Town of Middleton, Massachusetts
Board of Health
MINUTES OF THE MEETING
March 6, 2013
The Middleton Board of Health held a public meeting on March 6, 2013 at the Fuller Meadow School (Media Room) 143 South Main Street, Middleton, Massachusetts at 7:00 p.m.
Board Members Present:
Robert Ambrefe, Chair
Derek Fullerton, Public Health Director
Stacey Haynes, Recording secretary
Scott Cameron, P.E.
Chairman Ambrefe opened the meeting at 7:00 p.m.
MOTION: John Goodwin moved to accept the meeting minutes of January 9, 2013 as written. George Demeritt seconded the motion. Motion carried 3-0.
LOCAL UPGRADE APPROVAL REQUESTS FOR 22 SOUTH MAIN: Emergency Upgrade (Surface Breakout)
Mr. Fullerton stated that the local upgrade approval and variance requests for 22 South Main Street (Map 25, Lot 75) have been updated from the agenda. The correct upgrades and variance request are noted on the design plan (included in this record), and are as follows:
310 CMR 15.211(1): Reduction from Soil Absorption System (SAS) to property line from 10 feet to 5 feet.
310 CMR 15.211(1): Reduction from SAS to foundation from 20 feet to 5.9 feet.
310 CMR 15.211(1): Septic Tank to property line from 10 feet to 9.4 feet.
310 CMR 15.405 1 (i): To allow the use of a Sieve Test in place of a Perc. Test. 3.6.13 Board of Health Minutes Page 2
Middleton Board of Health Regulation, Section 339.8 (c): Reduction of setback to wetland from 100 feet to 51.6 feet.
Mr. Scott Cameron, a Professional Civil Engineer from The Neve-Morin Group, Inc., is requesting the variances for a four-unit apartment unit located at 22 South Main Street. Mr. Cameron began his presentation stating a side lot line setback variance is also being requested, and presents the Board with some additional documents that were not obtained prior to tonight’s meeting. Due to the expedited nature of the request in relation to the failure of the existing system contributing to surface breakout, the Conservation Commission granted an Emergency Certificate of Compliance the prior evening. The Certificate will be valid for 30 days of the construction start date.
Mr. Cameron gave details of 22 South Main Street and the reasons for the five local upgrade and variance requests to the Board. Mr. Cameron explained the property is a four-unit apartment with a total of 12 rooms. They have filed the property as a four-bedroom facility with a respective deed restriction.
The property is a small lot having 9,700 feet. The facility is served by two cesspools located at the rear of the property, which are within the ground water table, so it is in desperate need of repair. There are also wetlands located at the back of the property as well as an unnamed stream. Perc. testing was unable to be performed due to saturated soils and is the reason for the Sieve Test analysis and approval request.
Since there is no way to fit a conventional leaching field on the small lot, a Presby Environmental System has been designed and will be located as far away from the wetlands as possible. Additionally, a 2,000 gallon two- compartment Septic Tank will be added to service the four units.
Mr. Chairman asked how the landlord will enforce that the units will only be one bedroom. Mr. Fullerton explained that the units are small and a four bedroom deed restriction would make it illegal to make each unit more than one bedroom.
At this time, Mr. Fullerton provided a brief background of the property and his recommendations. Mr. Fullerton they are repairing a compromised system. Mr. Fullerton believes that requests for maximum feasible compliance are reasonable and supported the request for them.
Mr. Greenfield asked if there were any other alternative systems that could be considered by the Board. Mr. Cameron gave explanations on why the Presby System designed is the best choice for this plan. Mr. Chairman added that there are other systems to consider in order to reduce the number of variances, but the cost would be increased significantly.
Mr. Chairman added that the pumping of the two cesspools should be done on a regular basis, and be made a condition of the motion. After short discussion, it is agreed that the pumping shall be done every two weeks and records be forwarded to the Health Department.
MOTION: Mr. Demeritt moved to accept the following local upgrade approvals and variance for 22 South Main Street (Map 25, Lot 75) 310 CMR 15.211(1): (1) Reduction from Soil Absorption System (SAS) to property line from 10 feet to 5 feet; (2) 310 CMR 15.211(1): Reduction from SAS to foundation from 20 feet to 5.9 feet; (3) 310 CMR 15.211 Septic Tank to property line from 10 feet to 9.4 feet; (4) 310 CMR 15.405 1 (i): To allow the use of a Sieve Test in place of a Perc. Test; (5) Middleton Board of Health Regulation, Section 339.8 (c): Reduction of setback to wetland from 100 feet to 51.6 3.6.13 Board of Health Minutes Page 3
feet with the condition that the pump records be forwarded to the Health Department every two weeks. Mr. Goodwin seconded the motion. Motion carried 3-0.
LOCAL UPGRADE APPROVAL REQUEST FOR 259 SOUTH MAIN STREET
The person(s) representing the local upgrade approval request for 259 South Main Street did not attend the meeting. Mr. Fullerton states that the request will therefore be added to the agenda of the next Regular Board meeting in May.
Mr. Chairman instructed the Board that if any of the Board members have not yet completed the mandatory conflict of interest training, and received their certificate, to please do so.
Mr. Chairman asked Mr. Fullerton if there is any update on the odor issue at the McDonalds. Mr. Fullerton states he has not received any recent update.
BOARD OF HEALTH OMBUDSMAN DRAFT BY GEORGE DEMERITT
Mr. Chairman thanked Mr. Demeritt for doing a great job drafting the ombudsmen position that he initiated. In the draft, Mr. Demeritt states the position will start on April 1, 2013 on a trial basis period. At the end of the trial period, the Board will then discuss if a permanent position would be needed.
Mr. Fullerton and the BOH members discussed who would be eligible for the position, and the tasks that could be delegated by Mr. Fullerton. It was discussed whether or not the members of the Board could act as Health Agents and assist Mr. Fullerton in any way. Mr. Fullerton states he will look into the Public Health Law for the Board to see what duties they are able to perform. Mr. Fullerton thanked the Board for creating the position, and appreciates their support very much.
ESSEX AGGIE/NORTH SHORE VOCATIONAL SCHOOL INVESTIGATION UPDATE
Mr. Fullerton stated there was an informational meeting held regarding the public health issue being investigated at the two schools. Mr. Fullerton and Mr. Chairman both attended the meeting, which was held between the Department of Public Health and the parents of the students that are involved. The details of the meeting were discussed, including the steps the DPH plans to take in the investigation process. As a result of the meeting, Mr. Chairman believes the investigation will be a long process but the Board will continue to be involved.
iPAD TRAINING FOR PUBLIC HEALTH OFFICIALS
As a result of Mr. Fullerton’s MHOA iPad training in 2012, he has been asked to train in other regions across the state. Mr. Fullerton has organized a training for health officials on how to use an iPAD as a tool. The training will be held at Coco Keys Water Park/Double Tree Inn in Danvers. The training will be held on a day the water park is closed, as a behind the scenes and operations tour will be given in addition to the iPad training. 3.6.13 Board of Health Minutes Page 4
Mr. Fullerton announced that the Capital Budget meeting will be held on March 9, 2013, and the Town Administrator has added Mr. Fullerton’s request for a new vehicle to the warrant.
The next regular Board of Health meeting is scheduled for May 1, 2013.
MOTION: There being no further business, Mr. Goodwin moved to adjourn the meeting at 8:05 p.m. Mr. Demeritt seconded the motion. Motion carried 3-0.