Board of Health Present: Chris Rogers
June 12, 2007 Andrea Gilbert
Mark Sprague
The Board of Health met at Town Hall at 6:30 pm
SEPTIC PERMITS APPROVED
Lot D Main Street – First Bolton Realty Trust. Approved with the condition that the well be testing in accordance with Bolton Board of Health Regulations also to include VOC-EPA524.
726-728 Main Street – D-Box
279 Long Hill Road – Redesign
34 Fieldstone Way - Transfer
INSPECTION REPORTS
277 Harvard Road - The Board of Health reviewed the inspection report and no failure criteria were noted in the report.
64 Sugar Road - The Board of Health reviewed the inspection report and no failure criteria were noted in the report.
44 Corn Road - The Board of Health reviewed the inspection report and no failure criteria were noted in the report,
50 VAUGHN HILL – ADDITION
Jonathan Mechlin met with the Board to discuss a land swap between neighboring properties in order to create large enough property line offsets at 50 Vaughn Hill Road to build an addition. Mr. Mechlin provided the Board with a copy of the floor plan which is in keeping with the current 4 bedroom septic permit. The addition would not go over the maximum number of rooms allowed under the current permit. The land swap could be deemed a subdivision of the property thereby requiring a full Title 5 on each property. Mr. Mechlin is asking the Board to waive the requirement for the Title 5 on the adjoining property. There is a passing Title 5 on the lot where the addition is proposed to be built. Inasmuch as the division of these lots does not create an additional lot, the Board does not view this as
a subdivision of the land.
After discussion the Board advised that a full Title 5 inspection is not required on the adjoining lot.
SUNSET RIDGE
Present: Gerry Buzanoski of Ducharme & Dillis, Vin Gately,
Abutter: Jan Garity, Doug Gold, Lorraine and Bill Hanson, Bridget Halsey, Alexander Roca.
Gerry Buzanoski is meeting with the Board to further discuss the proposed Sunset Ridge Development on Wattaquadock Hill Road. Mr. Buzanoski would like to resolve the three outstanding issues. He stated that they would be providing six feet on the trenches which does meet all regulations. The DEP guideline for the size of the system is seven modules per bedroom. Mathematically, 5.4 units should be acceptable. Mr. Buzanoski is hoping to receive something in writing from DEP to help resolve this issue. DEP’s decision was that they would not approve or vary the seven modules per bedroom without getting conditional approval from the local Board of Health allowing this reduced system to be installed. Mr. Buzanoski would like to pursue this approval. Members of the Board
questioned whether there would be ongoing monitoring of this system. Mr. Buzanoski advised that there should be. Chris Rogers asked that he find out a definitive answer before they met next with the Board.
Earlier in the year the Board requested further soil testing on the property. The testing was completed and did not have a favorable outcome. There did find additional ledge and further failing test holes. This has required that they reduce the area that can be utilized for the system. This would require that the lower trenches be raised and a retaining wall must be built. If the Board does not entertain a variance for a reduction in the number of modules per bedroom, Mr. Buzanoski would be required to redesign back to a conventional system.
Mark Sprague questioned when and if this pilot system crashes, who is responsible for the replacement system. Mr. Buzanoski indicated it would be the condo association once they took title.
An abutter asked with the definition of failure is with the pilot system. Mark Sprague explained that with a re-circulating sand filter, the material going to the leach field would, in theory, be cleaner. However, it would have the same ramifications as any failure.
Mr. Rogers stated that although he is not comfortable with being a pilot program, if the technology is the same but the monitoring is more stringent, everyone might benefit.
This matter is on for a public hearing on July 2, 2007 at 7:15 pm.
79 SAMPSON ROAD
Mr. Steve Poole and the homeowner met with Board to request variances to upgrade a failed system. The homeowner did a voluntary Title 5 inspection. Mr. Poole is proposing a Presby System and is requesting the following variances:
Amount of cover over ledge
Groundwater offset from four feet to three feet
Out of season testing.
After discussion, the Board voted to approve the requests as follows: Gilbert yes, Sprague no, Rogers yes.
BOLTON ORCHARD
Rob met with the Board to further discuss the upgrade of the public water supply. Rob advised that they have gotten preliminary DEP approval. It was decided at a prior meeting that as long as the system is inspected monthly and there are no problems they can continue with the current system, however, the Board reserves the right to revisit this question at a later date.
REGENCY AT BOLTON IRRIGATION WELL
Present: Eric Carlson, Land Development Toll Bros.
Donald Provencher with Provencher Engineering
Mike Skillings, Well Driller
The above gentlemen met with the Board to discuss the installation of an irrigation well on the Regency at Bolton property. Mr. Provencher stated that there are 3 public wells that supply the public water for the development. With the planned density of the project, they are close to the maximum allowed of 10,000 gallons per day. and the approval of this public water supply did not include irrigation. Because the Zone 1 cannot be expanded and provide water for irrigation, they are proposing the installation of an irrigation well. The water from this well would be minimally treated. Mr. Carlson stated that it is their intention to limit the amount of irrigation on the property.
Mr. Rogers asked if this is going to be a closed system. Those present indicated that it would be. After discussion, the Board approved the request for an irrigation well as long as all offsets are met and it is installed in accordance with regulations as follows: Gilbert no, Sprague yes, Rogers yes.
196 RANDALL ROAD – ROGERS
At the time the septic permit was obtained for the above property there was a question as to whether the system would need yearly inspection by the homeowner or a Title 5 Inspector. The Board will be meeting at the property at 5 pm on June 26, 2006 to make this determination.
ALTOCID FOR MOSQUITO CONTROL – PUBLIC HEARING
In the past, the Board has utilized the use of Altocid in the catch basins of the town to control mosquitoes. Typically, the mosquito that carries illness is one that breeds in small catch basins or small pools of water. Altocid is used in the control of the larval stage of the mosquito.
After discussion, the Board voted to approve the purchase of Altocid for use in the catch basis of the Town.
23 HARVARD ROAD – NORSEEN
In November of 2006 the Board contacted Ms. Norseen with regard to the frequency that her livestock was off her property. Ms. Norseen was given 30 days to repair and/or replace her fencing so as to contain her livestock on her property. It was the Board’s feeling that Ms. Norseen did comply with the Board’s order at that time.
Beginning in May of 2007 through the present there have been 13 large animal complaint’s involving Ms. Norseen’s livestock, two complaints within 20 minutes of each other on June 8th.
After discussion, it is the feeling of the Board that this matter must be addressed by Ms. Norseen and corrective action taken. If this matter is not resolved to the satisfaction of the Board, they will have not alternative but to take legal action against her. Members of the Board will be in contact with Ms. Norseen.
KANE PROPERTY DEVELOPMENT
The Board reviewed the letter prepared by Chairman Mark Sprague regarding the subdivision of the land. After discussion, it was agreed that the letter should be sent certified mail. A synopsis of the letter is as follows:
This piece of property was last before the Board of Health on 8/23/2005 and 9/13/2005. At that time, a single family dwelling was proposed for the easterly section of the parcel. The proposal was withdrawn by the applicant when proof that the subdivision of property endorsed by the Bolton Planning Board on 1/21/1962 (Worcester Registry of Deeds; Book 726; page 16). At the 9/13/2005 Board of Health meeting, the Board pointed out that the Subsurface Disposal System serving the Mobil Gas Station does not comply with Title 5 Regulations.
In reviewing the deeds involved in this parcel, it appears that the proposed subdivision from 1962 was ultimately recorded on 12/11/2006. As you should have been informed at that time, subdivision of land triggers certain provisions in M.G.L. 310CMR15 (Title 5). In particular, section 310CMR15.010(2) specifies “The division of a facility shall not be approved unless the local Approving Authority has determined that the division will not put existing systems in noncompliance with the Title 5 and the applicant has demonstrated to the satisfaction of the local Approving Authority that the division of property will not prevent the upgrade of existing systems in accordance with Title 5.”. Further, Town of Bolton Board of Health Regulations: Requirements For The Subsurface Disposal of
Sanitary Sewage Regulation 9 states “When one or more lots are subdivided from a parcel of land with a structure discharging into a disposal system, a plan showing the location for the septic tank, leaching system, well, and a leaching system expansion area must be submitted for the existing structure on the subdivided lot. The future sewage disposal expansion area for the existing structure must meet Bolton Board of Health regulations for a new subsurface sewage disposal system. The plan must be prepared by a registered professional engineer or registered sanitarian and receive Board of Health approval prior to approval of subsurface sewage disposal works construction permits for lots subdivided from the original parcel with the existing structure.”
Failure to obtain this approval triggers a violation under 310CMR15.024(4). This violation voids the septic permit for the existing Gas Station, and all activities at this business must cease within 30 days of receipt of this letter.
TOBACCO ALLIANCE
The Board of Health Tobacco Control Alliance invited the member of the Nashoba Board of Health to participate in a program to enforce Tobacco Control Regulations. Our local regulations will be enforced. They will apply to the State for Funding so there will be no cost to the Town. They will also enforce the State’s General Law.
After discussion, it was voted to become a part of the Board of Health Tobacco Control Alliance.
Meeting Adjourned.
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