HomeMy Public PortalAbout20180430 - Board of Health - Meeting Minutes
BOH April 30, 2018 Minutes
Approved May 14, 2018 Page 1
BOARD OF HEALTH
Town of Hopkinton, Massachusetts
Hopkinton Senior Center
28 Mayhew-Craft Room
Monday, April 30, 2018 at 5:30 p.m.
MINUTES
Members Present: Chairman Jennifer Flanagan, Vice Chairman Whittemore and Michael King
Also Present: Shaun McAuliffe, Board of Health Director
Absent:
Late Arrival(s):
Early Dismissal:
The meeting was called to order at 5:35 p.m. by Chairman Flanagan.
Public Comment- Members of the community are invited to share ideas, state opinions or ask questions
Request for a Local Upgrade Approval & Variance for 68 East Main Street/Daniel McIntyre, M.E.S.S
Present: Daniel McIntyre, M.E.S.S.
Mr. McIntyre requested the Board’s approval on the following variance and local upgrade(s) under the
State Environmental Code 310 CMR 15.405, Title 5 for 68 East Main Street:
Section 15.405 (1) (a) Reduce Soil Absorption System setback to property line from 10’ to 8’; Reduce tank
setback to property line 10’ to 4’
(1) (b) Reduce tank setback to house foundation from 10’ to 6’
(1) (f) Reduce Soil Absorption System offset from subsurface drain from 50’ to 24’
(1) (h) Reduce Soil Absorption System offset to groundwater from 4’ to 2’
(1) (i) Use soil sieve test in lieu of percolation test
(1) (k) Only one test pit in area of proposed system and the installation of an Eljen Alternative Innovated
System.
Mr. McIntyre explained that these set-backs are due to the lot being small in size and shape and that the
backyard is also not suitable to construct a septic system due to ledge outcrops, pool and no equipment
access. He also indicated that this property will be a 2 bedroom dwelling with the required deed
restriction.
The Board reviewed the information that was presented and the recommendation letter from Health
Agent Bryan Besso. After the review of the information, the Board voted the following:
Mr. King motioned to approve the Local Upgrade and Variance as presented. Vice Chairman Whittemore
seconded. Chairman Flanagan, Vice Chairman Whittemore and Mr. King in favor.
BOH April 30, 2018 Minutes
Approved May 14, 2018 Page 2
2nd Tobacco Violation Hearing/Hopkinton Wine & Spirits/Mgr Mr. MacNeill & Owner Mr. Patel
Present: Charles MacNeill, Manager
Mr. McAuliffe informed the Board that our local Tobacco Compliance Inspector conducted a sting
operation on April 7, 2018 of all the tobacco vendors in Hopkinton. Hopkinton Wine & Spirits sold a
tobacco product to the underage person. This violation is the 2nd within 12 months for this vendor and
the violation comes with a $200 fee and suspension of their tobacco license for 7 days.
Mr. MacNeill apologized profusely to the Board regarding the 2nd Tobacco Violation and said that he does
not have any explanation as to why the long time employee sold the product to the underage person. He
also stated that the $200 violation fee was paid.
The Board expressed their concern to Mr. MacNeill regarding the 2nd violation and strongly requested
that his employees be re-trained. Mr. McAuliffe stated that there is an on-line tobacco training video and
suggested that Mr. MacNeill take advantage of video to re-train his employee. The Board directed Mr.
McAuliffe to explain the process of suspending Hopkinton Wine & Spirits’ tobacco license.
Mr. McAuliffe informed Mr. MacNeill that all tobacco products need to be removed from the premises
(placed in basement) and that their tobacco license is suspended for 7 days and sited the local Smoking &
Tobacco sections of the violations. The suspension will start on Wednesday May 2nd; therefore, all of the
product will need to be moved on Tuesday, May 1st, and that the 7 day suspension will end on
Wednesday, May 9th. Either he or Ms. LaRoche will visit the store on Wednesday, May 2nd to confirm that
the product has been taking off the floor and to retrieve their tobacco license.
Mr. MacNeill affirmed that he would not be available until 1:00 p.m. and requested that Mr. McAuliffe and
Ms. LaRoche arrive shortly after that. He also voiced his concern with the cigar humidor being too big to
move to the basement and offered to cover it up. Mr. MacNeill declared that he would post appropriate
signage announcing that the store will not be selling tobacco products.
The Board, Mr. McAuliffe and Ms. LaRoche agreed on the change of time frame and to have the cigar
humidor stay on the premises covered up as offered by Mr. MacNeill.
The Board informed Mr. MacNeill that on April 30th, at a public hearing, the Board approved increasing
the tobacco selling age from 18 to 21 and that this regulation will take effect on July 1, 2018.
Ms. LaRoche requested that Mr. MacNeill submit written notification confirming that he has re-trained his
staff in the selling of tobacco products prior to May 9th. Mr. MacNeill verified that he will submit written
notification of the employee re-training and requested a copy of the local Smoke & Tobacco regulations to
be emailed to him. Ms. LaRoche acknowledged Mr. MacNeill’s request.
BOH April 30, 2018 Minutes
Approved May 14, 2018 Page 3
Request for an External Grease Trap Variance Metrowest YMCA/Jeanne Sherlock, Chief Operating
Officer
Present: Jeanne Sherlock and David Pietrowicz
Ms. Sherlock requested a variance, under the Title 5 State Environmental Code 310 CMR 15.000, for an
External Grease Trap at the Metrowest YMCA proposed teaching kitchen.
She explained that the kitchen will be used limited throughout the day, for cooking classes and summer
camps to teach the basics of cooking. The kitchen will not be equipped with a fryer and will operate as a
child care snack storage and preparation. Ms. Sherlock also voiced that there will be an indoor grease
trap and that the kitchen is neither residential or is similar to the kitchen use and flow as described in
310 CMR 15.230; therefore, the Metrowest YMCA would like to request a variance from this regulation.
Mr. King motioned to approve the External Grease Trap Variance under the Title 5 State Environmental
Code 310 CMR 15.230, as presented. Vice Chairman Whittemore seconded. Chairman Flanagan, Vice
Chairman Whittemore and Mr. King in favor.
Request for a Room Count Variance from Title 5 Septic Requirements/1 Honeysuckle Circle
Mr. Chris Gildea
Present: Chris Gildea
Ms. LaRoche clarified to the Board that this request is for a Room Count not a Bedroom Count Variance
as stated on the Agenda. She apologized for the typo.
Mr. Gildea requested the Board’s approval of a Variance under the Title 5 Room Count Environmental
Code. He explained that due to the finished basement he is now over the allowed rooms under Title 5 and
would like relief for the dining and living room decorative columns due to the columns not meeting the
required room opening of the local regulations of 8 feet of “clear opening” and or a minimum of 40% of a
shared wall to include two adjacent rooms to be counted as one room. Mr. Gildea noted that by allowing
this variance it will place the home as a 9 room 4 bedroom septic system. He also stated that the
property already has a 4 bedroom deed restriction and that the Health Agent Bryan Besso has
recommended this variance.
The Board discussed and reviewed the materials presented along with the Health Agent Bryan Besso’s
letter of recommendation and voted the following:
Mr. King motioned to approve the room count variance as requested and noted that the property is now
in conformance having the appropriate allowable room count of 9 rooms 4 bedroom septic system with a
4 bedroom deed restriction. Vice Chairman Whittemore seconded. Chairman Flanagan, Vice Chairman
Whittemore and Mr. King in favor.
Tobacco Sale to Minors Local Violations
Mr. McAuliffe presented the following two additional tobacco sale violation notices to the Board for their
review. He informed them that these violations where the vendor’s first time for a non-criminal violation
fee of $100, which have already been paid:
Hopkinton Gas (Irvine)
BOH April 30, 2018 Minutes
Approved May 14, 2018 Page 4
Cumberland Farms #0208
Request to Approve Meeting Minutes of April 9, 2018
Ms. LaRoche requested the Board’s approval of the April 9, 2018 meeting minutes. Chairman Flanagan
requested a correction to be made under the Board of Health Meeting Dates section; June 8, 2018 be
changed to June 18, 2018. Ms. LaRoche acknowledged the request.
Mr. King motioned to approve the Meeting Minutes of April 9, 2018 with Chairman Flanagan’s requested
correction as stated. Chairman Flanagan seconded. Chairman Flanagan and Mr. King in favor.
BOH March Fiscal Year 2018 Expense Budget
Ms. LaRoche offered the Department’s March Fiscal Year 2018 Expense Budget for their review.
Request to Approve Tobacco Compliance Contractor Invoice
Ms. LaRoche requested the Board’s approval for the Tobacco Compliance Contractor’s Invoice in the
amount of $232.66
Vice Chairman Whittemore motioned to approve the Tobacco Compliance Invoice in the amount of
$232.66, as presented. Mr. King seconded. Chairman Flanagan, Vice Chairman Whittemore and Mr. King
in favor.
Request to Approve BOH Director April 2018 Mileage Invoice
Ms. LaRoche requested the Board’s approval for Mr. McAuliffe’s April 2018 mileage invoice in the amount
of $165.68. Mr. McAuliffe informed the Board that this mileage is for his travel to the Soil Evaluators
Training in Acton Massachusetts.
Mr. King motioned to approve Mr. McAuliffe’s April 2018 mileage invoice in the amount of $165.68.
Chairman Flanagan seconded. Chairman Flanagan, Vice Chairman Whittemore and Mr. King in favor.
Request to Approve GeoLabs Invoice
Mr. McAuliffe requested the Board’s approval for the GeoLabs Invoice in the amount of $850.00 for air
sampling that was conducted.
Vice Chairman Whittemore motioned to approve the GeoLabs Invoice in the amount of $850.00, as
presented. Mr. King seconded. Chairman Flanagan, Vice Chairman Whittemore and Mr. King in favor.
Request Approval of the Marijuana Establishment Permit Operation Regulation and Approval to
Proceed with a Public Hearing
The Board requested to table this item after the Annual Town Meeting due to the Marijuana
Establishment and the Marijuana Prohibition Articles on the Warrant.
Request Approval to Proceed with a Public Hearing for the Portable Toilet Local Regulation
The Board requested to table this item to their June 4th meeting or earlier.
BOH April 30, 2018 Minutes
Approved May 14, 2018 Page 5
Director’s Report
Mr. McAuliffe updated the Board with the following items:
Tobacco Outreach - The BOH, Wellness Committee, Youth and Families, and representatives of
the High School are finalizing a program for the vaping lecture to be held at the High School on the
evening of May 21, 2018. The Director is reaching out to local media outlets for coverage and to
drive attendance.
Grant Work – The Health Director has submitted an application to the Foundation for MetroWest,
seeking $5,500 in childhood hunger support and for reusable bags. The Health Director is seeking
grant support for Tick-borne illness and awareness programming that the Director and intern will
develop.
Intern – The Massachusetts Department of Public Health has partnered a public health student to
intern with the Department. The candidate, Nicole Nelson, is currently enrolled in a graduate
program at the Tufts School of Veterinary Medicine in North Grafton, MA. She is specializing in
zoonotic disease.
Department Digitization – The Department continues to explore opportunities to improve
accessibility and turnaround for file and permitting review. The Director will be reaching out to
vendors servicing other local Boards for product demonstrations.
Regulation Update – The Director has ordered new tobacco signage reflecting the recent
regulatory change to the tobacco regulation. The signage and copy of the regulation will be
distributed to the 9 tobacco vendors in the community.
Nursing – The Director continues to secure nursing services for the Department. The Director
will be reaching out to other local Boards in an effort to obtain a grant to establish a regional BOH
nursing program.
Professional Development/Meetings – The Health Director has completed the classroom
portion of the Title 5 Soil Evaluator Certification course. The Director will be attending a Private
Well Workshop on May 3, 2018.
Funeral Homes – Although the Commonwealth oversees inspection of the local funeral homes,
the Department remains the local permitting authority. Permits have been issued to the facilities.
ADJOURN: Vice Chairman Whittemore motioned to adjourn the Board of Health Meeting at 7:50 p.m.
Chairman Flanagan seconded. Chairman Flanagan, Vice Chairman Whittemore and Mr. King in favor.
Respectfully Submitted,
Nidia Ruberti LaRoche
Board of Health Administrative Assistant