Town of Concord
Board of Health
Minutes of the Meeting
Tuesday, October 21, 2008
PRESENT: Ann M. Snow, Chairperson
David J. Burgess
John M. Henderson
Dr. Susannah Bedell
Brent L. Reagor, Public Health Director
Karen M. Byrne, Administrative Assistant
OTHERS: Judith Quanrud, FINCOM, 36 Rollingwood Lane; Chris Ridick, 57 Lincoln Road, Lincoln, MA
1. MINUTES & BOARD CALENDAR
The Board discussed the minutes from the meeting on September 16, 2008. Dr. Bedell moved to approve the minutes as submitted. Jack Henderson seconded it. All VOTED in favor.
The Board reviewed the calendar for the November and confirmed the meeting date of November 18th for the next meeting.
2. CHAIRMAN’S REPORT & REPORTS FROM OTHER BOARD MEMBERS
Ann Snow briefed the Board on the monthly Chair Breakfast that she attended. She provided members with a copy of the Board of Selectmen’s Goals and Objectives for FY2009. She said that they had asked individual chairs to review these objectives with their respective Boards and Committees each month to ensure that everyone remains on the same page as it relates to fiscal matters.
3. REPORT FROM THE PUBLIC HEALTH DIRECTOR
The Public Health Director (PHD) presented the Board with his monthly update outlining the activities undertaken by the Health Department since last meeting.
Interns
The PHD informed the Board that the Health Department would be hosting two interns from the BU School of Public Health this semester. Whitney Wheeler will be working to develop a risk-based food inspection program according to FDA guidelines and Joy Rosenblatt will be analyzing available and relevant cancer incidence data for Concord, correlating the data with risk factor information, and developing an education and outreach strategy.
Home Heating Outreach
A new program called “Concord Cares” was discussed at the October 6th Selectmen’s meeting that Mr. Reagor attended. The Public Health Director advised the Board that a comprehensive approach by governmental and non-governmental agencies, including the Health Department, Fire Department, Council on Aging and the Community Services Coordinator was being created in an effort to deal with the projected increases in home heating costs this winter. An email address concordcares@concordma.gov has
been created so that members of the community who need to reach out for support, but may be unsure who to contact within local government. The email will go directly to the departments noted above so that the appropriate contacts can be made to assist.
Emerson Mass Decontamination Unit Drill
The Health Department inspectors will participate in a Decon-Unit drill at Emerson Hospital on 10/23/08. Mr. Reagor said that staff would be working with the Community Emergency Response Team (CERT) and the Medical Reserve Corps (MRC) to operate a simulated Victim Reception Center to support those individuals who need decontamination but are not admitted to the Hospital.
4. PUBLIC HEARING – ONSITE SEWAGE DISPOSAL SYSTEM
33 West Circle – Request for Local Upgrade Approval & Local Variance
The Board heard a request from Brent Reagor, Public Health Director, on behalf of Jeff Perley, system designer for his clients Millan Galland and Elizabeth Igelheart, owners to replace the onsite sewage disposal system for this property.
The applicant asked the Board to grant a local upgrade approval in accordance with 310 CMR 15.402 through 15.405:
Local Upgrade Approval
- To construct a leaching field 15 feet from a cellar wall, instead of 20 feet in accordance with 310 CMR 15.211(1).
Local Variance
- To construct a leaching field 50 feet from a wetland resource area, instead of 75 feet in accordance with Local Board of Health Regulations CBHR 3.00.
This system was inspected by Acton Concord Septic, Inc. on June 20, 2008 and was found to be in hydraulic failure. Soil testing was conducted in July and a replacement system was designed by Jeff Perley, PE. Due to some severe site restrictions and area limitations, this proposed system requires the above noted variances as well as Natural Resources Approval. Karen Byrne noted that the NRC had reviewed the plan and submitted a copy of the Order of Conditions for the property.
Following a brief discussion, Jack Henderson moved to GRANT the local upgrade approval in accordance with 310 CMR 15.211(1) and the local variance in accordance with Local Board of Health Regulations CBHR 3.00 as submitted. David Burgess seconded it. All VOTED in favor.
Lot #2 Academy Lane (f/k/a 68 Sudbury Road) – Request for Local Upgrade Approval
The Board heard a request from Chris Ridick, owner to replace the onsite sewage disposal system for this property. Mr. Ridick asked the Board to grant a local upgrade approval in accordance with 310 CMR 15.402 through 15.405:
Local Upgrade Approval
- To locate a reserve leaching trench 8 feet from a garage slab foundation, instead of 10 feet in accordance with 310 CMR 15.211(1).
Mr. Reagor explained that the applicant purchased 68 Sudbury Road and subsequently subdivided it into two 10,000 square foot building lots. The original house is currently connected to the municipal sewer, but due to capacity issues, the new house is unable to connect at this time. The PHD said that Title V allows onsite sewage disposal systems to be constructed in areas served by town sewer when a connection is not feasible.
The system for the proposed 4-bedroom dwelling is located in the rear of the property and due to lot constraints the system designer was unable to meet the requirements for one of the reserve area trenches. He said that Title V allows the Board to grant Local Upgrade Approvals for new construction for setback reductions to property lines, cellar walls, swimming pools, and slab foundations under 310 CMR 15.412(4). He also noted that the plan is currently under review by Stan Sosnicki for compliance with all other applicable sections of the local and state codes.
If the Board chose to grant the local upgrade approval, Mr. Reagor said he would recommend that the Board bound the applicant by agreement that the property be connected to town sewer within 90 days it became available.
Several Board members had concerns about requiring a property owner to connect to municipal sewer if the existing onsite wastewater system was functioning properly. For example, David Burgess said that if sewer became available next year, it didn’t seem appropriate to require the expense of a sewer connection after just installing a new septic system. Following a discussion, the consensus of the Board was that the approval of the local upgrade approval should not be contingent upon connection to town sewer.
David Burgess moved that the Board GRANT a Local Upgrade Approval to locate a reserve leaching trench 8 feet from a garage slab foundation, instead of 10 feet as required by Title V. Jack Henderson seconded it. All VOTED in favor.
5. Onsite Sewage Disposal System Regulations (CBHR 3.00)
In September, the Board directed the Public Health Director to send his revised onsite sewage disposal regulations to DEP, local system designers and engineers and any other possible affected parties for comments prior to its taking a vote for a public hearing in November. Mr. Reagor said that he received one comment back from ABC Cesspool Co., Inc., and attached it for the Board’s review.
Board members had no additional comments on the revised document.
Jack Henderson moved that the Board hold a public hearing on November 18, 2008 on the revised Onsite Sewage Disposal System Regulations (CBHR 3.00). David Burgess seconded it. All VOTED in favor.
Notice of the public hearing will be posted in the Concord Journal on 11/6 & 11/13 to notify interested parties.
6. Septic Betterment Loan Program
Preliminary Approval for Betterment Liens
Karen Byrne processed a loan application for the following property in September. Stanley Sosnicki, Environmental Health Inspector reviewed the failed certification letter from Bill Murphy, PureGround, Inc., and confirmed that the system was in failure:
- 17 Tanglewood Drive ($11,000) – Abrams
David Burgess moved that the Board VOTE to find the onsite sewage disposal system on the above listed property to be a public health nuisance per MGL, CH 111, s., 127 B & 127 B1/2 and to authorize the initial betterment lien assessment not to exceed $11,000 to be filed at the Registry of Deeds. Jack Henderson seconded it. All VOTED in favor.
The hearing portion of Board of Health meeting adjourned at 7:30 to join the Healthy Eating Active Lifestyles seminar in the first floor meeting room at 141 Keyes Road. Dr. Susanna Bedell, Concord BOH, and Debra Stark, Debra’s Natural Gourmet were the featured speakers.
The Healthy Eating Active Lifestyles seminar adjourned at approximately 9:00 p.m.
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