Pepperell Board of Health

July 7, 2009 Meeting Minutes



Call to order:†††††††††††††† The Pepperell Board of Health was called to order at 7:00 PM by

††††††††††††††††††††††††††††††††††† Mr. Lambert

Members Present:†††††††† Robert Lambert Chairperson, John Marriner, Alfred Buckley

Members Absent:†††††† †††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††

Staff Present:††††††††††††† Sandra Grogan, Board Secretary,

Guests Present: Don Eriksson, Free Press, Jim Garreffi, Nashoba Boards of Health,

††††††††††††††††††††††††††††††††††† Jaron Slattery, Jayron Realty, David Petropulos, Jayron Realty

Minutes to be approved:††

†††††††† †††††††††††††††††††††††††††††††

Topic of Discussion

Relevant Discussion

Action taken

Vote taken



Scheduled Appointment:† 7:10


Jaron Slattery & David Petropulus

Jayron Realty

40B Project at Emerson Village

196 Nashua Rd.





         Mr. Petropulos introduced himself and Jaron Slattery. They are doing the 40B project at Emerson Village on Nashua Rd. He passed out material to the Board. The first item he would like to talk about is the approval from the predecessor Board, with regards to the Nitrogen Aggregation Plan. The Board at that time had put a deed restriction on the two and three bedrooms to be sold. I have included language thatís going to be included in every deed whether itís a two or three bedroom home. We hope you will be in agreement that will satisfy the requirement from the predecessor board.

         Mr. Marriner asked why the engineer decided to stop here when the lot line is further out. Is there any pond anywhere in the plot plan?

         Mr. Slattery said once they turned some land back to the town, we havenít done much as far as going back there.

         Mr. Marriner noted some discrepancies between three plot plans in their proximity to the well-site protection zone.

         Mr. Garreffi asked if there is new plan that shows the new lot line showing the conveyance to the Town.

         Mr. Slattery said that Mr. Lee must have a copy.

         Mr. Lambert asked if every time a home is sold your company is going to give us a copy of the deed.

         Mr. Petropulos said thatís the second item he wanted to discuss. First item was the deed restriction itself and I wanted to show you the language that would be included in the two and three bedroom deeds.

         Mr. Lambert asked how many three bedroom and two bedroom homes are you putting in.

         Mr. Slattery we are bound to provide three lottery homes. He said they were approved by the Nitrogen Aggregation for a total of 168 bedrooms, which means all 56units could be three bedroom homes.

         Mr. Lambert said thatís not the way he read it.

         Mr. Petropulos said on three of the lottery units, we agreed with the Department of Housing, to the 40B process that three of those units would be two bedroom houses.

         Mr. Marriner asked if any of the units were low income housing.

         Mr. Petropulos replied yes. Fourteen are affordable through Chapter 40B.

         Mr. Marriner asked how that breaks down.

         Mr. Petropulos said you have to sell them randomly throughout.

         Mr. Marriner asked if the next owner would be under any obligation to continue low income.

         Mr. Petropulos said there are specific rules in regard to that. Itís all included in the regulatory agreement that we have executed with the Town. The Selectmen has executed with the Department of Housing and Developing. There are specific rules. I donít remember to tell you the truth. I think it has to remain as an affordable unit.

         Mr. Marriner wanted to know if the Board received a letter from the DEP approving this.

         Mr. Lambert asked if they have one ready to sell.

         Mr. Petropulos said by the end of the month.

         Mr. Lambert asked if a final inspection was done on the home ready to be sold.

         Mr. Slattery said Mr. Ritchie did final grading and the final inspection but we have not received the Certificate of Compliance because of the deed restriction. This is the model home lot 38.

         Mr. Garreffi said with reference to the information on the notices, if you were looking to do this ahead of closings a letter from their attorney with a copy of the deed showing what is going to be recorded at closing would be sufficient. We would want the attorney stating he is going to record it. Other towns have accepted this procedure.

         Mr. Petropulos re-stated to Mr. Garreffi the Board would like a copy of the deed prior to the closing.




         Mr. Garreffi said yes, with a letter from your attorney saying this is the deed the attorney shall record at closing.

         Mr. Slattery said it doesnít necessarily have to have any name on it, so itís more of a sample deed.

         Mr. Garreffi said it has to contain the lot information. We donít want the price, or a name on it. If for some reason this deed restriction doesnít get recorded we can go back to the attorney and say make it right.

         Mr. Petropulos said they will provide a draft deed.

         Mr. Slattery said we donít have a Certificate of Compliance on the model home. We work out of several hours a week.

         Mr. Garreffi said we want a copy of the deed that will be recorded at closing. Then they can send us a copy of the recorded deed.

         Mr. Petropoulos said that covered both of the items they wanted to discuss with the Board.

         Mr. Garreffi questioned the number of bedrooms allowed in the units. He said it appears in one of the letters from predecessor Board, they approved 156 bedrooms total. The Aggregation plans shows a mix of forty four three bedroom and twelve two bedrooms.

         Mr. Petropulos said that was the original projection.

         Mr. Garreffi said The DEP, approval letter said the maximum of bedrooms could not exceed 168. They go on to say in no way do they supersede any conditions imposed by the Board of Health.

         Mr. Buckley asked what the number of bedrooms should total.

         Mrs. Grogan said twelve two bedroom and forty four three bedroom homes.

         Mr. Garreffi explained the engineering plan and the letter from the predecessor †Board, has the bedrooms totaling 156 bedrooms.

         Mrs. Grogan said a letter of August 20, 2008 was mailed out stating what the Board at that time, was allowing for total number of bedrooms.

         Mr. Petropulos said he will look into this and call the office.

         Mr. Lambert asked if Jayron Realty is looking for at least one to pass tonight.

         Mr. Petropulos is asking if the Board is willing to accept the language that would be go into each restricted deed. In addition as far as getting a draft deed to you before the closing, we will do this so you can review it. Where would you like the deeds sent?


         Mr. Garreffi said send information to Nashoba Boards of Health.

         Mr. Petropulos asked how quickly is turn around time.

         Mr. Garreffi would like to see ahead of time is the grant of title 5 loading easement restrictions thatís been recorded.

         Mr. Petropulos said he had only one copy for Bob Lee.

         Mrs. Grogan made a copy for Mr. Garreffi and gave the original back to Mr. Petropulus.

         Mr. Garreffi asked if the as-built plans for lot 38 is the one they are concerned with.

         Mr. Slattery said lot 38 is the model home. They are not too concerned about it. Now that we came to the conclusion about the deed, we will provide a draft deed for lot 38 the model home in order to get the Certificate of Compliance. Mr. Slattery said there will be a closing for Lot 35 on July 31, 2009.

         Mr. Garreffi said he usually tells people depending how busy we are and if they provide all the paperwork, within seven days you should have the Certificate of Compliance

         Mr. Slattery said if there had not been a hang up on the deed restriction it would be the same time schedule that Mr. Ritchie was on. Mr. Slattery said they install septic systems close to the end of project.

         Mr. Garreffi said be aware if you donít get your paperwork in time this will delay the process.

         Mr. Slattery said by the end of the week we should have a septic installed. Miss Garbarz was going to come today to do a bed bottom inspection. Right after we would have scheduled her for the bed bottom. Do you want an additional inspection to final inspection?

         Mr. Garreffi said we like to see the bottom system and then the final. Then when we get the as-built if there is any questions to grading we can take a look at it. Thatís why Mr. Garreffi is saying if you install that close and there is a question there could be a hold up.

         Mr. Slattery said he will be providing the as-built within a week for lot 35.

         Mr. Garreffi wanted the Board to know he would like to read information to make sure to make sure the conditions are in this information packet. He doesnít have a problem with if the Board is acceptable








         Mr. Lambert stated the Board doesnít meet for another two weeks and he does not want to hold Mr. Slattery up for two weeks.


         Mr. Garreffi said if you want to vote as long as the Board agrees that the language is acceptable and you will agree for the attorney to get you a copy of the sample deed. Since Iím looking at this for the first time.

         Mr. Lambert asked Mr. Garreffi if he agreed.

         Mr. Garreffi said yes. Mr. Garreffi said it would make the Board feel more comfortable knowing the deed is being recorded.

         Mr. Petropulos said he would get back to Mrs. Grogan with the other issue of the 44 three bedrooms and the 12 two bedrooms.

         Mr. Lambert advised Mr. Petropulos to get the sewage systems in ahead of time.

         Mr. Garreffi said two and weeks is plenty of time.

         Mr. Marriner said he knows he is knit picking over something that has nothing to do with nothing. I would like to at some point take a look at a complete plan thatís shows the property lines to see if there is a pond or swamp. What we have is different set of scales before us. This is not contingent on anything.

         Mr. Garreffi said we can talk to Bob Lee who has a set of plans. He will ask Kalene to ask to get plans for the next meeting so you can look at it.

         Mr. Buckley asked getting the stamp for the two bedrooms from the lawyer saying they were deeded properly will not effect the conversation about the 12 units changing.

         Mr. Garreffi asked how many are built.

         Mr. Slattery said they have 7 built and three which are sold. That could be on going with the next couple meetings. I think tonight allowed brought us to where we needed to be.

         Mr. Garreffi said there is still time for the number of bedrooms to be discussed as they are only into seven houses.

         Mr. Slattery spoke to Miss Garbarz who thought the Pepperell local regulation said the tank has to be 20 feet from the foundation.

         Mr. Garreffi said Nashoba has to get their regulations and discuss that with the Board.




         Mr. Slattery said Title 5 regulations states you only have to be 10 feet away from the foundation.

         Mr. Garreffi said he wanted to look at the Pepperell BOH local regulations regarding the distance from the foundation and septic tank.























































































































































































Mr. Buckley made a motion to receive a draft deed for each lot that needs a certificate of compliance.

Mr. Marriner seconded it.





















































































































































































A vote was taken.

All were in favor.

















































Business A

Local Regulations









































Business: B

Permit Fees

         Mr. Lambert would like the regulations to be drafted by Nashoba Boards of Health specs. He said the Board will need a copy of Nashobaís regulations for the next meeting so we can talk about it and vote it in or do whatever we have to do.

         Mr. Garreffi asked if this is the only regulations the BOH has.

         Mr. Lambert said it is.

         Mr. Garreffi said each Board is their own entity we have 14 sets of regulations. With Title 5 regulations with most Boards of Health they can pass a regulation and publish in it there regulations. Regulations that go above and beyond Title 5, there is a very set process. You have to draft the regulations. You have to have a public hearing and notify the public two times before you have the hearing. Once you pass the regulations they have to go to DEP for approval and you have to have justification why you have gone above and beyond Title 5. This came about in the mid 80ís when towns were passing regulations that were defective. Your regulations talk about times for testing. We do testing all the time. If you want to restrict those you certainly can. If you want to keep your flow at 150 you can do that.

         Mr. Lambert asked if the Board didnít change the regulations and you thought it would be alright we could leave them as is.

         Mr. Garreffi said you can leave the regulations as they are.† We wouldnít be following it to the extent that we do testing on certain days. We do testing any day we need to. The regulations say we do Perc testing on Tuesday and Thursday morning only. We do them any day during the week we are in town. .We will make it easier for the public to get testing done.




         Mr. Lamberts asked if the Board left the regulations as is, all we have to do is change the date.

         Mr. Garreffi said if you wanted to, you could vote to delete these two paragraphs. You can keep the upper regulations that talk about the flows and capping the end of the pipes. You can rescind a portion of the regulations. Mr. Garreffi said he was concerned about the Perc testing and Septic inspections.† We wonít restrict people to morning or afternoon.

         Mr. Lambert said as a Board, we can leave this portion and change this portion.

         Mr. Garreffi would like to send the Board a recommendation as what to do regarding the regulations, as long as this is acceptable to the Board.

         Mr. Lambert said he was going to ask Mr. Garreffi if he would do that. Mr. Lambert had looked at the date of these regulations that went back to 1990.

         Mr. Garreffi said Title 5 regulations changed in 1995.

         Mr. Lambert gave the regulations to Mr. Garreffi.

         Mr. Garreffi said he will send something up for the Boards next meeting with recommendations for the regulations.


         Mr. Lambert wanted to know if we had anything to discuss on the nursing side.


         Mr. Lambert asked the Board how they felt about Nashoba getting the fee and exempt Pepperell Board of Health from charging any additional fees.

         Mr. Marriner said Pepperell shouldnít be involved. They pay one fee. The customer gets the benefit.

         Mr. Garreffi asked if the Board was going to rescind the fees that were approved for January 1, 2007.

         Mr. Marriner said use Nashobaís fees only. Guaranteed confusion if you have two checks for one permit.
































































Mr. Buckley made a motion that Nashoba Boards of Health fee schedule shall be used except where, Nashobaís schedule doesnít have a fee for a service provided by the Board, in that case Pepperellís fee schedule will be in force.


Mr. Marriner seconded it.

































































A vote was taken.

All were in favor.


Business: C

Nashoba Boards of Health Nursing




Business: C

Nashoba Boards of Health Nursing





























Business: C

Nashoba Boards of Health Nursing




























Business: C

Nashoba Boards of Health Nursing


       Mr. Marriner said he understands what the problem is. He didnít know if the Town Nurse that we had, was being very nice to these people or doing something that perhaps was needed but maybe in someone elseís domain.† I just donít know where we are going. Mr. Marriner said Jimís people are going to have a problem with this.




       Mrs. Grogan had spoken to nurse Carol Horgan, earlier in the day. We addressed the issues of more blood pressure clinics and having the nurse pre-fill medicines at patients home.


         Mr. Garreffi addressed the Board saying he was throwing this back to the Board your telling us what to do.

         Mr. Marriner said just because we did it in the past doesnít make it right.

         Mr. Garreffi asked if perhaps sitting down with Virginia, Carol and the Board, it doesnít have to be a meeting and ask what it is that people perceive that is being missed.

         Mr. Marriner wanted to know if Nashoba does pre-fill of meds in any other towns.

         Mr. Garreffi said they do not.

         Mr. Lambert said he thinks there should be a limit as to how many times you go back to the house to do pills. They canít be going out every week.

         Mr. Garreffi said family may set up pills or they may go to the pharmacy to have it done. The pharmacy may charge a little bit of money.

         Mr. Marriner asked if this has become a significant issue in other towns.

         Mr. Garreffi said no, he doesnít know that we do it in any other town. Nobody has asked Nashoba to do pre-pour of meds.† Part of the problem with pre-pours is your consistently staying on top of that persons medications, if it changes you have to note what the changes are in order to do the pre-pour correctly.

         Mr. Marriner said we are potentially getting involved with some liability.

         Mr. Garreffi responded by saying were not going to be liable because we are going to take the time to do it right. This gets back to time and money for the Board. We could use Carol Horganís recommendation of having a family member do the pre-pours, or have it done at the pharmacy. The new orders for prescriptions are at the pharmacy so any changes to medication, the pharmacy should have the up to date information.

         Mr. Lambert said thatís what the nurse told the secretary today.







         Mr. Garreffi discussed the home visits. If someone needs to be scene more than once a month the nurses will go. They donít set a limit on visits.

         Mr. Marriner said he is not so worried about that. What botherís him is the pre-pours; he feels Nashoba is stepping in where fools feet tread. I can appreciate our nurse doing it.

         Mr. Buckley said itís an unnecessary responsibility to put on the nurses.

         Mr. Marriner doesnít know if we or they or anyone have the funds to continue to do this. Someone has to step up to the plate. If the person legitimately can not dole out their medicine in proper form, perhaps help can come from a neighbor or family member. I donít think the Town of Pepperell should take that financial obligation on.

         Mr. Garreffi spoke up and said and the potential liability that comes with it.

         Mr. Lambert said what happens if the medicines get swapped around. Mr. Garreffi said what if the medicine gets tipped over.

         Mrs. Grogan said the nurse made a point of doing the pre-pours. First they would have get the orders from the doctor. What happens if the nurse goes to the patientís home to find the medication isnít there? Now the nurse calls the pharmacy and goes and picks it up. This takes time. Now the nurse sees that person two weeks later and medication has been changed during that time, and the new medication isnít at the home. What happens if the nurse is filling the pre-pour with wrong medication, whoís responsible for that?

         Mr. Lambert said to Mr. Eriksson I hope youíre taking this down.

         Mr. Garreffi asked if the Board would like to sit down with Carol and maybe she can explain some of the pitfalls of doing this and share what other things they do in other towns. Maybe this would be useful to the Board. Talking to Carol there didnít seem to be many pre-pour patients.










         Mrs. Grogan explained that Nashobaís Health Nurse is very visible in town. They do Blood pressure clinics on the first Wednesday of the month at the Senior Center. They are doing files for life on the third Wednesday at the Senior Center, Iím thinking perhaps once things slow down they may want to pre-pour or talk to patients about getting assistance in for pre-pours. They go to Babbitassit Village for Blood pressure clinics; they are making home visits, so they are in Pepperell quite frequently. They are following Ellenís schedule because they do not want to miss anyone who needs help.


         Mr. Marriner asked how we can assist these people who need help in dispensing their medicine without becoming involved.

         Mr. Garreffi said he can talk to Carol and see if maybe they can meet with the people who need help and if they can find someone who can do this for them.

         Mr. Marriner said we have to leave this on the table for further discussion because I canít see spending our money unless you get good returns or value for it.

         Mr. Lambert said other towns do without it.

         Mr. Garreffi said this is a big issue you want to make sure people get the help they need. I can talk to Carol. Maybe itís worth while setting something up as educational at the Senior Center with the Nurses about how to go about† doing this and possible getting a family member. See if we canít shift that.

         Mr. Marriner said maybe there is a family member or neighbor who can help.

         Mr. Lambert asked Mr. Garreffi if he was going to get back to the Board with Title 5.

         Mr. Garreffi said he would speak to Miss Garbarz about getting the plan for the next meeting so Mr. Marriner can review it.


         Mr. Marriner said he didnít want to beat a dead horse. But water in Pepperell is sacred animal as far as he is concerned. Any infringement or possible infringement on the well or anything wrong out there thatís unnatural the Board wants to know about it before not after itís polluted. I want to make sure everything is alright.





         Mr. Garreffi said he will make sure Miss Garbarz is aware of this concern.

         Mr. Eriksson asked what the gentlemen wanted when they were here tonight.

         Mr. Marriner said the encumbrance on the deed.

         Mr. Eriksson said what if itís a two bedroom house it needs to stay a two bedroom on the deed.

         Mr. Garreffi said itís more of timing. The Board said there needed to be a recording of the deed before they can issue a Certificate of Compliance which makes it cumbering to pass papers. In the case of the model they just want the Certificate of Compliance. Getting a letter from their attorney saying is the deed being recorded. Then we get the deed afterward.

         Mr. Eriksson asked if this is for one unit.

         Mr. Garreffi said this is for each time it goes through, that way they donít have to convey the deed twice. If all of sudden they forget to record it, then we can hold the attorney accountable.

         Mr. Lambert said we donít want it to come back to the Board.





























Bill Warrant:


Other Item:


Other Item:





Other Item:

George Ux, Emergency Management




Other Item:

Porta Potties




Other Item:

Railroad St.



         One bill warrant †from FY 09



         Termination form for Part-Time Food Inspector, Christopher Finn needed a signature



         Mr. Marriner brought up when signing the payroll only one member can sign not the three Board members.

         Mrs. Grogan was told by the Accountant Terry Walsh, there should be one Board member who is assigned on a regular basis to sign payroll and a back up in case the assigned member isnít available.



         Mrs. Grogan made the Board aware of a small grant, Mr. Ux can use to help other departments pay for there staffís help in the emergency planning preparations.






         Mr. Buckley said there were a consistent number of people standing in line for the porta potties. If they kept them on the other side of the field, it would have eliminated the crowd standing in the front of people sitting on blankets and the porta potties are not around people.

         Mr. Lambert went around twice checking the vendors. They were all in compliance.


         Mr. Garreffi said on Wednesday, the Health Agent got a call from DEP. There is house near the old dry cleaner on Railroad St., which is getting TCE vapors in the basement. They asked the Health Agent go down and advise the people to move out. Miss Garbarz called the homeowner and he said his family was going on vacation. Miss Garbarz told the homeowner that the basement could not be entered. DEP called back the next day they had a radon system in the house. They connected the blowers up and actually reduce the chemicals in the house. So you know, DEP has been conversing with us. They have a radon system under the slab, so what they did is put a blower on that and brought the levels down. Used a portable machine they took some better samples we should get those results on Thursday. Bill Phillips from the DEP said they have some kind of canister set permanently to keep the house safe while they are working on a solution.



         Mr. Lambert told Mr. Garreffi that the nurses went to the Senior Center and did the Blood pressure clinic and the people who attended the clinic were pleased with the nurses. †


         Mr. Garreffi said Nashoba Boards of Health will be available for Pepperell Board of Health .



The Board signed




Mr. Lambert signed.



Mr. Marriner made a motion to have Mr. Lambert be the Board member to sign the payroll.


Mr. Buckley seconded it.




Mr. Marriner said he would speak to George Ux about this.











A vote was taken.

All were in favor.


Mr. Buckley made a motion to adjourn the meeting. Mr. Marriner seconded it. A vote was taken. All were in favor.

Meeting was adjourned at 8:15 PM

Next Meeting: †July 21st, 2009

Respectfully submitted by:†† Sandra Grogan



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

† Robert Lambert, Chairperson†† ††††††††††† John Marriner†† ††††††††††† ††††††††††† †† †Alfred Buckley