Board of Health Present: Chris Rogers
July 24, 2007 Andrea Gilbert
Mark Sprague
The Board met at the Town Hall at 6:30 p.m.
BUILDING PERMITS APPROVED:
84 S. Bolton Road – Kitchen Expansion
58 West Berlin Road – Gameroom addition approved subject to bedroom deed restriction
43 Danforth Lane – Basement finish approved subject to bedroom deed restriction
SEPTIC PERMITS APPROVED:
Lot 33 Fieldstone Way
Lot 15 Drumlin Hill
16 Century Mill Road
80 Nourse Road
INSPECTION REPORTS:
1100 Main Street - The Board of Health reviewed the inspection report and no failure criteria were noted in the report.
155 Kettlehole - The Board of Health reviewed the inspection report and no failure criteria were noted in the report.
78 Frye Road - The Board of Health reviewed the inspection report and no failure criteria were noted in the report.
62 Green Road - The Board of Health reviewed the inspection report and no failure criteria were noted in the report.
266 Green Road - The Board of Health reviewed the inspection report and no failure criteria were noted in the report, however, the field work was completed on April 26, 2007 but the report was not received until June 14, 2007. Correspondence will be sent to the inspector requiring a new Title 5 Inspection Report.
259 Green Road - The Board of Health reviewed the inspection report and no failure criteria were noted in the report.
218 Sugar Road – The Board of Health reviewed the inspection report and noted that it was a “failure”. In according to the provisions of Title 5, 310 CMR 15.000, the Board if requiring that the system be “upgraded” within one (1) years from the date of the inspection. Correspondence will be sent.
217 Green Road – The Board of Health reviewed the inspection report and no failure criteria were noted in the report, however the property was vacant at the time of inspection. The Board required re-inspection 6 months after occupancy.
177 NOURSE ROAD – GERRY BUZANOSKI
Gerry Buzanoski met with the Board to discuss the upgrade of the septic system at the above property. The current system is in failure. Mr. Buzanoski is requesting the following variances:
Title 5: the use of Sieve Analysis in place of percolation testing to determine the effluent loading rate.
Bolton Board of Health:
Regulation 3: Groundwater Elevation
Regulation 4a: Percolation Test
Regulation 5: Distances
The ground was very wet at the time testing was tried. Sieve analysis was used in place of perc testing. The sieve testing came back at a 60 minute rate. Testing was not completed in the rear of the property as it was believed that the soils were consistent throughout the property. Bill Brookings concurred. Mr. Buzanoski also stated that soil maps show that the rear of the property is more of the same type of soil. An Elgin system is proposed. If an Elgin system is used, DEP requires an annual inspection of the system.
After discussion, the Board voted to approve the requests. Should Bill Brookings find, after final review of the plan, that additional information is needed he will so advise the Board.
SUNSET RIDGE
Gerry Buzanoski of Ducharme & Dillis and Vin Gately, the owner of the property, met with the Board to further discuss this project. Chris Rogers asked what direction the design is going in. Mr. Buzanoski stated that due to the restrictions of the Elgin system, they have reverted to a conventional system. Because of the change in the design, Mr. Buzanoski feels that this is a much better design although the breakout grade will be a foot and a half higher than with the Elgin system. The following variances are requested:
Septic Regulation Variances:
Regulation 2: Reserve Area
Regulation 5: Distances
Regulation 7: Length of Sewer Line
Regulation 13: Hydraulic Loading
Regulation 16: Ledge
Well Regulation Variances:
Well Construction Standards
The Variance from the well regulations was not included in the request letter to the Board. This variance is being requested because the local regulations may differ from the Public Water Supply Regulations. Mark Sprague is asking that they be more specific.
Regulation 16: Ledge. The original decision states that Approval is subject to Conservation Commission Review and Assent In addition, there is a memo from Concom stating that parties have not agreed on a wetland delineation. Administrative Assistant Andrea Schnepf will contact Concom as Mr. Buzanoski believes the review of this issue was an error on the original decision.
It is the Boards opinion that they are unable to act until the Concom issues are resolved. The developers are asking the Board for a letter to DEP stating that the Board approves the project conceptually in order for Mr. Gately to move forward. Andrea Gilbert stated that she feels that the Board has no alternative but to approve the requests due to the fact that this project is a 40B and this Board has no control over any of the variances.
The applicant stated they don’t believe that any areas of wetland concern impact the septic system. Residents present stated that they believe that there are additional wetlands.
Bill Brookings asked whether the Board is going to require an independent review of the property as stated in a memo from the Board of Health to the Zoning Board dated July 17, 2001. Mark Sprague asked where there are ledge constrains on the property. Mr. Buzanoski reviewed the testing information with the Board. He feels confident that he is knowledgeable as to the soils and ledge that are present on the site. Chris Rogers asked Bill Brookings if he is comfortable with his reviewed and he stated yes.
Mark Sprague stated that he does still have questions with the mounding review that was done based on the infinite plane. Mr. Buzanoski believes that the DEP will review this project and not just rubber stamp it.
After discussion, the board voted to waive the previous requirement of an independent review.
The hearing was continued until September 11, 2007 at 7:00 pm
GREAT BROOK FARM – BRUCE SLATER
Mr. Slater met with the Board to discuss the sale of ice cream at Great Brook Farm. Mr. Slater provided the Board with usage numbers for the public water supply. Mr. Slater stated that he does not run the dip well on days that are overcast and or raining as he does not sell much ice cream on those days. Prior to using a dip well, the scoops were washed with soap and water between uses.
Currently, the usage at the property is below what DEP allows. Mr. Slater stated that he has just been advised that irrigation must be included in the 1,000 gallon a day that he is allowed. Mr. Slater stated that he will be scaling down the nursery portion of his business.
At this point in time, Great Brook Farm has all the necessary paperwork and permits to sell ice cream on the premises.
After discussion, the Board voted to allow Mr. Slater to reopen the ice cream portion of his business.
460 MAIN STREET – KANE
Present: Larry Ducharme of Ducharme and Dillis, Attorney Philbin, Cathy Kane Adams, Conrad Decker of Drake Petroleum
Larry Ducharme met with the Board to discuss the subdivision of the property and acknowledged that a mistake had been made. Mr. Ducharme did research the issues.
Martha Remington stated that since the garage has lost in pre-existing, non conforming use status, she would like trees to be planted along the frontage of the property. She questioned whether town council has been consulted as to the status of this property. Mr. Rogers stated that the Board has not gotten a legal opinion from Town Council as he does not feel that zoning status comes under the authority of the Board of Health.
Ms. Remington asked whether there was a reserve established when the upgrade was completed in 2001. Mr. Rogers stated that in an upgrade situation, a reserve is not required. However, since this has become a subdivision situation, a reserve area is now required. Ms. Remington reminded the Board that there is an area reserved for a well as the placement of the current well is very close to the existing septic system.
Attorney Philbin asked for 90 days to look at the property and come back to the Board with a proposal. Mr. Rogers stated that he felt 90 days was a long time and asked Mr. Ducharme what he felt he would need to review this property. Mr. Ducharme stated that there would need to be some more extensive research and testing.
This matter was continued until October 9, 2007 at 7:00 pm
EMERGENCY PLANNING EQUIPMENT
Ken Gikas met with Andrea Schnepf on Tuesday, July 17th to deliver an Emergency Planning Kit provided by the Massachusetts Region II Public Health Emergency Preparedness Coalition. Don Baum, Bolton Emergency Management Coordinator was present at the meeting. Mr. Baum took possession of the kit. It was noted that the equipment associated with this kit was being housed at NABH. Ms. Schnepf called NABH and requested that the equipment belonging to Bolton be provided. Bill Brookings brought the equipment with him to the meeting. Mr. Baum was present and took possession of the equipment.
Mr. Ken Gikas will be present at the next Board of Health meeting on August 14th at 7 pm to discuss this program.
86 TEELE ROAD
The property currently has a 2 bedroom septic permit that was issued in 1992 at the time that this system was repaired. This house actually has three bedrooms. Connorstone Engineering, Inc. of Northborough, MA reviewed the septic plans and determined that this system can accommodate the existing three bedroom home. After discussion, Board accepted system for a three bedroom dwelling based on the letter prepared by Connorstone Engineering.
Meeting adjourned.
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