Lincoln Board of Health
Meeting Minutes
February 7, 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 January 3, 2007 meeting were approved as written. The next two meetings are scheduled for March 7 and April 4.
Septic System Reviews:
80 Trapelo Road This petition contains a new request for the Board s consideration: one test hold instead of two. State regulations and local policies have traditionally held “new” construction on vacant lots to a slightly higher standard than repairs of existing systems. New construction is required to have 2 perc tests and deep holes for each leaching area, while repairs of failed systems have been held to the 1 perc/1deep hole rule of thumb. This is often due to practical matters because digging up an existing leaching field to run a perc test is messy, and most property owners with landscaped yards prefer having a backhoe dig as few holes as possible. When Title 5 was rewritten in March of 2006, the local upgrade approval option for one deep hole was added. In
accordance with that amendment, Stan Sosnicki is of the opinion that the single deep hole “adequately” characterizes the soils for the purpose of designing the soil absorption system. The petitioner is asking the Board to grant one local upgrade approval from Title 5 and two variances from its local regulation:
(1) To design a replacement septic system with one deep observation test hole, instead of two as required by 310 CMR 15.102(2).
(2) To construct a leaching bed or field, which is prohibited by local amendment to 310 CMR 15.252(1).
(3) To construct leaching lines that are 60 feet long, instead of no longer than 50 feet as required by local amendment to 310 CMR 15.251(1)(a).
Bill Murphy, Septic Designer, told the members that this was an old house with beautiful old big trees and that he was trying to stay away from their roots and did not want to tear up the property. The system is big because they presently have a garbage grinder and did not want to give it up. After a brief discussion, a motion was made and seconded to grant the local upgrade approval from title 5 and 2 variances as requested. The motion passed 3-0.
22 Old Cambridge Turnpike The existing septic system is a cesspool near the wetland. The proposed system would move the leaching facility 100 feet away from the wetland, but requires a stream-crossing permit from the Conservation Commission. The designer has met with Tom Gumbart to obtain the necessary approvals from ConCom, and Bill Murphy has been asked for some modifications to the plan. The petitioner is asking the Board to grant three variances from its local regulation:
(1) Septic tank, pump chamber, building sewer, and approximately 150 feet of force main is less than 100 feet from a wetland, which is prohibited by local amendment to 310 CMR 15.211(1).
(2) To construct a leaching bed or field, which is prohibited by local amendment to 310 CMR 15.252(1).
(3) To construct leaching lines that are 60 feet long, instead of no longer than 50 feet as required by local amendment to 310 CMR 15.251(1)(a).
The owners, Mr. and Mrs. Konstandakis, and Bill Murphy, System Designer, told the members that the ConCom has approved the use of a 2” force main with a 4” PVC sleeve and pump underground less than 100 feet from the wetland. The present cesspool is only 15 feet from the wetland and the new leaching field would be almost 100 feet away. If the force main breaks, it will go into the 4” PVC sleeve and back to the pump chamber. David Segal, an abutter, tried to get a neighbor across the street to sell some property for leaching fields but he refused. He also knows that he will have the same problem on his property in the future and sees no problem with the solution that Bill Murphy has come up with. After a brief discussion, a motion was made and seconded to grant the three
variances as requested. The motion passed 3-0.
16 Tabor Hill Road The proposed design of the system would tuck the leaching facility into a hillside in such a way that the mound would not be too noticeable. Mr. Schofield proposes to use the Presby pipes in the leaching area. 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 bed or field, which is prohibited by local amendment to 310 CMR 15.252(1).
Owner, Loretta Arthur, and David Schofield, Septic Designer, said that this was going from a 3-bedroom system to a 5-bedroom system but there are no plans at this time for expansion. The system is 45 years old and on borrowed time. Mr. Schofield felt that he could possible move the septic tanks and pump chamber higher up on the slope, which consists of mostly brush and weeds. After a brief discussion, a motion was made and seconded to grant the two variances as requested, provided that a deed restriction that prohibits garbage grinders is filed at the Registry of Deeds. The motion passed 3-0.
24-26 Lewis Street This commercial property is on the market, and the owner wants to provide potential buyers with the largest septic system possible for possible development. The existing septic system is small and straddles the property line. Stan reviewed the building files, and determined that the building has an existing sewage flow of 2,200 gpd. The 21,524 square foot parcel is located in a Zone 2 that limits new construction to 4 bedrooms per acre. Since the replacement system is not larger than the existing sewage flow, the design is not “new construction” and the designer is not limited to 2 bedrooms on this ½ acre lot. The replacement system has a 20-bedroom carrying capacity, which is no larger than what is there now. The petitioner is asking the
Board to grant one local upgrade approval from Title 5 and two variances from its local regulation:
(1) To construct a leaching facility 19 feet away from a cellar wall, instead of 20 feet as required by 310 CMR 15.211(1).
(2) 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)
(3) To construct a leaching bed or field, which is prohibited by local amendment to 310 CMR 15.252(1).
Robert McCart, owner, and David Schofield, Septic Designer, said that the property is not being divided. If the property were sold, it would be as 2 buildings with a shared septic. Mike Moore said that if they tried to sell the property as two separate buildings with a shared septic, it would create a large problem with DEP. The front building is 3 stories and the back building is 2 stories. Mike said that you couldn t put an addition on with a cesspool. It is what it is and can be used but cannot add on. There is no living space in the basement and the foundation is a stone wall with mortar. After a brief discussion, a motion was made and seconded to grant the local upgrade approval from Title 5 and two variances as requested provided that a deed restriction that prohibits garbage
grinders is filed at the Registry of Deeds. The motion passed 3-0.
Other Business:
Lincoln Cemetery Mike had a site visit with Manley Boyce, Cemetery Commission, and two gentlemen from the City of Cambridge to the site of the Lincoln Cemetery expansion. Manley will mark the road and after that Mike will be able to mark the grave sites. The trees will be left next to the water and further test holes will be done for the City of Cambridge. This will be on the agenda for the March 7 meeting.
39 North Great Road Nancy Nelson was unable to make the Feb. 7 meeting and will be put on the agenda for the March 7 meeting. The owners of 39 North Great Road will also be present with their lawyers.
School Dept. Buck Creel will be coming before the members on the March 7 meeting to discuss the septic system issue at the schools and to also discuss the school lunch program.
Bills Paid 3 bills were paid: Town of Lexington for haz. waste collection for Oct. and Nov. 2006 - $1,488.81; Comm. Of Mass., Mosquito Control 3rd quarter - $2,500; Eliot Community Human Services 2nd quarter - $1,250. Also the 1st quarter payment for $1,250 for Eliot Community Human Services was made on Nov. 13 but not recorded in the minutes.
Reports The members reviewed the list of communicable diseases for the month and a letter from the State regarding incorrect reporting of some cases. One lab was reporting positive tick results incorrectly interpreted as possible human Lyme cases.
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There being no further business, the meeting was adjourned at 9:10 p.m.
Respectfully submitted,
Elaine M. Carroll
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