Board of Health

Braintree Board of Health Meeting Held Via Zoom Thursday, April 13, 2023, 7:00 p.m. IN ATTENDANCE: Dr. Arthur Bregoli, Chairman Dr. Philip Nedelman, Vice Chairman Juliana Melchionda, Clerk ALSO PRESENT: Marybeth McGrath, Director of ML & I Dr. Bregoli called the meeting to order at 7:00 p.m. by roll call vote: Dr. Bregoli-yes; Dr. Nedelman-yes; Ms. Melchionda-yes Approval of Meeting Minutes: March 14, 2023 Motion By: Dr. Nedelman to approve the minutes of March 14, 2023 Second By: Ms. Melchionda Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Ms. Melchionda-yes New Business: Request for Hearing (Housing Code), Emergency Condemnation and Order to Vacate, 218 Grove Street (No heat, no hot water) Ms. McGrath stated present via Zoom are Attorney Eric Kupperstein and Pastor Claudia Verge, who requested a hearing on the Emergency Condemnation and Order to Vacate on February 10. She stated the order was issued after receiving a complaint. Upon inspection they found there was no heat or hot water in the dwelling, as a result of there being no oil in the tank. At the time they could not determine what party was responsible for keeping oil in the tank so both the church, which owns the property, and the tenant were cited. Ms. McGrath stated that Attorney Kupperstein provided a copy of the lease which clearly states on page one that the tenant was responsible for providing heat and hot water and Attorney Kupperstein is requesting the order be modified to reflect this. Since the time of the order and to this date the resident no longer occupies the dwelling, however, there is still a condemnation order for the dwelling. Before this order can be lifted they would have to verify there is adequate heat and hot water provided to the dwelling. Attorney Kupperstein stated they would like the order modified to make it clear it was the tenant’s responsibility, not the owner’s, to provide oil, thereby providing heat and hot water to the premises. The tenant has vacated the premises and the premises has been Braintree Board of Health, April 13, 2023 Page 2 of 4 secured. The church is in the process of assuring that remedial action is taken. In addition to putting oil in the tank, there was damage to the property, pipes burst so a plumber has been hired. He stated the plumber may be having trouble getting a permit, but that is not the purview of the Board. Once the work has been done the church will get the necessary inspections so the house can be occupied once again. Dr. Bregoli stated he has reviewed the lease. The tenant had been residing there since 2008 with no problems and all of the sudden she failed to take care of her responsibilities. He stated he has no issue with modifying this order. Pastor Claudia Verge thanked the Board for listening to their concerns. She stated they are working to fix the problem. Ms. McGrath noted that Rose Carvalho, Chairman of the Board Trustees, had joined the meeting. Motion By: Ms. Melchionda to modify the order as requested. Second By: Dr. Nedelman Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Ms. Melchionda-yes Request for Variance of Lifeguard Provision: Royal Lake Village Condominium Trust, 3 Royal Lake Drive Ms. McGrath stated this is an annual renewal. This is primarily an adult community. They have a swimming pool with a fairly low bather load. They have all the necessary signage. She asked that if this is approved that the applicant notify their insurance company as to the lifeguard status. Motion By: Dr. Nedelman to approve a variance of lifeguard provision, Royal Lake Village Condominium Trust, 3 Royal Lake Drive Second By: Ms. Melchionda Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Ms. Melchionda-yes Jonathan’s Landing, 400 John Mahar Highway Present via Zoom was Randy Gasbarro, the property manager. Ms. McGrath stated this is an annual request. They are requesting a partial variance to have a lifeguard present from 12 noon until 8:00 p.m. daily. Dr. Nedelman asked if the entry system is the same as in the past. Ms. McGrath stated there are two entrances through the clubhouse. Mr. Gasbarro confirmed that entrance is through the clubhouse, as in the past. Braintree Board of Health, April 13, 2023 Page 3 of 4 Motion By: Dr. Nedelman to approve a variance of lifeguard provision, Jonathan’s Landing, 400 John Mahar Highway Second By: Ms. Melchionda Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Ms. Melchionda-yes Turtle Crossing, 501 Commerce Drive Present via Zoom was Susan Ebersole, the property manager. Ms. McGrath stated this is an annual request. They are requesting a partial variance to have a lifeguard present on Saturday, Sunday and holidays, as they have a low bather load on weekdays. They usually open the pool around Memorial Day weekend and close around Labor Day weekend, weather dependent. Motion By: Dr. Nedelman to approve a variance of lifeguard provision, Turtle Crossing, 501 Commerce Drive Second By: Ms. Melchionda Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Ms. Melchionda-yes Landing 53 Apartments, 25 Commercial Street Present via Zoom was Anthony Ferris, Sr. Property Manager. Ms. McGrath stated this is a fairly new property, opening in 2019. Since then they have had a fairly low bather load and each year have requested a full lifeguard variance which the Board has granted. She stated there have been no complaints or concerns and a key fob is required for entrance. Dr. Nedelman asked how often pools are tested. Ms. McGrath replied under Mass law all semipublic pools are required to have a certified pool operator and all pools have to be tested four times a day and this has to be logged. The town also inspects all pools and their enclosures prior to their opening and conduct spot checks throughout the summer. Motion By: Dr. Nedelman to approve a variance of lifeguard provision, Landing 53 Apartments, 25 Commercial Street Second By: Ms. Melchionda Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Ms. Melchionda-yes Hampton Inn Braintree, 215 Wood Road Ms. McGrath stated this is a hotel with an indoor pool. The users are required to have a keycard to enter the enclosure. If they are not a guest they are not allowed into the pool Braintree Board of Health, April 13, 2023 Page 4 of 4 enclosure. This is an annual request. Ms. McGrath reported that all semipublic pools must have a telephone that dials directly into 911. Motion By: Dr. Nedelman to approve a variance of lifeguard provision, Hampton Inn Braintree, 215 Wood Road Second By: Ms. Melchionda Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Ms. Melchionda-yes Reservoir Crossing, 614 Pond Street Ms. McGrath stated there are two buildings and building one has a pool and spa. They are requesting a partial variance to only have a lifeguard on duty Saturday, Sunday, and holidays, as they have a low bather load during the week. They staff college students as lifeguards and are requesting they have no lifeguard from September 6 through September 15. Motion By: Ms. Melchionda to approve a variance of lifeguard provision, Reservoir Crossing, 614 Pond Street Second By: Dr. Nedelman Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Ms. Melchionda-yes Informational: Ms. McGrath announced the rabies clinic is coming up for cats and dogs. This will be held at town hall on May 13 from 10:00 to 11:30 a.m. The fee is $15 and the proceeds fund scholarships for Braintree High School students through the Jaycees. Ms. McGrath stated she has updated the Board through email regarding Clean Harbors hours of operation. There was a March 15 letter from the DEP indicating they were allowed to resume operations, except for truck to truck operations. Mayor Kokoros has submitted a letter indicating his opposition to the resumption of operations. Next Meeting: May 11, 2023 Motion By: Ms. Melchionda to adjourn the meeting at 7:33 p.m. Second By: Dr. Nedelman Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Ms. Melchionda-yes