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Board of Health Minutes January 13, 2008
Board Of Health Minutes

Meeting held at Town Hall on January 13, 2008 6:30 pm
Members present:  Mark Sprague, Andrea Gilbert, Chris Rogers

LONG HILL RD MAP 4E PARCEL 33 VARIANCE HEARING
Present were Duane Henry, Brandon Ducharme and Larry Ducharme.  Bolton residents present included Ed & Linda Engelman, Andrew Owen, Martha Remington.
Mark Sprague recused himself from this discussion as he is an abutter to this lot.
Brandon Ducharme submitted the newspaper ad, certified receipts and return receipts.
The following variances have been requested:

Regulation 3: Groundwater Elevation
Required: At least one deep observation hole in each proposed leaching shall be provided during the period when groundwater is determined to be at its maximum elevation.
Requested:  A waiver to the requirement for in-season deep observation test holes and use of soil mottling (redoximorphic features) to determine seasonal high groundwater.

Regulation 4a: Percolation Test
Required: At least 2 passing (i.e. rates less than 30 minutes/inch) percolation tests must be provided in both the proposed primary leaching area and in the proposed reserve area.
Requested: Use of two percolation tests with rates of 40 minutes/inch and 43 minutes/inch as passing percolation tests pursuant to Title 5 Regulations.

Regulation 5: Distances
No disposal facility or water supply shall be closer to the component that the distances stated…
Required: A minimum one hundred (100) foot wetland to leaching facility setback.
Requested: A minimum wetland to reserve leaching facility setback of seventy-five (75) feet.

Regulation 12: Alternative Systems
Required: Prior to the approval of an alternative system for new construction the applicant must demonstrate that the lot can support a subsurface sewage disposal system meeting Title 5 and Bolton Board of Health regulations without a variance.
Requested: Approval of an alternative system without demonstrating the lot can support a fully compliant conventional system.

Brandon explained that the proposed 3 bedroom house with a presby system for 3 bedroom home is fed by gravity.  There is bordering vegetated wetland in front.  Due to site constraints, they are requesting waivers to Bolton’s local regulations.

The presby system puts primary in full compliance adds additional treatment than a conventional system.

Chris Rogers said that he does not have an issue with the concept of the reserve being in the buffer zone, but wants to know if they could at least get a conventional system.  What are the chances that you can show the primary and reserve out of buffer zone.  Given the area they have there is no way to fit a conventional system.  


It was noted that they got 4 variances and talked 3 of them to death.  They do not need a ground water variance Regulation 3.  Last meeting the scale error was going to give a better plan.  Bill went out with Larry to verify the test holes by the plan.

Larry claimed that at two meetings he discussed traditional and presby systems 4 or 5 ft into the buffer zone.

Martha Remington explained that in late 2006 she asked about these systems.  She does not think it is fair that new development rely on an alternative system.  She said that the property is marginal and she wants to reiterate that she wants the Board to stick to the requirements we have.

Ed Englemen asked a question about when an alternative system can be used.  It was explained that in order to use an alternative system you must meet the design system for the conventional system.

It was reiterated that the system on this lot meets Title 5 regulations for perc rate but needs a variance for local regulations.

Then the comment was made, so it is the states position if you meet Title 5 then you can install an alternative system.  Again it was said that the reason for the alternative system on this lot is only because the conventional system does not meet the local regulations.

Brandon Ducharme explained that a lot of people use the presby system because the system treats the affluent at a much higher degree.  It is also more aesthetic with the slope of the system.

Ed Engelmen asked “If it is better than a conventional system then why does the local Board require more?”

Andrea Gilbert answered “The Board is being cautious with alternative systems because they are new and there is not a lot of experience with them.”

It was also explained that the alternative system technology is moving toward operational maintenance.  The presby requires and annual inspection.

Mark Sprague asked “Can the Board site any other lots with reserves being permitted in the buffer zone, as well as, waiting for Conservation Commission?”

Andrea Gilbert explained that the perc rates are not ideal but this has been a lot for a long time, time has passed and things change.

Martha Remington said that she thinks the Board is making a big mistake by approving the variances.  Chris Rogers said that is the last non-conforming lot in the town, however, Larry Ducharme disagreed.

Martha Remington commented that she does not think that it is fair to sabotage your own rules and regulations that way.  Andrea Gilbert said that “We struggled with all of that”.  Martha said “I mentioned this three years ago and we are going to get more and more of these and it is really scary”.  Andrea said “I know we thought about that and we really struggled with all that, coming to this was not easy this has been a tough road.”

Chris Rogers expressed that this was a unique situation the applicant has been paying taxes as a buildable lot for a long time.

The Board voted unanimously to approve all the variances.
Regulation 3: Groundwater Elevation (Chris Rogers yes, Andrea Gilbert yes)
Regulation 4a: Percolation Test (Chris Rogers yes, Andrea Gilbert yes)
Regulation 5: Distances (Chris Rogers yes, Andrea Gilbert yes)
Regulation 12: Alternative Systems (Chris Rogers yes, Andrea Gilbert yes)

Preliminary plan for Sugar Rd. & GOLDEN RUN Map 5D Parcel 86
Present were Brandon Ducharme and Larry Ducharme.
Bob Kiley the owner of the former Toth property, this property is at the corner of Sugar & Golden Run and goes down to Pinehill.

Larry explained that they went out to test back in 2005 & 2006, Bill Brookings witnessed most of the testing.  The plan shows traditional lots, 18 House lots including the existing house are all ANR lots.  Existing house and 2 acres was sold 2 years ago.  Because this falls into major development, they need to submit a FOSPRD and a Traditional development.  Larry said they mostly lean toward FOSPRD to preserve open space.  However, he is obligated under FOSPRD to prove the number of traditional lots.  Larry said that he wants to show the Planning Board the FOSPRD with the shared systems and tell them that the traditional plan shows testing and septic areas with the traditional systems.

Larry noted that this piece of property has poor draining soils but did meet the 30 perc rate.  The flatter areas are sandy, they might want to go to shared system and do them in different areas.  Part of that thinking was the new storm water management where you minimize the area you disturb.  The shared system gives the benefit of constant monitoring.  #1 bounce off the Board for any comments concerns or queries.

Larry said he wants a variance free submittal.  Larry pointed out that this site lends itself to doing shared systems.  There may be some areas where there may be individual systems.

Chris Rogers explained that historically the Board is not adverse to shared systems.  Chris pointed out that a good template is the one the Board permitted on Wattaquadock and he would use that as a guideline.

Larry said that there would be a Homeowner’s Association that would maintain the shared systems.  He also explained that the state has stringent requirements for the shared systems.  The Homeowner’s Association would hold the escrow for the septic system.

The question was asked if there was going to be a treatment facility.  Larry explained that if there is 10,000 gallons per day or more on a site then you are required to have a treatment facility.  Larry said if all the houses were put on one system that a treatment facility would be more expensive and would require a ground water discharge permit.

Larry explained that because of the economy they may also be looking to phase this project, this is something they will discuss with the Planning Board.  There is an intermittent stream that goes through the property.  By having the systems contained on each side it would eliminate force mains having to go back and forth through the resource areas, less environmental impact.

Larry would like to tell the Planning Board that he discussed this project with the Board of Health using one to three shared system and a few individual systems.  Chris Rogers explained that conceptually we have seen it and our regulations support the shared system.

Larry said that you will be dealing with the 30-60 perc rate.  The Board said that they would prefer to have a variance free submission.

Sunset Ridge Peer Review – Board of Health
Present were Vin Gately, Gerry Lindsey, Don Provencher and Bridgett Hasley.
This is a discussion about the peer review submitted by Beals & Thomas.  Gerry Lindsey explained that the Beals & Thomas review refers to the affluent loading rate that was used for a pressure dosing system and that is accurate because the Title 5 system would be a pressure dosing system in this instance because it is more than 2,000 gallons per day.  If the presby system failed and a repair system was built, it wouldn’t be a gravity system it would be a pressure built system and there is a different rate used for the flow.  The presby is designed for a range 15-17 minutes which would fall between the range they have which is 14-19 so there really is no subsequent change to the presby system itself.

Gerry explained that all of the Town regulations that were identified were waived in the settlement.  The shared system comments are a moot point because it is not a shared system it is owned by a condominium, it is one owner.

Chris Rogers was concerned about the review comment that states that the
Gerry Lindsey discussed the perc rate brought up in the review.  He explained that what they had was A7 his understanding that the agreed upon perc rate was 15 per inch.  Gerry would like to talk to Bill.  The system was based upon 15 min perc rate because DEP approved this rate for the first system.  Some of the testing surrounds the system because the original system was bigger than the presby.

Mark questioned the hydraulic conductivity.  Don said he did not redo all the parameters and he doesn’t know if that would result in a substantial change in the mound height.  Don looked at the mounding profile once you get beyond the edge of the leach field the mound is less that 2.5 ft. as you go further away down the slope is 1 ft.  Mark said there is not an even distribution so you get more concentrated in one place.

Mark asked what does it do to the analysis to plug in 2 ft instead of 7?  Do you agree with 4.82?  Don said that he can’t say because he is not familiar with the Ralls table that was used in the calculations.  Don explained that for mounding analysis you can’t look at every parameter down the line or it would not work.  Don said that he will work out the conductivity.

718 Main Street
The Board received a complaint regarding the septic alarm going off at the building at the corner of Main & Wattaquadock.  After a brief discussion, the Board agreed to follow up with a letter that requires pumping records must be sent to us.

Emerson Well Update
Mark explained that he, Ken Troup, Bill Spratt & Joel Frisch (from Northeastern Geologic) reviewed the location of the well.  DEP is mostly concerned about the underground oil tank.  Estimates that Bill Spratt got to remove the underground tank were about $20,000 and estimates to put in water line from Sawyer to Emerson were about $20,000.  The plan is to put in a new water line, as long as, DEP knows we are moving ahead we hope to get a few years to complete the process.  It was noted that if the school population increases the Sawyer well does have the capacity to add another zone.

Outdoor Hydronic Heater
The Board reviewed the Outdoor Hydronic Heater regulations.

BUILDING PERMITS REVIEWED:
Public Safety Building – The Board did not want to review the building permit until Bill Brookings has reviewed the plans and submitted his comments to the Board.

SEPTIC PERMITS APPROVED:
571 Wattaquadoc Hill Rd. D Box Replacement based on Title 5 Inspection
Wattaquadoc Hill Rd. new lot
45 Hudson Rd. Presby upgrade

WELL PERMIT APPROVED:
738 Main St. Bolton Public Library destruction of a Private Well

INSPECTION REPORTS:
29 Wattaquadock Hill Rd. – The Board reviewed the report and wanted to verify groundwater depth and occupancy

MEETING ADJOURNED