Lincoln Board of Health
Meeting Minutes
November 8, 2006
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 October 4, 2006 meeting were approved as written. The next 2 meetings are tentatively scheduled for December 6 and January 3, 2007.
Massage Therapy Review:
Carol Purdy, 2 Old Conant Road Ms. Purdy would like to practice massage and polarity therapy out of her home under the name Sacred Circles Flow Joy and has provided a packet for the Board s review. Ms. Purdy said that she has adequate parking and a separate room on the other side of her house. She would use word of mouth and not advertise. After a brief discussion, a motion was made and seconded to issue a license to Ms. Purdy. The motion passed 3-0.
Septic System Reviews:
50 Deerhaven Road The existing system was inspected on 4/5/06 by ABC Cesspool Co. and found to be in failure. A letter of noncompliance was issued on 5/1/06. The current owner purchased the house with the knowledge that the system was in failure, and was advised in an e-mail on 6/5/06 that the building could not be renovated until after the failed system is replaced. The use of Presby plastic pipes in the proposed system allows the leaching facility to be smaller and lower in the ground. However, several variances are needed from local Board of Health regulations. 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 the following components less than 100 feet away from a bordering vegetated wetlands, which is prohibited by local amendment to 310 CMR 15.211(1):
(a) Proposed septic tank is 79 feet away,
(b) Proposed pump chamber is 86 feet away.
3) To construct leaching trenches with lengths in excess of the 50-foot maximum allowed by local amendment to 310 CMR 15.251(1)(a).
After a brief discussion with the owner, Jayaraj Rajagopal, and abutters, Elliot and Anne Curtis, who were in full agreement with plans, 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.
36 Beaver Pond Road The 4-bedroom septic system that serves this property was constructed in 1997. Last year, the owner applied to the Planning Board for an accessory structure. The project was not forwarded to the Board of Health for review, but either the Planning Board or ZBA required a “Declaration of Restrictive Covenant” to be filed. The first Mike Moore heard of this project was July of 2006, when Northstar Excavating applied for a permit for a pump chamber and force main. It took awhile to get the plan, which showed the proposed sewer line from the new building to the existing tank. A permit was issued for the work, with the condition that a deed restriction for 4 bedrooms be filed at the Registry of Deeds. Without the deed restriction, the property
would need a 5-bedroom septic system. A copy of the standard deed restriction was sent to the owner. The restrictive covenant filed for Planning Board or ZBA fails to meet the requirements of Title 5 because it does not reference “bedrooms” only “residence”. The owner has asked for a different deed restriction than what has been issued in the past. The petitioner is asking the Board to review a letter by staff.
Stephen Binder came before the Board to request 2 changes to the standard deed restriction. Under condition 1, Mr. Binder would like the deed restriction automatically removed without Board of Health review because he feels that by upgrading to a larger system should mean an automatic removal of the deed restriction and worried about a Board s discretion. . Under condition 2, Mr. Binder would like the words “in the use of the premises” removed feeling that the restriction on change in use of the premises without Board permission is too vague. The members felt that they did not want to set a precedent or others could come in with changes to the wording to suit their needs. Mike Moore said that DEP s document is more restrictive. It was felt that perhaps Town Counsel
should look over the document and see if any changes need to be made. Mr. Binder will write a letter explaining his concerns and send it to Mike Moore. Mike will write a cover letter along with the current deed restriction and give the material to Tim Higgins who will decide whether Town Counsel should review it. If Tim Higgins does not feel that Town Counsel should be consulted or Town Counsel says that the deed restriction is appropriate, the Board will approve the deed restriction in use. They do not want to make a customized document for every individual. Mr. Binder was given permission to start putting pipes in the ground but not to hook up the electricity.
160 Lincoln Road The existing system was in failure when inspected in 1997. A permit to replace the failed system was issued on 10/6/97, but the 1,110-gpd replacement system was never built. The permit was revoked in 2003 when the property owner proposed to construct a new building that would exceed the carrying capacity of the approved system design. After this, DEP delineated Lincoln s Zone IIs. The property is now in DEP-approved Zone II nitrogen-sensitive area. Since the parcel is only 30,154 sq. ft., any new construction would be limited to 331 gpd of nitrogen (i.e. 3 bedrooms). On 8/1/06, the owner asked for a building review to determine the carrying capacity of the existing building and septic system. Staff advised the owner that the current flow is 1,021 gpd
and found that some proposed renovations would generate 950 gpd. The new system design has a proposed carrying capacity of 1,021 gpd, so it is not “new construction”. The petitioner is asking the Board to grant one variance from its local regulations:
1) To construct a leaching field or bed, which is prohibited by local amendment to 310 CMR 15.252.
After a brief discussion with owner, Nick Boynton, and designer, Russ Wilson, a motion was made to grant the variance as requested. The motion passed 3-0.
40 ByPass Road In August, the property owner presented staff with a proposal to add rooms to the existing house. Staff advised the owner that the proposed renovations would exceed the 330-gpd carrying capacity of the system. The replacement system being proposed would have a carrying capacity of 770 gpd. (i.e. 7 bedrooms). The petitioner is asking the Board to grant two variances from its 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 field or bed, which is prohibited by local amendment to 310 CMR 15.252.
After a brief discussion with designer Bill Murphy, designer, who said that although there is no way this is within 100 feet of the wetlands buffer zone, he would talk with Tom Gumbart in the Conservation Dept. A motion was made to grant the variances as requested provided that a deed restriction is filed, which prohibits the installation of a garbage grinder. The motion passed 3-0.
Windriver Environmental Ken Huru, Paul Gillette and two employees came before the members to appeal the letter to revoke their permit to construct, upgrade, repair or replace any on-site subsurface sewage disposal systems or system components in the Town of Lincoln. The latest problem occurred on Oct. 5, 2006 when a d-box was being installed but no crushed stone was placed under the box. Windriver was informed but they only put crushed stone around the box and not under it. A third inspection was made before it was corrected. Windriver had received a 90-day suspension in 2003.
Mr. Huru said that Windriver is the largest septic company in the area and because of large volumes sometimes there is a lack of judgment or execution issues but felt that another 90-day suspension would not help. He proposed that Windriver put in a system of checks and balances. Paul Gillette would check work on Title 5 inspections and repair people and Mr. Huru would be the contact person to call any time there were any problems. After a brief discussion, a motion was made to put Windriver on a 6-month probationary period. The motion passed 3-0. Mike will suspend current license, which expires 12/31/06 and reissue one with a 12/31/07 expiration date with conditions based on Board of Health discussions.
Other Business:
Lexington Road Cemetery The members reviewed a memo sent to Susan Brooks from Mike regarding the Lincoln Cemetery expansion.
Flu Clinic The refrigerator at the school which housed the 80 doses of flu vaccine for the flu clinic is old and dropped in temperature. Maureen Richichi called the manufacturer who said that, to be on the safe side, the 80 doses would need to be destroyed. The State came through with the additional 210 doses so the flu clinic can still be held on
Nov. 18. The board has agreed to pay for a new refrigerator for the school, which will be used to hold only medications and will have a lock on it. The cost should be approximately $350.
Flu and Pandemic Preparedness Dr. Weinberg is working on a report for the newspaper outlining what citizens can do to prepare and protect themselves from various types of flu.
Bills Paid 2 bills were paid Moore Medical for flu clinic supplies in the amount of $89.98 and Commonwealth of Mass., Mosquito Control for 2nd quarter in the amount of $2,500.00.
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There being no further business, the meeting was adjourned at 9:50 p.m.
Respectfully submitted,
Elaine M. Carroll
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