BOARD OF HEALTH MINUTES
Meeting held at Town Hall on August 11, 2009 6:30 pm
Present: Chris Rogers, Laura Andrews, Christopher Slade, Bill Brookings, Lisa O’Leary
Lot 3 Century Mill Rd.
Variance hearing began at 7:00 pm, present were Robert Marhefka (owner), Chris MacKenzie of Whitman & Bingham and abutters Diane & Dan Wilson.
The following variances were requested:
Regulation 5: Distances – The minimum distance between a well and a wetland or any type of surface water shall be 100 feet. Proposed 26 feet.
Regulation 13: Hydraulic Overloading – The minimum distance between septic systems servicing separate buildings or facilities shall be 100 feet (includes primary and reserve areas). Proposed 60 feet and 64 feet.
Well Regulation 4.1(1): Well location requirements – The minimum distance between a well and a wetland or any type of surface water shall be 100 feet. Proposed 26 feet.
Well Regulation 4.1(1): Well location requirements – The minimum distance between a well and an easement shall be 50 feet. Proposed 44 feet.
Chris MacKenzie provided a copy of the abutters letter, newspaper advertisement, certified mail receipts and the return receipts. Lisa O’Leary presented the Board with letters from abutters Alina & Dan Nir and Ms. Fullam who could not attend the meeting and comments from the Conservation Commission pertaining to this lot. The Board also reviewed the minutes from the previous variance hearings.
Chris MacKenzie explained they are proposing a single family house with a microfast system (a nitrogen reduction system) with a pressure dose leach area. Chris MacKenzie explained the micro fast system. He said that they believe that using a nitrogen reduction system does not pose a health risk. He noted that the two variances for the well have been granted on the abutting lots. Chris MacKenzie pointed out that the well variances were granted before on the neighboring lots.
Laura Andrews said there are no significant changes made as far as the septic system since the last time this has been before the Board. She asked Chris MacKenzie if any changes were made since the last submittal. Chris MacKenzie said that he has not been involved in the project and was asked to finalize this plan and he does not know what went on with the prior submittal.
There was some discussion about the comments from the Conservation Board regarding the offsets and the common driveway.
Chris Rogers explained that as the senior member of the Board, having seen this plan numerous times, he doesn’t see anything compelling enough to change his previous decisions. Chris Rogers said he will stand by that and those decisions are all on record.
Abutters Diane and Dan Wilson explained that they live on an abutting property with their children and they are concerned about their drinking water. They feel that the proposed system is too close to their well.
Chris Rogers said that he does not see anything different from the last few times this has been brought before the Board to change his mind, so he votes no to all variances.
Laura Andrews explained that after reviewing all the information presented she also votes no to all variances.
Chris Rogers asked if there were any nitrogen calcs done on these 4 lots in this particular area. Chris MacKenzie said that a report was done he did not bring a copy with him. Chris MacKenzie also said that one of the Board’s denials mentioned that the report did not ease any of their concerns. Bill Brookings explained that the Board of Health minutes from 2007 did not convince the Board that the system as designed will not present a risk to public health.
A motion by Chris Rogers to stand by his prior statement, no to all variances, Laura Andrews no to all variances and Chris Slade abstained from the vote. Chris Slade explained that he is not prepared to vote at this time. He feels that he does not have all the information he wants to have to make a decision. He said he is not sure what information he would need to vote, he would want to do some research on hydraulic overloading and nitrogen calculations. Chris MacKenzie said that they wanted the opportunity to provide more information for him to vote. Chris Rogers explained that they were cautioned when testing that this lot may not be permitted. Chris Rogers said that Lot 1 & 2 were already built when he got on the Board, Lot 4 came since he was on the Board and Ed Plante was
cautioned that what he was doing on Lot 4 would impact Lot 3.
Chris Slade is abstaining from the vote. Chris Rogers said they can take the vote now or withdraw.
Laura Andrews noted that she feels very strongly that there are issues at stake and she does not see anything that would change her mind.
The Board voted 2 to 1 majority to deny all variances.
Chris MacKenzie said that this is a hardship. Chris Rogers replied that this is a self imposed hardship citing that everyone was aware that decisions made on the abutting lots would directly impacted this lot.
Chris Rogers explained the options are that they can accept the vote and leave hearing as is or withdraw their application. If they accept the vote they can go through the hearing process again, the vote was accepted.
Lot 3 Harvard Rd.
Variance hearing began at 7:15 pm, present were Kurt Dutcher, Chris Mackenzie
The following variances were requested:
Subsurface Disposal of Sanitary Sewage Regulations
Regulation 3 Groundwater Elevation – at least one deep hole shall be provided during the period when groundwater is determined to be at its maximum elevation. Proposed deep observation holes were conducted “out of season” using soil evaluation and mottling.
Chris MacKenzie provided a copy of the abutters letter, newspaper advertisement, certified mail receipts and the return receipts.
Chris Mackenzie said doing additional testing can cost about 1,000. Kurt Dutcher explained that the system is started and the bed is already in.
The system is out of compliance because there are only 2 test holes. Bill Brookings said if the Board accepts the proposal a note can be put on the permit.
A motion was made by Chris Slade to approve the variance, seconded by Chris Rogers and Laura Andrews. Chris Slade said that he does not have a problem with the timing as long as Nashoba Associated Boards of Health gets everything they need. All agreed, all in favor to approve the variance.
189 Forbush Mill Rd.
Lawrence McNulty was present.
Proposal to move well and increase bedrooms variance hearing is scheduled 9/8/09 at 7:15 pm.
Mr. McNulty asked if he can move the well and increase the trenches f or the existing 3 bedroom house. Bill explained that going from 3 to 4 requires Title 5 variance requiring a 40,000 sq ft. lot to discharge 440 gallons per day. He does not have enough square footage, so it would have to be approved by the local board then approved by DEP. The Board agreed that if you are short a few thousand sq. ft. they do not have a problem with them redesigning the plan for the variance hearing to add the variance. The Board explained that he would come back with the redesigned system to endorse it.
114 Old Bay Rd.
There was a discussion regarding Clyde Wheeler’s house. The plan is to move the barn up and put a one car garage in between the house and the barn. He wants to put in a new 1500 gallon tank and move the d box. If there is testing then he may be put into an upgrade situation. The existing system is designed for 3 bedrooms and the office designed for 3 employees.
356 Main St.
Great Brook Farms proposal to add a retail fish market, the Board reviewed a memo from Bridgette Braley regarding a woman who wants to use space at Great Brook Farms for a fish market. The Board agreed that this would not add to the flow so they are ok with it.
401 Still River Rd.
Testing was not done on this lot but documentation in the file says that test holes were dug?
The Board and Bill Brookings confirmed that the testing was not done on this lot and recommended that the documentation is changed to reflect this.
343 South Bolton Rd.
The Board reviewed and approved the resubmission of the Title 5 report.
265 Sawyer Rd.
The Board received the as built for this property, upon review they found that the second barrier required by the Board was shown on the plan.
337 Berlin Rd.
The Board received a letter from homeowner stating their water softener is disconnected. The Board reviewed the letter and approved the information submitted.
Nashoba Regional School District Meeting
Lisa O’Leary asked the Board if they are able to meet with the Nashoba Regional School District on Monday, September 21, 2009 to discuss communication and plans for seasonal and H1N1 flu. All Board members were available and plan to attend the meeting.
266 Long Hill Rd.
The Board reviewed an email from Mike Sutkowski regarding lyme disease. The Board discussed ticks and lyme disease. The Board agreed that these are similar to mosquitoes which are considered to be a personal protection issue.
Red Cross Board of Health Contacts
The Red Cross has requested contact information the Board agreed that Lisa O’Leary should give both the Town of Bolton Board of Health daytime phone number and the phone numbers for Nashoba Associated Boards of Health.
Whitewater - Emailing Analytical Results
The Board said email is fine but wanted Lisa O’Leary to inquire about getting a CD annually.
Review Regulation 10 F longitude & latitude for Title 5 inspection forms
The Board said they do not think it necessary to enforce this requirement at this point.
Conservation Commission & Board of Health Walk/Scavenger Hunt
Lisa O’Leary updated the Board on the walk/picnic/scavenger hunt scheduled for September 15th at Bower Springs conservation area. The Board approved funds from the supply budget for prizes.
Flu Clinic Location Update
Chris Slade gave the Board and update whether or not the Town Nurse can use the meeting rooms for the flu clinics once the Public Safety Building is open. Chris Slade spoke with both Chief Alfano and Chief Stephenson and they both agreed that the rooms at the Public Safety Building can be used.
Flu: What You Can Do brochures
The Board of Health reviewed the new brochure received about the flu.
Force Main
Specs and documents submitted by Onsite Engineering were given to the Board to review.
Emergency Preparedness
Lisa asked the Board if Bolton is interested in hosting a bioterrorism trailer. The Board wants more information on the type of trailer, who would use it and the cost of registering, maintaining and storing it.
336 Sugar Rd.
After the system upgrade water test results were submitted from 5/10/2007. The Board reviewed the water test results and do to the age of the testing, they require new water tests be done.
SEPTIC PERMITS APPROVED:
188 Still River Rd. – D box permit
BUILDING PERMITS APPROVED:
241 Wattaquadock Hill Rd. – shed building permit status and long sewer line decision
Bill Brookings explained that the length of the line is approx. 145 the Board agreed that the line can be inspected by the homeowner and will hold the permit until we get a copy of a recorded long sewer line and the engineer’s as built septic plan.
13 Harris Farm Rd. – shed requires Zoning Board of Appeals variance in process
188 Sugar Rd. – shed convert to garage
448 Still River Rd. – replace door no structural changes
89 Sampson Rd. – replace sliding door no structural changes – Bill approved 8/7/09, however, Bill noted that there is an outstanding water tests. The Board recommends a retest.
84 Oak Trail – in-ground swimming pool & spa – Bill approved 8/3/09
23 Liberty Rd. - kitchen and enclosed porch renovation, add a 12x24 deck need more information.
PUMPING RECORDS REVIEWED:
70 Bolton Woods Way
LICENSES APPROVED:
Offal & Swine license renewal for C & B Enterprises
DOCUMENTS RECEIVED:
476 Main St. Country Cupboard - Water meter reading for May & June 2009
Bolton Orchards septic filters were changed 8/7, system inspected and water meter reading
167 Vaughn Hill Rd. – Notice of Casualty Loss To A Building
25 Manor Rd. – Notice of Casualty Loss To A Building
50 Coventry Wood Rd. – Notice of Casualty Loss To A Building
MINUTES APPROVED:
June 23, 2009
July 14, 2009
MEETING ADJOURNED.
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