By the Division of Professional Licensure




MARCH 30, 2011 BOARD AGENDA

9:00 A.M. AGENDA REVIEW: By Chairman Paul Kennedy

Egress & Cell Phones

9:05 A.M.: APPROVAL OF PREVIOUS MEETING MINUTES:

  • The March 2, 2011 Board Meeting Minutes
  • The March 2, 2011 Executive Session Meeting Minutes

VARIANCE REQUESTS:

VR1) VERITAS ACADEMY - 2 OAK STREET - CENTERVILLE

The Petitioner (Albert Freeman) requests a variance from 248 CMR (Code of Massachusetts Regulation) 10.00, the Uniform State Plumbing Code, Section 10.10 (18) (h) and Table 1. The petitioner proposes installing 2 designated handicap accessible restrooms, which meet the student load. The petitioner seeks a waiver for the requirement of Staff restroom facilitie. The Barnstable Board of Health is not opposed to the granting of this variance request. Correspondence from Edward Jenkins, Centerville Plumbing and Gas Inspector was received on March 10, 2011. Mr. Jenkins recommends the installation of two handicap accessible toilet rooms for staff.

VR2) STREET RETAIL LLC - 15 STURTEVANT STREET - SOMERVILLE

The Petitioner (Ms. Alison Mosle,) requests a variance from 248 CMR (Code of Massachusetts Regulation) 10.00, the Uniform State Plumbing Code, Section 10.10 (18) (e) 3 and Table 1. The petitioner states the building is modular construction and as such was inspected by a Third Party. The Somerville Board of Health and Plumbing Inspector are not opposed to the granting of this variance request.

VR3) RESIDENCE - 145 CLYDE STREET - BROOKLINE

The Petitioner (Adolfo Perez, Architect) requests a variance from 248 CMR (Code of Massachusetts Regulation) 3.00 and 10.00, the Uniform State Plumbing Code, Section 3.04 (1) and 10.02 (26). Mr. Adolfo designed three custom concrete sinks with integral concrete countertops. The sinks are not Product Accepted for listing on the Boards website. The Brookline Health Department acting as the Board of Health has not objection to he request. The letter states the granting of the variance shall not conflict with any requirements of the ADA.

VR4) HARDINGS BEACH BATH HOUSE - HARDINGS BEACH ROAD - CHATHAM

The Petitioner (Brian kalinowski,) requests a variance from 248 CMR (Code of Massachusetts Regulation) 10.00, the Uniform State Plumbing Code, Section 10.06 (2) (o) 3. The petitioner states the building is subject to a salty environment and high waters of the beach. The request is to allow the use of PVC pipe and fittings in lieu of cast iron. The Chatham Board of Health has no concerns regarding the use of PVC or equivalent, with water tight joints for the building sewer to the septic tank.

VR5) DeMARCO'S RESTAURANT - 9 INDIA STREET - NANTUCKET

The Petitioner (Don DeMarco,) requests a variance from 248 CMR (Code of Massachusetts Regulation) 10,00, the Uniform State Plumbing Code, Section 10.10 (18) Table 1. The petitioner received approval to increase occupancy for an additional 20 seats to on the outside patio that was not previously used. This will increase the total occupancy from 80 to 100 patrons. Presently there is a unisex restroom on the 1 st and 2 nd floor of the restaurant. The Nantucket Board of Health takes no position of this request.

VR6) QUEST DIAGNOSTICS - 42 SUMMER STREET - PITTSFIELD

The Petitioner (Don Fitzgerald,) requests a variance from 248 CMR (Code of Massachusetts Regulation) 10.00, the Uniform State Plumbing Code, Section 10.10 (18) Table 1 to not require the installation of showers for this project. The Pittsfield Board of Health supports and endorses the request for a variance.

VR7a) VERIZON WIRELESS - 36 SULLIVAN ROAD - BILLERICA

The Petitioner (Paul Grimes,) requests a variance from 248 CMR (Code of Massachusetts Regulation) 10.00, the Uniform State Plumbing and Fuel Gas Code, Section 10.10 (18) to allow the installation of one restroom in the basement to accommodate technician working in the facility after hours. There is no access to the designated facilities located on the 1 st floor. The Billerica Board of Health recommends the granting of this variance.

VR7b) VERIZON WIRELESS - 36 SULLIVAN ROAD - BILLERICA

The Petitioner (Paul Grimes,) requests a variance from 248 CMR (Code of Massachusetts Regulation) 10.00, the Uniform State Plumbing and Fuel Gas Code, Section 10.15 (10) (a. thru c.). Due to a high water table the petitioner proposes to install a Liberty Low Pro 41-LP sewage ejector system to receive the discharge of the basement toilet and lavatory. The Billerica Board of Health recommends the granting of this variance.

VR8) MITRE CORPORATION - 202 BURLINGTON ROAD - BEDFORD

The Petitioner (John Sewell,) requests a variance from 248 CMR (Code of Massachusetts Regulation) 10.00, the Uniform State Plumbing Code, Section 10.10 (18) Table 1 to allow a reduced fixture count for the new building, presently under construction. The petitioner states the actual population for this three story building will be 330.. The Bedford Board of Health letter states the granting of this variance will not violate town's BOH ordinances or regulations.

VR9) UMASS LOWELL - LIBRARY LEARNING COMMONS - 81 WILDER STREET

The Petitioner (Norberto Leon, project manager) requests a variance from 248 CMR (Code of Massachusetts Regulation) 10.00, the Uniform State Plumbing Code, Section 10.10 (18) (h) (4) to allow the installation of one unisex handicap accessible restroom in lieu of the required two non-handicap restrooms for staff.. As this is a state project no Board of Health letter is required.

VR10a) VARIOUS POOLS - CITY WIDE - WORCESTER

The Petitioner (Robert Antonelli, assistant commissioner of Parks) requests a variance from 248 CMR (Code of Massachusetts Regulation) 10.00, the Uniform State Plumbing Code, Section 10.12 (1) (f) 3 & 4. to allow the pool/splash pad backwash to discharge to the sanitary drainage system. The petitioner notes the backwash contains husman waste, skin cells, chlorine and other chemicals that are prohibited by the Worcester DPU to discharge to storm. The Worcester Inspectional Services acting in part with the Board of Health agrees with the DPU requirement.

VR10b) GREENWOOD PARK SPLASH PAD - FORSBERG STREET - WORCESTER

The Petitioner (Robert Antonelli, assistant commissioner of Parks) requests a variance from 248 CMR (Code of Massachusetts Regulation) 10.00, the Uniform State Plumbing Code, Section 10.12 (1) (f) 3 & 4. to allow the splash pad backwash to discharge to the sanitary drainage system. The petitioner notes the backwash contains husman waste, skin cells, chlorine and other chemicals that are prohibited by the Worcester DPU to discharge to storm. The Worcester Inspectional Services acting in part with the Board of Health agrees with the DPU requirement.

VR11) TYNGSBORO SPORTS CENTER - 18 PROGRESS AVENUE

The Petitioner (Darryl Wilkens, president) requests a variance from 248 CMR (Code of Massachusetts Regulation) 10.00, the Uniform State Plumbing Code, Section 10.10 (18) Table 1. The petitioner proposes to hold events approximately five to six times per year in which there may be 1200 persons in attendance. During normal business hours there are between 30 to 80 people participating or watching sports activities. The request is to not require additional fixtures be installed to handle the times in which the occupancy exceeds the existing fixture count. The Tyngsborough Board of Health have no issue at this time with the request. The Board however requested the petitioner contact the Tyngsborough Sewer Department to review the matter.

VR12) HORN POND WASTE WATER TREATMENT PLANT - 5 COVE STREET - WOBURN

The Petitioner (James Glendye,) requests a variance from 248 CMR (Code of Massachusetts Regulation) 3.00 & 10.00, the Uniform State Plumbing Code, Section 3.04 (1) and 10.22 (figure 15). The petitioner is proposing to install a gas/oil separator, with containment that is not presently accepted for listing on the Boards website. The Woburn Board of Health takes no position on this matter.

VR13) WEST CUMMINGTON CONGREGATIONAL CHURCH -1 0 CHURCH LANE

The Petitioner (Bruce A. Wood,) requests a variance from 248 CMR (Code of Massachusetts Regulation) 10.00, the Uniform State Plumbing Code, Section 10.10 (18) (c) 1 and Table 1. The petitioner is proposing to install two non designated unisex handicap accessible restrooms with one toilet and lavatory in each. The occupancy capacity load is 175 persons. The Cummington Board of Health endorses the application permitting installation of two unisex handicap accessible restrooms in lieu of the one male and two female restrooms.

VR14) DCR - STOCK ROOM FACILITY - BLUE MEADOW ROAD - BELCHERTOWN

The Petitioner (William Pula, Regional Director) requests a variance from 248 CMR (Code of Massachusetts Regulation) 10.00, the Uniform State Plumbing Code, Section 10.10 (18) (i) to not require the installation of a separate women's restroom. The petitioner proposes to renovate the existing men's room in its current configuration, and proposes to create a new unisex handicap accessible restroom. As this is a state project, a Board of Health letter is not required.

VR15) ASHLAND HIGH SCHOOL - 65 EAST UNION STREET - ASHLAND

The Petitioner (Mark J. Purple, Town Mgr.) requests a variance from 248 CMR (Code of Massachusetts Regulation) 10.00, the Uniform State Plumbing Code, Section 10.10 (18) Table 1 to reduce the fixture load requirements for the athletic fields to 30%. Seating capacity will be approximately 1500 seats. The Ashland Board of Health voted to support the waiver request.

VR16a) CENTER COMMUNITIES OF BROOKLINE - 100 CENTRE STREET - BROOKLINE

The Petitioner (Robert Goyer,) requests a variance from 248 CMR (Code of Massachusetts Regulation) 10.00, the Uniform State Plumbing Code, Section 10.10 (18) (i) and Table 1. Handicap accessible core restrooms within 300' are located on the floor. The petitioner proposes to install a unsex handicap accessible staff restroom in lieu of two non-handicap employee restrooms. The Brookline Health Department, acting as the Board of Health has no objection for this waiver request.

VR16b) CENTER COMMUNITIES OF BROOKLINE - 100 CENTRE STREET - BROOKLINE

The Petitioner (Robert Goyer,) requests a variance from 248 CMR (Code of Massachusetts Regulation) 10.00, the Uniform State Plumbing Code, Section 10.10 (18) Table 1. The petitioner requests a waiver from the shower and drinking fountain requirement. The Brookline Health Department, acting as the Board of Health has no objection for this waiver request.

PRODUCT REVIEW(S):

PR1) - HONEYWELL - FLEXIBLE WATER CONNECTOR - MIXING VALVE

Mr. Robert Castle appeared before the Board on January 26, 2011 to discuss the manufacturer's product(s) and answer questions posed by members of the Board. The Board took no action other than to request Mr. Castle provide the Board with a cut product depicting the integral check valve. Mr. Castle was made aware that stainless steel is not an approved material. Mr. Castle sent to the office the requested cut sample along with the new standard for flexible water connectors.

QUASI JUDICIAL SESSION

AID1) Quaglieri vs Town of Norfolk

CHARACTER REVIEWS / EXECUTIVE SESSION:

CR1) M.F.M. CR2) B.V.B.

EXECUTIVE DIRECTOR COMMENTS:

ED1 ) Solar Update

ADJOURNMENT: