Town of Middleton, Massachusetts
Board of Health
MINUTES OF THE MEETING
May 1, 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
Janet Boccelli Mathew Steinel
Chairman Ambrefe opened the meeting at 7:00 p.m.
Mr. Demeritt requested the following amendments be made to the BOH Meeting Minutes from March 6, 2013:
The last paragraph on page 2 should be changed to: The person(s) representing the local upgrade approval request for 259 Main Street did not attend the meeting.
In the second paragraph on page 3 MacDonald’s should be changed to: McDonald’s.
The second sentence in the third paragraph on page 3 should be changed to: In the draft, Mr. Demeritt stated the position would start on April 1, 2013 on a trail basis period.
The second sentence in the fourth paragraph on page 3 should be changed to: It was discussed whether or not the members of the Board could act as Health Agents and assist Mr. Fullerton in any way.
The third sentence in paragraph six on page 3 should read: The training will be held at Coco Keys water Park in Danvers.
Mr. Fullerton stated that he would work with the recording secretary to ensure the minutes are written correctly and in the proper tense.
MOTION: John Goodwin moved to accept the meeting minutes of March 6, 2013 as amended. George Demeritt seconded the motion. Motion carried 3-0.
21 FOREST STREET (MAP17 LPT 46R)
Ms. Renee Leonforte stated she is the owner of the property located at 21 Forest Street. Ms. Leonforte then presented the Board with a partial plan of her septic system done by Hayes Engineering and a drawing for an in-ground pool system she would like to install in her backyard.
Mr. Fullerton explained that Ms. Leonforte recently worked with the Building Commissioner to determine an area in her backyard where the pool could be placed without needing a variance from the Zoning Board of Appeals. Mrs. Leonforte’s pool company then designed a layout for the pool within that determined area. The design of the pool created a setback distance of five feet to the over-dig of the Soil Absorption System on her property. The setback distance is required to be twenty feet by Title V, and is the reason why she is present requesting the variance.
Mr. Fullerton told the Board that he scaled the area himself earlier that day. Mr. Fullerton determined the setback distance to be seven or eight feet from the edge of the five-foot over dig, and not actually the five feet being requested. Mr. Fullerton also explained that Title V measures the setback distance from the actual component itself and not from the over dig, which would actually make the setback distance about twelve feet. Mr. Fullerton added that it is still best not to disturb the over dig since there was mostly likely good sand used when the system was installed.
Mr. Goodwin then asked Mr. Fullerton what his recommendations would be in this case. Mr. Fullerton responded by telling the Board he has already instructed Ms. Leonforte that she will need to obtain an As-Built Survey if her variance is granted. Also Ms. Leonforte will need to install a poly mil liner and make certain her concrete decking does not extend over the five-foot over dig.
Ms. Leonforte then informed the Board that she has already made plans to have a surveyor stake off the leaching field so the pool installers will know its exact location. She also confirmed that a 40 mil poly liner will be installed, and her concrete decking will only extend out four feet, not onto the overdig area.
After brief discussion of the issue and the conditions, Mr. Demeritt asked for clarification between the setback distance being requested and the distance confirmed by Mr. Fullerton. Mr. LeBlanc explained to Mr. Demeritt that they will keep the variance distance at five feet, but it cannot be less than five feet from the five-foot over dig. Once the as-built plan is received, the exact setback distance will then be confirmed. Mr. LeBlanc also expressed to Mrs. Leonforte the importance of having an As-Built plan certified to determine the exact location of the pool in relation to the Soil Absorption System and that some minor excavating may be necessary.
MOTION: Mr. LeBlanc moved to accept the following local variance request for the property located at 21 Forest Street (Map 17 Lot 46R): (1) 310 CMR 15.211(1) reduction from Soil Absorption System (SAS) to proposed in ground pool from twenty feet (20.0’) to five feet (5.0’) with the following conditions set by the Board: 1. certified as-built plan is obtained; 2. a Poly Mil. liner is installed; and 3. the concrete decking may not extend over the five-foot over dig.
259 SOUTH MAIN STREET (MAP 33 LOT 20): LOCAL UPGRADE APPROVAL REQUESTS
Mr. Mathew Steinel of Millennium Engineering stated he is representing the property located at 259 Main Street the following local upgrade approval and variances for 259 Main Street: (1) 310 CMR 15.405 1(B) to increase the maximum allowable depth of a system component from 36” to 51”; (2) 310 CMR 15.405.1 (H) to reduce the required four foot (4.0’) separation between the bottom of the soil absorption system and high groundwater elevation to three and a half feet (3.5’).
Mr. acknowledged that he was scheduled to appear at the March meeting and apologized to the Board for not attending. 5.1.13 Board of Health Minutes Page 3
Mr. Steinel explained that 259 South Main Street is a commercial property housing three businesses. The septic system is located in the front of the building under the paved parking lot and has had surcharging over the past year. Recent excavation of Distribution Box revealed the system to be in complete hydraulic failure. Soil testing was performed in March 2012 and very fine sand was found with a perc rate of 3 minutes per inch. The condition of the tank was unable to be certified because it was too dark; however, it will be replaced since it was installed at the same time as the current system
Mr. Steinel presented to the Board the proposed upgrades to the existing septic system and reasons for the requested variances. The proposed upgrades include installing a 4,000 gallon, two-compartment septic tank which empties into a 2,000 gallon chamber system, a Presby Environmental System treatment field, and an under drain relief manhole system to drain the system if maintenance is required. Not knowing the exact elevation of the plumbing coming from the building, as it is under pavement, they will be placing the new tank at or below the level of the existing tank. For this reason, they are requesting an increase of the maximum allowable depth from 36’ to 51’. The system is also designed with H-20 traffic loading to accommodate the weight of traffic above the treatment field. In order to meet the H-20
requirements, a six-inch reduction to the water table is also being requested. The reduction will be used to install proper backfill over the treatment field, which will help distribute the weight of the traffic.
Mr. LeBlanc asked Mr. Fullerton for his recommendations. Mr. Fullerton stated he is pleased with design of the proposed Presby System, and believes it is a suitable option for the upgrade.
Mr. Steinel answered the Boards questions regarding the under drain system with associated manhole. Mr. Steinel added that the manholes are cast iron and to grade, as well as the manhole for the existing grease trap on the property. Mr. Steinel explained that the grease trap is fairly new so it does not need to be replaced and will connect to the plumbing of the new system.
Mr. LeBlanc then asked if there was an As-Built plan for the grease trap to confirm the elevation of the plumbing coming out of the building. Mr. Fullerton stated he is not sure but will check the file.
MOTION: Mr. LeBlanc moved to accept the local upgrade approval requests for the property located at 259 South Main Street (Map 33 Lot 20): (1) 310 CMR 15.405 1(B) to increase the maximum allowable depth of a system component from 36” to 51”; (2) 310 CMR 15.405.1 (H) to reduce the required four foot (4.0’) separation between the bottom of the soil absorption system and high groundwater elevation to three and a half feet (3.5’). Mr. Greenfield seconded the motion. Motion carried 3-0.
76 LAKE STREET (MAP 24 LOT 74): LOCAL UPGRADE APPROVAL REQUESTS
Mr. LeBlanc excused himself from participating in the motion, as he has previously performed survey work at 76 Lake Street.
Mr. Chairman read the following local upgrade and variances being requested for the property located at 76 Lake Street:
310 CMR 15.405(1)(g) (1) reduction from Soil Absorption System (SAS) to from a surface water supply from four hundred feet (400’) to one hundred eighty six feet (186’).
310 CMR 15.405(1)(g) (1) to reduce the setback between the tanks and surface water supply from four hundred feet (400’) to one hundred sixty eight feet (168’).
310 CMR 15.405(1)(j) (1) to reduce the separation distance from inlet and outlet tees to high groundwater from the required twelve inches (12”0 to within six inches (6”).
MBOH Section 339-12(A) (1) to reduce the required design flow rate of the proposed system from the local 5.1.13 Board of Health Minutes Page 4
requirement of one hundred fifty (150) gpd/bedroom to the state requirement of one hundred ten (110) gpd/bedroom.
MBOH Section 339-8(C) (1) to reduce the required local setback from the SAS to a wetland from one hundred feet (100’) to fifty (50’).
Mr. Chairman then asked if all of the upgrades were maximum feasible compliance.
Mr. Issac Rowe, C.E. from Mill River Consulting responded to to Mr. Chairman stating they were requests related to maximum feasible compliance as designed. Mr. Rowe stated he is representing the property owners of 76 Lake Street and is requesting the local upgrades and variances to their current septic system. Mr. Rowe presented the Board with the plans of the newly designed septic system, which is old but still in working condition. The property owners are being proactive and would like to replace it before it goes into failure.
Soil testing was performed in November and witnessed by Mr. Fullerton. Since there is not a location on the property that is the required 400 feet from the water supply, testing was done as far from the reservoir as possible. The soil testing resulted in two failed perc tests. Additional testing of the C1 layer concluded that there was not 4 feet of natural curing soil on the property. Because of the condition of the soil and the close proximity of the water supply, a pre-treatment tank would be added to the system. Also included in the proposal are a new 2,000-gallon septic tank, a 1,500-gallon Waterloo Biofilter, and a Drip Dispersal Leaching Field. Mr. Rowe added that because they are requesting the setback be reduced to 186 feet to the reservoir, they will also need approval from the Town of Danvers who owns the water
Mr. Chairman asked Mr. Fullerton for his recommendations. Mr. Fullerton stated that the property meets the conditions for maximum feasible compliance with an alternative treatment system, and has no objections to any of the proposals.
Mr. Demeritt commended the property owners for being proactive and wanting to replace the system before it being necessary.
MOTION: Mr. Demeritt moved to accept the following local upgrade requests for the property located at 76 Lake Street (Map 24 Lot 74): 1) 310 CMR 15.405(1)(g) (1) Reduction from Soil Absorption System (SAS) to from a surface water supply from four hundred feet (400’) to one hundred eighty six feet (186’); 2) 310 CMR 15.405(1)(g) (1) To reduce the setback between the tanks and surface water supply from four hundred feet (400’) to one hundred sixty eight feet (168’); 3) 310 CMR 15.405(1)(j) (1) To reduce the separation distance from inlet and outlet tees to high groundwater from the required twelve inches (12”0 to within six inches (6”); 4) MBOH Section 339-12(A) (1) To reduce the required design flow rate of the proposed system from the local requirement of one hundred fifty (150)
gpd/bedroom to the state requirement of one hundred ten (110) gpd/bedroom; 5) MBOH Section 339-8(C) (1) To reduce the required local setback from the SAS to a wetland from one hundred feet (100’) to fifty (50’). Mr. Greenfield seconded the motion. Motion carried 2-0.
Mr. Chairman asked Mr. Rowe when construction would begin. Mr. Rowe responded the start date has not yet been determined, as they still need to appear before the Conservation Commission, as well as the Danvers Board of Health. Mr. Rowe thanked the Board for their approval.
LOT 7D-NORTH MAIN STREET (PLAN BOOK 297, PLAN 10)
Mrs. Janet Boccelli explained to the Board that she is the owner of 221 North Main Street, as well as the abutting property 7D North Main Street. Mrs. Boccelli stated that her and her husband have plans to sell their house located on 221 North Main Street and build a new one on their lot at 7D North Main Street. Mrs. Boccelli is representing herself as the homeowner in requesting the feasibility of installing a septic system they have had designed by Hancock Associates. The system as designed would only meet a 50 foot setback from the Soil Absorption System to the wetlands and not the 100 feet required by the Board of Health Regulation 339-8(C)(1)&(2); setback from SAS to wetlands. Hancock Associates sent a letter to Mr. Chairman explaining the situation and is asking for the Boards 5.1.13 Board of Health Minutes Page 5 guidance before continuing with their design. Mr. Chairman read the letter to the Board. Mr. Chairman then explained to Mrs. Boccelli that it is a Board policy that
they do not conduct business on feasibility, and cannot offer direction at this time. The Board would need a plan submitted prior to discussion and possible variance requests. Mrs. Boccelli stated they would go ahead with having the septic design completed to submit to the Board, and thanks the Board for their time.
ESSEX AGGIE / NORTH SHORE VOCATIONAL SCHOOL INVESTIGATION UPDATE
Mr. Fullerton stated the Department of Public Health is continuing an in depth investigations of the case in which some students from both schools have been affected with a neurological tic. Since a portion of the students involved in the case play sports at the East Street Ball Fields, the DPH has decided to investigate the Rubchinuk’s Landfill and conduct an indoor air quality test at both schools as part of the assessment. According to Mr. Fullerton, the DPH has recently visited his office to review the files of the landfill, and will conduct a site walk of the landfill next Monday.
SALVATION ARMY SERVICE EXTENSION / FUNDS AND SERVICES PROGRAM
Mr. Fullerton announced that the Middleton Health Department has become a service unit provider for a financial assistance program offered by the Salvation Army. The program will partner the Health Department and the Council of Aging to offer assistance to people with financial need in the community.
Mr. Fullerton told the Board that his request for a new vehicle is a warrant article for the next Town Meeting, if they would like to attend. The meeting will be held on May 14th, 2013, at the Howe Manning School.
MOSQUITO SEASON 2013
Mr. Fullerton and Chairman Ambrefe will attend the Northeast Mosquito Control Association’s annual meeting on May 9th, 2013. An update will be given at the next Board of Health meeting in July.
POOL, CAMP, BATHING BEACH SEASON 2013
Mr. Fullerton announced he is administering the permitting of public and semi public pools, camps, and bathing beach for the 2013 season. Also, a new sign will be placed at Thunder Bridge Beach regarding the bacteria-testing season as the previous once was removed unknowingly.
Mr. Fullerton announced that the Middleton Health Department has received a $500 Sun Awareness Grant through the Department of Public Health. The Health Department will partner with the Wilmington Health Department and use the grant to provide regional sun awareness education. 5.1.13 Board of Health Minutes Page 6
The next Regular Board of Health Meeting will be held on July 10, 2013 at 7 p.m. in the Flint Public Library Meeting Room.
MOTION: There being no further business, Mr. Goodwin moved to adjourn the meeting. Mr. Demeritt seconded the motion. Motion carried 3-0.