Pepperell Board of Health

July 20, 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

Members Absent:††† ††Alfred Buckley †††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††

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

Guests Present:†††††† Joann Arsenault 222 South Rd., Sandra Buss 224 South Rd, James Garreffi, NABH, Keith Babin, 40 Lawrence St., Mitch Evich, MMA†††

Minutes to be approved:†† Mr. Marriner made a motion to approve the minutes of July 6, 2010 as written.

††††††††††††††††††††††††††††††††††††††††† Mr. Lambert seconded it. A vote was taken. All were in favor. †The meeting is being recorded.

Topic of Discussion

Relevant Discussion

Action taken

Vote taken

Scheduled Appointment: 7:05

Joann Arsenault

222 South Rd.

Nuisance Complaint






























Scheduled Appointment: 7:15

Sandra Buss - †224 South Rd.

Possible septic failure




         The Health Agent explained an order was sent to 222 South Rd., on July 6, 2010, the inspection was done a week before that around July 2, 2010. Regarding chickens to close to the property line, the structure in the back and noises. Regarding the order she was sent she was asked to correct the pile in the back yard.

         The Health Agent said the homeowner is coming before the Board, as she is exercising her right to withdraw the order as she doesnít agree with the order.

         Ms. Arsenault explained itís an old shed. This past winter a limb hit it. So now she is in the process of using the wood from the old shed to build a new chicken coop on the other side of the property.

         Mrs. Buss of 224 South Rd said she call the health agent because she was concerned about the three coops. One of the coops is down; there is trash, windows, still laying there. Two more coops are in bad shape. There are chickens and turkeys that are very noisy. The coop is supposed to be thirty feet away from the property line and the coop isnít.

         Mr. Lambert said the BOH canít do anything about the chickens unless they are on another personís property.

         Mrs. Arsenault said she talked with the zoning department and they said she is doing everything properly.

         The Health Agent said it is up to the Board to decide whether to withdraw the order, sustain the order, or keep it as is, or to give an extension.

         Mr. Lambert said an extension would be allowed as long as the pile is cleaned up within that time.






         The Health Agent informed the Board she did a site visit at 224 South Rd., on July 6, 2010 regarding the nuisance complaint at 222 South Rd. At the end of the inspection I noticed a septic odor; I smelled it once then twice. It led me to believe there could be a septic concern. I went back to the office and looked at the folder and found a dye test was performed back in the 1990ís they monitored for two weeks there was no discharge and it was left at that.† Iím not saying she has a failed system, but itís my job to protect ground water surface etc. What I recommend to the Board that Mrs. Buss allow me another site visit to see if there is a break out. I donít know if itís her property or the neighborís property, it could be anyoneís.

         Mr. Lambert asked Mrs. Buss what she thought about it.

         Mrs. Buss asked what her rights are. She wanted to know if she has to let the Health Agent come on her property. The dye test was done, because the neighbor down the hill thought there was sewerage running down onto his property. She said her septic system is about 50 years old. She gets it pumped every two years. She has a leaching field that sometimes runs off. Mrs. Buss asked if she had to have someone look at it, or can she refuse to let someone look at the septic system.

         The Health Agent told Mrs. Buss she could do whatever she wants. She explained she would have to have her permission to walk on your property.

         Mrs. Buss then said she has the right to refuse her from coming on her property

         Mr. Lambert said if there is a problem and the neighbors complain then you would have to allow a site visit.

         Mrs. Buss expressed that the neighbors have never complained about a smell. It is the Health Agent who is mentioned the smell. Now here Iím sitting with my† neighbor next door whom Iím complaining about her chickens, and her junk in her yard, and here she is, so that will be the next thing. The way things are going she will complain.

         The Health Agent explained to the Board she was on Mrs. Buss property to do a site visit regarding her neighbor, and she smelled a septic odor.





         Whether it is Mrs. Buss property or the neighborís system I need to report it.

         Mrs. Buss asked if it is part of the Health Agents job.

         Mr. Lambert explained if the BOH is to go by your property and sees a problem, then a Title 5 will have to be done as part of Mass. State Law.

         Mr. Lambert said the Board is here to help Mrs. Buss with a possible problem.

         Mr. Marriner asked if anybody knows where the smell is coming from.

         The Health Agent was on Mrs. Buss property to do a site visit regarding a complaint about her neighborís yard. At this time she noticed a smell of sewerage. But, she is not saying itís coming from this property. She is presenting information that she has observed to the Board.

         Mr. Marriner suggested Mrs. Buss allow the Health Agent to do a site visit to see if there is a potential problem. Otherwise the Board could request Mrs. Buss to do a Title 5, and if it comes back failed then she has to put in a new system according to state law.

         The Board may decide Mrs. Buss will need to pump the tank more often or they may want a Title 5 done.

         Mrs. Buss said if the Health Agent was to come on her property and sees the leaching field overflowing; it would be an automatic failure. I canít dig up my leaching field thatís illegal.

         The Health Agent clarified she will only do a site visit. I will not dig up anything. As you just admitted the leaching field is in failure. The Board could say itís in failure and have you do a Title 5, or there is another route can take. Admit you are in failure avoid paying for a Title 5, and fill out a form 9A, which is a voluntary upgrade.

         Mrs. Buss said there is no access to her back yard.

         The Health Agent explained you canít have a break out, itís a health problem. I would recommend a site visit.

         Mr. Lambert told the Health Agent the Board would go along with her recommendation.

         The Health Agent said she would start off with a site visit then go from their.


         Mr. Lambert agrees, and asked Mrs. Buss if the Health Agent could do a site visit.





         Mrs. Buss said she does have to go forward, she agreed. She wanted to know how long she would have to replace the system if it came to that.

         The Health Agent said generally its two years or if the Board sees an imminent health hazard they can request a short time period.

         Mrs. Buss agreed to allow the Health Agent do a site visit.

         Mr. Lambert asked to have Mrs. Buss put on a future agenda. She will return on September 7, 2010.

         The Health Agent will send Mrs. Buss a letter requesting she contact her to set up a scheduled appointment.




















Mr. Lambert made a motion to give Mrs. Arsenault of 222 South Rd another thirty day extension on violation order. This will bring the date to September 6, 2010.


Mr. Marriner seconded it.









































A vote was taken.

All were in favor.

Scheduled Appointment: 7:40

James Garreffi, NABH

One year review


         Mr. Garreffi, Director for NABH gave the Board a letter of statistics that NABH, has performed for the BOH over the past year.† In addition, he informed the Board of the new open meeting laws.

         Mr. Marriner said that if he talks to another Board member he is breaking the open meeting laws.

         Mr. Garreffi affirmed if Board members are talking business that is illegal. As long as you do not discuss BOH business that is fine.

         Mr. Garreffi wanted to know how the relationship between the NABH and BOH is going. He wanted to know if the BOH would like to address any concerns.

         Mr. Garreffi started off by asking if the BOH had any concerns with nursing services, and the environmental services.

         Mr. Lambert would like to thank NABH for the work performed in the past year. He said they are very satisfied with the Nursing services, the Health Agent, the services have been great.







One year review








One year review

         Mr. Garreffi wanted to know if the Health Agent and Nursing services are in town enough. We want to tailor it to the needs of the people. We want to be visible in the Town.

         Mr. Lambert said the BOH had no complaints about the Nursing schedule or the Health Agentís schedule at all last year.

         Mr. Garreffi asked if there are any procedural concerns with the permits with hearings or time frame for reviews.

         Mr. Lambert did mention that the food permits have not been coming to the BOH for signature. They would like to see restaurant permits.

         Mr. Garreffi will have them forwarded to the Board for signatures.





         Mr. Marriner was concerned who has the authority when it comes to checking food vendors at events in town.

         Any Board member can stop a food vendor and ask for their permit.

         The Health Agent explained that she brings the permits in a folder for the Boards signature. The Board had decided at an earlier meeting that NABH could sign the food permits.

         Mr. Lambert would like to see restaurant permits for signature. The temporary food permits the Health Agent can continue to sign.

         NABH will email a list of vendors who will be attending events.

         Mr. Garreffi wanted to know if inspections, issuing orders, or doing enforcement. If we issue an order the Board has a right to modify or change it.

         Mr. Lambert is satisfied with the way the Health Agent is handling things.

         Mr. Lambert would like to see how many visits the nursing services had provided in the past six months.

         Mr. Garreffi will see that the Board receives this information.

         Mr. Marriner wanted to know what the BOH is being charged per capita.

         Mr. Garreffi explained the NABH Board is working on an up dated chart.

         On the first quarter bill from NABH had an error in the nursing fee. It was to low so next quarterly bill will make up the difference in the nursing fee.




Old Business:

40 Lawrence St.










Old Business:

120 Main St.







Old Business:

Foster St. Units A & B



Permits/Bill Warrants:


36 Lawrence St. Ė Permit











Other Item:














Other Item:



         The Health Agent explained that someone drove over the leach field. It would be the fault of Mr. Babin if their was a break. We got an email from the Chairman of Conversation saying he drove over the system. At this point there is nothing we can do. If the Board has any comments.

         Mr. Babin explained he had water hooked up to the trailer, so he popped up the pavement he did not do any digging he put about an inch of fill where the pavement was dug out.

         Mr. Lambert does not see any problem.



         Mr. Marriner said Mr. Babin replicated what was there.

         This issue is all settled.



         The Health Agent had gone to Court for a second time back in July 2010, and the landlord did not appear for the second time. The judge will continue the enforcement order. Ms. Garbarz asked the Board if they want to go before Town Counsel which costs money.

         Mr. Lambert said to have him in for another meeting.

         Ms. Garbarz would like the Boards guidance.

         Mr. Marriner said to ask for a judgment per day.

         The Health Agent will look into seeing if the BOH can issue tickets.



         The Health Agent has been unsuccessful in reaching the landlord. The agreement was that by July 26, 2010 the violations would be corrected. We are looking at 5 outstanding violations. The court agreement is a legal document and if he doesnít correct the violations by the agreement date, then we can start fining him. Hopefully I will touch base with him this week.



         The Health Agent explained the permit is for a septic tank pump chamber, and bringing up the grade. She is asking the Board to put a deed restriction for a two bedroom, since the application came in as a two bedroom. The septic system is designed for a three bedroom.

         Mr. Lambert said the BOH goes by a 150 gallon per bedroom.

         Mr. Marriner wanted to know why put a deed restriction on this.

         Mr. Lambert explained itís designed for a three bedroom.

         Mr. Marriner agrees it should be a three bedroom system.

         Mr. Lambert said they meet the requirements for a three bedroom system.

         The Health Agent modified the permit to read a three bedroom house.



         The dates have been set for the August BOH meetings. August 3, and August 17, 2010.





         The Health Agent went by 21 Herget Dr. ; she feels the homeowner has satisfied all the requirements. She will send a letter to the homeowner and neighbor relating the violation has been corrected.


         The Health Agent received a phone call from the Pepperell Police department today regarding the house on Lowell Rd by Jersey Street. There is an ongoing order that has been sent to the landlord and tenants to keep the property clean. Got a few calls today about the doors on the refrigerator. The police are monitoring it, and I went by today. If the doors are not taken off it will go in the trash. The order is up in two days. Another order will be sent with a stricter time frame to correct violations.



         Mr. Evich from Mass. Municipal Assoc. is doing an article on towns regionalizing. I want to do a piece on NABH, as they have regionalized with several towns. He did a piece on Den Connors, on setting wireless network and security cameras in various places.















































Mr. Marriner made a motion to sign the permit for 36 Lawrence St., as a three bedroom septic system.


Mr. Lambert seconded it.




























































A vote was taken.

All were in favor.

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

Meeting was adjourned at 8:35 PM

Next Meeting: August 3, 2010

Respectfully submitted by:†† Sandra Grogan



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

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