BOARD OF HEALTH MINUTES
Meeting held at Town Hall on November 10, 2009 6:30 pm
Present: Chris Rogers, Laura Andrews, Christopher Slade, Bill Brookings, Lisa O’Leary
LOT A MANOR RD VARIANCE HEARING
Greg Roy from Ducharme & Dillis and Kevin O’Brien an abutter from Manor Rd. was present.
The certified receipts, return receipts, abutters letter and newspaper ad were presented to the Board.
This hearing is for a proposed 4 bedroom home at the corner of Wattaquadock Hill Rd. and Manor Rd. Greg explained the site having 2 minute materials and 2 abutting wells are impacted. The proposed system is fully compliant, however they need a well offset to the wetland. Greg submitted a revised copy of the plan.
Laura Andrews asked if there has been a precedence set regarding granting this variance. Bill Brookings said the well to wetlands has been approved in the past as long as it is at least 50 ft. Laura Andrews asked “What is the risk? The potential is that the wetland can affect the well. Greg Roy explained that he still has to go before Conservation Commission for approval as well. Chris Rogers said that if it is obvious that there is no impact, the well is upgrade of the wetland and if allowed will require the well head to be 24 inch above grade. Mr. Rogers also said that he has not had an objection to this variance due to the fact that the wetland is a protected area. Christopher Slade added that the important thing is that water does not go over the well.
Kevin O’Brien asked if the well will be 2 ft above the wetland. Christopher Slade said it would be 5ft above the wetland. Kevin O’Brien asked how deep the well is going to be. Bill Brookings said that he does not know the depth. Greg said the well will be a drilled well. Kevin O’Brien commented that his well is a 7 ft. well. Kevin O’Brien said that he does not have any objections.
Chris Rogers moved to approve the variances as requested with the requirement that the well head be 24 inches above grade. All in Favor (Laura Andrews aye, Chris Rogers aye, Christopher Slade aye)
The following Variances to the Bolton Board of Health Regulations were requested:
Subsurface Disposal of Sanitary Sewage - Regulation 5: Distances
No disposal facility or water supply shall be closer than the distances stated…
Required: A minimum one hundred (100) foot wetland to well setback.
Requested: A minimum wetland to well setback of fifty (50) feet
Well Regulations – Regulation 4.1: Well Location Requirements
The following minimum lateral distances from contamination shall apply…
Required: A minimum one hundred (100) foot wetland to well setback.
Requested: A minimum wetland to well setback of fifty (50) feet.
John & Mary Robinson abutters from Manor Rd. and Mary Lou Rawlings from Wattaquadock Hill Rd. came in after the hearing was closed. Chris Rogers showed them the plan and explain the variances requested.
103 BURNHAM RD.
The Board of Health received an application from Mr. Bill Taylor for an emergency beaver trapping permit for the property located at103 Burnham Rd. This property has a history of flooding and received a emergency trapping permit in the past. Bill Brookings and Christopher Slade conducted an inspection on 11/6/09 and determined that flooding is endangering the well and septic system therefore a public health threat exists. On a motion made by Chris Rogers, Seconded by Laura Andrews and Christopher Slade, the Board voted to grant a 10 day emergency trapping permit.
Laura Andrews made a motion to grant the permit based on criteria (b), (d) and (i) the emergency permit will be dated Thursday 11/12/09 and Mr. Taylor must only trap on his own property or property for which he has consent to trap on. Seconded by Christopher Slade, all in favor (Laure Andrews aye, Chris Rogers, aye, Christopher Slade aye)
173 FORBUSH MILL RD.
The Board received a request from Jacky Foster for clarification of the Noise Guideline from DEP. The Board agreed that the email from DEP should be forwarded to Ms. Foster to close the loop.
116 BARE HILL RD.
Rob Held submitted water test results to the Board for review. The Board agreed that the results looked good and the sign off for his septic system will be completed. Mr. Held did note that he did not destroy his existing well and he is continuing to use it for non potable water which is not a problem.
159 BALLVILLE RD.
Rich Burgoyne of The International had a question for the Board regarding the DEP Emergency Response Plan Compliance. Rich Burgoyne explained that he needs letter from the Board stating that it is OK to shut down in an emergency. The Board reviewed the DEP Emergency Response Plan form and agreed to send a letter approving the shut down in the event of an emergency.
CENTURY MILL ESTATES CME NITROGEN AGGREGATION PLAN
Laura Andrews reviewed the plan and said that there was not a lot of information in it. Bill Brookings explained that you can put a 5 bed home on a one acre lot by using land set aside for Nitrogen credit land. He said that without the Nitrogen credit land they could only put 4.6 bedrooms per lot. If there is land put in this restriction then they get 5.5 bedrooms per lot. The Nitrogen Aggregation Plan needs DEP approval but a letter from the Board of Health supporting the plan is required to submit to DEP. The Board agrees that the Conservation Commission needs to be informed prior to submitting the letter of support.
129 OAK TRAIL LOT 27
The Board reviewed the recorded long sewer line notice.
BEETLE BUG III
The Board reviewed information submitted by the Planning Board and had no comments.
MURPHY INSURANCE
The Board reviewed information and plans submitted by the Planning Board. The Board pointed out that the original permit was issued for 1400 sq ft. office space and 4 dentist chairs (800 gal. per day). Bill Brookings said that the system is designed to handle the additional 511 sq. ft. of office space.
MONITORING WELLS
The Board explained that due to the fact this is an unlined capped landfill, DEP required the wells to be tested. The Board wants to find out what exactly the mandate is from DEP then ask for a reduction in water test frequency.
SEPTIC PERMITS APPROVED:
29 Ledgewood Cir. Lot 25 – The Board reviewed SDS permit extension request and voted to approve the extension.
INSPECTION REPORTS REVIEWED:
302 Berlin Rd. - The Board reviewed the report and found no failure criteria.
694 Main St. - The Board noted that the inspector had two systems described and referred to a construction permit but there is no design flow.
56 Drumlin Hill Rd. - The Board reviewed the report and found no failure criteria.
BUILDING PERMITS APPROVED:
162 Nourse Rd. - internal remodel kitchen & bath. Approved and signed by Bill Brookings
46 Meadow Rd. - pool shed. Approved and signed by Bill Brookings
54 Meadow Rd. addition on the back of the house, kitchen will be bigger also covered porch will become a mud room and laundry room. The covered porch is on concrete piers and will be upgraded. The Board feels that there is only an enlargement of existing rooms. The Board counted the rooms and agreed that there were 3 on first, 3 on second and 1 finished office in the attic for a total of 7 rooms. The Board approved and signed the building permit.
EXECUTIVE SESSION
A motion was made by Laura Andrews to enter into executive session Pursuant to MGL, c. 39, Section 23B (3) to discuss litigation and not to reconvene into open session. The motion was seconded by Christopher Slade. Chairman Chris Rogers accepted the motion, all in favor, (Slade, aye Andrews, aye Rogers, aye).
The Board reviewed and discussed the Notice of Appearance RE: MJ PS LLC v. Bolton Board of Health Civil Action No. 09-2199D submitted by Town Counsel. The Board discussed the status of the Civil Action.
Executive session began at 8:36 pm. and moved to adjourn at 9:00 pm.
MEETING ADJOURNED
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