Board of Health Present: Chris Rogers
February 27, 2007 Andrea Gilbert
Mark Sprague
The Board of Health met at Town Hall at 6:30 pm
BUILDING PERMITS APPROVED:
Lot 18A Danforth – Approved subject to a four bedroom deed restriction
Lots 17, 19, 21, 23 Pondside Drive (Regency)
893 Main Street (Clubhouse Regency)
SEPTIC PERMITS APPROVED:
116 Sawyer Road – Upgrade approved subject to annual inspection by homeowner
440 Harvard Road - Linton
INSPECTION REPORTS:
None
LOT 3 CENTURY MILL – VARIANCE REQUEST
Present: Jack Malone of Whitman and Bingham Mary Beth and Stephen Centorino, abutters
Mr. Malone met with the Board to request variance on the above lot. This request has been before the board previously and was denied. Mr. Malone is requesting the following:
Regulation 5 – Distance between well and SDS
Regulation 13 – Hydraulic Overload
Well Regulation 4.1 (1) distances
Mr. Malone is proposing a FAST System. This system would have a maintenance agreement. The regulations changed prior to the initial testing so this lot has never conformed to regulations. After discussion, the board voted to unanimously deny the requests for the following reasons:
Hydraulic overload, which was required due to the proximity of the proposed primary and reserve fields to the SDS fields on abutting lots. The nitrogen loading calculations presented did not convenience the Board that the system, as designed, will not present a risk to public health. The soil on the site is very pervious, with a percolation rate of two minutes or less, with the system proposed to be installed up gradient of a wetland area and wells. It is the Board’s opinion that over time, the cumulative impact of these factors will pose ongoing risks to public health.
The Board denied the request for a variance to regulation 4.1, well location and Regulation 5, Distances. It was requested that the Board allow a well within 26 feet of a wetland resource area, instead of the minimum 100 feet. The lack of adequate separation between the well and a wetland exacerbates a public health risk from surface aquifers, which are more prone to contamination that bedrock aquifers. That sanitary seal is naturally compromised with age and this deterioration allows for possible well contamination. The greater the distance between the well and wetlands, with their saturated and flooding conditions, the less risk to public health. Recognizing this public health concern, the Board consistently requires a separation of 100 feet for new construction, and certainly no less than
50 feet.
CENTURY MILL ESTATES – LARRY DUCHARME
Present: Jeremy Downs and Mike Carter, GCG Associates, Andy Bendetson, Attorney Ralph Child, Attorney Meredith West, Larry Ducharme, Nat Tipton, Town Planner, Jackie Smith, Jake Foote
Andrea Gilbert rescued herself as she is an abutter to the project.
Mr. Downs provided the board with an overview of the project. A FOSPRD was approved for a maximum of 78 lots. Currently the project is 200 plus acres, with approximately half being developed.
Perc testing has proven 71 lots. Each lot will have its own septic system and they are proposing shared wells.
Chris Rogers asked how many wells are being shared. Mr. Downs stated that currently there are 33 wells. Mark Sprague stated that his interpretation of MGL is that each lot must have its own well.
Attorney Child stated that he feels that the statue is intended to provide for potable water. Chris Rogers and Mark Sprague stated their interpretation of the statue is that each well can only supply one building.
Mark Sprague stated that a well and septic on each lot is paramount to this Board. This board’s requirement for a well and septic on each lot could drastically change the layout of this subdivision.
Mark Sprague stated that by the middle of March this board is required to provide comments to the Planning Board. It took many months to resolve the shared septic system and he believes this will take longer.
Andy Bendetson stated that the subdivision approval is more about roads. He stated that he is not going to move the roads as shown. If this project were to go to a public water supply, the roadway would stay the same with the lot lines changing and the design changing. Mr. Bendetson wants to take the wells off the table and review the project just on the basis of septic systems.
Mark Sprague stated that the board is going to require a well and septic on each lot prior to any shared systems or wells so he believes it would not be prudent to pursue this plan without resolving these issues.
Larry Ducharme gave a brief history of this project. He stated in order to effectively fit a well and septic on each lot, it requires a larger lot than the one acre allowed under FORPRD requirements. Possibilities are less open space or fewer lots.
Mark reiterated that at this point in time, it is the Board’s determination that each lot must be serviced by its own well.
Andrea Schnepf read the comments as drafted by Sprague. After discussion, the Board voted to approve the comments as read and submit same to the Planning Board as follows:
The Bolton Board of Health has performed a preliminary review of Application for Approval of Century Mill Estates, received Feb 1, 2007.
Based on this preliminary review, the following issues have been noted:
1. The proposed SDS leaching areas appear to avoid areas of slow or failing PERCs that the Board would not allow.~ Thank you.
2. PERC and deep hole test results around the proposed leach areas have been provided.~ Additional testing was performed, and it is expected that the additional testing data will be included in the individual lot plans.
3. No testing information was provided for Basin lot 8/9.
4. The PERC rate for Basin 18/19 would be considered unacceptable for use with a SDS.~ The extent of the slow soil needs to be determined to understand the overall effectiveness of this detention basin.
5. The Bolton Board of Health interprets MGL 40:54 to require each lot to contain a well serving only the house on that lot.~ Shared wells are only allowed as part of a public water supply.~ The current design does not conform to this requirement, and must be modified.
6. Of special concern are the 3 wells shown on Parcel G.~ The Board will require details on the exact number of houses that would be connected to each well, how the applicant will determine and control the number of residents served by this well field, and certification from DEP that this does not, and will not, constitute a public water supply.
7. Additionally, each fire cistern must be supplied by its own well, or the well(s) of the public water supply.~ Utilizing the well from an individual house would not be allowed.
As always, once the definitive subdivision has been accepted, the Board of Health will not consider any variance requests that arise by design or sequencing of the subdivision.
Based on the information provided, the Board of Health considers this submittal substantially deficient.~~ A vote under Bolton~Subdivision Rules and Regulations was taken at the~regularly scheduled meeting on Feb 27, 2007 unanimously approving this review and comments.
871 MAIN STREET – ERLICH
Andrea Gilbert reported that she will be meeting with a representative from DEP on Thursday, March 1, 2007
TOWN NURSE
Chris Rogers reported that he will be contacting Brooke James for her input as to the replacement of Town Nurse prior to the next Board of Health meeting.
REGENCY AT BOLTON
Administrative Assistant Andrea Schnepf asked the Board if she and or Bill Brookings are authorized to sign all future building permit applications for the Regency at Bolton. Ms. Schnepf has contacted DEP and they are comfortable with the public water supply time line.
After discussion the Board voted to allow Andrea Schnepf and or Bill Brookings to sign all future building permits submitted by the Toll Bros. for the Regency at Bolton at their discretion.
Meeting Adjourned.
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