Lincoln Board of Health
Meeting Minutes
January 16, 2002
PRESENT: Fred Mansfield, M.D.
Arnold Weinberg, M.D.
Diane Haessler
Michael Moore, Agent
Elaine Carroll, Secretary
GUESTS: Robert Guernsey, Septic Designer for 86 Tower Road and
152 Trapelo Road
Joseph Genova, Minuteman Tobacco Control
Annamaria SanAntonio
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Opening of meeting The meeting opened at 7:30 p.m. with Dr. Mansfield, Dr. Weinberg and Diane Haessler in attendance.
Previous Minutes The Board reviewed the minutes of the December 5, 2001 meeting and approved them with the correction of one minor typing error.
Septic System Reviews:
86 Tower Road This is a continuation from July, 2001, when the Board denied the variances because it was “new construction” and advised the applicant to either: 1) Design a 4-bedroom system that does not require variances or 2) Sign a deed restriction limiting the property to 3 bedrooms. Instead, the applicant chose to re-design the proposed renovations so that the building will end up with the same number of rooms when finished. Since there is no increase in flow, the renovations do not create new construction and the Board is being asked to consider the same variance requests, which are to grant two variances from its local regulation as follows:
1. To construct a pump chamber 73 feet away from wetlands, instead of not less than 100 feet as required by local amendment to 310 CMR 15.211(1).
2. To construct a septic tank 73 feet away from wetlands, instead of not less than 100 feet as required by local amendment to 310 CMR 15.211(1).
After a brief discussion, a motion was made to grant the variances as requested. The motion was passed 3-0.
152 Trapelo Road According to an inspection report dated 6/19/01, the existing system has failed and the house has 4 bedrooms. The lot has soils with a percolation rate of over 30 minutes an inch, and sloping contours. The proposed 4-bedroom system is a gravity system located in the lower corner of the lot. The petitioner is asking the Board to grant one variance from its local regulation and one local upgrade approval from Title 5 as follows:
1. To construct a leaching facility which is not increased by 50% to provide for potential garbage grinder installation whether or not a garbage grinder is initially installed as required by local amendment to 310 CMR 15.203(2).
2. To construct a leaching area in soils with a percolation rate in excess of 30 minutes per inch in accordance with 310 CMR 15.405(1)(c).
After a brief discussion regarding the Singulair Wastewater Treatment System, which will be used, a motion was made to grant the local variance and local upgrade approval as requested. The motion was passed 3-0.
Tobacco Control Regulation:
The Board is being asked to adopt a Tobacco Control Regulation as Chapter 4 of its local regulations. Chapter 1 of the local regulations contains the penalties and remedies, which would apply to tobacco control activities. The proposed regulation for tobacco control was discussed in the paper and copies were sent to the Selectmen s Office and Donelan s. The Board felt that if there was any opposition to this regulation, it could be put on the warrant and go before the Town as a bylaw. There was no one present at the meeting in opposition of this proposed regulation. Dr. Weinberg suggested that the first paragraph of the regulation should read, “The purpose of this regulation is to control the sale of tobacco products to minors (in support of State law) and to limit the exposure of
the public to environmental tobacco smoke”. Mike Moore also said that the permit needed to sell tobacco in Town would need to be added to the list of fees charged by the Town. Joe Genova spoke regarding the fact that any tickets would go to the vendor and any offender would need to go to classes on knowing how to detect minors. The State will provide signage for stores. Dr. Weinberg felt that the no smoking signs are okay but maybe the sign showing a cigarette with a slash through it would be better and is universally known in any language. Mr. Genova talked about their use of minors who try to purchase
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cigarettes and that they are instructed to answer all questions from vendors honestly including their age and also dressing age appropriate so that there is nothing that can be construed as entrapment. He usually does 4 compliance checks in each town but does 3 in Lincoln and Donelan s has passed 100%. The Board asked Elaine Carroll to check with Town General Bylaws to make sure that the Board of Health or its designee has the authority to issue fines. A motion was made and seconded to adopt the Tobacco Control Regulation as a Board of Health Regulation for the Town of Lincoln. The motion passed 3-0. Mr. Genova will write up the regulation with the changes suggested and will e-mail it to the Board members for their review. Mike Moore said that a summary of the regulation will
appear in the Lincoln Journal and an attested copy of this regulation will be filed with the Department of Environmental Protection for the maintenance of a central register.
Massage Therapy License:
Annamaria SanAntonio of 62A Conant Road came before the Board to be granted a license to practice massage in the Town. The Board reviewed her application and after a brief discussion at which time the applicant said that she would like to set up a practice in one of the businesses in the center of town. She is currently practicing out of her home with for a limited clientele. She said that she had been contacted by the new chiropractor at 152 Lincoln Road and that could be an option. She would advertise for business. The Board voted 3-0 to grant Ms. SanAntonio a permit to practice massage therapy.
Other Business:
Pesticide Workshop Susan Klem spoke with Dr. Mansfield to ask that someone from the Board of Health attend a Regional Pesticide Awareness Campaign workshop on February 7 at the Wellesley Town Hall. Mike Moore said that he would try to attend.
Mosquito and Tick Awareness Dr. Weinberg reminded the members that they need to get in touch with the schools in the early spring to be sure that information is made available to the schools either through hand outs or a speaker from Mosquito Control regarding protecting themselves from mosquitoes and ticks.
The Food Project Diane Haessler informed the Board that The Food Project would like to start using the Farrington Memorial as a place to have guest chefs from the area cook and serve people. Farrington Memorial s lease with Gould Farm is not being renewed and The Food Project is unable to continue using St. Anne s kitchen since that part of it has been torn down for renovations. Mike Moore will look into what needs to be done as far as inspections and permits and will get them to the point where they will either comply or come before the Board for a variance.
Deer Population An article, which appeared in the Globe on 12/27/01was dropped off for the Board by George Hibben regarding hunters being allowed to kill 12 deer on conservation land in Sudbury.
Codman Pool The Board reviewed a letter from the Recreation Department citing the 7 violations, which were given by Mike Moore for the Codman Pool. The Recreation Department is requesting a variance in order to continue operation of the Codman Pool for the summer of 2002. Mike Moore will review the letter and make a recommendation to the Board.
Bills Paid There were 3 bills paid. Commonwealth of Mass., third quarter payment for mosquito control in the amount of $2,500.00, Town of Lexington for the Nov. 17 Hazardous Waste Day in the amount of $955.61 and Eliot Community Human Services for the second quarter payment of $1,250.00.
Hobbs Brook Farm Mike Moore showed the Board the memo he wrote to Debra Parkhurst of the Planning Board regarding the proposed septic system approval of Hobbs Brook Farm, which gave recommendations which would have to be met before the Board would approve a “proof plan”. Based on this memo, Debra wrote to Christina Breiter to tell her that because of these developments the Planning Board was not able to approve the plan and before they come back to the Planning Board on Jan. 23, and prior to that meeting, they may wish to continue discussions with the Board of Health relative to answering their concerns. Mike reported that he had been in contact with a representative from Hobbs Brook Farm and was working with him to resolve the problem and will report back to the Board at a later date.
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There being no further business the meeting was adjourned at 9:30 p.m. The next meeting will be held on February 6, 2002.
Respectfully submitted,
Elaine M. Carroll
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