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Board of Health Minutes October 12, 2010
BOARD OF HEALTH MINUTES
Meeting Held at Town Hall on October 12, 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: 6:34pm

Minutes reviewed for 9/28/10
  • L. Andrews moved to approve the minutes from 9/28/10, C. Slade 2nd. All in favor.
Action/Discussion:

36 East End Rd – Presby System Inspection Report
  • Paul Ayres attended looking for information on where to send the Presby Inspection report for his daughter’s residence at 36 East End Road. B. Brookings stated to send it to NABH.
Building Permits Reviewed:
  • 84 Frye Road – 14’X28’ shed. Meets all setbacks. Signed 9/29/10.
  • Bolton Manor – currently has a 40B approved, but hasn’t started work yet. Looking for approval on a building permit application. DEP has approved the Septic and a pump test for the well which will expire in December of 2010.
Action/Discussion:

Harvard Road and Main Street shared system escrow acct. – non payment.
  • Board asked M. Carlisle to send letters to the residents requesting payment.
Kendall Homes lot 17 and 17a:
  • Received presumptive approval for Septic, few issues with shared system.
601-603 Main Street – Cultec Bed/Title 5 Inspection:
  • Send letter asking for a Title 5 Inspection two years after installation of the Cultec Bed.
  • Send letter 233 Watt Hill Road for a Title 5 Inspection two years after installation of an Infiltrator Trench System.
  • Set up file for reminders for 2 year inspections.
401 Berlin Road – Bemis
  • Memo to planning board letting BOH know if anything comes across for a subdivision or a building permit application on the Bemis properties.
Mentzer – 220 Main Street – proving reserve area for the existing house
  • Property owner, Beverly Mentzer, wants to donate about 30 acres to conservation. Conservation wants to build one house to pay for the land.
  • As a result, owner needs a variance to Board of Health Regulation 2: Reserve area. Will the owner need to go through the variance hearing process.
  • Board stated it is within Title 5, but outside of Bolton Regs. Keep reserve area on record, no need of a variance hearing.
Title V inspections reviewed:
  • 177 Nourse Road – Eljen system inspection report – Bill explained this is not a Title V Inspection, but an annual inspection report similar to a Presby System.
  • 86 Laurel Road
  • 29 Wheeler Road
  • 56 Burnham Road
  • 64 Drumlin Hill Road – unoccupied since Dec. 2009. Send standard letter.
7:00PM Variance Request Public Hearing – Lot 4, 302 Harvard Road
  • Present: Steven Venincasa and Julie Venincasa.
  • Approval and vote is pending receipt of green cards and copy of newspaper legal ad.
  • Variance request for Board of Health Regulation 3: Groundwater Elevation.
  • Had an approved permit with approved variance previously but has expired.
  • B. Brookings did testing. Had 32 inch with good mottling.
  • Traditional system, stone and pipe trench.
  • Abutter on Lot 5 asked the distance from their system. Well over what is required. Over 300 feet.
  • Abutter on Lot 2 – asked the distance from his system - 288 feet.
  • Very good drainage – C. Slade stated that abutters don’t really have anything to worry about.
  • Soil testing has changed over the years. Current science is mottling, but the BOH regulations haven’t caught up yet.
  • Sewage break out would not travel 300 feet.
  • L. Andrews explained that this plan is better than most and the system is well within all the setbacks.
  • C. Slade to approve variance as presented pending paperwork, L. Andrews 2nd. All in favor.
7:15pm Appointment – Smith Property
  • Present: Attorney Douglas Rowe.
  • Presenting a new P&S. Explained that the previous buyer needed extensions and wanted a price reduction.
  • Currently working with the state regarding expired systems. Approved for funding to remove the underground storage tanks. Unfortunately, those funds are now being used for something else so the funds will be held up.
  • 715 Main St. two family dwelling, has one tenant. System is scheduled to be cleaned Nov. 1st.
  • Property has now reverted to a residential use. Would require a zoning change to be commercial.
  • L. Andrews – system is in failure.
  • B. Brookings – maximum extension is 6 six years and that was passed on 2/4/2010. Currently has a Title V violation and a housing code violation. If the dwellings are vacant – that’s ok, but having a tenant in the two family is a violation.
  • C. Slade – could they do a Title V variance with the state and would the enforcement be put on hold pending a decision from the state. B. Brookings – yes.
  • B. Brookings – failure was groundwater but no breakout.
  • L. Andrews when was last inspected? B. Brookings 2/5/05 and it failed.
  • Need to either bring system into compliance or have the tenant vacate the property. C. Slade -  best scenario is to ask the tenant to leave. Second would be to request a variance to Title V, this board would approve and then they would go before DEP. If DEP denies the variance, the tenant would have to vacate immediately.
  • L. Andrews  - need to do something now because we are currently in violation of the Title V code.
  • D. Rowe – would like to come to the next meeting with a plan of action. Needs to check the status of the tenant.
  • M. Carlisle to put D. Rowe on agenda for 10/26/10 at 7:30pm.
  • C. Slade addressed the audience member – Mr. Bing. Lives at 704 Main St.
  • Mr. Bing views this as a public health problem that has not been in compliance since Feb. 2005. Would like a resolution soon.
Septic Permits Reviewed:
  • Lot 2 Rocky Dundee Road – Permit Extension – hasn’t been submitted yet.
  • 24 Hudson Road – not submitted yet.
  • Vaughn Hill Road – Moen. Existing stand alone lot. Variance free. New construction. Stone and Pipe Trench. Approved.
  • High Oaks Realty Trust – 2 lots in Houghton Farms. Lot 15 Golden Run and Lot 14 Sugar Road. Each is stand alone single family. Variance free. Stone and pipe trench. Both approved.
L. Andrews motioned to adjourn at 7:45pm, C. Slade 2nd. All in favor.