Lincoln Board of Health
Meeting Minutes
January 3, 2007
PRESENT: Frederick Mansfield, M.D., Chairman
Diane Haessler, R.N.
Arnold Weinberg, M.D.
Michael Moore, Agent
Elaine Carroll, Secretary
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The minutes from the December 6, 2006 meeting were approved as written. The next meetings are scheduled for February 7 and March 7.
Septic System Reviews:
9 Oak Knoll Road This is a continuation of the hearing that was held on Dec. 6. WindRiver was contacted after the meeting and advised that the variances were rejected because no agent for the owner was present who could answer questions about the proposed design. The proposed leaching facility utilizes Presby plastic pipes, which are not approved for use with a garbage grinder. Therefore, the petitioner is asking the Board to grant two 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 bed or field, which is prohibited by local amendment to 310 CMR 15.252(1).
Diane Haessler said that an abutter to the property who could not be present voiced concerns about flooding from the new system. The designer William Murphy said that the new system should not be a problem for the abutters and should be an improvement to the neighborhood by getting rid of the cesspool and this is the only place to put it to accommodate the gravity-fed system. After a brief discussion, at which time Bill Murphy said that he would go back to the owner to see if a drywell can be put in to help any runoff, a motion was made and seconded to grant the variances as requested, provided that a deed restriction that prohibits garbage grinders is filed at the Registry of Deeds. The motion passed 3-0.
Informal Meeting:
Lincoln Cemetery, Lexington Road This is a preliminary meeting with representatives from the Cemetery Commission, Manley Boyce and Susan Brooks, to discuss what the Board will need in order to take a vote at a public hearing. An earlier memo dated 10/24/06 explained the process for cemetery approval. Susan Brooks has been unable to find evidence that the proposed location for the expansion was approved by an earlier Town Meeting, so it was agreed to begin the process for getting the approval required by law. When new cemeteries are constructed, or when old cemeteries are expanded into areas not previously appropriated, then the following procedures are followed:
(1) Notice is given “to all persons interested” about a Board of Health hearing. At the hearing, the Board votes to “approve in writing” the use of the land for burial. M.G.L. Ch. 114, s. 34
(2) If the land abuts a tributary to a surface water supply, then a “plan and description of the lands” is submitted to DEP to be “approved in writing”. M.G.L. Ch. 114, s. 35
(3) Once a proposal has written approval from the Board of Health and DEP (if needed) then it is forwarded to Town Meeting for “permission of the town” to use the land for burial. M.G.L. Ch. 114, s. 34.
The Cemetery Commission has permission to do the roadwork connected with this expansion. The wetland in the southeast corner of the parcel is part of a tributary system that drains into the Cambridge Reservoir. Because of this, almost 100% of the parcel is located within the 200-foot offset that Title 5 requires between septic systems and tributaries to a surface water supply. If DEP is asked to review the proposal, then it will probably ask for comments from the Cambridge Water Department. DEP requires comments from Cambridge for every variance the Board grants to construct septic systems close to tributaries, which lead to the Cambridge Reservoir but DEP will probably pass to Cambridge who will probably want a plot plan showing the expansion. Mike Moore told Susan that the next time the DPW has a
backhoe in the cemetery they should did some test holes to see how far down the groundwater is. Susan will alert Mike when a backhoe is available so that Mike and Peter Varga of the City of Cambridge can come by to witness these test holes. He also said that Susan should have the Conservation Department flag the wetlands and put markers on the plan where the soil tests were done. Susan said that only cremations are in the lower level. Mike said to get the stakes in the ground and he and Peter will come by to see soil tests then a public meeting can be set up. Susan would like to make the Feb. 7 meeting if things can move that fast. If Cambridge is happy then DEP will be happy. Manley will get the stakes up and notify Mike who will notify Peter and then Mike will publish a legal notice for the Feb. 7 meeting.
Other Business:
36 Beaver Pond Road Mike heard from Tim Higgins that he would not be seeking Town Counsel s advice regarding the deed restriction for Stephen Binder of 36 Beaver Pond Road. Because of this decision, the Board s decision on Nov. 8, 2006 requiring Mr. Binder to file a deed restriction limiting his property to 4 bedrooms would need to be filed using the standard deed restriction used by Lincoln and not the one modified by Mr. Binder. Mike will write to Mr. Binder informing him of this decision.
39 North Great Road The Board received a letter from Nancy Nelson of Minuteman National Park for a request for reconsideration of disposal system construction permit for Global Country of World Peace for a new construction at 39 North Great Road. Staff issued a permit for a 4-bedroom home with garbage disposal system and a four-bedroom deed restriction. Because there is a proposed 15-room house, Nancy Nelson felt that future owners could easily be able to increase the discharge to the septic system, thus risking overflow onto park lands and wetlands. According to Mike, all the appropriate steps were taken in issuing this septic system permit. Nancy Nelson will be at the Feb. 7 meeting to discuss this request with the members.
Bills Paid 3 bills were paid: Town of Lexington for haz. waste collection for Sept. 17 for $729.98, Lincoln Police Dept. for police detail at flu clinic for $211.28 and Moore Medical for $364.40 to replace the special refrigerator at the Lincoln Public Schools, which holds only medications including flu vaccine.
Flu Season Dr. Weinberg reported that influenza cases are showing up at the area hospitals. 20 cases have been reported in the last 3 weeks.
Reports The members reviewed the list of communicable diseases for the month and also reviewed and approved the Town Report prepared by Mike Moore.
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There being no further business, the meeting was adjourned at 9:00 p.m.
Respectfully submitted,
Elaine M. Carroll
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