BOARD OF HEALTH MEETING
February 23, 2004
Present: John O. Litchfield, Vice Chairman, Peter Dillon, Clerk, Brian T. Flynn, Health Agent, Patricia Cummings, Secretary
Absent: George E. Cavanagh, Chairman
Agenda approved as written with addition of discussion of tight tanks for hair salons and BOH regulation on Zabel filters in respect to Title 5 inspections.
Discussion:
B. Flynn informed Board that he is not sure if Specialty Cuts has put in tight tank. J. DiCarlo of Salon DiCarlo has put in a complaint that he has put in his tight tank and board has not followed up with having them put in other salons in town. Pumping of the tank is costing him a great deal of money each month. B. Flynn has been informed that Spa Visage would like to expand. Spa Visage was informed that they would have to put in a tight tank. There is also a hair salon on Farrar Farm Road that also needs to put in a tight tank. Board will discuss brining all hair salons into compliance with the installation of tight tanks.
96 Stoney Brook Lane – Ross Engineering – Variance Requests: NO SHOW
Lot 1 Green Street – Ross Engineering: NO SHOW
Discussion:
1. P. Dillon brought up the regulation on zabel filters that requires it to be installed at the time of inspection, which generates a repair permit from the Board of Health. P. Dillon feels the board must come up with a policy for this. J. Litchfield moved that the addition of a zabel filter during the course of a Title 5 Inspection does not require a permit from the Board of Health. P. Dillon seconded with board voting unanimously to approve.
2. B. Flynn informed board members that the Title 5 Loan Program needs to be renewed. Board members instructed B. Flynn to renew program.
3. 28 George Road: House is being bought out. B. Flynn suggested this was a good time to have the monitoring wells tested. P. Dillon suggested nitrate, pneumonia and TKM be tested.
51 Wilder Road – Pat Roseingrave – Variance Request:
Existing 3-bedroom house with a failed cesspool. Wetland setback variance needed.
P. Dillon moved to allow reduction in setback from wetlands from 100’ to 56’. J. Litchfield seconded with board voting unanimously to approve.
Plan has already been approved by the Conservation Commission.
309 Lincoln Street – Pat Roseingrave – Discussion: P. Roseingrave before board to discuss. Owner would like system beside old system. S. Knudsen, excavator, put 300 cy of sand in system 13 yrs. ago. During perc excavator went down 10-11 feet and it was still in sand. There is no record of it, but P.Roseingrave thinks it may be a reserve area. J. Litchfield suggested that if it is reserve area that new system should be put there. P. Dillon suggested using mottling from next door using that elevation as seasonal high groundwater.
Norwell Campground License – William Murphy: William Murphy before board to discuss license of campground. He needs to keep license active until passing of papers on this property. Conservation Commission is all set with this project. Feels impending lawsuit will lose wind with the agreement of Conservation and DEP. Project going to housing court within a few weeks. W. Murphy feels he needs to keep license in tact. Will bring bathhouse facilities up to standard. J. Litchfield stated that board has no intention of not issuing the permit. W. Murphy would like it issued now with contingencies. J. Litchfield asked what the difference if issued now with conditions or on April 1st after conditions are met. J. Litchfield stated that
the bottom line is in order for board to issue permit, the repairs to bath house need to be complete and the campgrounds will need to be inspected. P. Dillon moved to declare that as soon as bathhouse facilities are up to standard of BOH and Building Department, the campsite permit will be re-issued effective April 1st. J. Litchfield seconded with board voting unanimously to approve.
398 River Street – Grady Consulting – Kevin Grady : Elimination of jet system and replacing it with 1500 gallon septic tank thus reducing the groundwater separation from 2’ to 1’. P. Dillon moved to allow separation from groundwater to SAS from 5’ to 4’. J. Litchfield seconded with board voting unanimously to approve. Variance approval will generate a deed restriction on house.
65 Wildcat Lane – George Collins – Olde Stone Engr. – Variance Requests: This is very tight sight to fit new septic. Plans showing test pits have been to Conservation. Engr. will have to go back to Conservation on other issues. G. Collins assured the board that retaining wall would not have an impact on drainage to adjacent properties.
1. P. Dillon moved to allow groundwater separation from 4’ to 3’ @ 65 Wildcat Lane. Deed restriction will be generated with granting of this permit. J. Litchfield seconded with board voting unanimously to approve.
2. P. Dillon moved to allow setback from SAS to property line from 10’ to 8’. J. Litchfield seconded with board voting unanimously to approve.
3. P. Dillon moved to allow setback from SAS to cellar wall from 20’ to 16’. J. Litchfield seconded with board voting unanimously to approve.
4. P. Dillon moved to allow setback from SAS to foundation from 10’ to 7’. J. Litchfield seconded with board voting unanimously to approve.
5. P. Dillon moved to allow setback from wetlands from 100’ to 55’. J. Litchfield seconded with board voting unanimously to approve.
401 River Street – Gary James: Court case on this property will be coming up soon. G. James asked board member that in order to bring system up to code, what needs to be done. All permits have expired. All debris on property has been removed and swale has been put back. Question is sub drain and location of septic tank. J. Litchfield asked if drain running through property owned by the town. G. James replied that word of mouth is that it is a street drain coming through the property. There is no proof that street drains exist. J. Litchfield feels that if over time there has been no complaints on street drainage then it is a dead issue. J. Litchfield wants to check with P. Foulsham to see if any failure of catch basins in the area. If not, subject closed.
J. Litchfield asked G. James given grades there now can he accomplish drainage from going onto neighbors property without moving the tank. If G. James can get swale to control run-off then this problem will be solved. Engineer needs to verify issues and certify as-built. B. Flynn wants drainage detail to be submitted. G. James will chase lines and make a report. P. Dillon stated because this is artesian water there would have to be a foundation drain. G. James will be back with new plan showing new grades. Will also need to get a new permit. If it needs additional grading abutters will be notified for a later meeting date.
2 Brigantine Circle – Patricia Tierney: Ms. Tierney stated that house built in 1963 as a 5 bedroom. Septic updated in 1987 by Alan Fredrickson. Permit doesn’t indicate how many bedrooms there were. Assessors showed it as a 5 bedroom in 1988. In 1995 two (2) small rooms were made into one (1) large room by taking down a wall. P. Tierney has a signed purchase and sale agreement and would like to convey property as a 5 bedroom. Title 5 inspection report lists it as a 4 bedroom house. P. Tierney stated that she has been paying taxes for a 5 bedroom house. P. Dillon stated that if you calculate size of system there now you need 110/gallons per day per bedroom and the system is short of the 550 gallons required for a 5 bedroom. The problem would be when
the buyer puts wall back up they need a permit from Building Dept. and when BOH is contacted, the file shows that the system is 519 gals/day which is 31 gals. short of 550 gallons and system isn’t big enough. P. Dillon explained that when Title 5 changed in 1995 systems lost capacity. P. Tierney asked if she stated 5 BR instead of 4 BR at the time of the inspection would it have gone through. P. Dillon stated probably but problem would come when new homeowner tried to get a building permit. System okay for 4 bedrooms but needs to be upgraded to support a 5 BR. P. Tierney asked for board to cut her some slack. P. Dillon explained to her that the board does not have that kind of latitude. State law states 110 gallons per day, per bedroom. J. Litchfield stated that to get additional bedroom system needs to be added on to. P. Dillon stated to call Brett Rowe at DEP and ask if adding a fifth bedroom will increase flows to 550
gallons. Ask him if variance ever granted. Board of Health cannot do a variance for flows, only distance.
Approval of Voucher Dated February 23, 2004
Approval of Minutes Dated January 26, 2004
Adjournment at 6:45 p.m.
_____________________
John O. Litchfield
Co-Chairman
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