[Music] Good evening. It's Wednesday, October 15, 2025 at 5:50 p.m. I'm calling the Lakeville Board of Health meeting to order. Is there anyone recording this? I see no one. Lake Cam is recording
this. First on the agenda, um we're going to take a roll call vote to go into executive session. Um after the executive session, we will be returning
to uh we will reconvene in open session. Immediately after the executive session, we'll have to take a roll call vote. You think you got to read that whole? Yeah, you have to read it first and say the name of the case. Okay. Um
um so that was on the agenda. Possible executive session pursuant to MGL C38 section 21A3 to discuss strategy with respect to collective bargaining or litigation if any open meeting may have a detrimental effect on the bargaining
or litigation position of the public body and the chair. So declares and then to return to open session and so say the name of the case and what's the address? Um the uh executive session uh the case
we will be discussing is nine cross street. Um we'll be discussing it with town council. Do the document number? No, I think so. So, the case of um
Ronald Ala versus the board of health. Um and the chair declares that discussing it in open session would have a detrimental effect on the council position. Okay. So, so that's the motion now. Second.
Second. What you just said is can count for him. Yeah. We'll get that in. So moved. Second. Yep. Hi. Hi. Hi, Chris Brad. I Derek Maxim Bob. I
We're going to go into another room uh for the executive session and then we'll be returning. Good evening. I'm calling the Lake Phil Boa Health meeting back to order. Um we voted to come out of executive session. Um we're back in regular session. It is
at 6:25 p.m. Wednesday, October 15th, 2025. Um, Lake Cam is still recording this. Do I see anyone in the audience recording now? I see no one recording this. First on the uh we'll go down to number
two on the agenda now. It's 10 Harding Street. Meet with Riverhawk Environmental. Discuss requested variance. Turn over to you. Good evening. Good evening. Good evening. For the record, my name is Bob Rigo. with Riverhawk Environmental as civil engineer for the project.
Tim Hasham, president of Lex Development. So, we were in uh once before we requested um two variances for this project. It's at 10 Harding Street commercial property. And there was some discussion um during that meeting. There's an
off-site well located at 13 Harding Street uh which is My's Liquors. Um and because of that, the board was unwilling to um wave the requirement for the denitrifying septic systems.
So, we're proposing that we hook up, we've got an agreement with the owners of MKIs to remove that well and to give them a water connection to the Taton water main that's in Harding Street. So, we just came in to see um one if we were
able to make that happen, get that connection, which it looks like we've been to town of Lakeville and they've granted approval and we're just going through Mass DOT now to get the uh actual permit to to install. The selectman approved the water. The select did. Yes. Yep. Yep. The
selectman have approved it. Um so so and one is if you would allow it you know to not have the denitrification because now we have the no wells within 500 feet of the proposed system. And then um secondly is just the timing of that
approval. Um the the project is underway and under construction and is hoping to keep it underway and um you know build it without the denitrification. Of course, you know, we we recognized the the certificate of compliance would not
be issued until the well was installed and they were connect well was um disconnected disconnected and that was my only concern with that is having that well across the street. So yeah, you know, I think it was the same with myself. I think that well that was there was the only pullback from giving
you a variant. Okay. On the D night. Okay. Again, you'd be going at your own risk, I think, if we do let you have the uh plans to start installing. I mean, we won't issue a certificate of compliance until that well is done. Of course,
and if something happens and that doesn't go through, I mean, you would have to retrofit to a Ditrification. Absolutely. Just so you're aware, you know, it's not something after the fact. Well, oh well, we couldn't do it. Yeah. No, no. you're taking the responsibility and that's why we went to the select
room first got the approval from them and also with monkeys I mean they're welcomed with open arms you know it's better for them too if they ever got to change theirs they get town water now they don't have we signed a you know we signed a contract with both of us stating that this is what the intentions of development going to do and Billy was
more than happy to do you have any input or discussion with this issuing the permit to I think you guys covered everything what do we need to amend and uh last vote to not require the dite with the condition
that monkeys is hooked up to uh cotton city water. I don't even know if we voted the last time. Did we vote the last time on this? We didn't take a vote. Continued it until they came back with So now we can actually vote to approve the variance. So it's just the one variance is all we're looking for.
Uh there was two. You know what those are? Yeah. Cover over the existing septics. Septics. Okay. And I know there was um an existing water mane you found out there somewhere that it wasn't supposed to be. Was that shown on this new plan?
It is. The the revised plans do show the new water line. It's just off the edge of the road. It wasn't down the road. Yeah, it's um I've highlighted it in blue. I don't know if you guys can see it way over there, but um yeah, on the right. Yeah, it's on the right. comes from the other side of Millennium Circle and
crosses over and goes around and services the uh the property to the rear. So this is the plan with the revive. Yeah. So we just went out there the contractor found it by by hitting it and Yes. Yeah. You heard that. So he knows right where it is. So we we
got the locations with the uh with GPS and those are showing everything. Okay. So we know where that is and you meet the setbacks to the septic and everything. Correct. Yep. I had no other issues with the plan. I went through all the grades. Um and obviously under the pavement, you're
going to go with the bottom drain. You do have a detail for the bottom drain if it's under a paved surface. Yes. So that's all under paved surface. Correct. That is that's correct. Yep. Yep. And it's presby and we did we did add the under drain I think at the request of the health agent. Yep. Yep. The end was added. Trying to find the variances.
I can't see. Yeah, I'm good with it. Are they listed on the planar? Do you know what the two variants need to be? Over 3 ft of cover, right? Yeah, I I have it on my phone. Maybe try the other. Maybe it's on this one. No.
Hey, you're not making this easy for us. We usually just read them all. Yeah. I'm I'm sorry cuz it's been a while. Um we just need to make a motion of the the actual variances. Yeah. Yeah. Yes. But we can't say the two requested. We can say it requestable.
Yeah. So it was it was it was for for the two variants were that to not have denitrification and then to allow more than 3 ft of cover over septic 3. And we're going to allow the to not have the deerification because there's no
wells, private wells, right? Correct. Yes. Over 500 ft. Correct. Yeah. What's the maximum? We let you go over 3 ft. How much do you need to go over? Huh? You can go over three, but you can't go more than six. Yeah.
All right. So, that he can go over three but under six would be the motion. Yes. I don't think we're over three. There's two motions. There you go. Over three feet but under six and two. Yeah. Not to require a D knight subject to being hooked up to mares and have
three feet. Allow more than 3 ft of cover but under 6 ft of cover. All right. I'll make a motion that we give the property at 10 Harding Street. Uh two variances. One would be to not
require the dite system as long as um Makis hooks up to the uh city of Taton water. And then the second one would be to allow them to have more than 3 ft of cover but under six feet of cover uh on the field.
Second. Any discussion? All those in favor? I I I Thank you very much. Appreciate it, guys. Thank you. Have a great night. That's better for everybody having the time. Yeah. Yeah, for sure. Thank you. Thank you. Thank you guys. Next on the agenda, nine cross street.
Uh discuss number of bedrooms. Um we have town council Greg Corbo coming up. He is going to speak uh to what's going on with this one. Thank you, Mr. Chair. My name is Greg Corbo, town council for the town of Lakeville. Um, I hate to actually do
this, but my suggestion is that you take no action on this right now and that after you finish your other business that you reconvene executive session and we speak further. Okay. Okay. Okay. So, I'll make a motion that we continue this into executive session after the
public hearing over. That correct? Yes. Okay. Second. Any discussion? All those in favor? I I Okay. So, we move right on to the next one. Uh
recommend to the select board to repoint uh Shayen Carrero as our new shared service health specialist for a period of October 1st, 2025 to September 30th, 2026. I'll make a motion that we recommend to the selectment to reappoint Shayen
Terrarero as our new shared health service specialist. Second for October 1st, 2025 to September 30th, 2026. Second. Any discussion? All those in favor? I I
I. Next on the agenda, review and approve meeting minutes as typed uh for three meetings. We'll do each one separately. July 16th, 2025 is the first one. I have no issues with it.
All three members were present. I'm good. I'll make a motion that we approve the meeting minutes for July 16th, 2025 as typed. Second. Any discussion? All those in favor?
I I I. Next. August 6th, 2025 meeting minutes. Uh, review and approve meeting minutes as typed. I have no issue. All three members were present. Good. Chris, I'm good.
I'll make a motion that we approve the meeting minutes from August 6, 2025 meeting as typed. Second. Any discussion? All those in favor? I I I. Next, the last meeting minutes of
September 3rd, 2025. As typed, all three members were present. I have no issues with the meeting minutes. Good. I'll make a motion that we approve the meeting minutes from September 3rd, 2025 as typed.
Second. Any discussion? All those in favor? I I I uh next on the agenda, discuss recent board of health agent pending items. Anything with the board members? Um yeah, we have no um pending items.
Okay. Anything with Triple E West? Yeah. So um we had a frost um couple days um last week I think. So there's really no risk is is pretty much gone now. Um there were no triple E this year and there were eight West Nile um but it looks like that's going to be it for the
year at this point. So it was good we didn't get any E. So I thought after the spring we were going to have a lot of it. So that's good. All right. And then the next uh announcements. Uh the town of Lakeville Board of Health would like to inform the town residents
that the yearly animal inspections will be proceeding and will be conducted by the Lakeville animal inspectors Jared Darling and Emma Darling from now until the end of the year. And I believe they contact everyone prior to showing up at their places. Am I correct?
They do. So they'll reach out to you and contact you and set up a inspection um for that. Greg, before I close it out, are we gonna come back in or are we just going to be back into executive and after the executive session? So, okay.
through through you, Mr. Chair. So, if you finished all your other business, um you'll make the same motion that was made earlier, only this time you're going to say not to return to open session. Okay. Okay. And you had us add some stuff on to that
the last time. Um, do we have to read? Yeah, he just said we had to do the same thing. Yeah, you better do that. You get your glasses on. Okay. But we had to add something to that at the end though, right? Yeah. It was just not returning to No, but there was something else in the wording that he told us to add the last
time what it was referring to. Mr. Chair, would you like me to propose a motion? We would love that. Excuse Mr. chair. Uh for the nine cross street agenda article, are you talking about going executive session for that matter and postponing?
Um the that's correct. Um in light of the circumstances there um there is no further need for an open session discussion. And then when would be the next session? In a week time for next week or for next week? Yes.
Council, can I talk to you offline? We're on the camera right now. Yeah. Yeah. No, I was just trying to understand what's going on. So, basically, and I didn't want to have to get into it in open session, but um 9 Cross Street um is a matter that is in
litigation. There is presently a dispute concerning um whether the um correct number of bedrooms are matching up with the septic system. So, the septic system is installed and designed to accommodate
a three-bedroom home. Um, and the original plans showed that it was a four bedroomedroom home, but then the plan was changed to make it a home office. Um, this board previously um rejected that room as being a home office and um
stuck with its original classification as a bedroom. Um there was a court hearing this afternoon on that issue with the um the property owner asking for an injunction to require you to approve the um the office and the house
as a three-bedroom house. Um at the end of that hearing, the judge um took the matter under advisement and suggested that the parties try to reach a resolution. Um I believe that there may be a resolution um pending, but that is
something that I suggest we talk about in executive session and if you make a decision in the executive session, we can come out and tell the interested parties what that decision is. And Mr. Chair, if you're interested in hearing the position um of the uh owner
of the property in regards to potential resolution as well, I'd be happy to put that on the record and then so you can have it informed. in deliberation regarding your decision. Well, I guess if you want to have the proposal on the record, then I guess we don't need executive session.
Could you just sort of step up and say who you are? Nicholas Gomes. I represent the owner of the property. I'm here today with um Mr. Cam Goldstein, the real estate agent for the prospective buyer in Crystal Assayas um who is by my right. Uh we have met
and uh went forward. We're essentially looking for this property to be the threebedroom um house which the plans are approved for. There's no uh trying to make it a fourbedroom uh in any type of wrong manner. We're
not trying to fool anyone here. Uh so the two potential solutions which I think are um out there if you're unwilling to accept what was put forward as this is not a home office because it's no intent to sleep there plus deed restriction is uh what modifications can
we do to make it satisfactory. So, for a three-bedroom house, uh removing the closet doors, uh removing portions of the wall, uh that would not affect the master bedroom. Uh previously, there was conversations about an 8ft opening,
which is cutting into the doorway. So options, this alternative option of a smaller amount and then um if we had to make it a fourbedroom, is there any other technologies that we could upgrade the system um and find out exactly what those are and then give us time to work
together um a short time period because I have got a family who's trying to maintain their um school inside the school district. So there's urgency on our part. So those are our considerations of potential middle ground we could say mechanism to make it work if we go for threebedroom
or a fourbedroom. Let us work on the feasibility on our side and I'm basically looking for the shortest period of time to get back before you. And um if those sound like potential conditions you could approve the plan subject to those conditions. That's what we'd be looking for as a potential resolution for the town's interest and
the interest of my client as well as the family trying to move in. Okay. Through you, Mr. chair. Um yes. So that's um essentially what the board um discussed. Uh one maybe two points of clarification on the issue of um retrofitting the
house to make the opening wider and removing the closet. That option would also have to have a deed restriction limiting the property to three bedrooms. On the other side, if they choose to retrofit the system, um then it could be a fourbedroom um no deed restriction,
but it would have to obviously be subject to approval of a of a plan that you know were that the system is properly designed. Um and so what we've talked about is asking the court um to postpone its ruling um for a week so
that the um the um owners can discuss it amongst themselves and figure out which of the options they'd like and then um you know we can come back to you and you know see if we can reach an agreement. Okay. I'd just like to clear something
up after that. So, just so anyone watching wonder why we're doing this, the engineered blueprints that was submitted to the building inspector showed it as a fourbedroom. The septic plan that originally came to us showed it as a fourbedroom. When they listed
it, we have a copy of the listing ad on on the real estate and it was listed as a fourbedroom. So, that is why we're going through this. it it it after it was installed after he knew it was only a three-bedroom system, they still listed it as a fourbedroom online for
sale. So, so to say that, you know, I I don't want to say the wrong thing and get in trouble, but so that's why we all had a problem with it. And so, we did agree to those two options. It would be taking the entire case open and out where the door is now and taking all the
walls where the closet is out and just having a straight plastic wall there. Um, not just pulling the doors off. If you were going to go for that to keep it a threebedroom or if you do a four bedroomedroom, it had to be a Dite system. Uh, so I used my best efforts of um
doing some basic draftings to the plan because I want to make sure we're talking apples to apples. But um my suggestion of reasonless the opening to this home office is currently 4 feet. I've got a picture which is roughly
showing that. um in here an additional 2 ft if you brought it to 6 ft would bring it right to the door jam to the master uh bedroom. So this way the master bath is within the master bedroom and that master bedroom hallway is still intact. It's just you got a 6ft opening. So when
you're about to open that door to the right is just open space into this um extra den area office area and the closet walls would have to come down. Um the so when you say the so here the closet walls would be on the um the
exterior but not what is now the back side of the closet area because that is the hallway to the master bath. If I if you don't mind just kind of show that's correct. So it's just the inner walls of the closet not the out of the closet.
If I may brush it better you show it to those guys. So, this would be the uh the openings to the closet area and then um that would cover the little area between the what is now this
current wall actually right here an additional 2 ft this way would line you right up to the master bedroom door. Correct. Okay. And then no door on that opening and deed restriction to three bedrooms and then that would be satisfactory to the board. Correct. and then it won't be considered
a bedroom because it's not privacy and okay so I um think this is something that the parties need to speak amongst themselves a little bit further and I need approval but I at least understand now and thank you for having this
meeting and council for letting me speak so we could kind of get through it and see where it's at. So, my recommendation would be um as I started, can you give us a week and then let's come back and solidify it unless you're ready to vote on the plans as approved condition on either A or B.
We're three weeks out from our next meeting. Am I correct? I think it's November 3rd. So, that's like three weeks. So my my recommendation is uh council correct me on the course of action is can you tonight vote on the plans subject to either this option A or
option B um of which one you're looking for because this way we can solidify it and move forward. So through you Mr. chair. Um since it is 3 weeks out before your next meeting, um I do think that you can give um
conditional approval um subject to um you know, review by by town council and a formal agreement being written up. Um but I do think it's reasonable to give them time and where everyone seems to be in agreement that these are the two options um I do think that the that the
board can give you know conditional approval for one of those two options um provided that you know we can reach an agreement on settlement terms. I would want Ed and the chair to review it also part of that motion though that they see the final outcome and agree
with it that it falls under what we said. Sure. So, uh, let me see if I can, uh, why don't you entertain a motion? Yeah. Okay. So, Mr. Chair, through you, I would recommend that someone move, um,
that the board um grant conditional approval for one of two settlement proposals. One being opening the door to what is now called the office to make it 6 ft
wide. Not a requirement that there be no door on that opening and removing the inner walls of the closet so that there's no closet. And then finally, a deed restriction saying that the property
will um never be used again um for anything other than a three-bedroom. Option two would be that the um owners would retrofit the existing septic system to add an innovative alternative
system um that has ditrification. Um, it has to be a system that is approved by D with plans approved by the health agent in the normal course and if that plan um makes it to approval
and then you would approve that plan and then the property could be used as a fourbedroom home. No deed restriction. And no deed restriction. Exactly. So those are the two options. Are you all in agreement that if one of we come back with one of those that this matter would
be resolved? Yeah. Again, as long as Ed and the chairman at the minimum review it and agree with it. Sit down cuz he's Okay. Oh, I apologize. My bald head, of course. Sorry. Yeah. As long as we add to that that the
the agent and the chair at the minimum uh look at it where we're not meeting for three weeks and and make sure that it agrees to what we just said. that will approve and it will not have to come back to the a meeting to the board. I think so, but let's at least just say we're conditionally approving that
because I do think there's some, you know, things that have to be worked out for either of these things. Um, and so, you know, if it turns out that it's not feasible or something, then we might have to come back or if there's a tweak. But otherwise, yes, I would say that if the board is approving one of those, so
the board would be approving a settlement that would say we accept either of these solutions. Um, and in exchange for accepting these um solutions, there would be a stipulation of dismissal of the litigation with
prejudice. Let me get off track. Why aren't we meeting for three weeks? Do we It's just November 5th is the next um first Thursday in first Wednesday in November. So this is a long month. Yeah, there's five there's five Wednesdays.
That's the Okay. Would you guys be against having a meeting if we needed to before that? Um no, if we had to I'd be fine with it if we had to have another meeting before that if possible. Honestly, I would prefer that. Yeah, because we meet the first and third
Wednesdays and now because of the way this month is is five Thursdays. I mean five Wednesdays. So now that's why it's getting delayed three weeks instead of two weeks. Yeah. So, but I guess if the ultimate decision is approved by um me, the chair
and the health agent, then they can issue a um what did you call like a temporary certificate of occupancy pending final approval of the board? Yep, that makes sense. And we'll plan for that on November 5th. So moved.
Hold on a minute. But we're going to give a certificate of compliance without the work being done. Just the permit, right? Oh, wait. Well, yes, the work has to be done before. Yeah. All right. It made it sound like that it was we were going to give a conditional.
Just to note, we have not received an asbuilt yet. So, I cannot sign off I cannot sign a certificate of compliance without the asbuilt. So, we would need the asbuilt and I would have to do a final inspection there. That's pending as well. Yeah. Yeah. We wouldn't issue the actual compliance until either one of those
things were done and inspected. And I believe we still have a restraining order on the property. So we can't even No, we do not. We do not. So we still be able to Right. So um I guess my suggestion we've if they finished the work to the satisfaction of the the health agent and
the chair before November 5th, then they can prove it uh approve it and we'll have the board vote to ratify. Okay. Yeah, I'm fine with that. Okay, understood. Thank you. Yeah. So, so moves. So, move. I'll second it.
All in favor? Any discussion? All in favor? I I I Okay. You're going to be getting a call from Larry tomorrow asking how to all Yeah, I know. I know. I'll I'll figure it out. So, now there's no need for executive sess. Correct. So, you can just adjourn the
meeting if that's what you're up to. I'll make a motion to adjurnn. Second. All in favor? I I thanks everyone. Thank you. Coming