Lincoln Board of Health
Meeting Minutes
June 5, 2002
PRESENT: Frederick Mansfield, M.D., Chairman
Arnold Weinberg, M.D.
Diane Haessler
Michael Moore, Agent
Elaine Carroll, Secretary
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Previous Minutes The minutes from the May 1, 2002 meeting were approved as written. The members went over the calendar of future meetings.
Food Establishments:
Farrington Memorial A representative from Farrington Memorial came in to ask that the Board grant a variance for a separate sink to wash hands. Farrington Memorial is primarily used by residents living in building but will have guest chefs for 5 Fridays during the summer, which prompts the need for a separate sink for hand washing. Farrington Memorial will need to have paper towels and soap handy and use paper plates and disposable utensils for occasional use by others. Paper plates not required for residents. Variance is only needed because of guest chefs serving many people. The Food Project proposed to have a qualified manager on site when the guest chefs are there. The Board felt that there would be no significant health hazard or nuisance and granted the variance
3-0.
Donelan s Supermarket A request for a variance from having a separate mop sink was made. No one from Donelan s was present and the request for the variance was denied 3-0.
Septic System Reviews:
274 Cambridge Turnpike According to the soil test application form, the existing has failed and “does not leach”. The replacement system is located in an area where high ground water is 3.7 feet below the surface, so a 2-foot leaching mound is needed to maintain a 4-foot offset between ground water and the bottom of the leaching facility. In order to keep the leaching mound as small and low as possible, the applicant 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 Jane and Rosemary Panetta, a motion was made to grant the variances as requested provided that a deed restriction is filed with the Registry of Deeds. The motion was passed 3-0.
118 Lexington Road (Lots 4 and 5) In August of 2000, the staff reviewed two plans to cut up the aforementioned property into 4 or 5 separate parcels. A portion of this property has limited development due to wetlands and a tributary to the reservoir. In March of 2002, the applicant submitted 5 septic system plans for review, each showing new construction on vacant lots. Lots 4 and 5 show a portion of each septic system within 100 feet of wetlands. Septic system permits were issued for Lots 1, 2, and 3 because those systems were in full compliance with state and local septic regulations. The plans for Lot 4 and 5 were rejected because of the offset to wetlands. The petitioner is asking the Board to grant one variance from its local regulation for each lot:
1) To construct components (pipes) of a subsurface sewage disposal system less than 100 feet from bordering vegetated wetlands, instead of no less than 200 feet as required by local amendment to
310 CMR 15.211(1).
A discussion involving Ram Metzer and Roy Barr of Lexington Road Development, Attorney Tim Taylor, Buzz Constable, representing Lincoln Land Conservation Trust, and abutters, which included that the pipe for Lot 4 is 45 feet from wetlands and the pipes for Lot 5 are 80 feet from wetlands. The pipe will be sleeved where it is within the 100-foot buffer zone and no vehicle traffic will compromise the pipe. Cleanouts provided every 100 feet. Both Buzz Constable and abutter, Jim Cunningham, were concerned with preserving the openness of the field, which would be the case. Abutters prefer this plan to one using the field. Another abutter stated that the concept of a pipe within a pipe should be designed very carefully. The ends would be more than 100 feet from wetlands. A motion was made to grant the variance as requested with the request that the project be watched to be sure that what is supposed to be done is actually done properly.
The motion was passed 3-0.
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16 Weston Road According to the soil test application form, the existing system “would not pass Title 5”. The replacement system is located on a slope, so fill material is needed to construct a shelf for the leaching facility. In order to limit the amount of fill material needed and construct a gravity system from the existing building, the petitioner is asking the Board to grant 4 variances from its local regulations:
1) To construct septic components on an abutting parcel, instead of on the lot appurtenant to the
structure for which the disposal system is designed as required by local amendment to 310 CMR
15.100(5).
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 facility with 65-foot long distribution lines, instead of not longer than 50 as
required by local amendment to 310 CMR 15.251.
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 the septic designer, Bill Murphy at which time it was stated that the Rural Land Foundation has use of the abutting parcel but nothing can be built on it and the owner has a right to use that land for septic purposes, a motion was made to grant the variances as requested. The motion was passed 3-0.
49 Round Hill Road The applicant is building a new garage with living space on the second floor. The proposed system would only serve the new garage; the existing house would continue to use an existing septic system. Title 5 allows a 220 gallon-per-day system to be constructed, if a deed restriction, which limits the property to 2 bedrooms is filed. The proposed leaching area is large enough for either a 3-bedroom house with no grinder or a 2-bedroom house with a grinder. In order to limit the size of the leaching mound, the petitioner is asking the Board to grant 2 variances from its local regulation:
1) 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).
2) To construct a leaching bed or field, which is prohibited by local amendment to 310 CMR 15.252(1).
The Board read a letter from an abutter voicing concerns about the location of the leaching field in conjunction to her property. Joe Greeson of the Board of Appeals voiced his concern that this is beginning to look like an accessory apartment, which was not approved by his Board and asked that a decision be postponed. After a brief discussion with the septic designer, David Schofield, a motion was made to postpone action until the petitioner goes before the Board of Appeals. The motion passed 3-0.
Other Business:
Bills Paid One bill was paid to the Town of Lexington for the April collection of hazardous waste for $813.
Outstanding Balances The Board was informed that after July 1a list will be sent out with the names of anyone owing the Town taxes or fines for over one year, and, if someone is on that list, no permits or licenses will be issued to them until all bills are paid.
Rabies Testing Because of 2 incidents of bats discovered in bedrooms and needing to be tested, a decision needs to be made about the policy of testing for rabies and whether the Town should pay the courier service fee. After a brief discussion, the Board voted that the resident asking for the testing should pay any fees. All bats in the two cases were negative for rabies.
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There being no further business the meeting was adjourned at 10:00 p.m. The next meeting will be held on July 10, 2002.
Respectfully submitted,
Elaine M. Carroll
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