Board of Health Present: Chris Rogers
November 28, 2006 Andrea Gilbert
Mark Sprague
The Board met at the Town Hall at 6:30 p.m.
BUILDING PERMITS APPROVED:
28 Annie Moore Road – Basement Finish. Building permit approved subject to a four bedroom deed restriction being placed on the property.
54 Corn Road - Shed
SEPTIC PERMITS APPROVED:
Lot 32 Fieldstone Way
Lot 33, Fieldstone Way
Lot 34 Fieldstone Way
Lot 35 Fieldstone Way
Lot 24 Ledgewood Circle
Lot 25 Ledgewood Circle – Approved with an annual inspection by homeowner
Vaughn Hill Road – Lot 1 - Extension
INSPECTION REPORTS:
6 Norse Road - The Board of Health reviewed the inspection report and no failure criteria were noted in the report
125 Fox Run Road - The Board of Health reviewed the inspection report and no failure criteria were noted in the report
156 Century Mill Road – The Board of Health reviewed Inspection report. Page 12 of this report does not provide any information on the Pump Chamber and/or Alarm. This report will be considered incomplete until this information is received by the Board.
21 Century Mill Road - The Board of Health reviewed the inspection report and no failure criteria were noted in the report
73 Bolton Woods Way - The Board of Health reviewed the inspection report and no failure criteria were noted in the report
118 Kettlehole Road - The Board of Health reviewed the inspection report and no failure criteria were noted in the report
50 Vaughn Hill Road - The Board of Health reviewed the inspection report and no failure criteria were noted in the report
53 Vaughn Hill Road - The Board of Health reviewed the inspection report and stated that Page 9 indicates that no outlet baffle or tee was present on the septic tank. In order for the septic tank to operate correctly, an outlet baffle or tee must be present. This report will be considered incomplete until this has been repaired and written verification has been provided to the Board.
291 Harvard Road - The Board of Health reviewed the inspection report and no failure criteria were noted in the report
871 MAIN STREET – ERLICH
Carol Erlich met with the Board to discuss her property. Although the cesspool and well both passed Title 5 inspection, there is not the required 50 feet distance separating the components so the property failed. Ms. Erlich is asking the Board for direction in solving the problem. Mark Sprague asked the age of the components. Ms. Erlich indicated that she believes the components are installed when the home was built.
Mark Sprague stated that the board would like to see water tests for coliform, nitrates and ammonia. Bill Brookings suggested that a complete water test be completed. Mr. Brookings will provide Ms. Erlich with a sample collection bottle. Ms. Erlich will meet with the board again when the water tests are received.
220 MAIN STREET - MENTZER
Neil Gorman of Ross Associates, Bob Roemer, Tom Parker
Mr. Gorman met with the Board to discuss the results of the perc tests for the proposed backland lot on the property. Suitable perc were obtained for Mrs. Mentzer’s existing lot.
Additional testing was completed over two days on the proposed building lot at the rear of the property. They were not able to obtain the necessary percs in the needed configuration. They asked the board if they would consider allowing a variance for a 60 minute perc.
The members of the Board collectively indicated that they have not allowed this variance in the past and would not consider a variance in this case. Chris Rogers stated that although they did propose a compelling argument, the State did not provide backup their reasoning as to why the regulation changed in 2005 and until such time as the information is forthcoming, the Board will not entertain this variance.
The representatives of the Conservation Trusts stated that the alternatives could perhaps be that the Town would consider purchasing the entire lot or a developer could purchase the property and create more than the one lot than the Conservation Trust is looking for.
Chris Rogers stated that this hardship could be considered self imposed inasmuch as they created the lot then did the testing rather than doing the perc tests to create the lot.
They do have passing percs that could create both a primary and reserve under Title 5 guidelines, however, Bolton Board of Health Regulations require 4 percs, which were not obtained. The question was asked as to whether the Board would consider varying this requirement.
Mark Sprague stated that he would like to see testing for the fourth required perc to complete the testing. If the perc can not obtained, it may not be an appropriate place to put a SDS System.
Chris Rogers asked if the location of the lot is set in stone. Tom Parker responded that it is not but the Trust might not be able to carry this property until further testing could be completed. Mr. Rogers reiterated that he does want to see further testing and the Conservation Trust must meet the requirements that have been set for others who have requested this variance.
279 LONG HILL ROAD – BLANCHETTE
Steve Glover and Chris Blanchette
Mr. Glover provided the Board with the necessary newspaper notice and green cards. Mr. Glover is requesting a variance for out of season testing on Lot 1, which was completed on September 29, 2006. The additional testing eliminated the need for additional variances. In addition, a bed is proposed instead of a trench due to the slope of the property. Title 5 Regulations state that trenches should be used whenever possible. Mr. Rogers stated the question is whether trenches are possible on this property and how much of a difference there is between a trench versus a bed and New Title 5 vs. Old Title 5 which is “should vs. shall”.
After discussion, the Board voted to approve the request for a variance to Regulation 3, out of season testing.
Chris Rogers is requesting a compelling argument for the bed vs. the trenches. Mr. Glover and his engineer will be present on December 12th.
In addition, Mr. Rogers stated that it is the policy of the Board not to issue septic permits until there are establish lot lines. Therefore, this hearing was continued until December 12, 2006 at 7:30 pm.
302 S. BOLTON ROAD – WEST – CONTINUED HEARING
Larry Ducharme met with the Board to discuss the decision to place the upgrade of the system at the front of the property. Mr. Ducharme stated that before placing this system and scheduling testing he did check the standard soils map. Based on the layout of the property, Mr. Ducharme stated that if the upgraded system where to be place in the rear of the property, in would be in excess of 300 feet from the residence. Also, the rear of the property does contain wetlands.
Chris Rogers stated that due to the fact that this is an upgrade and these variances have been granted in the past, he is satisfied with this plan. After discussion, the Board voted to approve the requested variances (Rogers, Yes, Sprague, Yes, Gilbert No).
The Board is also requiring an Annual Inspection by homeowner. Due to the fact that what is being proposed is an Infiltrator system, the Board required a full Title 5 inspection every year for the first three years.
NORSEEN HEARING – LOOSE LIVESTOCK
The Board asked Susan Latham to provide the Board with a history of the situation at this property. Mrs. Latham stated that there is a long history, not only with this particular horse, but with many of the livestock that is housed on Ms. Norseen’s property.
Since the beginning of the year, there have been 46 complaints phoned into the police for animal complaints, 23 of these complaints have involved Nan Norseen.
Chris Rogers stated that he does have concerns because of Ms. Norseen’s proximity to Route 117 and Harvard Road which poses a threat to public safety.
Animal Inspection Phyllis Tower stated that the animals are well cared for and the issue does not revolve around care but rather containment of the livestock to Ms. Norseen’s property.
Police Chief Vin Alfano stated that he also has the same concerns as far a public safety. Chief Alfano would like adequate fencing at the property. Chief Alfano does feel that money is an issue. He would like a letter sent to Ms. Norseen stating that she must provide adequate fencing to contain Ms. Norseen’s livestock. The man hours, at the Town of Bolton’s expense, that are being spent on this problem are excessive.
After discussion, the Board voted to contact Ms. Norseen by letter including a copy of the Nuisance Statute and have said letter hand delivered. If Ms. Norseen does not comply, legal action may be instituted.
FLU CLINIC UPDATE
Administrative Assistant Andrea Schnepf provided the Board with an update on the upcoming flu vaccine clinic. After discussion the Board voted to allow employees and their families to participate in the flu clinic on a first come, first serve basis.
TOWN NURSE PROPOSALS
The Board is in receipt of the proposal from Nashoba Nursing. The Board would like to schedule a meeting with Nashoba Nursing, Seniors, Selectmen and Brooke James for the first February, 2007 meeting.
TREATMENT PLANT
A site walk was conducted this morning to look for alternative access. It was a productive meeting. There is a possibility that access could be just to the east of the Saltbox.
Meeting Adjourned.
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