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May 2015
TOWN OF MILLIS
BOARD OF HEALTH
Minutes of Meeting May 11, 2015

         A meeting of the Board of Health was held on Monday, May 11, 2015, at the Veterans Memorial Building, Room #213, Millis, Massachusetts.  Present were Barbara Thissell, Director; Kathleen Lannon, Chairwoman; Bonnie Hilton and Brian Hoell, Board Members; and Vickie Philben, Administrative Assistant.

        Also present:  Robert Pettis; regarding Hickory Hills Development
                        Tom Roche; 11 Cedar Street
                        Alyson Murray and Gregory Bunavicz, P.E.; 285 Village Street
Dick DeBenedictis, P.E.; Farm Street, Lot 5     

        Ms. Hilton moved to open the Millis Board of Health meeting at 7:00 p.m.  
        It was seconded by Mr. Hoell.  It was voted 3-0 to open the meeting.                                

Administrative Business:

Approval of Minutes:

April 13, 2015 – It was moved by Mr. Hoell and seconded by Mrs. Lannon to approve the April 13, 2015 minutes as amended.  Mrs. Lannon, Ms. Hilton, and Mr. Hoell voted affirmative, 0 negative.

Nurse’s Report:  The monthly report of the Public Health Nurse was reviewed.  

New Business:  
  • Food Recalls – see attached.
  • Food Inspections – Ms. Thissell summarized food establishment inspections completed since April 13, 2015:
  • Victory Lane – April 21 and 28, 2015.
  • Baseball Concession Stand (pre-season) – April 22, 2015.
  • Jalapa’s Mexican Grill – April 22, 2015
  • Budabing’s – April 23, 2015.
  • Clyde Brown School – April 27, 2015.
  • Black Cow (pre-season) – April 27, 2015
  • Temporary Food Event Permits – The Board suggested that the Department re-initiate its policy of lending food thermometers to event organizers serving time/temperature sensitive foods.  The Director will order low cost thermometers, if necessary.  A small returnable deposit may be required to assure the return of the borrowed thermometers.
  • John Kubacki Memorial Chili-fest
  • Medfield Coalition Fundraiser for Public Education
  • AAA & Majors Softball Games
  • Millis Youth Baseball Concession Stand
  • Summer Concert Series Bake Sale
  • Girl Scout Bake Sale
  • Charles River Chorale Bake Sale
  • Annual Potluck Supper & Talent Show @ Clyde Brown
  • Crawfish Cookout @ Amvets
  • Septic Improvements – Ms. Thissell summarized ongoing septic system improvements and/or inspections completed since April 13, 2015:
  • Title 5’s:
  • 29 Walnut Street – Passed April 23, 2015
  • 42 Village Street – Passed April 23, 2015
  • Soil Test:
  • 109 Acorn Street
  • Septic System Inspections:
  • 41 Beech Street – reviewed 4/16, revisions needed
  • 45 Beech Street – reviewed 4/16, revisions needed
  • 49 Beech Street – reviewed 4/16, revisions needed
  • 84 Orchard Street – Innovative/Alternative (I/A) inspection completed 2/5/15
  • 1 Beech Street – tank inspection 4/16
  • 116 Cottage Street – lower prop system 1 foot ok’d 4/17
  • 37 Beech Street – reviewed 4/17, revisions needed
  • 33 Frontier Lane – reviewed 4/17, revisions needed
  • 116 Cottage Street – excavation inspection 4/22
  • 285 Village Street – septic system repair re-submitted 5/5, local upgrade request required
  • 13 Cedar Street – Perc Rite Innovative Alternative (I/A) contract received 4/28
  • 29 Walnut Street – 4/23 D-box was repaired with levelers and Title 5 was completed with “Pass” determination.  4/29 Ms. Thissell inspected d-box and concurred with d-box assessment.
  • 12 Clark Street – D-box install inspected 5/8
  • Septic System Exam created
  • Various Complaints
  • Documentation received on 4/23 from Stoney Brook that Corrective Orders from Board of Health have been completed.
  • Theresa Bonzy of 946 Main Street came into office on 4/23 to complain about the placement of a port-a-potty on the Clyde Brown school property.  The port-a-potty that will be used this summer by children attending recreational camps was approximately 3’ from the property line.  The concerned was the aesthetics and odor of the unit.  At the request of the Board of Health, the port-a-potty was relocated away from the property line.
  • Jean Riggs, 109 Acorn Street – In a letter dated April 8, 2015, Ms. Jean Riggs states that her property at 109 Acorn Street is not draining properly due to recent site improvements on adjacent property, 110 Acorn Street.  The complaint was addressed to the building Inspector with the Board of Health receiving a copy.
  • Andrea McNaulty and Gary Wright, 163R Curve Street, called on May 11, to report a housing complaint.  Ms. Thissell inspected on May 11, 2015.  Correction Orders will be issued to fix several issues found in the pantry.
  • License Received/Issued:
  • Irving Trucking – Septic Installer – issued
  • Rodenhiser Excavating – Septic installer – issued
  • Roche’s Building – Septic Installer – issued
  • Sam’s Ice Cream – Seasonal Catering – issued
  • Tresca Bros - 10-Day Emergency Beaver Permit – issued
  • Food Inspector Replacement – Ms. Cheryl Kelly submitted on April 29, 2015 a letter of resignation effective June 1, 2015.  She has been the Millis Food Inspector for over thirteen years and the Board thanks her and wishes her well.  
  • Tobacco 21 – Ms. Thissell reviewed the Tobacco 21 information provided by Dr. Lester Hartman on April 28, 2015.  Ms. Thissell also distributed Draft Tobacco Regulations that are based on regulations adopted by the Natick Health Department in April 2015.  The Board will discuss the Draft Tobacco regulations during its next meeting on June 15, 2015, and vote on the regulations during the meeting on July 20, 2015.  Dr. Hartman and Attorney Cheryl Sbarra will be invited to both meetings.  The Millis School community has been informed of the Tobacco Control initiative and will be encouraged to attend the meetings.  Tobacco retailers will also be invited to the July 20, 2015 meeting.  The July 20, 2015 meeting will be advertised on local cable television and in the local newspaper.
Other:  
  • Mr. Sgourakes, Bullard Lane – The Board read the email dated April 14, 2015 from Mr. Sgourakes to the Town of Millis Board of Health regarding ‘Meeting Subject 04-13-2015’.
  • Board of Health Chairman – Mrs. Lannon made a motion for Ms. Hilton to be the Chairman of the Board of Health from May 2015 to May 2016.  Mr. Hoell seconded the motion.  It was voted 2-0 for Ms. Hilton be Chair of the Board of Health from May 2015 to May 2016.  Ms. Hilton abstained from the vote.
Ms. Hilton informed the Board that congratulations are due to Mrs. Lannon and Mr. Hoell who were both elected to continue serving the Board of Health.
  • Scheduled Days Off – Mrs. Philben informed the Board that she will take Personal Days off on August 5 and 6, 2015, and she will take a vacation week from September 14-18, 2015.
  • Millis Beautification Day – Ms. Hilton informed the Board that Millis Beautification Day, on May 9, 2015, went well and she appreciated the resources made available by the Health Department.
  • Hickory Hills – Mr. Robert Pettis came to the Board of Health meeting to inquire about sediment he observed on Acorn Street and nearby wetlands coming from Hickory Hills.  The Board informed him that the developer is working to stop the issue and Conservation Commission will determine wetland impacts.
  • 299 Village Street - Verbal Complaint – Mr. Hoell informed the Board that 299 Village Street has trash overflowing, the fence is falling, and there are critters on the premises.  The Director will follow up.
  • Pick’n’Pull – Mr. Hoell stated that Pick’n’Pull is no longer in business in Millis.
Scheduled Public Hearings & Discussions:

        7:30 p.m. – 9 & 11 Cedar Street; discussion regarding driveway surface - Present was Mr. Tom Roche.  Mr. Roche requested permission from the Board to install a driveway with standard pavement, as opposed to pervious pavement which had been approved by the Board in its Environmental Health Impact Report (EHIR) permit which was issued on June 14, 2006. Mr. Roche believed that the use of standard pavement was allowed by the Board because the approved septic plan proposed standard pavement.  The Board determined that the prior Director’s approval of a septic plan with information contrary to the EHIR permit does not amend the EHIR permit.  The Board requested updated drainage calculations to support the proposed change.  Pending the Director’s review, the Board will allow the amendment to the Cedar farms EHIR Permit for lot 1A and lot 2A.

        7:45 p.m. – 285 Village Street; septic local upgrade requests – Present was Alyson Murray, owner of 285 Village Street and Greg Bunavicz, Engineer, PE of Borderland Engineering.  Mr. Bunavicz presented the septic system plan and requested the following variances due to the unique site conditions including but not limited to lot configuration and the presence of extensive ledge outcroppings:  

        Local Upgrade Approval Requests:
1.  15.405(1)(a) Reduction of system location setbacks otherwise established in 310CMR15.211 from 10-feet to 5-feet.  
2.  15.405(1)(h) Reduction of vertical separation of the bottom of the stone underlying the soil absorption system from 5-feet in soils with a recorded percolation rate of less than two minutes per inch to 4-feet.  
3.  15.405(1)(b) Increase the maximum of the allowable depth of system components required by 310CMR15.221(7) from 36 inches to 48 inches below finish grade, provided that adequate venting and adequate access are provided and H20 loading is provided for all system components.  

        Millis Board of Health variance requests:
        CH. 111 Sec. 31 General Bylaws (5) Septic Tank Leaching and Design:
(F)  Reduction of the required distance from the septic tank to the boundary line from 15-feet to 12-feet.
(G)  Reduction of the required distance from the leaching facility to the boundary line from 20-feet to 5-feet.
(I)  Increase the maximum depth of cover material, including top soil, over a soil absorption system from 3-feet to 4-feet.  

Mrs. Lannon made a motion to approve the Local Upgrade Approval Variance Requests and the Millis Board of Health Variance Requests for 285 Village Street with conditions as stated above.  Mr. Hoell seconded.  The vote was 3-0 to accept the variances requested.

        8:00 p.m. – Lot 5 Cedar Farms; septic local upgrade request – Present was Dick DeBenedictis, PE, DeBenedictis-Peterson Associates.  Mr. DeBenedictis requested a waiver to allow the use of soil testing that was completed more than five years ago at Cedar Farms Lot 5.  Under local regulations, soil testing is valid for five years from the date of the testing.  The Board reviewed the septic plans and found that there was only one percolation test performed in the location of the proposed system.  One additional percolation test is required.                      

Mrs. Lannon made the motion to allow the waiver permitting use of soil tests that had been completed more than five years ago, noting that one additional percolation test must be performed.  Mr. Hoell seconded the motion.  Vote 3-0 to grant the waiver.

        8:15 p.m. – 725 Main Street; floor drains – On May 4, 2015, Ms. Thissell and Mrs. Lannon met with Sven Myrberg (Farm Manager) and Dean Falcone (Scientist) of Pure Genius Foods.  During that meeting, Mr. Myrberg stated that it had been determined that the floor drains discharge into the stormwater system.  Because the discharge of floor drains into the drainage system is prohibited by law, it was agreed that the business will temporarily discharge used water to an on-site 4,000-gallon holding tank and pump it into the municipal sewer system periodically.  Ms. Thissell and Mr. McKay (Asst. Director for Department of Public Works) will inspect the proposed temporary discharge system periodically until a permanent connection to the sewer system is established.

Next Scheduled Meeting:  Monday May 11, 2015 at 7:00 p.m.

At 9:13 p.m.  Mr. Hoell moved to close the May 11, 2015 Board of Health meeting.  Ms. Hilton seconded the motion.  The Board voted unanimously to close the hearing, 3-0.

Respectfully Submitted,



Vickie L. Philben
Millis Board of Health
Administrative Assistant

Documents and Submittals of Meeting:

  • Meeting attendance sheet dated May 11, 2015
  • Detail Discussion dated May 11, 2015
  • Food Recalls between April 13 to May 11, 2015
  • Public Health Nursing Report April 10 to May 7, 2015
  • An email dated April 14, 2015 from Mr. Sgourakes to the Town of Millis Board of Health regarding ‘Meeting Subject 04-13-2015’.