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Board of Health Minutes April 24, 2007
Board of Health                                         Present:        Mark Sprague
April 24, 2007                                                          Andrea Gilbert
                                                                                
The Board of Health met at Town Hall at 6:30 pm

BUILDING PERMITS APPROVED:

29 Old Sugar Road – The contractor and Mrs. Tuck, the owner, met with the board.  They are proposing the addition of a three car garage and home office.  A mud room will attach the house to the new garage.  The new septic system is designed for a four bedroom home.  After discussion, the board voted to approve the building permit with a four bedroom deed restriction.

151 Fox Run Road (Lot 39) – New Construction
Chuck Yannakopoulos recently purchased the above lot.  Mr. Yannakopoulos met with the Board to request a transfer and extension and to have a building permit signed for new construction.  The septic permit is for a five bedroom system and the building plans are for an eight room home.  

SEPTIC PERMITS APPROVED:
149 West Berlin Road – Extension
Lot 3 Long Hill Road – Revised Plan
Lot 3 Harvard Road
Lot 39 Fox Run – Transfer and Extension

INSPECTION REPORTS:
188 Sugar Road –  The Board of Health reviewed the Title 5 inspection report, together with well tests, and no failure criteria were noted in the report.
142 Kettlehole Road - The Board of Health reviewed the Title 5 inspection report and no failure criteria were noted in the report.
133 Nashaway Road - The Board of Health reviewed the Title 5 inspection report and no failure criteria were noted in the report.
3 Oak Trail - The Board of Health reviewed the Title 5 inspection report and no failure criteria were noted in the report.
726-728 Main Street – The Board of Health reviewed the Title 5 inspection report.  Inasmuch as the well is less than 100 feet from a septic system, the well must be tested.  In addition, the following must be completed:

1.      The laundry flow must be tied into the main system;
2.      The existing old system must be crushed and filled (documentation must be submitted)
3.      The Board of Health is requiring re-inspection six months after occupancy;
4.      It is the responsibility of the owner to test the old fire station well annual pursuant DEP letter dated April 20, 1989.

This report will be considered incomplete until these items have been addressed to the satisfaction of the Board.


LOT 4 HARVARD ROAD

Present:  Chris McKenzie from Whitman and Bingham, Abutter Tanja & George Ruckendorff

Mr. McKenzie met with the Board to request a variance for out of season testing.  The testing was done in December, 2006.  The original design called for a 600 foot sewer line.  The new proposal places the septic system and well in proximity to the home.  Mark Sprague explained the testing process to the abutters present and stated that he believes that this is a better plan than the one already in place.  After discussion, the board voted to approve the request.

33 BURNHAM ROAD

Stephen Sears, Ross Associates, Abutter Mrs. Skinner

Mr. Ross met with the board previously to explain the lot line change regarding 33 Burnham Road.  The correct lot lines have now been determined.  The new septic system installed was inadvertently installed on Mrs. Skinner’s property.  A new system will be installed with the old system being abandoned.  

Mr. Sears met with the Board to request the following variances for the second new system:

Regulation 2 – Reserve Area
Regulation 3 – Out of season testing
Regulation 4a – Perc testing
Regulation 5 – Distances
Regulation 7a – Sewer line length

After discussion, the Board voted to approve the request with the condition that there is an annual inspection of the sewer line by the homeowner.

416 SOUTH BOLTON ROAD

Present:  Stephen Sears, Ross Associates

Mr. Sears met with the board regarding an upgrade of a failed septic system.  The system is a two bedroom system.  The following variances were requested:

Regulation 2 – Reserve Area
Regulation 3 – Out of season testing
Regulation 4a – Perc tests
Regulation 5 – Distances
Regulation 16 – Cover
15.405 (l)o
15.405 (l)(a)
15.405 (l)(g)

After discussion, the Board voted to approve the request.

SUNSET RIDGE DISCUSSION

Gerry Buzanoski met with the Board to discuss the revisions to the septic plan for the proposed development, Sunset Ridge.  Mr. Buzanoski has responded to Bill Brookings comments and provided the board with his comments.  Over time, there have been discrepancies in the results of testing.  Andrea Gilbert stated that she would like an opportunity to digest the information provided to the Board.  Because there are gaps in the areas of testing, it was suggested that additional testing be completed.

After discussion the board asked Mr. Buzanoski to meet with the board on May 8th at 7:15.  This will give the board time to review the information provided.

MARTHA ASHE

Martha Ashe met with the Board to discuss the proposed Agricultural Preservation by-law that is on the May 7th Town Meeting Warrant.  Ms. Ashe asked the Board what they thought of the Article.  Ms. Gilbert stated she has not had an opportunity to review the Article.  Ms. Ashe will be proposing an additional amendment on Town Meeting Floor.  She would like to see the following added:

However, in residential areas normally accepted non-commercial agricultural practices are practices that minimize their impact on neighbors.

Ms. Ashe provided the board with her comments and the amendments she is proposing for Town Meeting.  Andrea Gilbert stated that she felt that the change did not make a substantial difference in the wording.

BOLTON ORCHARD

Present:  Sara O’Toole and Kenny Janda

Bill Brookings advised that when the system was upgraded in 2000 it was with the understanding that the system would be checked periodically.  The Board has not received the monthly reports.  Ms. O’Toole advised that the inspections have been completed but she did not realize that they needed to be forwarded to the Board.  Ms. O’Toole will make sure the reports are provided in the future.

Bill Brookings asked what flow was generated by the drip tank.  A drip tank is mandatory for serving ice cream.  Mr. Janda stated that he did try to find out but was told that it was similar to a leak.

The Appeals Board gave Ms. O’Toole until after Labor Day to ascertain whether ice cream will be an asset to her business.  The Board of Health is also willing to give Ms. O’Toole until after Labor Day to report back to the board, provided the flow for the required drip well in within acceptable limits.

359 BERLIN ROAD – PINSKY

The Board approved an upgrade on the system for this house in December, 2006.  When excavation was done, they found a finger of ledge between the two passing test holes.  The engineer is proposing changing the location and layout of the system which requires variances.  After discussion, the board decided that a variance hearing would not benefit any party and waived the requirement.  Mark Sprague request that further ledge check be completed.

ANNUAL SWINE AND GARBAGE LICENSES

The following licenses were signed by the Board:

JoBarb Farms
C B Ettinger
Tully Disposal and Recycling
Sons of Kristoff, Inc.
Casaceli Trucking

No renewal information was received from Wastewater Management Inc.  A penalty of $50.00 per week will be assessed until the required payment and information is received.

662-664 MAIN STREET

No payments for septic upgrade escrow have been received from the owner of 664 Main Street, after repeated requests.  Correspondence will be sent to the Hannaways requiring them to meet with the Board on May 8, 2007 at 7:15 pm.

REGENCY AT BOLTON

Regency at Bolton is a 40B project that is age restricted to 55 and older.  All units are two bedroom units with a designated flow of 150 gallons per unit per day.  The Board viewed the prospectus that is being provided to potential buyers.  Upon review, it was noted that the Chaceley model is being marketed as a unit with a loft that could be utilized as an additional guest bedroom, making a three bedroom unit.  In addition, the upstairs loft areas contain closet space.   The prospectus also states that “bonus rooms” and finished basements are also available.  After discussion, the Board is requiring that the prospectus be changed to clearly state that all units are two bedroom units, closet space in the open loft areas must be removed and each individual deed must contain language restricting the unit to a two bedroom unit.  Correspondence will be sent to Toll Bros. advising same.  If potential buyers are finishing additional space beyond the stated floor plan, the Board of Health must be advised.

Bill Brookings provided the Board with a copy of the redesign on The Regency.  The Board approved the redesign.

SCHOOL ASSESSMENT AIR PLAN

The Board had required that the school department provide a response and plan on the Air Assessment Report for Emerson and Florence Sawyer School.  This information was to be provided to the by Board by the beginning of April.  To date, this information has not been received.  Correspondence will be sent to Bill Spratt requiring that the response plan be provide for the next Board of Health meeting on May 8th or Mr. Spratt be present to explain why it is not available.  

37 WHITCOMB ROAD

Temporary occupancy was granted in 1997.  The revised as-built and certification letter was never received.  These items must be completed before any additional construction will be reviewed.  

EXTENSION OF IN-SEASON TESTING

Due to the weather this spring, the in-season testing period was extended until May 15th.

Meeting Adjourned.