Pepperell Board of Health

September 07, 2011

Meeting Minutes

Town Hall Conference Room A



Call to order:   The Pepperell Board of Health was called to order at 7:00 pm, by Mr. Buckley. He informed all present at the meeting it was being tape recorded.  


Members Present:   Alfred Buckley, Chairman, John Marriner, Member, Phillip Durno, Member

Members Absent:                                                                                                                                                              

Staff Present:          Kalene Gendron R.S., Health Agent, Sandra Grogan, Board Secretary

Guests Present       Paul MacDonald, Nashoba Publishing, Christopher S., Dolce, 105 Main St.

Minutes to be approved:   Mr. Marriner made a motion to table the minutes of August 02, 2011 to next meeting.

                                          Mr. Durno seconded it.  A vote was taken.  All were in favor.    

Topic of Discussion

Relevant Discussion

Action taken

Vote taken

Future Meeting Dates:

  • September 7, 2011 and September 20, 2011





Dolce-Variance Request



  • A representative of Dolce appeared before the members of the board in order to ask for variance request allowing the existing sink around the corner at the pizza warmer as their hand sink where there is no room to setup for a third sink, as the other sink is so close to bar area.
  • The HA said “having to install a third sink would present a hardship as there is no plumbing in that area, and the current wall in the way.


Mr. Durno made a motion to allow the variance for Dolce that would allow them to use the sink around the corner.


Mr. Marriner seconded it.




A vote was taken.

All were in favor.


7:05 pm - 39 Blood St. Condemnation hearing

  • Mr. Buckley, chairman opened the condemnation hearing at 7:25 pm, though it was scheduled for 7:05 pm as he was allowing time for the owner to appear.
  • The members of the board reviewed a condemnation letter from the Health Agent (HA).
  • Mr. Marriner said “this property is sub-standard.”
  • Mr. Durno was concerned with the hole in the roof and recent rain fall, it getting into the home and causing additional water problems on top of the existing issues.
  • The Building Inspector has been sent each letter from the BOH pertaining to this property.
  • The HA will be issuing a vacate letter.
  • Mr. Buckley closed the condemnation hearing at 7:30 pm.

Mr. Durno made a motion to condemn 39 Blood Street as it is unfit for habitation from the outside view as well as the in inside reports from Fire and EMS paperwork.


Mr. Marriner seconded it.

A vote was taken.

Mr. Buckley

Mr. Marriner

Mr. Durno was all in favor.


39 Prescott St.

7:10 pm Non-Compliance

·        The HA explained that Ms. Rowse did not call to confirm she would be at the meeting, and she is not present tonight. Because of lack of recording the deed restriction, she is in violation of title 5, and she must complete this portion in order to comply with title 5 requirements along with getting an annual inspection as she has a presby septic system.

·        Mr. Buckley said “she has done most of the work but she failing to finalize this portion.”

·        The HA said “if someone should want to refinance this home the bank will want to see a C.O.C. and annual inspection reports on this presby system.

·        Mr. Marriner was looking at two different sheets of paper and he said “one report says it passes and the BOH is saying she needs to receive a C.O.C. in order for this septic system to pass.”

·        The HA referred to the paperwork Mr. Marriner was reviewing, he is looking at two different reports. One report shows when the title 5 was performed it did pass inspection according to the title 5 inspector.  The other report indicates she is not in compliance with title 5 regulations; and this has been an on going for a few years.


Mr. Durno made a motion to send her a stern letter, informing her if she does not comply by getting a deed restriction for her septic system that court action may be taken.


Mr. Marriner seconded it.


A vote was taken.

All were in favor.


37-39 High St. – Status

  • The HA wanted to bring the members of the board up to date regarding this address. At a previous meeting the members approved a time extension for Mr. Cook in order to correct the violations in his units. He has gone past both the dates allowed and to the best of the HA knowledge he has evicted the tenants of the unit and he has moved into it. This is a violation; the PBOH must do a re-inspection to make sure the units are in compliance before anyone may move into the units.
  • Mr. Marriner said “he knows what he is supposed to do, and he is choosing to ignore the rules.”
  • Mr. Durno asked the HA to contact him by phone and inform him he should be anticipating court action.
  • Mr. Marriner spoke up and asked for a copy of the violations so he can go speak to Mr. Cook in person.

Mr. Durno made a motion for the HA to contact Mr. Cook to inform him he should be anticipating a letter that court action will take place.


Mr. Marriner seconded it.

A vote was taken.

All were in favor.


DEP Letter - Update










Region 2 - Letter









  • The HA explained to the members of the board that she has been waiting for a reply from Mr. Adam Last, CEA who had sent a correspondence to them to eliminate testing of the VOC’s in the groundwater at the landfill. She has not received any reply. She will contact Mr. Last again.






  • Since the HA attends the conferences for Region 2, they would like to have a representative to discuss and vote if the need arises. The HA is asking for permission from the members of the board for their approval to do so.
  • Mr. Marriner thought this would beneficial for the PBOH to have the HA as the voting representative.













Mr. Marriner made a motion to nominate Kalene Gendron, Health Agent as a voting representative for Region 2, Emergency Preparedness Coalition.


Mr. Durno seconded it.












A vote was taken.

All were in favor.







 Fall Town Meeting

  • The secretary informed the members of the board the date for the Fall Town meeting which is being held on Nov. 7, 2011, and if the members want to a warrant article on it  to must be turned into the Selectmen’s office by Sept. 20, 2011 before 2:00 pm.
  • Mr. Buckley would like to have some money put in the budget for continuing education.
  • The HA said “this wouldn’t need to be a warrant article, it should go into line item budget.”
  • Mr. Durno didn’t see line item in the expenditure sheet for conferences, meetings.
  • The HA suggested it would be nice to see if some of the line items can be re-allocated.



Old Business:

20L Wheeler St.  – Status




















  • The HA explained on July 19, 2011 the members of the board looked at photo’s and voted the property in question was in a clean and sanitary manner. At that time the members also asked for a five bedroom deed restriction. Since that time Mrs. Bancroft brought in paperwork that she feels at the time of their purchasing the home, the previous owner had put a five bedroom deed restriction on the house. So now she is asking if this paperwork she has would suffice as the requested deed restriction requested by the members of the board.
  • Mr. Buckley reviewed the paperwork which says “the septic system will not exceed five hundred and fifty gallons per day,” but does not imply it is a deed restriction.
  • The HA explained the paperwork the Bancroft’s showed us is the function of the technology approval not a deed restriction.





  • Mr. Durno said “he stands by the original decision that the property was in a clean and sanitary manner and secondly the Bancroft’s need to get a deed restriction for a five bedroom home.”



Old Business:

Public Safety Day - Update

  • Mr. Buckley said he will attend this event. The secretary will be in attendance for 11:30 am and the HA will help set the tables and canopy in the morning.
  • Mr. Buckley will pick up everything on Friday.




170 Nashua Rd. - Transfer



  • The HA reminded the members of the board this permit was issued back in March of 2011, now at this time there is a transfer of the owner.

Board members signed the



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

Meeting was adjourned at 8: 30 pm

Next Meeting: September 20, 2011

Respectfully submitted by:   Sandra Grogan, Board Secretary



_____________________________              _________________________    _______________________________                    

  Alfred Buckley, Chairman                  John Marriner, Member          Phillip Durno, Member