the architects stating that they did not authorize or condone the connection of floor drains to the septic system. Mr. McKeon stated that your company (Heritage Design Group) does not want to sign off because you have no control over what enters those floor drains so we are in a catch-22. Mr. McKeon stated that if the architect had stuck by Mr. Hutnak’s letter, we would not be in this position. He stated that somehow this situation has to be remedied.

 

Mr. McKeon stated that we do not have control over what enters those floor drains either and that we as a Board of Health should not go out on a limb and state that this is acceptable to us without it being accepted by the design engineer.

 

Mr. Loin stated that the Board of Health has in its possession a letter from the mechanical engineer at Paul Parks Engineering that states the floor drains meet all local and state regulations. He felt that the letter covers that issue.

 

Mr. McKeon asked for Mr. Malley’s opinion. Mr. Malley stated that at a previous meeting the Board reviewed the floor drain regulations and he believes that it was concluded that the floor drains are an allowable use for what is being done at this facility. He states it comes down to the letter from Paul Hutnak of Heritage Design Group which stated that no floor drains are to be connected to the septic system. He questioned whether deferring the floor drains to Paul Parks Engineering was a viable solution – can the septic system design engineer defer to the architects mechanical engineer – is this legal?

 

Mr. Loin stated that under Project Control under the State Building Code, Paul Parks Engineering is the legal entity for signing off under the approval process.

 

Mr. Anderson stated that we can all come to the realization that we have a system that is designed to capacity for that project. We have proven now through probably one of their highest uses, the grand opening, that they are using one-third of the water that the system is designed for – 3500 to 4000 gpd. Mr. McKeon stated that he does not have a problem with that. Mr. Anderson stated that they don’t have a problem with the flows here at all. The only issue we have is that we are simply stating that inside the building we do not have control over. Title 5 says that the design engineer is responsible 10-feet outside the building and that it be designed according to Title 5 – and that’s what we’ve done. Mr. Anderson stated that his issue with this whole thing is very simple as what needs to happen here is a letter of responsibility from Wal-Mart – they are responsible for what goes into those floor drains. All we’re saying is we are responsible for our design flows, the design of the system, the pumps, and the capacity of the system – that’s what we do as design engineers.

 

Mr. Loin stated that there was a letter from Wal-Mart regarding this – it was one of the first letters that came out and it addressed the floor drains. (This letter was not located within the Wal-Mart septic system file.) Mr. Loin stated that it may have been an internal letter that never made it to the Board of Health office. He stated that through the Planning Board process all those procedures regarding chemical storage and cleaning of the facility have been addressed and are on record with the Planning Board.

 

The Board was in agreement that if Wal-Mart submits a letter, then they will be satisfied. A brief discussion took place as to what should be contained in this letter. The letter should indicate that they are responsible for what goes down the floor drains and its impact on the septic system and their responsibility for the septic system in that regard absolving the design engineer and the Board of Health from any responsibility for the system.

 

As the temporary occupancy for the Wal-Mart expires on August 14, 2007, the Board of Health will hold a special meeting on Monday, August 13, 2007 at 6:30 PM to review any additional documentation regarding this septic system provided that the additional documentation is received in the Board of Health office by Thursday, August 9th.

 

Title 5 – 348 Goldthwaite Road: Sewage disposal plans for the repair of the septic at this location prepared by Seth Lajoie, RS, requires a local upgrade to allow the leach field 12-feet from the cellar wall (Title 5 requires a 20-foot setback).

 

Motion made by Mr. Chase to grant local upgrade for the system provided that a 40ml poly barrier is installed between the cellar wall and the leach field. Motion seconded by Ms. Thompson; the vote was all in favor.

 

Mr. Malley informed Ms. Gniadek that the poly barrier could be shown on the as-built plan and that a new plan was not necessary prior to installation.

 

Title 5  - 34 Fairlawn Street – Inspection Report: Mr. Malley informed the Board that he had reviewed the Title 5 inspection report submitted by Paramaz Baghdasarian for property located at 34 Fairlawn Street. Mr. Malley stated that the report indicated a depth to groundwater (GW) of greater than 8-feet with a notation that the 30-inch GW determination for property at 20 Fairlawn was likely due to a perched water table. Mr. Malley and Mr. McKeon explained the concept behind perched water tables. Mr. Malley further noted that due to the types of soils detected at 20 Fairlawn, he did not agree that it was due to a perched water table. Mr. Malley prepared a draft letter to be sent to Mr. Baghdasarian and the owner (per report the owner is c/o Jack Walker Realty) advising him to reconsider his GW determination for this property. Mr. Malley informed the Board that there isn’t much that the Board can do but at least the letter will be on file for this property should there be a problem with the system in the future.

 

Ms. Thompson motioned that the letter as drafted be sent to Mr. Baghdasarian and to Jack Walker Realty. Motion seconded by Mr. Chase; the vote was all in favor.

 

Title 5 – 48 Prescott Road: The Board reviewed an email from James Sheehan, Inspector of Buildings for the Town of Northbridge, regarding his recent site inspection of this property.

 

Mr. Sheehan confirmed that the apartment above the garage has been vacated and that the power was shut off at the street. Also, the kitchen sink has been removed and the stove and refrigerator are going to be moved to storage in the garage. The water supply to the apartment was disconnected at the main house. Additionally, Mr. Sheehan noted that the main house consisted of one bedroom and a den downstairs and one bedroom upstairs.

 

Based on this information, Ms. Thompson motioned that the Board rescind the Enforcement Order for the upgrade of the septic system and inform the property owner that the apartment unit cannot be made habitable without proper permits and an upgrade to the sewage disposal system. Motion seconded by Mr. Chase. Discussion: Mr. Chase thought it might be best for the Building Inspector to return to the property in 6 months to ensure that the apartment unit remains vacant. Other Board members disagreed and felt that the owner cold be trusted in that regard. The vote on the motion was all in favor.

 

Food Service – Northbridge Youth Soccer Association: Ms. Gniadek informed the Board that the Northbridge Youth Soccer Association intends on holding a kick-off festival on August 25th where food will be provided free of charge to parents and players. Ms. Gniadek asked the Board if they felt a one-day food permit would be required where there is no charge for the food.

 

Mr. McKeon stated that he felt a food permit would be required but that the Board could waive the permit fee if the group is a non-profit. Ms. Thompson stated that she believes they are a non-profit entity. The Board agreed that the office should have on record who is holding what event and what types of foods are being offered, therefore a food permit will be required for this event.

 

Food Service – Concession Stand Use: Ms. Gniadek informed the Board that the concession stands at Vail Field and the Legion Field are not up to code and that previously the Board agreed that the baseball & softball leagues could use them this season but that they would need to be brought up to code before any other food permits would be issued. Parks and Recreation Committee has indicated that their may be a fall softball league and that they will be asking for use of these concession stands.

 

The Board agreed that the concession stands could be used this year but that in Spring of 2008 no food permits will be issued until the concession stands are brought up to code.

 

Beaver Permit Application- 1167 Main Street: The Board reviewed an application from Walter Vail of 1167 Main Street for a 10-day emergency beaver permit.

 

Mr. McKeon stated that he viewed the property over the weekend. According to records in the Board of Health office, the septic system is located to the east of the building and the well is located below the house. The water that is encroaching upon this property is not affecting either of those.

 

Mr. McKeon stated that the issuance of an emergency permit allows the property owner to take immediate action to protect the public health. He stated that he was unable to determine that a public health threat exists and suggested that the owner pursue addressing this complaint by other means. By not issuing the emergency permit it does not prohibit the owner from seeking other means of addressing the beavers at this location.

 

Motion by Mr. Cella to deny the application for an Emergency Permit as the Board of Health does not believe that a public health threat exists at this location and to provide owner with information on following established procedures for addressing beavers including a listing of Problem Animal Control Agents and consent forms which shall be required if it becomes necessary to enter another person’s property to address the complaint. Motion seconded by Mr. Chase; the vote was all in favor.

 

Planning Board – Woodside @ Northbridge – Definitive Subdivision: The Board reviewed the report of Malley Engineering for this subdivision located off Hill Street.

 

Motion made by Mr. McKeon to forward report to Planning Board for their consideration. Motion seconded by Mr. Chase; the vote was all in favor.

 

Correspondence: Correspondence dispersed to the Board included:

1.      Whitinsville Water Company – Cross Connection Surveys

2.      Berkowitz Wood Chipping Notice – Month of August

 

 

 

There being no further business, motion to adjourn by Mr. Chase, seconded by Mr. Garabedian – all in favor.

 Meeting was adjourned at 8:10 PM.

 

Attested by,

 

 

Jeanne M. Gniadek, Administrative Assistant