Lincoln Board of Health
Meeting Minutes
March 12, 2008
PRESENT: Frederick Mansfield, M.D., Chairman
Arnold Weinberg, M.D.
Stan Sosnicki, Environmental Health Inspector
Elaine Carroll, Secretary
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The meeting was called to order at 7:30 p.m. The minutes from the January 9, 2008 meeting were approved as written. The next meetings are scheduled for April 2 and May 7, 2008.
Septic System Review:
34 Cambridge Turnpike – The owners, Dan and Janet Boynton, and Bill Murphy, Septic Designer, came before the members to request four variances from the local regulations to allow for the reconstruction of a failed septic system. The requests are as follows:
1) To locate a sewer line, septic tank, pump chamber, force main and leach field within 100’ of a wetland and/or water course, which is prohibited by local amendment to 310 CMR 15.211.
2) To construct a leaching bed or field instead of leaching trenches, which is prohibited by local amendment to 310 CMR 15.252.
3) To construct a leaching facility with 6” of stone in the leaching bed instead of 12” as required by local amendment to 310 CMR 15.247.
4) 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.
The owners came home to find that their cesspool had collapsed and left a big hole in their front yard. Construction at the property is confined by wetlands on the southwest side of the house and bedrock ledge on the southeast side of the house. The members asked if the location of the tank could be moved so that it would be outside the 50 foot buffer. It was agreed that the tank would be moved and Mr. Murphy will revise the plan to reflect the new location. After a brief discussion, a motion was made to grant the local variances as requested, provided that the owner files a deed restriction that prohibits the installation of a garbage grinder. The motion passed 2-0.
14 Hilliard Road – The owner’s son, Mr. Hester, and Dave Crispin, Septic Designer, came before the members to request one variance from the local regulations, two Title 5 local upgrade approvals, and one Title 5 remedial use approval to allow for the reconstruction of a failed onsite septic system. The requests are as follows:
1) To locate a soil absorption system less than 10’ from a street right of way line.
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.
3) Installation of a Presby Enviro-Septic system in lieu of a conventional soil absorption system,
which allows for a 40% reduction in required SAS sizing.
4) To construct a leaching facility less than one hundred (100’) feet from a private well.
Mr. Crispin said that this was one of the most challenging sites he has ever seen. Construction at the property is limited by the shallow depth to groundwater and the steep slopes surrounding the house. The Presby system provides additional treatment of the septic tank effluent above and beyond the treatment provided by a conventional soil absorption system. Hilliard Road is a private way and the property extends to the midpoint of the right of way. After a brief discussion, a motion was made to grant the local variances as requested, provided that the owner files a deed restriction that prohibits the installation of a garbage grinder and the owner will need to test the well before the system goes in as part of the condition of approval. The motion passed 2-0.
10 Tower Road – The owner, Andrew Egendorf, Doug Adams, Architect, and Dave Schofield, Septic Designer, came before the members to request one variance from the local regulations and one variance to Title 5 to allow for the construction of a new onsite septic system to accommodate a proposed expansion of the house at this address to 9 bedrooms. The subject property is 6.9 acres and is located at the top of a drumlin. Mr. Adams said that when the land was subdivided 4 of the lots created did not perc. The owner retained up to 10,000 feet of common area to build a septic system, if needed, under an easement with the Lincoln Land Conservation Trust (LLCT). All of the surrounding area failed at the 30 minute percolation rate. The 7 bedroom system serving the house is functioning well
and has been there for 20 years. Mr. Schofield said that they had gone through a dozen or so designs before coming up with the one presented. He said some of the perc. rates were 70 to 150 min. per inch, which had been done about 20 years ago. Stan Sosnicki said that the soil hasn’t changed so the perc. rate should be about the same. The addition has been approved by the Planning Board. Paul Giese, 32 Tower Road, said that 20-30 years ago neighbors contributed with the then owner to raise 100,000 to buy the land with LLCT. There was a verbal discussion that the land would be used for emergency hardship and he doesn’t feel that the construction of an addition to bring the total bedroom count to 9 is a hardship. He said that it was suggested in a Planning Board meeting that if he would limit the bedroom count to 7 by renaming two of the rooms, the 7 bedroom septic system would be adequate. Doug Adams pointed out that the deed
says nothing about emergency use only. Jim Meadors read a letter from the Conservation Commission opposing the conversion of conservation land to uses which would reduce the conservation or recreational value of the land. He said that it is not sufficient to rely on very old records and test pits done under different rules and procedures. He also said that the cutting down of trees would open up the land to sun, which would encourage the growth of invasive plants to the area and could do away with the wildlife. Mr. Schofield said that the perc. tests are done the same now as they were before and no one was better than 70 minutes. 3 out of 3 test holes on LLCT land tested good. Steve and Sara Brown of 24 Tower Road said that they use the trail easement all the time and their children use it almost daily and didn’t want the area to become another Pierce Park. Dr. Weinberg was wondering how much damage would be done to this area by
putting the system on it and how much clearing would be necessary. Buzz Constable of the LLCT said that the clearing would be visible and also felt that there had not been an effort to update the perc. tests or look into an alternative system to replace the existing system. He worried about the steep slope and effluent coming off the hill. Stan Sosnicki said that this would not be a problem and said that he does not think that the language in the deed will be sufficient enough for DEP and does not address any problems or maintenance, which could arise. Buzz said that it has to fit within the 10,000 feet and acknowledged that they have the right. Stan said that if you provide this language to DEP, they would say that it was not good enough. Dr. Weinberg asked if there is any reason why one would go back and revisit the site to dig more holes or look at new technologies. Stan said that the data is not really going to change. After
further discussion, Dr. Mansfield made a motion that Mr. Egendorf has the legal right to use this easement and made a motion to approve the variance to allow for the construction of a septic system on a separate lot from the structure which it serves. The motion passed 2-0.
18 Old Cambridge Turnpike – Diana Smith, Realtor representing the seller, and Bill Murphy, Septic Designer, came before the members to request 4 variances from the local regulations to allow for the reconstruction of a failed onsite septic system. The requests are as follows:
1) To locate a sewer line, septic tank, pump chamber, force main and leach field within 100’ of a wetland and/or water course, which is prohibited by local amendment to 310 CMR 15.211.
2) To construct a leaching bed or field instead of leaching trenches, which is prohibited by local amendment to 310 CMR 15.252.
3) To construct a leaching facility with 6” of stone in the leaching bed instead of 12” as required by local amendment to 310 CMR 15.247.
4) 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.
Bill Murphy said that this was a long narrow lot with ledge. Construction at the property is confined by wetlands that bisect the lot and unsuitable material in the area near the house. Mr. Murphy said that an abutter is concerned with tree loss and a big tree behind the barn will have to come down but that the seller does not want to remove the barn as it could be a selling point. After a brief discussion, a motion was made to grant the local variances as requested, provided that the owner files a deed restriction that prohibits the installation of a garbage grinder. The motion passed 2-0. Diana Smith said that a deed restriction has already been done.
Other Business:
Bills Paid – Four bills paid as follows: Town of Lexington for the Nov. 2007 Hazardous Waste Collection in the amount of $548.66, Eliot Community Human Services in the amount of $1,250 (second quarter) and two to the Commonwealth of Massachusetts, Mosquito Control in amounts of $2,500 each for the third and fourth quarter payments.
Communicable Disease Reports – The members reviewed the communicable disease reports for the last 2 months.
New Contract with Concord – Stan Sosnicki gave the members an update on the contract negotiations between Concord and Lincoln and said that there were additional aspects which needed to be addressed. These included the needs of Lincoln were growing and also the need for emergency preparedness. He also said that they were setting up a base office in Lincoln so that all the licensing will come out of the Lincoln Office and he would come here to do the inspections. They are working on the camp packages and should have them out in the next few weeks. The members felt that there should be some sort of public notice put in the paper to remind anyone wishing to run a camp in Lincoln that they will need to have all their information in on a timely basis including the necessary CORI reports.
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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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