By the Division of Professional Licensure


1000 Washington Street • Boston • Massachusetts • 02118

MAY 28, 2014 BOARD AGENDA

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

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

• The April 30, 2014 Board Meeting Minutes

• The April 30, 2014 Executive Session Meeting Minutes

• The May 7, 2014 Board Meeting Minutes

• The May 7, 2014 Executive Session Meeting Minutes

DISCUSSION(S):

D1) Mark Lynas for Frank Rounds Company would like to discuss dual fuel gas lines for pilots on their boilers.

D2) Board interpretation regarding the use of CPVC

VARIANCE REQUESTS:

PV208) LOBSTER TAIL SEAFOODS – 1081 OSGOOD STREET – NORTH ANDOVER

The Petitioner (Mr. Mark Smith, Owner) requests a variance from 248 CMR (Code of Massachusetts Regulation) 10.00, the Uniform State Plumbing Code, Section 10.10 (18) Table 1. The establishment has 20-seates and one employee restroom. The Petitioner seeks relief for the requirement to provide additional toilet facilities. If necessary, Mr. Smith proposes reducing the seating to 16. The petitioner provided the Board office with a copy of the petition letter sent to the North Andover Board of Health. The North Andover Plumbing Inspector, James Hurley provided feedback regarding this request, via two emails.

PV209) RESIDENCE (LINDA JOHNSON) – 28 PINE POINT ROAD - PHILLIPSTON

The Petitioner (Mr. Micah Bolduc, Master Plumber) requests a variance from 248 CMR (Code of Massachusetts Regulation) 10.00, the Uniform State Plumbing Code, Section 10.02 (6) 5.. The homeowner uses this location as a summer camp and does not want to waste space for laundry hookup which they will not be using. Due to the environmental impact and the sensitive area of Queen Lake, the Phillipston Board of Health voted at its April 23, 2014 meeting to request that the state Plumbing Board waive the requirement for a washing machine hookup at this location.

PV219) STORAGE BUILDING – 180 WILLIAMS STREET - DIGHTON

The Petitioner (Mr. Daniel O’Connor, PE) 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 is proposing a single restroom to serve his unit and the two adjacent rented units. The restroom will be located in the owner’s unit and access for the rented units will be from the outside. The petitioner provided the Board office with a copy of a petition letter sent to the Dighton Board of Health.

PV234) MIT BUILDING 68 – BIOLOGY RESEARCH LAV – 31 AMES STREET - CAMBRIDGE

The Petitioner (Mr. John Rattenbury, P.E.) requests a variance from 248 CMR (Code of Massachusetts Regulation) 10.00, the Uniform State Plumbing Code, Section 10.13 (1) (l) 5. The subject building is an inactive laboratory. AKF engineers found that the safety shower and eyewash system was not designed or installed in a manner that avoids stagnation. MIT wishes to upgrade the system and proposes providing system purging form the ends of the supply/piping to various users. The petitioner provided the Board office with a copy of a petition letter sent to the Cambridge Board of Health.

PV241) MOODY DELICATESSEN & PROVISIONS – 463 MOODY STREET - WALTHAM

The Petitioner (Mr. William Foster, Master Plumber) 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 seeks relief from the requirement to install designate male and female restrooms and proposes the installation on one single unisex handicapped accessible restroom.. The Waltham Board of Health, petitions the Plumbing Board on behalf Mr. Foster, regarding the number of required bathroom facilities.

PV244) CAMBRIDGE SAVINGS BANK -  140 MIDDLESEX TURNPIKE - BURLINGTON

The Petitioner (Mr. Dan Fraine, V.P. Facilities) requests a variance from 248 CMR (Code of Massachusetts Regulation) 10.00, the Uniform State Plumbing Code, Section 10.`0 (18) Table 1. The Petitioner notes the project is a one story, 3,280 sq. ft. retail bank, which has already been constructed. Presently there are a total of two toilet rooms installed in this building that are not accessible to the general public. The petitioner is seeking relief from 258 CMR to allow the renaming of designated men’s and women’s to two unisex toilet rooms. The petitioner provide the Board office with a copy of the petition letter sent to the Burlington Board of Health.

PV253) GAAMHA INC – 208 COLEMAN STREET EXT. - GARDNER  

The Petitioner (Mr. Robert Della Valle, Director of Operations) requests a variance from 248 CMR (Code of Massachusetts Regulation) 10.00, the Uniform State Plumbing Code, Section 10.09 (1) (b). The Petitioner notes the renovated area was a an open carport/loading dock where light maintenance work was performed. The garage area was inspected during construction by the local Building Inspector before the concrete slab was installed. We were not made aware of any requirements that were necessary in this type of renovation. The petitioner provided the Board office with a copy of the petition letter sent to the Gardner Board of Health.

PV255) CUMBERLAND FARMS – 628 EAST FIFTH STREET - BOSTON

The Petitioner (Ms. Kathleen Sousa, Sr. Pipeline Mgr.) 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 is seeking relief from the requirement of two designated restrooms in an existing mercantile establishment. Proposed is the installation on a single unisex handicapped accessible restroom for the public and employees. Ms. Sousa provided a copy of the letter from Mr. Gary Mochia, acting as the Boston Board of Health.

PV258) Y & Y MINI-MART – 414 WINTHROP STREET - TAUNTON

The Petitioner (Mr. Paul Freeman, Master Plumber) requests a variance from 248 CMR (Code of Massachusetts Regulation) 10.00, the Uniform State Plumbing Code, Section 10.10 (18) Table 1 The business has an existing unisex employee restroom and the petitioner is seeking relief to not be required to install a second employee restroom. Petitioner states there will only be one staff person managing the store at any one time. The Taunton  Board of Health has no objection to the variance request, providing no seats will be available for customers in the store and the use of the facility remains retail food only (no food services)..

PV259a) LAFUCI DENTAL GROUP – 11 EAST STREET - MIDDLETON

The Petitioner (Mr. Richard Lafauci, DMD)  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 is seeking relief from the requirement to install designated men’s & women’s handicapped accessible restrooms. Dr. Lafauci is proposing the installation of a single unisex handicapped accessible restroom for patients and visitors. The applicant provided the Board office with a copy of the letter sent to the Middleton Board of Health.

PV259b) LAFUCI DENTAL GROUP – 11 EAST STREET- MIDDLETON

The Petitioner (Mr. Richard Lafauci, DMD)  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 is seeking relief from the requirement to install a utility sink due to floor material and cleaning methods. The general public will only gain access to the first floor of the building,, not the basement or second floor. The applicant provided the Board office with a copy of the letter sent to the Middleton Board of Health.

PV262) STEPHEN VERDOLINO RESIDENCE – 22 CADORNA ROAD - WORCESTER

The Petitioner (Mr. Gregory Szachta, Jackson Carpentry) requests a variance from 248 CMR (Code of Massachusetts Regulation) 3.00, the Uniform State Plumbing Code, Section 3.04 (1). The property owner purchased two Hudson Reed AP342 thermostatic Shower Towers and is requesting the variance to install them in two  newly renovated walk-in custom showers. The home owner was unaware the products were not accepted in Massachusetts. Mr. Szachta provided the Board office with a copy of the petition letter he sent to the Worcester Board of Health.

PV263) MEDICAL OFFICE – KATYA DiVARI, M.D. – 336 UNION AVENUE - FRAMINGHAM

The Petitioner (Attorney Peter Bardieri, for Manos Tsagarakis, Trustee) requests a variance from 248 CMR (Code of Massachusetts Regulation) 10.00, the Uniform State Plumbing Code, Section 10.10 (18) Table 1.. Converting the two non-handicapped restrooms on the first floor and the two non-handicapped restrooms in the basement into single unisex handicapped accessible restrooms is proposed. The Framingham Board of Health has no objection regarding this variance request.

PV265) WISE EYE CARE, INC. – 76 CHESTNUT STREET – FRANKLIN

The Petitioner (Mr. Shawn Wise, Owner) 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 is requesting a variance to allow one unisex handicapped accessible restroom in lieu of the required two. Dr. Wise notes this is a single doctor optometry practice. He anticipates examining one patient per hour. Traffic flow through the office is minimal. In the opinion of the Franklin  Health Department that a single unisex restroom to service the proposed eye care center will be sufficient to serve the needs of the staff and the general public.

PV267) HOT TOPIC – 50 HOLYOKE STREET / SPACE B228 - HOLYOKE

The Petitioner (Mr. Samantha Igou, Owner Agent) requests a variance from 248 CMR (Code of Massachusetts Regulation) 10.00, the Uniform State Plumbing Code, Section 10.10. The Petitioner notes currently there is one existing restroom. The plumbing inspector advised the petitioner that a second restroom and mop sink would be required unless a variance is granted. The petitioner will install a mop sink but, seeks relief from installing a second restroom. The petitioner provided the Board office with a copy of a petition letter sent to the Holyoke Board of Health.

PV270) PON RESTAURANT – 213 WASHINGTON STREET - BROOKLINE

The Petitioner (Mr. Doug Anderson, Code Advisory Mgr.) 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 single unisex restroom is requested. . Mr. Anderson provide the Board office with a copy of the letter sent to the Brookline Board of Health.

PV271) STUDIOUS BAKER – 123 NORTH STREET - PITTSFIELD

The Petitioner (Mr. George Whaling, Whaling Properties) requests a variance from 248 CMR (Code of Massachusetts Regulation) 10.00, the Uniform State Plumbing Code, Section 10.10 (18) Table 1. Mr. Whaling notes that Studious Baker is currently operating in a 1,100 square foot space with two employees and is operating as a Bake Goods Shop. Studious Baker is seeking to add twelve (12) seats for customers. There is access to 3 fixtures (all of which are handicapped accessible) in the common area. In addition fixtures on the floor above are accessible via an elevator. Due to the lack of space and the number of fixture options currently available the petitioner seeks relief from having to install another fixture in this space. Mr. Whaling provided the Board office with a copy of the petition letter sent to the Pittsfield Board of Health.

PV273c) DR EUGENE BARK DENTAL OFFICE – 414 HARVARD STREET - BROOKLINE

The Petitioner (Mr. Hal Abrams, GC) requests a variance from 248 CMR (Code of Massachusetts Regulation) 10.00, the Uniform State Plumbing Code, Section 10.10.18 Table 1. The following is a list of items Mr. Abrams seeks relief for:

  1. That the existing basement toilet be designated as an “employee unisex toilet.”
  2. To allow one unisex handicapped accessible toilet for patient use on the first floor.
  3. To allow the basement mop sink in lieu of the requirement  of 248 CMR 10.10 (18) Table 1.

The Brookline Board of Health has no objection to the request for a variance.

FYI – Staff Approvals per Board Delegation – Board Vote Not Required

A. Drinking fountain requirements waiver in medical and office buildings.
1. DA PV273a – DR. EUGENE BARK DENTAL OFFICE – 414 HARVARD STREET - BROOKLINE

B.  Shower requirements waiver in medical and dental office buildings.
1. DA PV259c – LAFAUCI  DENTAL GROUP – 11 EAST STREET – MIDDLETON
2. DA PV261 – SOUTH BAY MENTAL HEALTH – 22 OLDE CANAL DRIVE - LOWELL
3. DA PV273b - DR. EUGENE BARK DENTAL OFFICE – 414 HARVARD STREET - BROOKLINE

D. Waiver regarding the installation and testing only of unlisted gas equipment.
1. DA GV235 BOSTON’S BEST COFFEE ROASTERS - 43 NORFOLK AVENUE - EASTON
2. DA GV256) COFFEE ASSEMBLY / ROASTERS – 814 EAST STREET – UNIT 5 - PITTSFIELD

EXECUTIVE SESSION / CHARACTER REVIEW(S)

CR1) DRL

ADJOURNMENT:

Note:

Reasonable accommodations or modifications will be provided to enable individuals with disabilities to participate in this Plumbing Board meeting. All requests should be submitted to Deborah Cassano at (617)-727-3110 no later than one (1) week prior to the scheduled Board Meeting. While the Board of Examiners of Plumbers & Gas Fitters will attempt to honor all requests, those requests received after that date may not be provided due to feasibility.