BOARD OF HEALTH MINUTES
Meeting held at Town Hall on February 9, 2010 6:30 pm
Present: Chris Rogers, Laura Andrews, Christopher Slade, Bill Brookings, Lisa O’Leary
MONITORING WELLS
Present: Joel Frisch
Joel explained to the Board that he has been working on this since 1993 when he did the comprehensive site assessment in 1993. He installed 5 wells in 1993 (wells 1, 2, 3 & 6 were already there) then comprehensive site assessment was submitted and the landfill was capped. Joel said that many letters were sent to DEP explaining that the wells were going to be destroyed after the capping. Wells number 1, 1D and 6 remained everything else was destroyed.
In 2002 DEP approved everything but required that you do monitoring. There were only ground water monitoring wells for samples. Private wells at 91, 71, 61 &65 Still River and 131 Forbush Mill Rd. were monitored as well.
In 2004 DEP sent a letter that said the Town stopped sampling. DEP required the Town to monitor wells that no longer existed so a pair of wells (MWE9 and (MW9D) were installed.
Joel said that according to DEP the Town is required to sample these wells:
MW1, MW1D,MW8, MW9 & MW9D & SW1 & SW2(SW 1& 2 pipes in stream bed) 91, 71 & 61 &65 Still River and 131 Forbush Mill Rd.
The Board of Health added the monitoring of private wells at 5, 11, 19, 27, 33, 43, 51 & 59 Still River Rd. Joel explained that that we have been monitoring all these years and have not seen a problem. Joel & the Board agreed that the staggering of the private wells would be the easiest to do.
Laura Andrews wants to know if there are any predictions that have shown up in the houses. Joel said they only test for VOCs. Joel said you can stagger the wells and it is easier to do testing when the weather is nicer. Chris Rogers said we can stagger the private wells testing and mandate the tests be done in October. Joel said only arsenic and iron is found at the landfill. Laura Andrews recommends the staggering of the private wells then slowly pull back the testing after 5 years or so. Joel pointed out that post closure monitoring is usually 30 years. Joel also said it is important to know that they are only testing for VOCs.
Chris Slade said that we should test for what DEP requires us to test for. Joel said the Board can go to DEP and ask to test every other year. Joel noted that we can make a case on the seepage of the groundwater, every one of the residential wells are deep wells.
Joel will do DEP required wells plus 3 additional wells rotating over the years. Joel will redo the estimated costs and we will go from there.
A motion was made by Chris Rogers to test the DEP required wells this year plus 11, 27 & 51 Still River Rd., then each year the Board will allow Joel to rotate 3 additional wells, the Board voted all in favor, (Andrews Aye, Rogers Aye, Slade Aye).
EMERSON SCHOOLS
Joel explained that the Town needs to comply with Zone 1 well head protection. Joel said that DEP approved the concept to have Emerson tie into Sawyer well. The plan is to modify the Emerson well to make it an irrigation well and put a small booster pump station in the second floor of the Sawyer School to feed Emerson building.
SMITH PROPERTY MAIN ST.
Present: Attorney, Doug Rowe, David Drugge
The Board reviewed the septic pumping information and a letter dated February 4, 2010 submitted by Mr. Rowe. Mr. Rowe explained that there is one apartment at 723 Main St., the old garage is at 719 Main St. and 715-717 has two apartments. Mr. Rowe said that the tanks have been pumped semi annually. He explained that they have been working with some buyers and have a local buyer that will close in 90 days. Mr. Rowe said the only income coming in from the rent is being paid as taxes to the Town. Mr. Rowe noted that they are asking for another year. Chris Rogers said that he is not sure the Board has that authority to grant an extension. Chris Rogers also explained that he feels the Trust has not been very cooperative. He said he feels that the Board worked
very hard to help the family and created the 5 year agreement, now at the end of the 5 years they are asking for another year. Chris asked how do we know that we will not be sitting here in a year being asked for more time? Chris Rogers said that he resents that he has been put in this position. Chris Rogers pointed out that there are 2 systems in failure and the rents are sufficient to cover the property. Chris Rogers also said that after 5 years we are here with no change and back then there were also potential buyers.
Mr. Rowe said the asking price has changed over the years and it hasn’t gone up. The family understands that the property cannot keep going on the way it is and they are hopeful that can reach an agreement with one of the buyers.
Christopher Slade said that he is asking a lot of us and asked if there is a chance that the prospective buyers are going to assume the responsibility of the systems. Mr. Rowe said that there is 90 days to reach an agreement and 90 days to do the closing. Mr. Slade expressed that at the end of six months if there are no plans moving forward we will ask the owners to vacate the properties and terminate the leases.
Chris Rogers pointed out that the Enforceable Agreement states that at the end of the agreement it shall not be extended.
There was some discussion if the agreement could be amended or extended by both parties. Chris Rogers explained that the Board has 2 new members that need to get up to speed on this situation. Chris Rogers said it is up to the Board to contemplate if they want to extend it. Laura Andrews said she wants more time as a new member to get more familiar with the situation.
Chris Rogers noted by creating the agreement the Board went above and beyond to create time needed to move the property. Chris Rogers said we don’t like to be in this position but needs to respect the deal we made back then. Mr. Rowe expressed that no one expected the economic changes to be this way. Chris Rogers understands the economy but explained that it does no good for the Board to create the agreements only to modify them when they expire. Mr. Rowe said the Board has the request and the Trust will agree to any modification even if it is 6 months.
The Board decided to schedule an appointment for discussion at the next meeting on 2/23/10.
PUBLIC SAFETY BUILDING
The Board reviewed the following documents: Immediate Response Action Plan and Water Test Results; Whitewater Public Water System Documents Bolton Library & Public Safety Building February 1, 2010; Massachusetts Department of Environmental Protection Activation Approval letter February 3, 2010
REGENCY BUILDING RECONFIGURATION
The Board approved of the modification to change an 8 unit single building to 4 duplexes. The Board agreed that there will be the same number of units and this would not increase flow. The Board does require a revised engineering design plan showing the location of the sewer line.
188 STILL RIVER RD.
Bill Brookings pointed out that the hauler who pumped the tank for the recent Title 5 inspection did not have a current license. The Board agreed to send a letter to the hauler to renew his license for 2010.
440 HARVARD RD.
The Board reviewed, approved and signed the transfer permit.
SUNSET RIDGE
Bill Brookings explained that the as built shows the breakout is a little low in one area. Bill asked if the Board will allow signoff and allow this to be fixed in the spring? The Board agreed that they will sign off on the Certificate Of Compliance and will allow the breakout area to be fixed in the spring.
26 DANFORTH LANE
Proposed daycare at 26 Danforth Lane, the Board discussed the flow and based on the calculations they do not see a problem but require a floor plan.
68 NOURSE RD.
Bill Brookings informed the Board that Greg Childs does not need a variance and he will submit a revised sketch with his application.
93 NASHAWAY RD.
Bill Brookings informed the Board that Cindy Schaefer’s well is being sampled to complete her upgrade permit.
157 OAK TRAIL
The Board reviewed the annual presby inspection report, no issues were noted.
29 WATTAQUADOCK HILL RD.
The Board reviewed and approved the revised page 10 from the Title 5 Inspection report dated Dec. 4, 2008. The Board also noted the 6 month re-inspection after occupancy is required.
CENTURY MILL ESTATES
The Board was to review the revised Nitrogen Loading Plan but the Board did not receive it.
PHER MONTHLY REPORT
The Board reviewed the report and agreed that Lisa will file the report.
ANNUAL REPORT
The Board reviewed and approved the 2010 Annual Report.
NASHOBA ENVIRONMENT & NURSING ASSESSMENTS 2010-2011
The Board reviewed and approved the Nashoba 2010-2011 Assessments.
REGIONAL H1N1 FLU CLINICS
The Board reviewed the H1N1 Flu schedule and agreed that it should be posted to the website.
51 NOURSE RD.
The Board signed the Long Sewer Line Inspection by Homeowner.
MINUTES APPROVED:
January 26, 2010
BUILDING PERMITS APPROVED:
3 Vaughn Hill Rd. – the Board approximately measured the location of the barn to the well as 65 ft. confirm no facilities
248 Sugar Rd. – detached 2 storey 3 car garage approved by Bill Brookings
INSPECTION REPORTS REVIEWED:
215 Main St. - the Board reviewed the report and found no failure criteria
117 Burnham Rd. - the Board reviewed the report and found no failure criteria
133 Green Rd. - the Board reviewed the report and found no failure criteria
296 Long Hill Rd. - the Board reviewed the report and found no failure criteria
113 Burnham Rd. - the Board reviewed the report and found no failure criteria
37 Frye Rd. - the Board reviewed the report and found no failure criteria
65 Vaughn Hill Rd. - the Board reviewed the report and found no failure criteria
MEETING ADJOURNED.
| 
