Lincoln Board of Health
Meeting Minutes
June 7, 2006
PRESENT: Frederick Mansfield, M.D., Chairman
Diane Haessler, R.N.
Michael Moore, Agent
Elaine Carroll, Secretary
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The minutes from the May 10, 2006 meeting were approved as written. The next meeting is scheduled for July 5.
Septic System Reviews:
219 Tower Road During the soil tests witnessed by the staff on 3/7/06, the high groundwater elevation was at 7 feet and the percolation rate was 2 minutes per inch. This fast perc rate means that the bottom of the leaching facility must be 5 feet above groundwater, or no more than 2 feet below the surface. Since Title 5 requires at least 9 inches of cover material over system components, the only way a designer can avoid a mound on this lot is to propose a leaching facility that is no more than 15 inches from top to bottom. Even though the system is tucked into a hillside, the two local variances are required to avoid a 6-inch mound at the lower end. Soil tests were not conducted in the back yard, which contains wetlands and a private well. 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 designer, Thomas DiPersio, and owner, Steven Smith, a motion was made to grant the local variances as requested. The motion passed 2-0.
42 Silver Hill Road This property is Lot 7 in a subdivision that was created in 1979 and it is vacant land surrounded by woods. Today, the subdivision contains only two remaining buildable lots, Lot 7 and Lot 10, and they are surrounded by land in a conservation restriction. The deeds for both Lot 7 and Lot 10 give both owners the right to build septic systems in Conservation Area “D”. In February of 2005, the owner of Lot 7 was issued a permit to construct a 4-bedroom septic system that would serve a brand new house. No variances were needed because both the septic system and the house were small enough to fit on the parcel. In April of 2006, the owner of Lot 7 applied for a permit to construct a 6-bedroom septic system on the abutting Conservation Area “D”. Shifting the septic system off-site in this manner allowed the designed to lower the contours, and add a swimming pool and large circular driveway. Title 5 was revised by DEP on 4/21/06, and section 310 CMR
15.211(1)[5] now prohibits septic components on neighboring parcels without DEP-approved variances. For this reason, staff rejected the plan and told the designer that the matter would have to be put before the Board for a vote. Since the deeds for Lot 7 and Lot 10 give each owner “the right to construct, maintain and use an underground septic system or systems in Conservation Area D”, it is not clear how specific locations are assigned to each property owner. The petitioner is asking the Board to grant one variance from Title 5, and one variance from its local regulations:
(1) To construct a leaching facility, two distribution boxes, and sewer pipes beyond the property line of the facility, which requires a DEP-approved variance according to 310 CMR 15.211(1)[5].
(2) To construct a leaching facility, two distribution boxes, and sewer pipes outside of the confines of the lot appurtenant to the structure for which the disposal system is designed and constructed, which is subject to Board of Health approval under local amendment 310 CMR 15.100(6).
Dave Crispin, designer, Ken Eisner, builder, and Buzz Constable, President of the Lincoln Land Conservation Trust, came before the members to discuss this situation. Mike Moore felt the problem is that there is nothing to prevent the owner of Lot 10 to want to build in the same area as the components of Lot 7. After a brief discussion, a decision to seek in writing from the owner of Lot 10, Peter Schliemann, an agreement that he would agree not to build within 20 feet of the area used by Lot 7 but would have the use of any other area in Conservation Area “D” for a septic system for Lot 10. Dave Crispin will do the wording of the document and place dotted lines on the plan to show the area reserved for the septic components for Lot 7. He will ask the interested parties to sign the
document. This document will allow the Board to treat this as a local variance without the need for DEP approval. The members voted 2-0 to approve
Option 2.
Other Business:
Avian Flu Dr. Mansfield received a letter from a resident concerned about the Avian Flu and wanted to know what the Board was doing to prepare for a possible pandemic. Dr. Weinberg has submitted an article to be published in the Lincoln Journal. The Town is working with Fire Chief Cotoni and Emerson Hospital and other towns for a mutual aid agreement. Dr. Weinberg had reported previously that the flyways are under surveillance and as of now it is a “wait and see” situation. If the Avian flu does reach the United States, the advice for all citizens would be to keep a supply of water, food and prescription medications on hand and to wear a mask.
105 Trapelo Road Mike Moore answered an e-mail received from an abutter who said that he has standing water, which he feels is the result of a newly installed leaching field for 105 Trapelo Road, which was constructed in full compliance with state and local septic regulations. The creation of this water is considered a private nuisance between two property owners and is not something the Town of Lincoln can regulates or controls.
Leaf Blowing Nuisance The members addressed the issue of the noise and possible health risk of leaf blowing in Town, which some residents have complained about to the Selectmen. Mike informed the members that, although it may be a nuisance, there are no enforceable Board of Health regulations to cover this. Any noise problem should be discussed with a neighbor for a more appropriate time to use a leaf blower and there is no evidence of a health risk due to leaf blowing.
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There being no further business, the meeting was adjourned at 9:30 p.m.
Respectfully submitted,
Elaine M. Carroll
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