Board Of Health Minutes
Meeting held on October 28, 2008 6:30 pm
Members present: Mark Sprague, Andrea Gilbert, Chris Rogers, Bill Brookings, Lisa O’Leary
Variance Hearing SDS Upgrade - 1027 Main Street
Brandon Ducharme (engineer for Ducharme & Dillis) and Mr. Steven Rodman (an abutter) were present.
Brandon submitted the newspaper ad, certified receipts and return receipt cards.
Variance requested for Regulation 3 Groundwater Elevation to perform out of season soil testing to expedite the repair of the existing failed system.
Brandon explained that the existing septic 4 bedroom system installed in the late 1970s failed title 5, they did testing and redesigned system for 4 bedrooms of a new 1500 gallon septic tank to a distribution box to two 50 foot trenches. The new system meets Title 5 and local Bolton Regulations with the exception of an in season test hole as required, because they did the title 5 this past month triggered by home sales.
Brandon said that he believes that the system hydraulically failed and pointed out that the system is over 30 years old. Bill Brookings explained that the modeling was deep dry sand and gravel that matched the testing of the original system.
Chris Rogers noted that this is just and upgrade with a request for out of season testing. The Board asked if Mr. Rodman had any questions or issues. Mr. Steven Rodman said that he had no questions or issues. Bill Brookings explained that two abutters called him because they could not make the meeting and they said that they did not have any issues with this. The Board voted to approve the variance for Regulation 3 Groundwater Elevation to perform out of season soil testing to expedite the repair of the existing failed system.
Long Hill Road MaP 4E Parcel 33
Larry Ducharme, Brandon Ducharme and Duane Henry were present.
Mark Sprague recused himself as he is an abutter.
Larry explained that since his last meeting with the Board of Health he was waiting to iron out some wetland issues. The main focus on that was originally the area out in back and he believes that the determination on that is that it is not. However, the Conservation Commission contracted with a peer consultant to review the wetlands behind the house, as well as, look at the delineation of the wetland line they did in front. In fact the line is different they found it different than what it was originally flagged and delineated. The new line with Eco Tech (the town’s peer review) impacts us and changes our design because we no longer meet the requirement for the setback from the wetlands. We can meet a title 5 system, we can meet a Bolton system with two waivers or a
Presby system with one waiver in addition to percolation rate and offset to an abutting system. This is the traditional proposed reserve and primary and we are only 90ft. off the wetlands we were fine under the old line but with the line being moved it has pushed everything up and over. So we have a little bit different plan than we brought in to you months ago, almost a year ago. So we are still looking for a waiver to the percolation rate from 30 to 45 and for the traditional system, a waiver on the offset to wetlands to the reserve area Bolton requires 100ft and we have only 90ft. and we would be looking for a waiver for the offset to a septic system, we do not know exact location of the abutting system but based on the information we have it looks like we would be less than 100ft from that system at this point. Chris Rogers asked approximately the distance to the abutting system, how close are you? Larry explained that he needs some help with that
because the system is an old system the information is very vague. Larry said he hates to be so vague but he does not know exactly.
Bill Brookings said that the inspection report says the system is 15ft off the property line but he does not know how accurate that is. Mark Sprague said from the inspection we had it was not too far off of that. Chris Rogers pointed out that if Mark’s system is 15 ft off the property line and the new system is proposed to be 26ft off the property line, so it is not going to make the offset.
Brandon said based upon the sketch that Bill Brookings had it looks to be greater than 50ft but less than 100ft. Chris Rogers asked if the reserve would still be in the buffer zone as proposed. Larry said as a traditional but we could do a Presby and actually pull the reserve to be compliant. Larry said the traditional system would be 10ft into the buffer zone.
Chris Rogers said “so this is it.” Larry said yes, we thought it was it before but we were dealing with the outstanding issue with the wetlands out back and in front and that’s what changed. Larry said there should be no other changes. Mark Sprague asked if the original plan had the top of the system 7 or 8 ft. high, Larry said it could be because the groundwater is so high over there.
Chris Rogers asked “What do you want from the Board tonight, this is not presented formally it’s presented informally?” Larry said first of all we needed to come back to you to let you know what we have found. Chris Rogers said that they appreciate that. Larry explained that Duane’s objective is to get a permit on this lot, it is a grandfathered lot, he has been paying taxes on it for a long time and he would like to put a house on it. We want to pursue trying to do that. Larry said that this is not a formal submittal but things have changed and we want to show you where we are at. Chris Rogers said that’s a big change. Larry said it is with Bolton’s regulations, we can still meet Title5 and with the Presby meet most of Bolton’s except for
one. Larry said the offset to the system was granted before in new construction. Chris Rogers agreed that it has been and he was trying to remember. Larry said it was done for the Melanson’s on South Bolton Rd. Bill Brookings said that the Melanson’s lot was actually on Spectacle Hill Rd. Larry said that the Melanson’s lot was also a pre-existing lot that had been around for a long time and they did grant it on that one. Larry said he thought it was back in the late 90s (1998 or 1999). Bill Brookings said the original permit was issued in 2000. Bill also said the Melanson’s lot had a distance variance (offset between systems was 86 ft vs. 100) and a hydraulic overloading variance. Larry said that this is one that he knows and he has submitted a number of them. Chris Rogers wants to know how available the minutes are for that meeting (October 14 2000), Lisa O’Leary said that she would have to
look it up. Chris wants to get an idea because he honestly would tell you that he does not think that we have ever varied that particular regulation. Chris was wondering if there were any extenuating circumstances there. Chris said that he remembers walking the lot and that there was a lot of testing done there. Larry’s recollection was that Arthur felt that he had had the lot for a long time, paying taxes on it and he should have the right to put a system on it, there may have been other issues that I don’t recall. Bill Brookings said that the minutes would probably discuss the rationale behind it.
Chris Rogers said that this is an established lot shown as a building lot upstairs at the assessor’s office? Larry explained that the lot has been in existence since 1948 or 1949, Duane said it has been in the family that long was not sure how long it has been a building lot he would have to ask how many years back.
Chris Rogers said that there is nothing else that can be done here. Larry said that putting a well in the back, with the abutting well and the wetlands in front we are dealing with a very narrow area. Larry does not believe that there is anything else they can do.
Brandon said the use of the Presby does help us with the wetland offset. Chris Rogers said that he is more concerned about the system offset. Chris said and the reserve, he does not know if they have permitted anything in the buffer zone before. Larry asked why there is a 100 ft offset, he said it was a zoning tool done after Wilder Farms were built because those systems where put in built so close together. Bill explained that more than a zoning tool, there you have 2 minute soils and if you have 10 5 bedroom systems technically 10ft away from each other, you have 5500 gallons a day going into one area of pervious soil it an environmental concern that is why that regulation was put into place. Larry said here we have 30 plus minute soil. Larry said we went down to a three bedroom
house, again trying to find ways to make it work one way or another.
Andrea Gilbert said her only basis is that if we’ve seen this before and it was OK before. Chris Rogers said on the surface I am disinclined to approve a variance but before I say that emphatically, in my mind the 100ft offset was it. Chris Rogers remembered the lot that was approved for the Melanson’s, he said they even tested the soil between the systems. Bill Brookings said that Balco, Dunn and Rogers were on the original permit. Duane Henry asked if the Melanson’s system on Spectacle Hill has had any problems? The Board said that the system has not had a problem.
Chris Rogers agreed that the percolation rate would be varied, however, that was at the time when there were no other variances on the lot. Chris agreed to look at October 14 2000 minutes in the next couple of days for information on the Melanson/West lot on Spectacle Hill Rd.
There was a discussion about trenches within trenches and the Presby system. Larry explained that with what they’ve got they want to show all the options. Chris does not have an objection with trenches within trenches, he is saying this as one member.
Mark Sprague asked the Board in recent history how frequent does the board issue variances for new construction other than for out of season testing? Chris Rogers replied infrequently, very rarely. Andrea Gilbert replied that this is a building lot since 1940 and this does not come up that much and this is the only compelling thing.
Chris and Andrea agree that they need some time to think and have a consistency of logic.
Mr. Henry wanted to clarify that the concern is the space from the proposed system to the existing system. Duane said that he heard in excess of 50ft less than 100ft if we go Presby or trenches within trenches it does help the offset. Larry said that Title 5 allows the systems to be 20 ft. away, percolation rate of over 30 per inch.
This is a lot that has been here for a long, long time, it’s a taking. Larry said it is a taking based on the State and the Town requirements.
Larry said that they thought that they were at a certain place when they were here and that has changed. Chris Rogers replied that has nothing to do with us, Larry said that he understands that. Chris Rogers said that he would like to consideration back that in terms that they went quite a ways with the perc rates. Chris said he is sympathetic about what happened with the wetlands. Chris said come see us next time and see what you can utilizing the Presby. Bill Brookings recommended that they try to nail down the location of the abutting system. Chris asked if they had any conversation with Conservation Commission about the reserve and grading in the buffer. Larry said they have not. Brandon explained that it is going to take a filing and some sort of mitigation and there is
nothing. Chris also asked if there was an ANR plan accepted by the Planning Board. Larry thinks there is an ANR plan on file. Mr. Henry said will bring copy of the original plot plan prepared by Mr. Clyde Wheeler to the next meeting.
The Board recommends that they come to our next meeting. Chris and Andrea said that they will look at the October 14 2000 minutes for information on the Melanson/West lot on Spectacle Hill Rd.
BUILDING PERMITS APPROVED:
51 Vaughn Hill Rd. – solar panels
INSPECTION REPORTS:
4 Teele Rd. – The Board reviewed the report, no failure criteria reported.
16 Quail Run - The Board reviewed the report and required the inspector to clarify page 7
1027 Main Street - The Board reviewed the failure report
177 Nourse Rd. - New Technology Report for Presby signed off by the Board, no failure criteria reported.
FY2010 BUDGET
The Board reviewed the FY 2010 budget and agreed to level fund the budget once Lisa O’Leary has verified the Nashoba costs. The Board agreed to keep everything the same and just adjust salary as necessary.
SUNSET RIDGE PEER REVIEW
Vin Gately was present. Vin Gately explained that he has an easement agreement worked out with the abutters Bridget Hausley and Sandy Roca that allows grading and eliminating the wall. This allows them to install some drainage. There is also an easement that allows access to the abutters septic system.
Proposals from Beals & Thomas Inc., Faye, Spodafford & Thorndike and Nitsche Engineering have been received. Upon review of the proposals, Chris Rogers and Vin Gately said that they would favor Nitsche because they are working with the ZBA on this project. Mark Sprague said that the Board was very specific and he did not feel that Nitsche had given all the information that they had requested. After some discussion, the Board and Vin Gately agreed that Beals & Thomas is the engineering firm to do the Sunset Ridge peer review.
580 MAIN ST. BOLTON OFFICE PARK
The Board discussed the recent upgrade of the septic system and requires an annual inspection of sewer line by Title 5 inspector.
47 SUGAR RD. COLONIAL CANDIES
The Board discussed the recent upgrade of the septic system and requires the following outstanding items required prior to the issuance of a certificate of compliance: water quality tests for the well in accordance with Bolton Board of Health well regulations, a contract for the required annual Presby inspection, placement of public water supply sign as required by DEP letter dated 2/19/03 and a recorded deed notice for the annual inspection of the area around sewer line force main and leaching facility by a licensed Title 5 inspector.
BEAVER LETTER
The Board reviewed a Summary of Beaver Dam Discussion October 7, 2008 from the Bolton Conservation Commission.
BOLTON WOODS WAY
The Board moved this discussion to the next meeting.
EMERSON WELL - DEP
The Board moved this discussion to the next meeting.
Meeting Adjourned.
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