Lincoln Board of Health
Meeting Minutes
October 2, 2002
PRESENT: Frederick Mansfield, M.D., Chairman
Arnold Weinberg, M.D.
Diane Haessler, R.N.
Michael Moore, Agent
Elaine Carroll, Secretary
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Previous Minutes The minutes from the September 4, 2002 meeting were approved as written.
Septic System Reviews:
16 Tower Road This is a replacement system for an existing home located at the top of a steep slope. The proposed design shows how fill material will have to be added to the wooded hillside down gradient of the leaching bed in order to protect against breakout. If the Board did not grant the requested variances, the leaching area would have to be larger and higher in the ground, and a significantly larger amount of fill material would be needed on the down-gradient slope. The petitioner is asking the Board to grant three variances from its local regulations:
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 facility with 6 inches of base aggregate below the distribution pipes, instead
of 12 inches as required by local amendment to 310 CMR 15.247(3).
3) To construct a leaching bed or field, which is prohibited by local amendment to 310 CMR 15.252(1).
After a brief discussion with Bill Murphy, R.S., the designer of the system, a motion was made to grant the local variances as requested provided that a deed restriction is filed, which prohibits the installation of a garbage grinder. The motion passed 3-0.
15 Lincoln Road This is a replacement system for an existing home. The proposed design attempts to leave the trees along Lincoln Road and avoids the need for a 1-foot mound. The petitioner is asking the Board to grant three variances from its local regulations and one local upgrade approval from Title 5:
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 facility 5 feet away from a concrete slab, instead of 10 feet as required by 310 CMR
15.211(1).
3) To construct a leaching facility with 6 inches of base aggregate below the distribution pipes, instead
of 12 inches as required by local amendment to 310 CMR 15.247(3).
4) To construct a leaching bed or field, which is prohibited by local amendment to 310 CMR 15.252(1).
After a brief discussion with Russ Hansen, owner, and Bill Murphy, R.S., the designer of the system, a motion was made to grant the local variances as requested provided that a deed restriction is filed, which prohibits the installation of a garbage grinder. The motion passed 3-0.
86 Conant Road This is a replacement system for an existing home which abuts a wetlands and a tributary to the Cambridge Reservoir. The components of the existing system are closer to wetlands than the replacement leaching area in its proposed location near the road. According to the application filed by the property owner, the existing system is in failure. The petitioner is asking the Board to grant three variances from its local regulations and local upgrade approval from Title 5:
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 the following system components less than 200 feet from a tributary to a surface water supply,
which is prohibited by 310 CMR 15.211(1):
a) Leaching facility is 100 feet away.
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3) To construct the following system components less than 100 feet from a wetlands bordering a tributary to a
surface water supply, which is prohibited by 310 CMR 15.211(1):
a) Septic tank is approximately 30 feet away.
b) Leaching facility is approximately 62 feet away.
4) To construct a leaching facility with 6 inches of base aggregate below the distribution pipes, instead
of 12 inches as required by local amendment to 310 CMR 15.247(3).
5) To construct a leaching bed or field, which is prohibited by local amendment to 310 CMR 15.252(1).
Peter Blacker, owner, and Joseph Nihill, the designer of the system, were here to present the proposal to the Board. An abutter, Peter Torode of 82 Conant Road, voiced his concern regarding his well. Mr. Torode was assured that the well was far enough away and should not present a problem. After a brief discussion, a motion was made to grant the local variances as requested provided that a deed restriction is filed, which prohibits the installation of a garbage grinder. The motion passed 3-0.
164 Sandy Pond Road On 7/5/02, a plan was filed for review with an attached soil evaluation form (also called a soil log). According to the soil log, rank Emmons witnessed the soil tests on 5/18/95. Unfortunately, Frank left no field notes to confirm his presence or the results. Section 310 CMR 15.018(2) requires soil evaluation forms to be forwarded to the Board of Health within 60 days of the date of the field testing, so this soil log was filed seven years late. The proposed plan was rejected and the engineer was told to make corrections in a letter from staff dated 7/23/02. In his request for a hearing dated 9/18/02, the system designer asks for a hearing before the Board to discuss the rejection letter. Staff believes that there are three good reasons to require
additional soil tests on this parcel:
1) This lot is located in the Flint s Pond watershed, and every precaution must be taken to protect the Town s water
supply.
2) The policy entitled “Determining Ground Water Elevations During Soil Tests” has been enforced by staff since the Board
adopted it in 1996.
3) Title 5 allows the Board of Health to require additional soil tests “where soil conditions vary” [see 310 CMR 15.104(4)] or
if, in the opinion of the Board, “additional testing is necessary to properly assess site conditions”[see 310 CMR 15.102(2)].
Kevin O Leary, the designer of the system, presented his plan and is asking the Board to modify or withdraw the letter written by staff on 7/23/02. He said that the owner had to put off installing the new system because of various problems and it would be a hardship for the owners to have to perform additional soil tests at this time. The plan, which included using a galley system. A DEP inspector had vetoed using a similar system in Concord previously. Mr. O Leary stated that a DEP inspector had approved the system and Mike Moore said that he would send a letter and the plan showing the galley system design being used to see if DEP is okay with this. Mr. O Leary said that he would also send a letter with the same request to the DEP. The Board voted 3-0 to sustain the letter written by
staff and requires the applicant to conduct additional soil tests. Mike Moore said that he would investigate to see if any contractors are working in the area to possibly hold down the cost to the owner and the Board also agreed to waive the fees associated with the new soil tests and review of the septic system plans.
Other Business:
Bills Paid 1 bill was paid to the Town of Lexington in the amount of $582.09 for the August hazardous waste collection.
Flu Clinic The November 16 flu clinic was discussed and all members will be available to work on that date along with Ann Phillips, School Nurse,
A memo from the Board of Selectmen asking for a representative from the Board of Health to be present at future meetings concerning 40B housing in Lincoln was discussed and it was felt that the Board would make itself available for any discussions necessary regarding health issues and Mike Moore also would be available for any septic issues when needed. Dr. Mansfield will inform the Board of Selectmen of this decision and ask for minutes to the meetings for review.
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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 November 13, 2002.
Respectfully submitted,
Elaine M. Carroll
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