Board Of Health Minutes
Meeting held at Town Hall on November 25, 2008 6:30 pm
Members present: Mark Sprague, Andrea Gilbert, Bill Brookings, Lisa O’Leary
Mass. Region II Public Health Emergency Preparedness Coalition
Ken Gikas Program Planner Massachusetts Region II Public Health Emergency Preparedness Coalition attended to present information on Public Health Emergency Preparedness. He gave booklets for preparedness for seniors for the council on aging. He explained that additional booklets can be ordered free of charge. Ken also spoke about the Memorandum of Understanding (MOU) and the Mutual Aid Agreement. The MOU is from the Medical Reserve Board. It needs to be signed by a representative of the Board of Health. This document tells the federal and state government that the Town of Bolton partners with the Medical Reserve Corp., and if we had a situation we can draw from other areas for volunteers. The Mutual Aid Agreement is for local Boards of Health that to agree to help surrounding towns but they
do not have to help if they cannot. Ken said that we need to put an Article on in May if we have not yet gone to town meeting. There is a Mutual Aid Agreement law in the Senate if it passes then the Mutual Aid Agreement is a moot point because then it will Mass Law. The Agreement was drawn up by Koperman and Page and it cannot be changed. Anything purchased with Region II funds that is valued of $500.00 need to be tagged. Lisa asked Ken about the specs for the laptop for emergency, he said that you can put whatever you want on it.
Ken met with the Vin Alfano, the Chief of Police and discussed the Emergency Dispensing Site as Florence Sawyer and Chief Alfano was not happy with this site selection for traffic flow reasons. Ken was able to get the EDS changed to the Nashoba Regional High School.
Ken gave the Board a binder for Emergency Management it contained a draft copy of the Emergency Dispensing Site (EDS) plan and a copy on disk. Ken explained that the Board of Health should get familiar with this plan. He noted that it is a Draft copy and he would like the Board of Health to review it and make any necessary changes. Ken explained that there are no more radios, but initially Don Baum got 5 radios. Ken said the problem now is that the batteries are no good they only last 2-3 hours so he is purchasing lithium batteries, if he gets the batteries he will be swapping them out. Mark Sprague took the binder to review first. Lisa O’Leary will coordinate with Ken to meet again in January he needs to have at least an hour block of time.
Long Hill Road MaP 4E Parcel 33
Duane Henry, Larry Ducharme and Brandon Ducharme were present.
Mark Sprague has recused himself.
Larry explained that when we last met there were changes in wetland line that impacted the system design. We chatted about alternatives, presby and a traditional, maybe do trenches within trenches which does not work because the primary is still in the wetlands buffer zone. The best we could do is a presby is variance free but the reserve would fall in the buffer zone and require Conservation Commission authorization. By sliding the system it is going further away from the testing so they would have to do additional testing in the area or seek relief for the 100 ft setback. In order to not have to do additional testing they would have to slide the system back then it will be less than 100 ft probably 70 to 80 ft. In a large piece of new property we would drop the hammer, we have had
these kinds of situations before.
Mark Sprague said if the house goes up it goes up but where does the Board want to draw the line. We did research on the West property but there was not clear documentation.
Andrea Gilbert and Chris Rogers agreed that this plan of getting it away from the abutters system, being an existing lot, the last small lot prior to current zoning with a presby system is the best they have seen yet.
Larry will have to do additional testing in the area they are in. The wetlands delineation changed the lot. Larry will not be able to test until next year because it is too wet now. Reducing the 100ft from the abutters system is not an option.
Chris Rogers explained that the West lot was required to do more testing.
Larry has been doing testing up until now.5 percs and all 5 percs passed. Larry thinks he is short one perc he will have to do one further over.
Mark Sprague said that at the moment the Presby does not impose his system.
Duane said presby systems are re-buildable. He said they are leaning toward more testing. Currently the testing in the footprint does not meet state or local requirements. Duane said he has been patient. Bill Brookings noted again the wetlands changed. Duane wondered if Larry got additional testing.
Larry said thinking out loud and said that if he had to get a perc . Larry rather see the well up gradient and move the system down. Larry said he can probably get away with one perc. Bill Brookings added that they need one perc. Discussion about additional testing is needed. Larry said he will put it halfway or more.
Chris said he is sorry the testing season is out. Larry said that he wishes the he could slide the system over.
The presby footprint allows the system to be compliant with Bolton offset requirements but needs additional testing. The conventional plan goes over the buffer zone line.
Duane will have some thinking to do.
Nan Norseen Hearing
Present were: Nan Norseen, Chief Vincent Alfano, Selectmen Ken Troup, Sue Storbeck, Susan Latham, Phyllis Tower, Joe Kovacs, John Mechlin, Terry Cogswell
Mark Sprague stated that the issue before us is several loose animals. Chris Rogers said it was three animals last time.
Nan Norseen pointed out that it was the stallion that got out with the mare she is breeding him with.
Mark Sprague said we were just out there in September and at that point everyone was satisfied with the fence on the property.
Nan said the stallion is in a corral she built it two years ago. First time he got out he slid out of the side panels, the third time he got out he pushed his way out. She said he had pulled the fence loose and crawled through the fence.
Nan said the mare is in heat and she pushed the fence out and the stallion jumped a four foot fence.
His corral is near the barn. He goes up the pipeline and comes out on Harvard Rd. Nan claims that now the stallion and mare are in stalls with electric fencing which she believes with resolve the problem to the best of her ability.
Nan asked for the Board to forgive her that she did not think that a mare would go into heat in the winter. She has solved the problem with electric fence and she said she has paid all the fines.
Andrea Gilbert said she is empathetic to the situation but in the end it is the same thing but the reason changes it is still the same underlying problem. Andrea pointed out that Nan has a different excuse is all the time, it is not OK anymore the Town is tired of it. Andrea told Nan that she clearly cannot reliably contain her animals.
Chris Rogers said he concurs 100% percent. Chris Rogers said it is not about the issue with Nan’s hip or the coyotes; it is about the accidents that have been caused and the potential accidents that can happen.
Nan said that she currently has: 4 horses,1 lama, 28 sheep (lambs will be moved off as they are born) and 7 goats.
It was noted that the horse paddock was never inspected.
Chris Rogers feels that the Board has bent over backwards, and our efforts are for not, he asked “Do we wait for a lawsuit to arrive?”
Bill Brookings explained that the Board can cite a nuisance. Chris Rogers said it is not only a nuisance, it is a public safety issue. Andrea Gilbert commented in the end we need to solve it.
Nan said that she will move, there will be no 4H it will have to be that way. Mark Sprague noted that ultimately 4h should not impose on the town.
Chris Rogers answered the town is being forced to take some kind of action.
Ken Troup said the Board of Selectmen is concerned with the public safety issue, it has got a stop, there is a danger to the animals and to the public.
Jon Mechlin asked if there is fine or ticket. He feels that Nan is a victim of the small farms
He suggested that if there is a law then there is a paper fine and escalation. Susan Latham explained that the Animal Inspector does write ticket for $20.00, many towns have layers that the fine increases but it is not an option in Bolton. She can only write a citation against violating a bylaw. Chief Alfano also expressed that there is no mechanism for increasing the fines. Chief Alfano said he can’t guarantee everyone’s safety, his police officers should not have to run through the dark woods in the middle of rush hour. Chief Alfano said this Matter of do we wait for the next accident or do we not. He respects Nan and what she does, he knows she loves her animals but it is not fair and dangerous to the animals.
Susan Latham said it was frightening looking for the animals
Joe Kovacs personal thought is that it appears that the resolutions come after the fact. Usually there is a perimeter fence as a second line of defense. She knows that she needs take extra care because of where she is located.
Joe Kovacs said he supports the level of fines. Ken Troup said the level of fines need to changed by town meeting, the Selectmen are willing to work with the Boards to solve the problem.
Nan said Phyllis was there tonight and she saw the electric fence I put in. Phyllis noted that there is an additional fence and it is better that what was there.
Chris feels this is a larger problem than this Board can resolve.
Immediate action is to remove the mare. Sue Storbeck said breeding situations are tougher, anyone with stallions have more fencing in place.
Nan commented that a mare in heat and the stallion with get there. There are a number of other people that have horses that have gotten out. She asked if we have a sense of how her facility has compared with their facilities. Nan said that the best way to get them to stay in is with the electric fence.
Joe Kovacs spoke with Nancy Caisse she had offered to the Board if they needed any information they can contact her.
Ken asked if the electric fence doesn’t work then what will she do. Nan said she has already bought electric fencing and she will have to supervise him more closely.
Nan promised that she will get rid of the stallion if there another incident. She feels she has the sheep under control. She has had the stallion for 7 years. She said she can guarantee that she is capable.
Susan said that there is no animal control law for endangering animal safety.
Ken asked if the Board wants to have a follow-up meeting, he suggested that they meet on the 4th and adjourn until then.
Chris said that he wants to see an action plan with consequences. Susan suggested that we talk to town counsel regarding liability. Andrea said we need to go to town meeting with escalating fines.
Chief Alfano explained that there are a number of Boards trying to solve this issue but the onus is directly on the owner of the animals.
By Dec. 4th Nan should have a list of what she had done between now and then, state definitely what her plan is so if this happens then you will get rid of the animal that escapes.
Nan said that she knows the problem and she knows how to solve it. All the other fencing is working.
The Board of Health agreed to go to the December 4th Selectmen’s meeting. Nan has agreed that any animal that gets out between now and then is gone. Nan also agreed that she will get the fencing fixed have then have someone look at it. She will create a plan for what will happen.
FORBUSH MILL RD.(TOWN PIT) SITE ASSESSMENT
The Board voted to have town counsel review before signing the site assessment.
PUBLIC SAFETY BUILDING & LIBRARY PLANS
The Board voted to review the plans at next meeting.
BOLTON WOODS WAY PUMPING
The Board discusses the annual pumping requirements for Bolton Wood Way. The Board explained that there is no association which was supposed to be established according to the original approval of the development. The tanks are only 1000 gallon tanks and the covenants suggest annual pumping.
133 FOX RUN RD.
Michael & Robin Conners submitted documentation that explained the removal of a water softener system and heater drip hose (humidifier) from the septic system, copies of the DEP documentation registering the new drywell was submitted. The Board reviewed and approved the documentation.
265 SAWYER HILL RD.
Paul D’Anello confirmed that he will attend the 12/9/09 Board of Health meeting.
68 WEST BERLIN RD.
The Board voted to allow the septic re-inspection to be done by June 1, 2009.
DEP AND EMERSON WELL
The Board voted to move this discussion to the 12/9/08 meeting.
CENTURY MILL ESTATES
The Board reviewed the Public Water Supply Easement Plan.
SPRING TRAIL WALKS
Town of Bolton Conservation Commission requests partnering with BOH for Spring trail walks.
The Board voted to work with the Conservation Commission on the Spring trail walks.
BUILDING PERMITS APPROVED:
66 Woobly – Enders building a 26 x24 barn on a foundation Board signed the permit but will send a letter that states the well head must be protected during construction.
51 Vaughn Hill Rd. – Solar panels
440 Still River Rd. – Extend existing screen porch
Regency - Additional Floor Plans for the Regency - The Board reviewed all the floor plans submitted and signed off the building permit
SEPTIC PERMITS APPROVED:
840 Main Street – This was a variance free previous permit issued Nov 04 extension granted in 07 so they need to apply for a new permit
255 Still River Rd - D Box Permit
INSPECTION REPORTS:
255 Still River Rd – The Board reviewed the inspection report, no failure criteria was noted
16 Quail Run – Page 7 of the report was resubmitted, the new page 7 was approved by the Board
DOCUMENTS RECEIVED:
158 W. Berlin Rd. – Form for Regulation 20
SYSTEM PUMPING RECORDS REVIEWED:
68 Bolton Woods Way – Lewis Varadi
715, 717 & 723 Main St. – JLS Family Trust
MEETING ADJOURNED
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