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Board of Health Minutes September 28, 2010
BOARD OF HEALTH MINUTES
Meeting Held at Town Hall on September 28, 2010 at 6:30 PM
Members Present:        Christopher Slade, Chair, and Laura Andrews, Clerk
Also Present:   Bill Brookings, Health Agent, Nashoba Associated Boards of Health and
                        Michelle Carlisle, Health and Permitting Assistant

Call to order: 6:32pm

Action/Discussion:

122 Fox Run
  • Mr. Phillip Sipowicz appeared before the board to request a variance to drill a new drinking water well.
  • Request is for a variance to a property line (s/b 50’ requesting 20’) and to an easement (s/b 50’ requesting 10’).
  • Board received a letter from Lydia Grupinski an affected abutter at 130 Fox Run stating she does not oppose Mr. Sipowicz’s request. Board agreed to waive hearing notification requirement and Public Hearing.
Mr. Sipowicz stated he would like the ability to use both wells if they both have a low yield.
  • L. Andrews moved to approve the request as stated above, C. Slade 2nd. All in favor.
Board addressed an audience member, Nancy Skinner of 401 Main Street, who wanted to inform the board that she has no issues with a new well being drilled at 56 Burnham Road.

Minutes reviewed for 6/22/10, 7/27/10 and 8/24/10
  • L. Andrews moved to approve the minutes from 6/22/10, 7/27/10 and 8/24/10, C. Slade 2nd. All in favor.
Bill for membership in the Mass Assoc. Health Boards for $100 was approved.

14 Harris Farm Road – water softener system
  • Property owner is requesting permission to remove a water softener system.
  • L. Andrews asked if they are using a plumber to remove it. B. Brookings stated yes.
  • C. Slade approves but requests documentation once it is removed.
  • M. Carlisle to let homeowner know via email.
281 Harvard Road – ejector pump
  • B. Brookings stated the work has been complete.
  • Board approved and signed permit.
Emerald Acres Pest Control re: EEE
  • Reviewed a card that was sent to some residents stating there were 50 mosquitoes testing positive for EEE when in fact that is not true.
  • C. Slade and L. Andrews stated that for next season, the Board of Health will publish official information and warn residents of possible misleading advertisements.
Reviewed a Client Advisory from Brackett & Lucas re: Permit Extension Act
  • B. Brookings stated that in regards to the BOH, it appears the Permit Extension Act refers mostly to subdivisions and not single lots.
87 Fox Run- building application to finish a basement
  • Board reviewed the plans to determine if the finished basement is considered 1, 2 or 3 rooms. 1 or 2 rooms would not trigger a Deed Restriction, but 3 would.
  • L. Andrews believes the plan depicts 3 rooms and therefore a Deed Restriction is required.
  • C. Slade agrees.
  • B. Brookings will inform contractor.
Septic Permits
  • Lot 2 Wattaquadock Hill Road – requesting a permit extension.
  • L. Andrews and C. Slade approved.
  • B. Brookings stated that the property owner is thinking of changing from the traditional septic to an infiltrator and cultec system. Previous board required annual inspections of this type of septic system. Will this board?
  • L. Andrews asked if there was any precedent. B. Brookings stated no.
  • L. Andrews requested a Title 5 Inspection be performed two years after installation if the current system is changed from a traditional system to an infiltrator and cultec system.
  • C. Slade agreed and stated that if it is functioning well at that point, then leave it alone.
7:00PM Variance Request Public Hearing – 35 Woodside Drive
  • Present: Gary Shephard, Ross Associates and Gail Elliott, homeowner. Requesting variance from BOH Regulations 3, 4a, 5, 13 and 7a.
  • L. Andrews asked if the existing tank was staying. Gary stated that yes it is staying and a pipe would go under the crushed stone driveway to the field driven by gravity – no pump.
  • 4 bedroom house. System will be 81’ away from the neighbor’s leach field and 40’ from the house.
  • The field can clearly be seen, therefore, they feel annual inspections are not needed.
  • L. Andrews moved to approve the request as presented, C. Slade 2nd. All in favor.
Action/Discussion

726 Main Street
  • The property owner is requesting to waive the requirement that he test the well water at the Fire Department annually due to the fact that a new well is now being used at the new Public Safety Facility.
  • B. Brookings stated that we need a letter from the Town stating that the old well will only be used for irrigation.
  • C. Slade will check with the BOS.
7:15pm Variance Request Public Hearing – 26 Woobly Road
  • Present: Steve Sears, Ross Associates and Gary Nelson, homeowner. Requesting a variance from BOH Regulations 2, 3 and 4.
  • System currently in failure.
  • BOH reviewed design for new system. Old tank being pumped out and back-filled.
  • L. Andrews moved to approve the 3 variances requested as presented, C. Slade 2nd. All in favor.
Building Permits Reviewed: All below permits were approved with no comments.
  • 673 Main St. bldg. permit app for fire doors
  • 591 Sugar Road – Tent for 1 day event.
  • 27 Randall Road – Remodel existing bathroom.
  • 28 Annie Moore Road – 20’X6’ deck extension.
  • 597 Sugar Road – Finish room above garage.
  • 60 Frye Road – Tent for 1 day event.
  • 55 Randall Road – Tent for 2 days.
  • 22 Kettle Hole Road – replace existing fence.
Septic Permits Reviewed:
  • Dixon, Bare Hill Rd – no request received
Title V inspections reviewed:
  • 24 Whitcomb Rd.
  • 153 Green Road
  • 294 Vaughn Hill Road – Title 5 Inspection to be done 6 months after occupancy.
  • 58 West Berlin Road
  • 74 Golden Run Road
  • 426 South Bolton Road (2 reports) – ask for proper floor plan.
  • 223 Green Road
  • 220 Main Street – sketch is shown but no ties as per pg. 15.
  • 59 Golden Run Road
  • 15 Kettle Hole Road
  • 163 Bare Hill Road
7:30PM  Variance Request Public Hearing – Century Mill Estates
  • Present: Brandon Ducharme, Ducharme & Dillis, Elizabeth Lietz, abutter and Rob Colclaser and Alison Hunt, abutters.
  • BOH Reviewed the first plans for the subdivision along with abutters.
  • Lot 20 & 21 - Shared system – Presby. One is gravity and one is pumped. Two separate tanks going into one leaching field.
  • Variance requested from the in-season ground water holes and shared system approval requested.
  • C. Slade – does soil mottling match the in-season? Brandon – much better.
  • Question – is this normal to request a variance for deep hole testing? C. Slade – yes. This board is thinking of changing the regulation. Going to a newer system of morphology which takes into consideration water levels since the ice age. Better system.
  • Brandon requested a letter from the board stating their approval of the shared system.
  • L. Andrews moved to approve the single variance as presented and letter to DEP re: approval of the shared system, C. Slade 2nd. All in favor.
  • Lots 22 & 23 – shared system also – Presby. Annual inspection will be required. Both pump out w/forced Main. No variance, just need shared system approval.
  • L. Andrews moved to approve the shared system for lots 22 & 23, C. Slade 2nd. All in favor.
  • Lots 45, 46 & 48 on the uphill side. (3) 5 bedroom on one shared system. Presby.
  • Variance request for 310 CMR 15.211(1)[5] Locating a system component beyond the property line of a facility and BOH Regulation 8: to allow the location of a system component beyond a property line and Regulation 3: Groundwater Elevation.
  • L. Andrews – any others? BB – in town we had (10) 5 bedroom houses on one system approved by the state, but not functional at this time.
  • Crossing a part of lot 47. Looking to maybe have lot 47 go off another road.
  • L. Andrews – will it be sufficient to sleeve it and go under the driveway. Will multiple cars going over it cause a problem? Brandon – Sleeve is sufficient, should be no problems.
  • B. Brookings – no doubt that there is enough testing in the area.
  • C. Slade – make sure documents are clear regarding the shared system maintenance.
  • L. Andrews moved to approve the variances as presented for 45, 46 & 48, C. Slade 2nd.  All in favor.
  • In the meantime, for lot 22, would like to build as a single lot until DEP approves the shared system. Will redesign as a single lot, requesting new permit, and then change back when approved.
  • Discussion of historical water levels.
  • C. Slade and L. Andrews stated that the shared systems are much more conservative than a conventional approach. More inspections are required.
  • Discussion regarding well water and if it would affect water pressure.
  • Question re: contamination of well water if it’s too close to the new sewage systems. C. Slade – shared system actually increases the distance and the Presby system is a good one.
  • Brandon – systems are as good as the maintenance. Presbys require annual inspections.
  • Discussion on how the escrow account works for the maintenance of the system. DEP is very specific on how the documents and accounts are set up.
8:00PM Variance Request Public Hearing – 19 Sargent Road
  • Chris Knuth, Geo-Services and Glennda Nelson, on behalf of property owner, presented the plans. Variance request from BOH Regulation 5: Distances.
  • L. Andrews – most concerned with the 51’ from well. Only impacts homeowner, not abutters.
  • Infiltrator system using Presby like sand as a buffer. Going a step beyond what’s required.
  • L. Andrews – would like a Title 5 inspection after two years.
  • C. Slade- if there were to be a problem with the well, it could be moved.
  • L. Andrews – none of the variances affect the abutters.
  • Water quality test is required before sign off of Certificate of Compliance.
  • L. Andrews moved to approve variances as presented and discussed with addition of a Title 5 inspection after two years on the new system, C. Slade 2nd. All in favor.
8:15PM Variance Request Review – 56 Burnham Rd.
  • Present: Scott Hayes, Forsythe Engineering and Jack Androsky, Trustee.
  • Variance request to waive Public Hearing and to BOH Regulation 4.1: Well Location Requirements.
  • Problem with the current well going dry occasionally, too close to septic and very shallow.
  • Proposing a new well. Reviewed with Board. Notified all affected abutters.
  • Nancy Skinner appeared earlier to give her consent.
  • All affected abutters have agreed to the new location of the well. Board agreed to waive hearing notification requirement and Public Hearing.
  • L. Andrews moved to approve variances as presented, C. Slade 2nd. All in favor.
L. Andrews moved to accept the shared systems for Century Mill Estates lots 20 & 21, 45, 46 & 48, C. Slade 2nd. All in favor.

8:30PM Appointment – Attorney Douglas Rowe re: Smith Property
  • Attorney Douglas Rowe not in attendance.
  • C. Slade – 4 ways we can go: 1) just ignore it, 2) get into litigation, 3) pass to DEP or 4) Ask attorney Rowe what he would like to do. Negotiate that the board will give them until 2/2/10, end of 6th year, if they enter into a voluntary agreement that if the property was not sold, the dwellings would be vacant by the deadline.
  • C. Slade – letter to Douglas Rowe stating that the board would appreciate notice if he can’t attend a scheduled meeting and inviting him to the 10/12/10 mtg.

L. Andrews motioned to adjourn at 8:46pm, C. Slade 2nd. All in favor.