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BOH November 2, 2015 Minutes Page 1
Approved November 16, 2015
BOARD OF HEALTH
Town of Hopkinton, Massachusetts
18 Main Street, 3rd Floor Meeting Area
Monday, November 2, 2015 at 7:00 p.m.
MINUTES
Members Present: Paul Winshman, Chairman and Jennifer Belesi, Vice Chairman,
Dr. Phillip Cohen
Also Present: Edward Wirtanen, Board of Health Director
Absent:
Late Arrival:
The meeting was called to order at 7:10 p.m. by Chairman Winshman
Request to Approve Board of Health Meeting Minutes
Mr. Wirtanen requested that the Board approve the following meeting minutes:
October 19, 2015
Vice Chairman Belesi motioned to approve the meeting minutes of October 19, 2015.
Chairman Winshman seconded. Chairman Winshman and Vice Chairman Belesi in favor.
Continued from October 19, 2015- Request Approval to Increase Room Count/ 35
Greenwood Road/Tania & Ian Lock
This is a continuance from the Board meeting of October 19, 2015.
Ms. Lock submitted a copy of the Building Department’s design floor plan for their home
to the Board of Health department on Friday, October 23, 2015 as discussed and agreed to
at the Board’s October 19, 2015 meeting. Chairman Winshman and Vice Chairman Belesi
come separately to review the plans as offered by them.
Mr. & Ms. Lock handed an appeal packet to the Board members for their review (attached)
and proceed to explain to the Board that they feel they have been treated unfairly and
requested clarification on the local regulations and Title 5 regulations. She stated that they
were told by the Health Agent to provide a sketch of their floor plans at the meeting of
October 19th and was then told by the Board that they needed an accurate/to scale set of
plans and that the Board would allow a CAD drawing of their home. Ms. Lock pointed out
that in the Board’s local regulations it states that a sketch is sufficient enough to present.
In addition, she also informed the Board that they have received conflicting information
from the Health Agent and the Board as to the process of obtaining a variance and the
definition of what is considered a room based on the Title 5 requirements and the local
regulations. Ms. Lock noted that copies of emails from the Health Agent and a copy of the
Board’s regulations Section 4.2.1.1 Single Family Residential Design Flow are attached to
in the appeal packet.
BOH November 2, 2015 Minutes Page 2
Approved November 16, 2015
Vice Chairman Belesi proceeded to explain the processed of what the Board of Health’s
regulations, the room definition, the Title 5 regulations and what the Board members duties
are to have the homeowner comply with all of the regulations when a homeowner is
increasing their room count.
Dr. Cohen introduced himself as being the third member that was not present at the
previous meeting and continued to explain that the laws of Title 5 are state laws and the
Board of Health regulations are local laws which are there to protect them and their
neighbors. He said that the Board has suggested various alternatives to them one of which
is to upgrade their septic system to avoid a deed restriction on their property.
The Board proceeded to review the floor plans and came to the following room count:
On the 1st floor 6 rooms-(the laundry maybe considered a room; however, the
Board’s consensus was that it would not be)
On the 2nd floor 4 rooms—for a total room count of 10 and the 7 foot 11 inch
opening between room would be considered an 8 foot opening.
Chairman Winshman asked the Locks if there were any finished spaces in the basement.
Ms. Lock said that they did not have any finished space in the basement.
Vice Chairman Belesi noted that the current Board has consistently allowed one additional
room with a deed restriction for other homeowners.
Ms. Lock requested that the Board consider easing the restriction and reconsider the
kitchen and family room (with the half wall) as one room instead of two. She said that this
appeal is based on that their neighbors, in the past, have had variances to their homes
without any restrictions or any type of orders from the Board of Health and feel that they
should be given the same treatment as them.
A lengthy conversation ensued regarding the Locks hesitation on what they need to do to
be in compliance with Title 5 and Board of Health regulations along with why they had to
concede with any of this when their neighbors did not. The Board also explained that the
members of this Board are not the same ones as before and that the room count definitions
did not become a local regulation until May of 2014.
Dr. Cohen noted that they have presented information that they are presently in violation of
the Title 5 regulations, a state law, and the local law and that the Board has clearly
explained what the laws are and what is needed for them to comply. He also stated that the
Board has tried tirelessly to come to a compromise with them and that they refuse to accept
the fact that they are in violation and refuse to compromise with any suggestions the Board
has given.
Dr. Cohen emphasized the fact that the Locks consider the options presented to them or
have the Board issue a decision on their behalf. He also noted that sooner or later their
neighbors, whoever they maybe, will come before the Board when renovating their homes
and they will also be presented with the same process and options that the Locks were
BOH November 2, 2015 Minutes Page 3
Approved November 16, 2015
presented with if their renovations places them in violation of the Title 5 and Board of
Health laws. Dr. Cohen also made it known that being the homeowner does not exclude
them from violating the law. The members reviewed the section of Title 5 regarding
rooms, room count and deed restrictions.
After a brief moment, Chairman Winshman asked the Board members if they would agree
to allow the Locks an 11 room count with a deed restriction.
A brief conversation developed in regards to Chairman Winshman’s suggestion. After the
conversation Vice Chairman Belesi noted that she does not feel comfortable approving,
and will abstain from the vote, an 11 room count when the Board has consistently
approved only a 10 room count with a deed restriction.
The suggestion was posed to the Locks and before they rendered their answer they voiced
their confusion with the two different types of deed restrictions that were explained to
them before by the Health Agent and Mr. Wirtanen. Mr. Wirtanen proceeded to explain
the differences between the Department of Environmental Protection’s (DEP) deed
restriction and the Board of Health’s deed restriction to the Locks. He noted that the
DEP’s deed restriction states that a person is able to remove the restriction only if the
property connects to the town’s sewer system. The Board of Health’s revision of the deed
restriction enables the owner to remove the deed restriction from their property once they
have upgraded their septic system to accommodate the number of bedrooms. He said that
the Locks would never be able to connect to the town’s sewer because it is and will not be
available at that section of town. Mr. Wirtanen also stated that the Locks should use the
Board of Health’s deed restriction so if they upgrade their septic system they will be able
to remove the deed restriction on their property as it would then be Title 5 compliant.
The Locks were amicable with Chairman Winshman’s suggestion and were glad to have
the differences of the deed restrictions explained by Mr. Wirtanen.
The Board voted the following:
Dr. Cohen motioned to approve the plans for construction of a 4 bedroom, 11 room count
renovation with a deed restriction. Chairman Winshman seconded. Chairman Winshman
and Dr. Cohen in favor. Vice Chairman Belesi abstained.
Request to Remove Deed Restriction-Renovation “After the Fact”/24 Granite
Street/Daniel Feheley
Present: Mr. Feheley, previous owner and Mr. McMann new home owner
Mr. Feheley introduced Mr. Robert McMann as the new home owner of 24 Granite Street
and presented the Board with a copy of their Purchase & Sale Agreement (attached).
Mr. Feheley requested that the Board rescind their previous vote of October 19, 2015 of
acquiring a deed restriction to restrict the property of no more than four (4) bedrooms. He
explained that this is a result of the Building Inspector’s decision, after his inspection, that
only one room in the basement maybe permitted and that the second room is to be used as
“cold dry storage space”.
BOH November 2, 2015 Minutes Page 4
Approved November 16, 2015
Mr. Feheley stated that by this new development the permitting of only one room drops the
room count to nine (9) which brings the property into compliance with the Title 5
regulations.
Vice Chairman Belesi motioned to rescind the Board’s previous vote for 24 Granite Street
taken on October 19, 2015 as requested. Chairman Winshman seconded.
Chairman Winshman, Vice Chairman Belesi and Dr. Cohen in favor.
Open Session (Unanticipated Topics)
None
Submitted Fiscal Year 2017, 2018 & 2019 Preliminary Board of Health Budget-
Capital Projects, 5 Year Plan
Mr. Wirtanen informed the Board that he has submitted the FY2017, 2018 & 2019
preliminary Board of Health budget as discussed at their previous meeting of October 19,
2015 which included the following:
o Increase salary due to merit raise implementation
o Increase money for the food inspections
o Added money to scan and evaluate the BOH records into an electronic
venue
o Capital Projects (5 Year Plan) - to be reunited with the department’s records
in this building or seek another location to accommodate department’s
records.
Informational Correspondence
Mr. Wirtanen informed the Board that the following is for their information, review and/or
action:
Application for Community Septic Management Loan Program (CSMLP)
For 3 Gibbon Road-Mr. Jonathan Schuster
Mr. Wirtanen requested the Board’s action for the CSMLP for 3 Gibbon Road for a
upgrade to his failed Title 5 septic system. Mr. Schuster is requesting septic installation
funding only.
Vice Chairman Belesi motioned to approve the CSMLP for 3 Gibbon Road-Jonathan
Schuster for the funding of the septic installation portion only. Dr. Cohen seconded.
Chairman Winshman, Vice Chairman and Dr. Cohen in favor.
Payroll Authorization
Mr. Wirtanen requested Chairman Winshman’s signature and payroll authorization for the
following weeks:
≈ November 9-14, 2015
≈ November 16-21, 2015
Chairman Winshman signed Mr. Wirtanen’s payroll as requested.
BOH November 2, 2015 Minutes Page 5
Approved November 16, 2015
**At this point Vice Chairman Belesi motioned to put the rest of the New Business items
onto the Old Business section of the next Board of Health Meeting. Dr. Cohen seconded.
Chairman Winshman, Vice Chairman and Dr. Cohen in favor.
ADJOURN:
Dr. Cohen motioned to adjourn at 9:20 pm. Chairman Winshman seconded.
Chairman Winshman, Vice Chairman Belesi and Dr. Cohen in favor.
Respectfully Submitted,
Nidia LaRoche
Board of Health Administrative Assistant