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Board of Health Minutes August 9, 2005
Board of Health                                 Present:        Andrea Gilbert
                                                                        Mark Sprague
August 9, 2005                                                  Chris Rogers

The Board met at the Town Hall at 6:30 p.m.  

BUILDING PERMITS:
17 Frye Road – Basement renovation.  After further review by the Board, it was decided that a bedroom deed restriction is required.  The necessary paperwork will be forwarded to the homeowner.

PERMITS APPROVED:

Lot 14, Drumlin Hill Road
Lot 2, Hudson Road – Jurnak
Bolton Woods Way – Regan – Redesign
Lot 2, Harvard Road – Redesign
Lot 10 – Drumlin Hill – Redesign

INSPECTION REPORTS:

544 Wattaquadock Hill Road, 46 Sargent Road, 137 Harvard Road, 173 Harvard Road, 291 Hudson Road, 366 Still River Road, 149 Kettlehole Road, 41 Frye Road

All Inspection Reports will be reviewed at the next Board of Health meeting on August 23, 2005.

TRUST FOR PUBLIC LAND – SAWYER & W. BERLIN

Review of the lots was tabled for locus information and research on a variance for out season testing.

NASHOBA REGIONAL HIGH SCHOOL - BLEACHERS

Jim Brigham met with the Board to obtain a certificate of occupancy for the bleachers at the high school.  After review of the plans it was decided that due to their location in a zone 1, DEP approval is necessary.  Chris Rogers will contact DEP and then contact Bill Spratt after he obtains DEP approval.

95 KETTLEHOLE ROAD

David Faveau met with the Board to resolve all the outstanding issues with regard to 95 Kettlehole Road.  Mr. Faveau provided the Board with an executed Bedroom Deed Restriction and letter from David Philbin, Esq.  Attorney Philbin acknowledged responsibility for have the deed restriction recorded immediately after the deed.  After review of all documentation, the Board voted to allow the closing on the property to proceed.

PONDSIDE

Craig Martin met with the Board to discuss the proposed Pondside Development at the current Crystal Springs Camp Ground.  This is a 40B project.  Mr. Martin asked the Board if a hearing would have to be held with regard to Board of Health Variances that are necessary.  Mr. Sprague stated that he does not believe that a hearing specifically for Board of Health is necessary as the hearings are conducted by the Appeals Board.

The development, as proposed, is 60 units with a common sewer fed by gravity flow.  There will be two sets of duel pumps with an overall flow of just over 9,000 gallons per day.  The community room has a flow of 90 gallons per day allocation.  Public water supply wells are already installed.

This project does not require DEP approval so the SDS Permit is with this Board.  Mark Sprague stated that the well off-set is a new issue and one that the Board was not aware of.    DEP considers Zone 1 a very protected zone and there are very few uses within that zone.  In a zone 1, the lawn cannot even be mowed, specifically for units 15 and 16.

HALLMARK PROPERTIES – WATTAQUADOCK HILL AND MANOR ROADS

Present:  EK Khalsa, Craig Martin, Mr. Roux

Mr. Khalsa is before the Board to finalize the language to be recorded with the DEP covenant and to the homeowner’s trust document.  Mr. Khalsa feels that through the documents presented the concerns of the Board have been addressed.  Mr. Khalsa would like the paperwork for this project finalized at tonight’s meeting.

Andrea Gilbert stated that she believed that the document would be sent to Town Council for review prior to any documents being finalized.  Mr. Khalsa stated that he would like the Board to proceed with the permits subject to Town Council’s approval.

Mr. Roux stated that these documents are subject to DEP approval.  Members of the Board stated that DEP would be reviewing from the State’s position and the Town would like review so that the Town’s position is protected.

Mr. Khalsa will forward the documents to Andrea Schnepf, Administrative Assistant to the Board of Health who will then forward them onto Town Council for review.

LOTS 1 and 9 – NORTHWOODS

Present:  Larry Ducharme and Chuck Black of Kendall Homes

Mr. Ducharme met with the Board to discuss the perimeters of handling Mr. Ducharme’s prior request for high water offsets on the above lots.  Mr. Ducharme’s hope is that the Town will revert to the Title 5 regulations rather than the Town’s more stringent regulations.  He feels that based on the science, testing and history presented, he would like to see the regulations changed and not be unique to an individual lot.

Chris Rogers and Mark Sprague stated that the information that Mr. Ducharme brought to the Board from Mr. Fletcher indicated that the mottling should be followed.  

Mr. Ducharme stated that he feels that he believes that he is not doing either the Board or the Town a disservice by allowing the waivers on these lots to reduce or eliminate the mounded systems where the information provided supports a variance.

Andrea Gilbert stated that the Board did review the information and in the end they felt that Mr. Ducharme presented a strong case and the Board may pursue this issue in the future.

After much discussion over a long period of time, the Board voted to deny the variance request.

NOURSE ROAD – ROSS

Jonathan Markey met with the Board to discuss the use of plastic infiltrator systems on the newly created lots on Nourse Road.  The systems would be installed over trenches of sand, there is no gravel.  Chris Rogers asked how deep the bed of sand is.  Mr. Markey stated that it varies based on the site.  

The system is backfilled with sand.  There is an end plate that defuses the water.  This system is installed on the sand so you have aerobic treatment immediately.  

Mr. Markey stated that he is part of the North Andover Board of Health.  Mr. Markey stated that this type of system is becoming more popular and there a many that are being installed.   DEP does issue a general permit on these systems.  

After a lengthy discussion, the Board voted to approve the design with the condition that the system be inspected yearly (Title 5 Inspection) for a period of three years.  When the property is conveyed, a full Title V Inspection will be required.

LOT 11A DANFORTH LANE

The Original house was proposed with 10 rooms and built with 9 rooms.  There is a 4 bedroom septic permit.  The owner is requesting that the previous requirement for a deed restriction be eliminated.  The Board voted to eliminate the requirement for a deed restriction.

MONITORING WELLS AT LANDFILL

The member of the Board received and email from Town Secretary Linda Day providing an update on the progress of the installation and sampling at the capped landfill.

PROPOSED TREATMENT PLANT AT EMERSON SCHOOL

Board member Mark Sprague reported that the WWTF Committee is contemplating splitting the project into two phases.  An RFP is being prepared for the oversight of the project for engineering, etc.  The cost of the project will be determined by how much of the present system can be used.

WASTE MANAGEMENT GARBAGE LICENSE

After discussion, the Board voted to issue the garbage license but to advise Waste Management that in the future they must provided the required information in a timely manner.

LONG SEWER LINE INSPECTION REPORTS

The Board discussed an annual date when all homeowner would conduct inspections and report to the Board.  After discussion, the Board voted to designate September 1st of each year.

BEAVER ISSUES – BURNHAM ROAD

The Board inspected the property on Burnham road on Thursday, July 28th.  In the course of the site visit, the Board requested further information from Mr. Taylor.  After discussion, the Board decided that unless there in an eminent threat, open trapping season will begin in November and they would not sign an emergency permit for trapping.

TOBACCO LICENSE – Country Cupboard was signed by the Board with an expiration date of August 23, 2006.

263 SUGAR ROAD – RISEBOROUGH

The Board reviewed the as-built plan.  After discussion, the Board voted to request the annual inspection to be completed by the homeowner.  

Recorded Documents Received:

Long Sewer Line Variance – 188 Hudson Road – Klein

Meeting Adjourned.