Lincoln Board of Health
Meeting Minutes
September 15, 2004
PRESENT: Frederick Mansfield, M.D., Chairman
Arnold Weinberg, M.D.
Diane Haessler, R.N.
Michael Moore, Agent
Elaine Carroll, Secretary
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The minutes from the August 4 meeting were approved as written. The next meeting will be October 20, 2004.
Food Establishments:
WhistleStop Brian Mehigan came before the Board for his monthly review. The Board was given the preliminary decision from the Planning Board regarding the additional space for up to 18 seats. There is to be no cooking other than reheating of previously prepared foods with hours of operation limited to 6 am 4 pm Monday through Friday and 7 am 3 pm on Saturday. No Sunday hours unless such hours are reviewed and approved by the Planning Board. The Planning Board also wants to see a plan showing existing conditions with proposed expansion superimposed over the existing plan. Rural Land Foundation has tentatively agreed to do renovations to the existing bathroom in the additional space and there was a discussion as to whether it should be handicap accessible, but may not
be required for only 18 seats. The members agreed that a bathroom was needed whether it is shared or for patrons only. Mr. Mehigan said that he was embarrassed by the first inspection by Gabby White, which resulted in many violations. Subsequent inspections have found the equipment has been cleaned and Mr. Mehigan said that he is re-training the employees to take better care. Mr. Mehigan has asked to sell hot soup now that summer is over. He said that the soup would be pre-made each day and reheated. Any leftover soup would be discarded at the end of the day. By a vote of 3-0, the food permit has been continued until October 21 with full WhistleStop menu including hot soup. Mike Moore will work with Mr. Mehigan to get a layout of the restaurant and will bring in the plan at the Oct. 20 meeting when Mr. Mehigan comes in for renewal of his permit.
Septic System Reviews:
26 Old Farm Road The owner wants to build an addition where the septic system is currently located. The new system will be toward the back of the lot, in a wooded area. The proposed leaching facility will require up to 3 feet of fill material. The two local variances being requested would allow the leaching mound to blend more easily into existing contours. The petitioner is asking the Board to grant 2 variances from the local regulations:
1) To construct a leaching facility with 6 inches of base aggregate, instead of 12 inches as required by local amendment to 310 CMR 15.247.
2) To construct a leaching bed, instead of trenches as required by local amendment to 310 CMR 15.252(1).
After a brief discussion, at which time Bill Murphy said that he wanted to minimize grading and would use a partial stone wall to hid the mound, a motion was made to grant the local variances as requested. The motion passed 3-0.
177 Concord Road This property, which was purchased by The Food Project, is being upgraded in exchange for access to some farmland. According to the soil test application filed with the Health Division, the current system would not pass a Title 5 inspection. The entire parcel is either wetlands, or less than 100 feet from wetlands. The local variances being requested would allow the smallest possible septic system to be constructed as far as possible from wetland resources. The leaching facility is designed to support a two-bedroom house with a garbage grinder. Section 310 CMR 15.240(5) of Title 5 requires septic systems to be designed to serve a minimum of 3 bedrooms, unless the Board of Health approves a deed restrction that limits the property to 2 bedrooms. The
petitioner is asking the Board to grant 4 variances from its local regulations:
1) To construct a leaching facility with 6 inches of base aggregate, instead of 12 inches as required by local amendment to 310 CMR 15.247.
2) To construct a leaching bed, instead of trenches as required by local amendment to 310 CMR 15.252(1).
3) To construct septic system components less than 100 feet away from wetlands, which is prohibited by local amendment to 310 CMR 15.211(1);
a) Septic tank and pump chamber are 25 feet away from wetlands, and
b) Leaching facility is 52 feet away from wetlands.
After a brief discussion with Bill Murphy and Pat Gray of The Food Project, at which time an abutter, Eric Selsing, had questions about the boundaries, a motion was made to grant the variances as requested, with the condition that a deed restriction that limits the property to 2 bedrooms is filed with the Registry of Deeds and no construction begin until the deed restriction is filed and the lot line is professionally staked. The motion passed 3-0.
Lincoln Ridge This is a 58-unit condo complex and is replacing a number of its septic systems, which were originally built very deeply into the ground. When small property owners have to replace deep septic systems, the design engineers usually raise as much of the system as possible and add pump chambers where needed. The designers from Norfolk RAM Group would rather get variances from the Board than install pump chambers. Staff tried to convince them otherwise, but they requested a hearing. If the Board decides that it would like to grant variances to have more than 3 feet of cover over system components, then the hearing will have to be continued so that abutters can be notified 10 days in advance by certified mail with return receipt. The “3 feet of cover”
variance has to be approved by DEP under 310 CMR 15.221(7), and DEP requires copies of green cards with the application for review. Some of the proposed construction is very deep, and staff believes that all plans need illustrations, which show how deep excavations will be shored up to prevent loose soils from collapsing into the excavation. Joe Dahmen of Lincoln Ridge, Kevin Klein and John McAllister of Norfolk Ram Group came before the Board to discuss the plan, which they wanted the Board to approve. They said that a deed allows them to put systems on designated portions of Conservation Land and stay 600 feet away from Farrar Pond. After a discussion regarding the benefits of a gravity system as opposed to a pump chamber, the members felt that they needed to review the plans and options more. It was decided that either Lincoln Ridge would redesign the systems so that they would not need DEP approval or they would again come before the Board after
they had sent out notices to all abutters. The Planning Board had granted approval for the location of the systems with the stipulation that they received Board of Health approval on the septic system designs.
Other Business:
Bills Paid Two bills were paid: Commonwealth of Mass., Mosquito Control Program for $2,500.00 and MHOA in the amount of $225.16 for the return of funds not used by June 30 from grant.
School Nurse The new school nurse, Maureen Richichi, will be asked to come to the next meeting to meet with the Board members before the Nov. flu clinic.
Flu Clinic The Council on Aging Flu Clinic has been set up for November 13 at Bemis Hall. Dr. Mansfield,
Dr. Weinberg and Maureen Richichi will be giving the vaccine shots.
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There being no further business, the meeting was adjourned at 9:45 p.m.
Respectfully submitted,
Elaine M. Carroll
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