Pepperell Board of Health

December 23, 2008 Meeting Minutes



Call to order:               The meeting was called to order at 7:00 p.m.

Members Present:         Scott Butcher Chairman, Virginia Malouin, John Marriner

Members Absent:                                                                                                                                                              

Staff Present:                Robert Lambert Health Inspector, Sandra Grogan, Board Secretary,

 Kevin Ritchie Title 5 Engineer

Guests Present:             Don Erickson, the Lowell Sun, John Visniewski, P.E., Cornerstone Consultants, Inc., John Bowen

Minutes to be approved:    December 2, 2008 minutes need correcting

Topic of Discussion

Relevant Discussion

Action taken

Vote taken


Appointment 7:15pm

Ken Gikas, Program Consultant Mass. Region II.




·          Mr. Gikas explained by being part of the Mutual Aid Agreement, this would entitle the Town of Pepperell mutual aid assistance in cases of emergencies, disasters, from other surrounding Board of Health towns that are part of this inter-municipal agreement. As being part of this agreement this does not obligate the BOH in Pepperell, to respond to other towns in the mutual aid agreement. This is an availability basis only. There is no financial cost to the town.




Mr. Marriner made a motion to have the Board of Health become part of the Mutual Aid Agreement.


Mrs. Malouin seconded the motion.





A vote was taken. All were in favor.



Mr. Butcher, Chairperson, signed the Mutual Aid Agreement.


Appointment : 7:30pm

31 Bemis Rd Septic System Variance

Request by

Mr. John Visniewski P.E. Cornerstone Consultants, Inc.


















31 Bemis Rd. Septic System variance


  • Mr. Visniewski appeared before the Board to request septic variance for 31 Bemis Rd as follows:
    1. Due to groundwater interference a percolation test could not be conducted on site, hence the use of a particle size analysis is proposed.
    2. Due to the high groundwater at the site, a 2-foot reduction in the groundwater offset is requested. The applicant proposes the use of a Presby Enviro-Septic system which allows for the reduction; however the final approval must be issued by MA DEP.
    3. The use of the particle size analysis with the soil textural class on this site requires that the system be pressure dosed. The use of the Presby Enviro-Septic system does not allow for pressure dosing, hence a variance is requested to allow the design of the system without the use of pressure dosing.





    1. A variance to the local regulations requesting that the design low be based on 110 gallons per day per bedroom rather than Pepperell’s 150 gallons per

       day is requested.


Mr. Visniewski informed the Board the abutters of this property is Pepperell Conservation which he had informed.


Mr. Marriner made a motion to accept the variance request for 31 Bemis Rd.


Mrs. Malouin seconded the motion.








A vote was taken. All were in favor




















Mr. Butcher wants the l letter to contain the Presby System would be recorded in the property deed along with regular maintenance of the Presby System.

Old Business:

14 Prospect St.


·         The Board has received a letter from Wiring Inspector Mr. John Dee, who said an electrical permit did not need to be taken out.

·         Mrs. Malouin would like to have an inspection performed to make sure the violation has been corrected. Mrs. Malouin called the Division of State of Electrical Permit Department and she was told a permit does need to be taken out and a final inspection has to be done, this is not open for discussion. She suggested having the homeowner pull the permit.

·         Mr. Butcher said there are a couple of issues that have to be addressed. First: whether by law does a permit need to be issued? Perhaps Town Counsel can give clarification. Second: a possible illegal apartment and who is paying for the electricity that is apartment generates?

·         It is the Board’s position that a permit is required under the State Housing Code. The wiring Inspector says no permit is needed.

·         Mr. Bowen was the tenant of the apartment when all these issues started to become apparent as far back as

       Feb. 26, 2008. Mr. Bowen explained to Board members, all

       the issues. He had tried to have the previous Board settle the

       cross wiring issue which the landlord is still in violation of.

              He said he would be more than willing to sit and discuss

              with any member these issues and answer

       any question they may have.

·         Mrs. Malouin feels the Board does have some urgency as the house is going on auction January 2, 2009.

·         Mr. Butcher would like to get in touch with Town Counsel and bring this unfortunate situation to a close.






Old Business:

Part Time Food Inspector


Mr. Marriner would like to table this discussion until the next meeting.





Old Business:

Medicare B



·         The Medicare reimbursement claims forms have to be mailed out on a quarterly basis. The question arose of who is responsible for preparing and billing the claims. Out sourcing the billing procedure was brought up at a previous meeting.

·         Mrs. Malouin said the paper work still has to be prepared by our staff, why not have them complete the process. She would like to have Town Counsel look at outside sourcing as this may involve having a third party having private information. This may involve violating the HIPAA law.

·         Mr. Marriner said he spoke to another department member who may be of some assistance to help train the staff to learn the process of preparing and billing the claims.

·         Mr. Butcher recommends that trying to make this procedure work internally is the best solution.




Licenses/Permits/Bill Warrants

·         Donelan’s Supermarket, Pepperell Spa, Tea Café Independent Living Facility, Schwan’s Home Service, Pepperell House of Pizza Food permits. Anthony Buxton, Peter Antosh, Albert Patenaude, Peter  DeCarolis, Lewis Lunn, Thomas Perivolotis, David Smith, Blue Water, George Clark, Paul Joyce, David Walsh, Disposal Installers permits. Robert Ratta, Ernest Sweet Septage Hauler permits. Tully Recycling, E. L. Harvey & Sons Rubbish Hauler.

·         On the Bill warrant the Nurse prepared Mrs. Malouin asked why the B.O.H. is paying $35.00 per month, when she only used 16 minutes for the month.

·         Mr. Butcher asked why she needs a cell phone. Mrs. Malouin said the previous Board wanted the Nurse to have a cell phone for safety reasons.

·         Mr. Butcher would like to have the Nurse write a letter explaining why she needs a cell phone.

·         The Board will go over the FY 2010 at the next meeting.

Board signed warrants and licenses.



Mr. Marriner made a motion to adjourn the meeting and Mrs. Malouin seconded. All were in favor.

The meeting was adjourned for open session at 10:05pm

Next Meeting: January 06, 2008

Respectfully submitted by:   Sandra Grogan


_____________________________       _________________________       __________________________

  Scott Butcher, Chairman                      Virginia Malouin                            John Marriner