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BOH November 7, 2016 Minutes
Approved November 28, 2016 Page 1
BOARD OF HEALTH
Town of Hopkinton, Massachusetts
18 Main Street, Lower Level
Monday, November 7, 2016 at 5:30 p.m.
MINUTES
Members Present: Chairman Jennifer Belesi, Vice Chairman Philip Cohen and
Ms. Jennifer Flanagan
Also Present: Edward Wirtanen, Board of Health Director
Absent:
Late Arrival: Jennifer Flanagan-5:50pm; Vice Chairman Cohen-5:51pm
Early Dismissal:
The meeting was called to order at 5:51 p.m. by Vice Chairman Cohen.
Request to Approve Board of Health Meeting Minutes
Mr. Wirtanen requested that the Board approve the following meeting minutes:
October 17, 2016
Ms. Flanagan motioned to approve the meeting minutes of October 17, 2016. Vice Chairman Cohen seconded.
Chairman Belesi, Vice Chairman Cohen and Ms. Flanagan in favor.
Board of Health Director’s Performance Review
Vice Chairman Cohen stated that he has not completed Mr. Wirtanen’s performance review and apologized for
his delay. He said that he will present it at the Board’s next meeting.
Contractual Food Inspector-Update
Mr. Wirtanen included a copy of the contractual Food Inspector’s advertisement (deadline of November 14,
2016) for the Board’s review. He informed them of a potential applicant who is a nurse major that has indicated
an interest in the food inspector’s job. Mr. Wirtanen elaborated that this person is not ServSafe certified and
will need to go for training and certification.
Ms. Flanagan announced that she knows of an individual who has been the Food Inspector for the Military and
the City of Newton for 15 years and will encourage the individual to apply for the position.
Mr. Wirtanen also notified the Board that at the next Board’s meeting he will have a summary of the proposed
Food Code Regulations from the Commissioner of Public Health’s Office. Changes to those facilities (i.e.
church kitchens) which will no longer be regulated with be included.
Fiscal Year 2018 Budget
Mr. Wirtanen advised the Board that the proposed budget will be a level funded budget that must be submitted
on December 1, 2016.
Office of Local & Regional Health Announcement
Mr. Wirtanen announced that Ron O’Connor has been promoted to serve as the Director of the Office of Local
& Regional Health (OLRH) at the Department of Public Health. He said that Mr. O’Connor was the interim
Director before his promotion.
BOH November 7, 2016 Minutes
Approved November 28, 2016 Page 2
Cultural Awareness Training
Mr. Wirtanen informed the Board that the Human Resources Department is presenting, to all town employees, a
two session Cultural Competence Awareness Educational Training on November 29th.
Statewide Homeland Security Conference
Mr. Wirtanen notified the Board of the Statewide Homeland Security Conference which will be held on
Tuesday, December 6, 2016 from 9-4 p.m., in Norwood Massachusetts. The deadline for registration is
Wednesday, November 23, 2016. He also indicated that the regional Board of Health Emergency Preparedness
has been transferred to the Health and Medical Coordinating Coalitions. The hospital coordinator is the Everett
Hospital located outside of Boston. Mr. Wirtanen also said that he has briefly spoken with Fire Chief Salsman
in regards to creating a Community Emergency Response Team (CERT) but has not been able to fully discuss
the details with him due to his hectic schedule but will continue to reach out to him in the near future.
Board of Health October Expense Budget
Mr. Wirtanen updated the Board on the department’s October expense budget and noted that the department’s
total expenses for October came to $3,427.00
Payroll Authorization
Mr. Wirtanen requested Chairman Belesi’s signature for his payroll authorization for the following weeks :
≈ November 7-12, 2016
≈ November 14-19, 2016
≈ November 21-26, 2016
Chairman Belesi signed Mr. Wirtanen’s payroll as requested.
Public Comment (Members of the community are invited to share ideas, state opinions or ask questions)
None
Status of Approved Bedroom Restriction Recording/21 Cunningham Street/Peter Edwards
Ms. LaRoche provided an update that Mr. Edwards filed the requested deed restriction on November 4, 2016.
Request for a Deed Restriction/13 Stonegate Road/Joseph & Katherine Skelly
According to the Hopkinton Assessor’s description, this property is a 10 room, 4 bedrooms(s), with 2.5
bathroom(s) home with an existing 4 bedroom septic system built in 1993. The property is approximately
45,000 square feet, has a private well and is also subject to Nitrogen Loading Limitations. The Building Permit
Plan Review was denied due to the Title 5 Room Count Definitions of having more than 9 rooms (310 CMR
15.000 State Environmental Code) for the size of the septic system, the Hopkinton Board of Health Room
Definitions and the Nitrogen Loading Limitations. Also, when the property was transferred in 2009 the
department did not receive a copy of the required water quality report.
Mr. Skelly explained that the currently has a 3 season porch and would like to convert it into a heated 4 season
porch and is offering a deed restriction to be able to do that. The Board explained to Mr. & Mrs. Skelly the
Title 5 Room Count Definitions and the Board of Health’s Room Count Regulations and its enforcement role.
The Board proceeded to count the rooms and noted that Mr. Skelly did not submit his basement floor plan.
Chairman Belesi asked Mr. Skelly if the basement was finished; Mr. Skelly replied that it was and that it has 2
rooms with a door dividing them. Chairman Belesi requested that a floor plan design of the basement be
BOH November 7, 2016 Minutes
Approved November 28, 2016 Page 3
submitted to the office and to have Mr. Wirtanen confirm the number of rooms. The Board also asked if the
room off the master bedroom is a room or closet. Mr. Skelly replied that it is a closet.
The Board continued their room count discussion with Mr. & Mrs. Skelly in regards to the kinds of septic
systems and the monitoring of their well water. During this discussion Vice Chairman Cohen asked how often
they monitor their well water; Mr. Skelly answered that they conduct a water test every year. The Board noted
that Mr. & Mrs. Skelly’s room count now stands (without the porch being counted or the two rooms in the
basement) at 4 bedrooms, 8 rooms; with the confirmation of the basement rooms the count will be 4 bedrooms,
10 rooms and with the 4 season room being constructed the count will be 4 bedrooms, 11 rooms. The Board
also informed Mr. & Mrs. Skelly that the following vote will be contingent upon the delivery of the basement
design plans, a current water quality test report, the recording and delivery of the 4 bedroom deed restriction
and that when the current septic system fails the new system will need to be replaced with an Innovative
Alternative System as per the Nitrogen Loading Limitations and further stated that the owners have 30 days to
file the deed restriction. The Building Permit Application will not be approved from the Board of Health until
all of what is requested is completed. The Skelly’s agreed with the Board’s statement and requests.
Vice Chairman Cohen motioned to approve the deed restriction to allow the construction of a heated 4 season
porch for a count of 4 bedrooms, 11 rooms for 13 Stonegate Road, contingent upon the delivery of the basement
design floor plans, a current water quality test report, confirmation of two rooms in the basement, the delivery
and recording of the 4 bedroom, 11 room deed restriction and when the current septic system fails the new
system will need to be replaced with Innovative Alternative System per the Nitrogen Loading Limitations and
further voted that the owners have 30 days to file the deed restriction. The Building Permit Application will not
be approved from the Board of Health until all of what is requested is completed. Chairman Belesi seconded.
Chairman Belesi, Vice Chairman Cohen and Jennifer Flanagan in favor.
Director’s Report
2 Parker Point Road (Lopresti)-Mr. Wirtanen informed the Board that Mr. Lopresti, via email, submitted
notification from Dan McIntyre, Design Engineer, with his opinion, regarding the tank’s structural integrity,
tank’s accessibility and a sketch of the tank’s location on October 27, 2016. The structural integrity information
submitted by Mr. Lopresti is not by a Certified Structural Engineer nor did he submit a plot plan from a
Registered Land Surveyor (R.L.S.) as requested at the Board’s meeting of September 12, 2016 and their letter
of October 31, 2016. Mr. Wirtanen also indicated that Mr. Lopresti’s email was forwarded to Town Counsel.
The Board held a discussion of the particulars of what was submitted by Mr. Lopresti and what was discussed at
their Board meeting of September 12, 2016 and what was requested in their letter to him of October 31, 2016.
After a lengthy discussion, the Board’s consensus is to accept Mr. McIntyre’s letter (noting that Mr. McIntyre is
not a Certified Structural Engineer) pointing out that his evaluation is only for, part of the tank (evaluation was
requested for the entire tank), does not provide a guaranty that the septic tank’s structural integrity is not
compromised only that the tank is accessible for maintenance and that there is no excessive loading on the tank
from the stair landing or porch foundation. In addition, the Board still waits for the Registered Land Surveyor’s
certification establishing the border lines and the extent of the wall(s) into the right of way as instructed in their
letter to Mr. Lopresti dated October 31, 2016 and also stated that the Board will hold further action on his
request until the certified plot plan is by a R.L.S. is submitted to the department and their review.
The Board voted to accept Mr. McIntyre’s letter (noting that Mr. McIntyre is not a Certified Structural
Engineer) pointing out that his evaluation is only for, part of the tank (evaluation was requested for the entire
tank), does not provide a guaranty that the septic tank’s structural integrity is not compromised only that the
tank is accessible for maintenance and that there is no excessive loading on the tank from the stair landing or
BOH November 7, 2016 Minutes
Approved November 28, 2016 Page 4
porch foundation, further voted, for Mr. Lopresti to submit the Registered Land Surveyor’s Certification
establishing the border lines and the extent of the wall(s) into the right of way as instructed in their letter to him
dated October 31, 2016 and that the Board will hold further action on his request until the certified plot
plan by a R.L.S. is submitted to the department for their review and further so voted to have Mr. Wirtanen
relay their declaration to Town Counsel to prepare a response to Mr. Lopresti and have the Board review it.
Spotlight on Water-Mr. Wirtanen reported to the Board that he and DPW Manager John Westerling attended the
Spotlight on Water Forum, a e-Hop Program, on Friday, October 28th at 10:00 am at Bittersweet to discuss the
drought, public & private water, water ban and the future of Hopkinton’s water supply. The forum was very
well attended and very informative. Some highlights that Mr. Wirtanen noted wee discussions of the volume of
water that will continue to be purchased from the Town of Ashland to help with the Town’s water shortage,
water being supplied to new developments instead of problem areas already in town and the future water
treatment and overall growth direction for the Town of Hopkinton.
Start Line Brewing Company-Mr. Wirtanen stated that the application for the brewing company’s pouring
permit is under the Board of Selectmen’s review and reminded the Board that this facility is under the Federal
and State permitted system due to the brewery operating under a Farmer Brewery License -there is no local
oversight by the Board of Health. The facility is located inside Water Fresh Farms. He said that the license, if
approved, will sell to retail stores who will resale to the public. The operators have also applied for a pouring
license from the Board of Selectmen which would allow the brewery to serve the public at their operation.
Next Board Meeting(s)
November 28, 2016 at 5:30 p.m.
December 12, 2016 at 5:30 p.m.
ADJOURN:
Vice Chairman Cohen motioned to adjourn the Board of Health meeting at 7:00 p.m. Ms. Flanagan seconded.
Chairman Belesi, Vice Chairman Cohen and Ms. Flanagan in favor.
Respectfully Submitted,
Nidia LaRoche
Board of Health Administrative Assistant