Pepperell Board of Health

July 06, 2010 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 Chairman, John Marriner Member, Alfred Buckley

Members Absent:                                                                                                                                                               

Staff Present:           Kalene Garbarz RS, Health Agent, Sandra Grogan Board Secretary

Guests Present:       Paul MacDonald, Nashoba publishing, William Hammond, 1 Dow St., Ann Hamilton,

                                15 ½ Cross St., Alan Palmeri, 26 Dow St.  

Minutes to be approved:   Mr. Buckley made a motion to approve the minutes of June 15, 2010. Mr. Marriner seconded it. A vote was taken. All were in favor. Mr. Lambert would like to come back to hazardous waste as old business. Mr. Marriner made a motion to accept the June 29, 2010 minutes with one correction to read “Mr. Marriner seconded it”. Vote was taken. All were in favor.

Topic of Discussion

Relevant Discussion

Action taken

Vote taken

Old Business:

June 15, 2010 minutes:

Hazardous Waste Day.

·         Mr. Buckley would like to see the time changed on the hazardous waste day. The current time reads Hazardous Waste Day from 10:00 – 2:00 pm. By changing time it allows people to work a half day.

Mr. Buckley made a motion to change the time to 8:00 – 12:00 pm.


Mr. Marriner seconded it.

A vote was taken.


All were in favor

Scheduled Appointment: 7:05

1 Dow St.

·         The Health Agent explained to Mr. Hammond, did not need to apply for a variance. This matter was not presented before the Board members.




Old Business:

15 Cross St. – Housing nuisance












15 Cross St.

·         The Health Agent explained an order sent to 15 Cross St., on June 4, 2010, to correct the violation of the compost pile on the property. Seven days were given to correct the violation of the compost pile on property.

·          A site visit was preformed today; the pictures show the compost pile.

·         The residents of 15 Cross St., are not present tonight, but there neighbor is Ms. Hamilton.

·         Ms. Garbarz referred to the definition of a compost pile according to the DEP, in her opinion it has satisfied the requirements of a compost pile.  I ask the Board whether we should go any further with this matter.

·         Mr. Lambert asked the Health Agent to explain her findings.






·         Ms. Garbarz explained to Ms. Hamilton who lives at 15 ½ Cross St., regarding the definition of a compost pile. According to the DEP, a compost pile has to be contained and they can have netting around it which they do. In my opinion they have satisfied the requirement of a compost pile.  If Ms. Hamilton has any comments she may offer them to the Board.


·         Ms. Hamilton saw the next door daughters in the yard hitting something on the ground, they killed a rat. The compost pile is still there and they are throwing brush on top of the pile. The pile is against her fence, she feels they are doing this in meanness. Two years ago she had a problem with old water in there pool that was creating flies. In addition, there was an electrical issue with the pool. They just had it corrected last week.


·         Mr. Lambert feels the compost pile fits the requirements. If the compost pile is on your property that makes a difference.


·         Mr. Lambert said the Board agrees with the Health Agent’s finding.



Old Business:

24 Dow St. – Nuisance complaint














24 Dow St.
















Other Items:

Updates of housing issues.





Bill Warrants/Permits









Other  Items:



·         The Health Agent briefed the Board members about the complaint that was issued by the neighbors who are here tonight and live at 26 Dow St.

·         The Health Agent received a letter from the Gonda’s of 24 Dow St., asking the Board to withdraw or modify the order. A site inspection was performed. One of the two complaints made by the Palmeri’s is the chicken coop being close to the property line. The other complaint is two giant styrofoam structures that are in the Gonda’s back yard and are unsightly to the Palmeri’s.

·         The Health Agent upon receiving the complaints did a site visit and saw the Gonda’s styrofoam structures. According to the Sanitary Health Code it states “you shall keep your property in a clean and sanitary manner”. So a letter of order was sent to the Gonda’s in violation of the Sanitary Health Code.








·         Mr. Palmeri of 26 Dow St., said the chicken coop is within 10 feet of the boundary line. The way the Palmeri’s house is situated there bedroom window is about 20 feet from the chicken coop. This is disturbing when the rooster wakes you up every day at 5 o’clock in the morning. On warm days like this the smell isn’t too good either.   

·         The Health Agent explained to the Palmeri’s the BOH can’t cite the animal coop as a noise violation.

·         The Board had nothing to say in regards to the location where they put the coop, except if it is on the Palmeri’s property.

·         In regard to the styfoam structures in the back yard the Palmeri’s explained they are trash from a construction project.

·         The Health Agent said the Gonda’s have requested that the violation letter be withdrawn because they do not consider the styfoam as trash.

·         Mr. Lambert suggested the Palmeri’s write the Gonda’s a letter asking them to remove the rooster.

·         As for the styfoam trash the Board agreed they must properly dispose of trash/rubbish on the property.





·         Mr. Lambert went by 102 Brookline St., earlier today, he said it looked good, and he saw only one small wet spot.


·         A new sub-division of 36 lots is being proposed.  The Health Agent has been asked to attend the meeting on July 9, 2010. She explained that Pepperell are the abutters, and the lots are in Dunstable. She will try to attend the meeting.



·         The Board signed a Bill warrant.













·         Mr. Lambert thanked the Secretary for working on the last two sets of minutes over the weekend. As, a result of her effort and time they were able to be presented before the Board tonight. She has been very busy with the packing and moving from one office to another. Ms. Garbarz likewise, has been a great help in this regards.


·         Mr. Lambert spoke to the Town Administrator; the office will be receiving 2 phones that have to be set up since the old phones will not work in the Town Hall.





































Mr. Buckley made a motion to have the Gonda’s cover the styfoam, so it is out of sight from the neighbors.


Mr. Marriner seconded it.



































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 7:40PM

Next Meeting: July 20, 2010

Respectfully submitted by:   Sandra Grogan



_____________________________       _________________________       __________________________

  Robert Lambert, Chairman                   John Marriner                               Alfred Buckley