Lincoln Board of Health
Meeting Minutes
September 14, 2005
PRESENT: Frederick Mansfield, M.D., Chairman
Arnold Weinberg, M.D.
Michael Moore, Agent
Elaine Carroll, Secretary
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The minutes from the July 27, 2005 meeting were approved as written. The next scheduled meetings are Oct. 5, Nov. 2 and Dec. 7, 2005.
Septic System Reviews:
104 Concord Road The owner is replacing his septic system voluntarily, and would like to limit the size of the leaching mound. The proposed leaching system would support 7 bedrooms, and is 50 feet long, 32 feet wide, and 12 inches deep. A 7-bedroom leaching system with trenches would be 54 feet long, 34 feet wide, and 24 inches deep. Granting the variance would decrease the size of the leaching mound. The petitioner is asking the Board to grant one variance from the local regulation:
1) 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 owner, Neil Feinberg, and designer, David Crispin, who said that he has approval from the ZBA for his accessory apartment and does not plan to do any new construction, a motion was made to grant the local variance as requested. The motion passed 2-0.
31 Old Concord Road This is new construction on a vacant lot. The proposed leaching system would support 6 bedrooms, and is 67 feet long, 20 feet wide and 6 inches deep. A 6-bedroom leaching system with trenches would be 74 feet long, 18 feet wide, and 24 inches deep. Granting the variances would decrease the size of the leaching mound, which would result in less fill material in the 100-foot buffer from wetlands. Denying the variance would not prevent the lot from being developed, because the property can support a larger leaching mound. So the neighbors might ask the Board to deny the variances and the Con Com might ask the Board to grant the variances. The petitioner is asking the Board to grant two variances from the 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).
Peter Conant, Architect and Bill Murphy, designer, for the owner, Thomas Dooley, came to this Board before talking to the Planning Board and Conservation Commission. Dr. Mansfield said that this Board tends to keep close to the line for new construction. Mr. Conant said that the system can be built without requesting any variances but would require a larger mound, which would impact the land more. In this instance, the staff would issue a permit without needing approval for variances. Any major renovations to the plan would mean an additional $100 fee. The members had received a memo from the Con Com alerting them to problems regarding this parcel. The Board also received a letter from an abutter, Sam Mygatt, voicing his concerns regarding this parcel and Mr. Mygatt also spoke to the
Board during the hearing. Susan Mygatt showed the members a plan of all the parcels developed by Mr. Dooley and the two remaining lots. This lot is the only one with potential problems. Clifford Cort, 28 Old Concord Road, voiced a concern over water flow onto his property. Mike Moore said that no storm drains need to be provided on single family homes but mounds closer than 6 feet to the property line will need a swale. Anna Hardman, 17 Old Concord Road, asked about the proximity of trees to a leaching field (concerned about the trees). Mike Moore stated that no trees could be within 10 feet of the leaching field. Yannis Ioannides, 17 Old Concord Road, also voiced concern about water flow. Mike said that the application is dated August 30 and must be decided by the Oct. 5 meeting. The members voted to continue the application until Oct. 5 so that Con Com will have a chance to look over the plan.
132 Bedford Road According to the applicant s request for a soil test, the system was found to be in failure when examined by Roger Maillet. The proposed leaching system would support 5 bedrooms (with no garbage grinder), and is 42 feet long, 18 feet wide and 6 inches deep. A 5-bedroom leaching system with trenches would be 42 feet long, 18 feet wide and 24 inches deep. Granting the variances would decrease the height of the leaching mound by 18 inches. The petitioner is asking the Board to grant three variances from the local regulation:
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 the owner, John Koenig, and Bill Murphy, designer, at which time an abutter, Mrs. Dyck, asked why the variances were needed. Mike Moore said that the leaching mound would be higher without a variance. 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 2-0.
39 Sandy Pond Road The system that currently serves this house is being replaced because a proposed addition will exceed the carrying capacity of the existing system. The proposed leaching facility is on a hillside, so some amount of fill will be needed. The proposed leaching system would support 6 bedrooms and is 75 feet long, 25 feet wide and 6 inches deep. A 6-bedroom leaching system with trenches would be 78 feet long, 26 feet wide and 24 inches deep. Granting the variances would decrease the size of the leaching mound. The petitioner is asking the Board to grant two variances from the local regulations:
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).
After a brief discussion with the owner, Marcus Gleysteen, and designer, Bill Murphy, at which time Mr. Gleysteen said that he just bought the property and is planning to update the kitchen, build a new garage and add 1or 2 bedrooms and would like to minimize tree loss and the impact on the site. He said a stream runs through the property but Bill Murphy said that it meets the 200-foot setback from a stream. A motion was made to grant the local variances as requested. The motion passed 2-0.
9 Acorn Lane According to the applicant s request for a soil test, the system was found to be in failure when it was examined by Ted Doucette, the system designer. The proposed leaching system would support 4 bedrooms and is 45 feet long, 30 feet wide and 12 inches deep. A 4-bedroom leaching system with trenches would be 45 feet long, 34 feet wide and 24 inches deep. Granting the variances would decrease the size of the leaching mound. The petitioner is asking the Board to grant one variance from the local regulation:
1) 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 owner, Mark Hockman, and a representative from Windriver Environmental, a motion was made to grant the local variance as requested. The motion passed 2-0. Mr. Grason, an abutter, asked what the reason for the variance was and Mike Moore explained to him that it was to limit the amount of mounding over the leaching system.
Antico Excavating Because of violations to Title 5 at Minuteman Commons, 82 Virginia Road, which is outlined in a letter from Mike Moore, dated Sept. 9, 2005, the application for a Disposal System Installer s Permit is denied and it was ordered that Antico Excavating shall not construct, upgrade or expand any on-site subsurface sewage disposal systems or system components in the Town. The applicant has requested a hearing to ask the Board to review the letter. Mike Moore said that the leaching trenches at Minuteman Commons were constructed without a 2-inch layer of 1/8 1/2 inch double washed pea stone over the base aggregate as required by Section 15.247(2) of Title 5 and the system installer backfilled leaching trenches and concealed trenches from view before a final inspection had been
conducted and permission granted by the Board of Health to backfill the system as required by Section 310 CMR 15.021(2) of Title 5. The installed failed to demonstrate capacity or knowledge of the proper construction and installation of systems as required by Section 310 CMR 15.019 of Title 5 and finally that the installer failed to correct code violations to system components in a workmanlike fashion as required by Section 105 CMR 410.300 of Chapter 2 of the State Sanitary Code. Bill Enwright of Antico Excavating and Shane Nolan of the Mayo Group came before the Board to discuss a solution to the situation. They have scraped out a trench and brought in new stone and new pipe was put in, which has been inspected by Stan Sosnicki. After a brief discussion, the Board voted 2-0 to overturn the suspension of the installer s license and the installers will dig out, rebuild and correct each trench. The Concord staff will inspect the trenches as they are
corrected. Another $400 application fee for installation will be paid because of all the additional time spent on this particular project.
Informal Discussions:
Recreational Camps for Children Dan Pereira of the Recreation Dept. met with the Board to discuss some of the programs currently using Town property for summer camps. Dan said that the soccer camps are the only ones that the Rec. Dept. doesn t run. These camps do all the work but do not always meet codes and he is working with groups to make sure that they do meet the codes. It was felt that any applicant coming to use Town property would need to comply with codes unless they choose to come before the Board for a waiver as a non-camp. Whether a group is considered a camp or non-camp will be left up to Dan and any that are in the gray area can be denied by him.
Lead in Schools Mike Moore reviewed the lead test results done on 4/27/05 received from Susan Bottan of the business office at the Lincoln Schools and noticed that only 50% of the fixtures tested were in compliance with guidelines from the Mass. DEP Drinking Water Program. In a letter to Susan Bottan he recommended that each of these fixtures be retested at the same time that samples are collected from the two schools at Hanscom. Mike made the suggestion that Susan Bottan come to a meeting to see what can be done about the lead and also to talk about the septic system.
Other Business:
Bill Paid There was one bill paid. Town of Lexington for Hazardous Waste date in July ($193.71).
EEE Dr. Weinberg talked about the cases of EEE in New Hampshire and the south shore, which have been in the news lately.
Flu Clinic The Council on Aging had asked for a date for the flu clinic. The members decided that Nov. 19 was the best date. Mike said that he had not heard of any shortage of vaccine this year but the State has not let us know how much the Towns will be getting. Dr. Weinberg is not available to help at the flu clinic and Elaine Carroll will check with Maureen Richichi, School Nurse, and Diane Haessler regarding their availability.
Asbestos Removal - Elaine Carroll informed the members that someone had illegally dumped 10 trash bags full of asbestos on Page Road. The Fire Dept. bagged it into 5 hazardous waste bags. Elaine called an asbestos removal company to come and remove it and wanted the members to know that the cost would be $220 and would come out of the Hazardous Waste Collection budget.
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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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