Pepperell Board of Health

March 17, 2009 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

Guests Present: Don Erickson, Nashoba Publishing, Keith Babin, Ruth Lyons,


Minutes to be approved:†† A motion was made to accept February 24, and March 3, 2009 minutes. A motion was made by Mr. Marriner, and Mr. Butcher seconded the motion. Mr. Butcher and Mr. Marriner were in favor of accepting the minutes. Mrs. Malouin was opposed.

Topic of Discussion

Relevant Discussion

Action taken

Vote taken


Old Business:


216 South Rd.


         Mr. Butcher explained that a letter of non-compliance has gone out to Mr. Blood, owner of the property stating he has 45 days to begin the process of repairing the failed septic system.

         Mr. Blood appeared before the Board. He explained that the house was to be bought by his former wife and this is why he had a title 5 inspection. The house was never sold, and he has no problem with the septic system. He said if a title 5 was never done in the first place he wouldnít have to repair the system. He spoke to an installer who is ready to start working.

         Mr. Butcher explained once you start a real estate transaction septic systems have to be inspected. The Board of Health has an inspection report dated back to 2006, by a certified inspector who said the system is in failure. The clock starts ticking time wise, to get system repaired or replaced. We only want to see progress, and movement in the right direction to get the system repaired. If youíre on your way to doing that we are satisfied. Mr. Marriner agreed.

         The Board thanked Mr. Blood for coming in.









Business:† A

Temporary Food Establishments






























Business: B

Permit Applications




Business: C

Nomination of Inspector of Animals











         Mr. Butcher explained there are some concerns about temporary food establishments that are non-profit organizations in town.

         Mrs. Malouin explained the letter being issued to temporary food establishments contains some discrepancies. The letter states there needs to be a certified food inspector present while cooking and handling food. Regulations seem to be non-existent in our office stating this. According to 105 CMR 590.003, it exempts temporary food establishments operated by non-profit organizations such as, but not limited to school sporting events, firemenís picnics, grange and church suppers, and fairs from having certified† food protection manager on board. I went through the files the best I could. Mrs. Grogan spent a lot of time looking through files. Regulations seem to be non-existent and to me if you canít put your hand on the regulation you canít enforce it. We should follow the State Food regulations.

         Mr. Butcher agreed and thought perhaps the prior Health Agent may have developed the standard letter that goes out to temporary food establishments. Mr. Butcher said to check with the Town Clerk to see if anything is on file with reference to this letter. If nothing is on file then the regulation does not exist.

         Mrs. Malouin inspected establishments that plan suppers. She inspected the Grange Hall and found it very clean. The United Methodist Church does have someone who is servsafe qualified. I feel that the permit being requested would be the same as St. Josephís Church or any other Church. I would like to see the Grange Hall go forward with the last Saturday suppers each month.

         Mr. Butcher asked Mr. Marriner if he had any concerns.

         Mr. Marriner does not.

         Mrs. Malouin thinks itís a little premature to sign the permits for Dr. Davis and RTJ Concession. No one has inspected Dr. Davis yet, and Mrs. Malouin would like to make sure all the documentation is in order.

         Mr. Marriner wanted to know about the Hot Dog Stand at Wilkins Farm Stand. Mrs. Malouin inspected Sandyís Lunchbox today.

         Mrs. Malouin said she will not be available much longer to inspect food establishments. She explained if someone isnít hired fairly soon, then the State may have to come do inspections.









         Mrs. Malouin would like to make a motion to make the United Methodist Church a full year permit ending December 31, 2009 and the Grange as a temporary food permit.






         This is from the Commonwealth of Mass., Dept., of Agriculture. They are asking us to re-appoint Robin Hebert as Animal Inspector. The appointment runs May 1, 2009 until April 30, 2010.

         Mrs. Malouin said we are very fortunate to have Robin Hebert. She does a very good job.



































Mr. Butcher made a motion

to allow the Grange to continue.

Mr. Marriner seconded the motion.

















Mr. Marriner seconded the motion.







Mrs. Malouin made the motion that the Board nominate Robin Hebert as Inspector of Animals from May 1, 2009 to April 30, 2010.

Mr. Marriner seconded the motion.



































A vote was taken. All were in favor.




















A vote was taken. All were in favor







A vote was taken. All were in favor



Business: D

Resume Applications





Other Item:



         Mr. Butcher spoke about the applications on hand for the †††temporary part-time food inspector.

††††Mrs. Malouin thinks the job market is opening up. Amesbury just let the health agent go and the P.H.N.

††††††††††††††† Mr. Marriner wanted to know the reason behind this.

         Mr. Butcher said from what he read they want to outsource their services to save money, due to the fiscal crisis cities and towns are facing.

         The Board can review the resumes so by the next meeting, we will be in a position to narrow it down.

         Mr. Butcher spoke about an installer who did work without a permit, so they did not sign the permit.

The Board wants to make sure that all documentation is in place so residents can get services that they paid for.















Mr. Marriner made a motion that the Board issue the permit and then they have to go back to retest.

Mrs. Malouin seconded.














A vote was taken.

All were in favor.

Bill Warrant







Other Items:

Landfill Monitoring


















Other Items:









Other Items:










         Permits signed. Jaron Slattery DSI permit, Rick Frenette, DSI permit. A resident asked if a system is in failure, does the BOH have to notify the abutters? Mr. Butcher is sending out a reply letter to his question.







Update of landfill monitoring. BOH received a letter from the DEP, will reduce the frequency of testing and reporting that has to be done. This will reduce the scope of services. This will be lower cost to the town.


   ††††Mr. Marriner was inquiring about the Rabies banner and†††††††††††††††††††††††††††††††††††††††††††††† Hazardous Waste banner. Mr. Marriner spoke with George Ux and said that the town is very fortunate to have George Ux. He puts forth so much time and effort to share with other organizations. He helped the Boy Scouts with one project. He came up with a 55 gallon emergency barrel .Mr. Marriner would like to copy the emergency barrel that Mr. Ux has in his emergency plan book and distribute it around town.

         Mr. Butcher said we can get in touch with the web-master and have him put it on our web-site.

We will contact Mr. Ux to get his approval on this.


         Mrs. Malouin asked about the Medicare billing. She is concerned about the cut off date. Moving the date a week back will be a guarantee that the oldest Medicare forms are mailed in before April 1, 2009.

         Mr. Butcher has been signing the Medicare forms as they

are being filled out by Mrs. Castellano. He explained some have been sent back as being incomplete but once they are fixed he signs and they go out. He said Mrs. Castellano knows she has a task at hand and she is sure to complete it before the deadline date.


      Mrs. Malouin asked if the Board wanted to make a reply to the ZBA regarding Scotch Pine Farm, porta-potties.

         Mr. Butcher has been calling DEP on this subject. One rumor he read is State law has changed regulations with porta-potties.

         Mrs. Malouin asked if porta-potties are allowed or not allowed.

         Mr. Butcher said changes may affect the BOH having any say about the porta-potties. His real concern is the designed septic system, the amount of water used to prepare for caterering parties, plus additional 150 people when an event is held adds up to a lot of water going into the leach field.



Mr. Butcher wants clarification from the DEP.


         Mrs. Malouin asked about the agenda being put on the web-site.


         Mr. Butcher said because of sometimes making changes on the day of the meeting, it is not feasible to have the agenda done days before.


         Mr. Marriner said May 5, 2009 would probably be the second night of the Town Meeting so the BOH will only have one meeting scheduled in month of May.


         Mrs. Grogan presented before the Board a tick poster. She explained a local resident came into office wanting to know if the BOH could fund money for posters to be made up. There is a group of residents that would hang the posters around town in order to make the public aware of the seriousness of Lyme disease


         Mr. Butcher likes the idea, but funding is the problem at the moment. The Board will look at the budget later in the year.


         Mr. Marriner suggested Nashoba Technical High School may want to do this as a community project.


One bill warrant signed. One bill warrant is returned due to no total on warrant.

One permit tabled until they Board gets more information.




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

Meeting was adjourned at 8:40pm

Next Meeting: †April 7, 2009

Respectfully submitted by:†† Sandra Grogan


_____________________________††† †††_________________________ ††††††__________________________

† Scott Butcher, Chairperson††††† ††††††††††† Virginia Malouin††††††††††† ††††††††††† †† †John Marriner