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HomeMy WebLinkAboutCobblers Corner Subd.'39 LARCRIDGE LANE ASHLAND, MA. 01721 Board of Health Town of Mansfield C/O Scott Leite Town Hall - 50 West Street Mansfield, MA 02048 GAREN M. BRESNICK ATTORNEY AT LAW TELEPHONE: (508) 881- 6776 TELECOPIER (508) 881- 7210 October 5, 1995 RE: Septic Systems - Cobblers Corner Subdivision - Dear Board of Health Members: Pursuant to our recent meeting with the Board, it was made very clear that the Cobbler's Corner Subdivision comes under the "Old" Title 5 and the old regulations of the Mansfield Board of Health. We also made it very clear that Mr. Willis plans to upgrade the systems actually installed by him to approximate the new Title 5, where such upgrade will result in better more durable systems. However, the Board, properly, did not attempt to impose that requirement as a prerequisite to its action on the Sewer Waiver request. Consistent with that action, Mr. Willis has filed for tests and/or permits, and has been lead to believe that the filing and fees are to be based on a brand new schedule, related to the on site sewage disposal permit, passed long after the filing of the subdivision. I believe that this is contrary to our discussions concerning which code applies to this project, and expect that it can be resolved immediately. Very truly yours, t oy r Garen M. Bresnick, Esq. for Allen L. Willis, Jr. TOWN OF MANSFIELD, MASSACHUSETTS 50 West Street, Mansfield, MA 02048 15 Allen L. Willis, Jr. A. L. Willis Co., Inc. P.O. Box 748 Mansfield, MA 02048 Re: Septic Systems, Cobbler's Corner Subdivision Dear Mr. Willis: Please be advised that the Board of Health considered your request of October 5, 1995, per your attorney's letter. The motion and vote was as follows: "To deny the request that the fees for Cobbler's Comer be charged in accordance with the former Regulation of Fees. The Regulation of Fees is a totally different regulation, separate from Title 5. Fee structure can be amended at anytime." Martin/Fontanini. 4-0, All in favor. VOTED As we discussed this morning, a balance of S 1950.00 remains for site evaluations of 19 lots in the Cobbler's Corner Subdivision. The total fee for site evaluations on those lots is S 2850.00. On September 25, 1995, you submitted a check for $ 900 for site evaluations, thus arriving at the balance of $ 1950.00 to complete this phase of the project. The remaining lots are scheduled for site evaluation on October 24, prior to that date, the balance o1'S 1950.00 must be submitted. If I can be of further assistance, please do not hesitate to contact this office. Very truly yours, MANSFIELD BOARD OF HEALTH , j ',�,/"" Scott Leite, Health Agee idr TOWN OF MANSFIELD, MASSACHUSETTS 50 West Street, Mansfield, MA 02048 MEMO TO, Board of Health Scott Leite, Health Agent FROM: Engineering Department DATE- 6/1/94 SUBJECT: Review of Sewer for Cobbler's Corner Subdivision Your memo requests that we analyze the developer's sewer layout with respect to the Town's sewer masterplan. During the permitting process for the Lifecare Facility the sewer masterplan was revised for this area. The present design matches the sewer design for the Lifecare Facility and thus agrees with the masterplan. Your memo also requests us to identify any cost saving mea.sures which the developer could employ to make the sewer installation more economically feasible. The only cost savings measure that I can identify is to allow the developer to install the force main to Spring Street along the side of the road and then not require full width paving of Willow Street. The full width paving previously offered with the Lifecare Facility also included a gravity sewed in Willow Street to 'Flow from Spring Street back to the pump station. Since this gravity sewer will not be installed now there is no need for the full width paving. Possibly another developer may wish to install the gravity sewer at a later time or residents with failing septic systems could install it. File: 821 COBLRCNR TOWN OF MANSFIELD, MASSACHUSETTS 50 West Street, Mansfield, MA 02048 MEMORANDUM To: Bob Swanson, Town Enginee From: Scott Leite, Health Age Re: Cobbler's Corner Subdivision, Sewer Possiblity Date: May 12, 1994 The Board of Health requests that you review and comment on the attached plan for the proposed Cobbler's Comer Subdivision, off Willow Street, with respect to the following: 1. Application to the Sewer Master Plan. 2. Possible lower cost alternatives for sewering. The applicant, Mr. Willis, is anxious for a response from the BOH as this project relates to their Sewer Connection Regulation. Your response will be greatly appreciated. Thank you. TOWN OF MANSFIELD, MASSACHUSETTS 50 West Street, Mansfield, MA 02048 March 14, 1994 Allen L. Willis P.O. Box 748 Mansfield, MA 02048 Re: Cobbler's Corner Subdivision Dear Mr. Willis, I am in receipt of the Definitive Subdivision Plan for Cobbler's Corner, naming yourself as owner and applicant. Enclosed please find the Board of Health Sewer Connection Regulation. Article 2, Proposed Development and New Construction, requires that connection to common sewer be explored prior to granting permits for the construction of septic systems. If I can be of assistance, please do not hesitate to call. Very truly yours, ELD BOARD OF HEALTH Scat'- Leite Health Agent /dr d of Health Page 3, September 15, 1994 h. Title V: Revisions will take effect November loth. Will be available in State Book Store on September 24th. Agent will buy a copy then, if it is not sent to office from the State. 1. Data Base for Licenses: Hope to establish in the near future a data base for every department that issues licenses. Also, a geographical data base will be established to give various info about a log, i.e., square footage, depth to groundwater, on sewer or septic, # bedrooms, public water, etc. Eventually, I -net will connect every PC so that this info can be shared. j. Peres and Plans: Peres 34 and Plans 140. k. Vacation: Agent on vacation Sept. 19-23rd. Secretary will work later into the day and Inspector of Buildings will cover for septic inspections. 6. OLD BUSINESS a. Cobbler's Corner: No word from Mr. Willis, the developer, re: sewerline. b. Smoking Reg: Postponed, either October 6th or 20th. c. Postmortem Meeting --Water Emergency: Postponed, Nov. 3rd. Member Steele asked if the bacteria has been cleared up yet and if they know what caused it?. It fluctuates, Agent responded, but lately has been clear, and they do not know exactly what caused it. There are different theories, but it is very difficult to pinpoint. Could be watertable changes, geese droppings, adjacent swamp being pulled down. How many families have changed to bottled water? Secretary will contact Belmont and Simpson Springs. Member Steele wondered if septic systems caused the bacteria and strongly advocated for town sewer throughout Mansfield. 7. NEW BUSINESS a. Jameson Farm, Mill St.: Letter, Aug. 25, 1994, Hutchins -Trowbridge Associates, asked for a waiver of the Sewer Connection Regulation to allow on -site septic for to -lot subdivision off Mill St. Sewerline would have to be extended 900' and will only service 5 out of 10 lots by gravity. Because of the drop in grade, the remaining 5 lots would require a grinder pump. Cost approx. $97,000 ($9,700/lot vs. $4,000/lot septic). Board members discussed the mechanics of the sewer installation and cost, but felt that since the subdivision is in a water protection zone, it is beneficial to groundwater quality to sewer the lot. Board of Health Page 4, August 18,1994 Member Steele suggested that items in #3 could be free from agencies such as Norcap, AA, Southwood Community Hospital, etc. Training for police and fire had been mentioned between Ms. Farrugia and Mr. Leite. Board agreed to share with a small contribution in the cost of this training. J. Peres and Plans: Peres 29 and Plans 136. 6. OLD BUSINESS a. Cobbler's Corner: No word from Mr. Willis, the developer, re: sewerline. b. Smoking Reg: Member Sosman reported that Easton and Sharon will most like be adopting a reg more stringent than Mansfield. Charlotte Scozzafava, TGC Coordinator, sent a draft reg to Mansfield for their consideration. Some of the changes are: all restaurants smoke free, category of fines, prohibition of vending machines, tobacco retailers permit, Member Sosman again asked that members review the draft for discussion line -by-line at next meeting on September 15th. Also, town of Norton will be added to the group on a one-year trial basis. Commonwealth recommended a memo of agreement with Norton. Ms. Scozzafava is asking for a part-time compliance monitor and the addition of student assistance. Board agreed that the pay raises for Ms. Scozzafava and Sheila Miller, health educator, will be the average that the three towns are getting for FY95. 7. NEW BUSINESS - Nothing tonight. 8. ADJOURNMENT MOTION: To adjourn at 9:35 PM Fontanini/Forget. All in favor. VOTED Respectfully submitted, Dianne Royle, Recording Secretary NEXT MEETING: SEPTEMBER 15, 1994, TOWN HALL Board of Health Page 6, July 7, 1994 Agent read Town Manager's response to Board re: 4th of July weekend and the possiblity of the "boil order" continuing. Agent explained to Town Engineer why a dishwasher is safe to use during the boil order. If you need to boil water for 3-5 minutes to kill the bacteria, then pouring boiled water over dishes after they've been through the dishwasher cycle certainly could not be worthy of doing. The heat from the dishwasher dry cycle could be sufficient. c. Cobbler's Corner: If sewered, there would be a forced main to which no one could hook into. Agent told Mr. Willis's engineer, Ralph Maloon, that a different method of sewering exists that they might consider. Haven't heard back yet. Member Sosman asked if there were adjacent properties for future development. Agent replied that he did not think so. 7. NEW BUSINESS a. TB Threat: Member Steele asked if it would be prudent for Community Visiting Nurse Agency to test every resident in Mansfield for TB? Agent responded that he is unaware of a threat and that anyone who is required to have a TB test does go to CVNA. Mir-lvlffren-i[ 1,610-1ORNI MOTION: To adjourn at 10.00PM Sosman/Forget. All in favor. VOTED Respectfully submitted, Dianne Royle Recording Secretary NEXT MEETING: AUGUST 4, 1994 TOWN HALL Board of Health Page 39 June 291994 1. Approval of Pushcart Permits: FanFare, Inc. (12) m. Approval of Temporary Food Service Permit: Sunoco, June 9-1lth MOTION: To approve Consent Agenda. Sosman/Forget. 2-0-1, Austin abstained. VOTED. MOTION: To approve Snack permit for Knapp Foods, d/b/a Knapp Video. Forget/Sosman. 2-0-1, Austin abstained. VOTED. 3. COMMUNICATIONS a. Memo from Engineering Dept., June 1, re: Cobbler's Corner Sewering. Board discussed suggestions in the memo, i.e. present design for Cobbler's Corner matches sewer design for former proposed and abandoned plan for Lifecare Facility (matches Master Plan). Also, to save developer money, he may install a forced main to Spring Street. No which are onecostelse y to can hook up to a forced main. Town does not like to own pump build and later to maintain. Mr. Willis had just developed 6 lots on septic and now want to to a 19-lot subdivision. Another question is will Sewer Commissioners approve the hookups. Board will discuss when full and Chair suggested a joint meeting with Sewer Commissioners. b. Letter from Groundwater Technology, May 26, 1994, update of 340 So. Main St. c. Copy letter from Dr. & Mrs. Stanley Sohn, 621 East St., May 25, 1994, re: Solid Waste, DeGirolamo, East St. 4. VISITORS No visitors tonight. 5. HEALTH AGENT'S REPORT a. Swimming Pools: Agent referred to 105 CMR: Dept, Public Health, Mass. General Laws, 435.23: Lifeguards, Did Board want to require lifeguards or simply a sign that states, "No Lifeguard on Duty", which is acceptable by above stated law. Presently, the sign is posted. MOTION: To continue to require "No Lifeguard on Duty" sign, as required by law. Sosman/Forget. All in favor. VOTED 09/,19/1995 10:51 GAREN+BRESNICK 598+881+7218 P.E1 5U62617343 TOWNOFMANSFIELO PAGE 03 TOWN OF MANSFIELD, MASSACHUSETTS 50 West Street, Mansfield, MA 02048 TOWN OF NANSFIELD MANSFZFLO WARD OF HEALTH REQUEST FOR A VARIANCE APPLICANT-__ALLEN L. AODRESS:_._P.O. BOX 748, MANSFIELD, MA. 02048 TELEPHONE HOME; 339-8804 BUSINESS:...$AME„ OWNER:_ .._ALLEN L.,_,WILLTS..e... AODRES6:..___._.SAME_ AS VABOVE �,._.....,. . TELEPHONE HONE_ „ SAME _ .,.._.._OUSINESS- - SAME SPECIFIC VARIANCE SOUGHT- '.SEWER CONNECTION RECULATION ARTICLE 2. TO WAIVE .THE REQUIREMENT THAT THE RESIDENTIAL SUBDIVISION t1CUBB_LE R"S CORNER" BE SEiJERP;D, REASONS FOR REQUHST:..,.THA.T.T.H_1:-DIS.TAt1C.E ..T.O.,. ELEVATION, OF AND COST MAKE SUCH CONNECTION UNFEASIBLE. THAT THE SOILS ON THE SITE WILL PROVIDE THE SAP1E DEGREE OF ENVIRONMENTAL PROTECTION, `1'it'A-T"THE PLAN WA'S -A"PPROV'ED-OVER-A""TEA`R ACO WITHOUT COMMENT FROM THE BOARD OF — - OWNtR'S SYONATUR a�� ' , ,-DATE:-SEPTEMBER 19, 1995 Ga n Brasnick, Attorney for Owner APPLICANT'S SIGNATUR _ _ DATE: SEPTEMBER 19, 1995 Garen re5niC Attorney for Applicant. PLEASE PROVIDE: 1, Locus map 2. Plot, building or septic plan 3, Mechanical data 4, Any other informative documents, photographs, plane, etc. -.•.._.Approved/OisaoproveC Chairman_... Date_-_,..... ..... 7/$/93 Summary of Laws at issue concerning Cobbler's Corner Subdivision The Subdivision Control Law is the law regulating the process of land subdivision regulating the laying out and construction of ways, providing access to lots and ensuring sanitary conditions. It relates to a community's local zoning requirements to a uniform, statewide process for land division. The Board of Health's Sewer Connection Regulation is a local regulation which promotes the protection of groundwater from the biological and chemical hazards of sanitary sewage, through the use and development of a sewer collection system. The two are clear and separate regulations, not to be merged. Text of law in boldface, comments and interpretation in italics. Massachusetts General Law Chapter 41 section 81U: Subdivision Control: Approval, modification or disapproval of plan by board; prerequisites for decision When a definitive plan of a subdivision is submitted to the planning board, as provided in section 81 O, a copy thereof shall also be filed with the board of health or board or officer having like powers and duties. Such health board or officer shall, within forty-five days after the plan is so filed, report to the planning board in writing, approval or disapproval of said plan, and, in the event of disapproval, shall make specific findings as to which, if any, areas shown on such plan cannot be used for building sites without injury to the public health, and include such specific findings and the reasons therefor in such report, and where possible, shall make recommendations for the adjustments thereof. (Example of this is the Elms Subdivision and the resulting effects on water quality. Another example would be the use of landfill for a subdivision.) Failure of such Board or officer to report shall be deemed approval by such board or officer. (An approval through silence, referred to as a constructive grant.) Such health board or officer shall send a copy of such report, if any, to the person who submitted said plan. When the definitive plan shows that no public or community sewer is to be installed to serve any lot thereon, approval by a board of health or officer shall not be treated as, nor deemed to be approval of a permit for the construction and use on any lot of an individual sewage system; and approval of a definitive plan for a subdivision by a board of health or officer shall not be treated as, nor deemed to be, an application for a permit to construct or sue an individual sewage system on any lot contained therein. (Supports the Board in that an approval of the subdivision through silence is not an implicit approval of individual septic systems) Statute moves on to other matters, not relevant to Board of Health regulations. Sewer Connection Regulation attached, Article 2 and 3 relevant. September 15, 1995 Chronology of Cobblers Corner Sewer Connection Request September 14, 1995, Compiled by Scott Leite, Health Agent • March 8, 1994 (Tuesday) 3:35 PM Definitive plan of Cobbler's Corner Subdivision filed with Town Clerk's Office. • March 14, 1994 (Monday) Letter from Health Agent to Allen Willis regarding Cobbler's Corner Subdivision and the Board of Health Sewer Connection Regulation. • April 14, 1994 Letter from RIM Engineering including Preliminary Sewer Cost Estimate for Cobbler's Corner Subdivision. April 21, 1994 Board of Health meeting Agent brings forward RIM letter of April W. • May 12, 1994 At request of Board of Health, Agent forwards RIM April 14 letter to Town Engineer for comment. • June 1, 1994 Memo from Town Engineer regarding RIM April 14 letter. • June 2, 1994 Discussion of RIM April 14 letter deferred to meeting with full Board. • July 7, 1994 Board of Health meeting, Agent reports to Board that a discussion with RIM Engineering took place regarding possibility of alternatives to RIM April 14 letter, and should be considered. • August 18, 1994 Board of Health meeting, No word regarding sewering of Cobbler's Corner Subdivision. • September 15, 1994 Board of Health meeting, No word regarding sewering of Cobbler's Corner Subdivision. • October 6, 1994 Board of Health meeting, No word regarding sewering of Cobbler's Corner Subdivision. • October 20, 1994 Board of Health meeting, No word regarding sewering of Cobbler's Corner Subdivision. • November 3, 1994 Board of Health meeting, No word regarding sewering of Cobbler's Corner Subdivision. • November 17, 1994 Board of Health meeting, No word regarding sewering of Cobbler's Corner Subdivision. • December 8, 1994 Board of Health meeting, No word regarding sewering of Cobbler's Corner Subdivision. • January 5, 1995 Board of Health meeting, No word regarding sewering of Cobbler's Corner Subdivision. • January 19, 1995 Board of Health meeting, No word regarding sewering of Cobbler's Corner Subdivision. • February 2, 1995 Board of Health meeting, No word regarding sewering of Cobbler's Corner Subdivision. Deleted from agenda. • On or about August 31, 1995 Stanley Feck requests site evaluation of 2 lots in Cobbler's Corner Subdivision on Willow Street. Agent reiterates process regarding subdivision, but will revisit with Board of Health. • September 7, 1995 Allen Willis, owner of Cobbler's Corner Subdivision, discusses standing of subdivision with regard to Board of Health regulation with Agent. Agent will revisit with Board at this evenings meeting. September 7, 1995 Board of Health meeting discussed Cobbler's Comer subdivision regarding Sewer Connection Regulation. No change in pursuit of the Board's desire to sewer subdivision, if possible. September 8, 1995 Return check and site evaluation applications to Stanley Feck. Allen Willis calls to discuss previous evening meeting and standing of subdivision. September 12, 1995 Agent meets with Allen Willis and his attorney Garen Bresnick. Planning Director Shaun Burke also attending. Summary of meeting: 1. Willis believed harmed by Board because was not rendered a "timely decision". 2. Agent's concession to portion of "timely decision" was that spoke with RIM in June 1994 regarding alternatives, rather than send letter. 3. Discussed variance procedure for Sewer Connection Regulation and options regarding variance requests/possible outcome. 4. Willis claimed discussion "few hours ago" with RIM revealed April 14 letter did not include on -site sewer work. Willis told to substantiate claim and submit to Board for review. 5. Discussion included frequent blending of Subdivision Control Law and Board of Health Sewer Connection Regulation which are unrelated in process. 6. Willis and Attorney wish to attend September 21 meeting to discuss variance. 7. Attorney will contact agent on September 13. September 13, 1995 No contact from Attorney or Willis. RIM Engineering calls, new report will be delivered on September 14. 39 LARCRIDGE LANE ASHLAND, MA. 01721 Board of Health Town of Mansfield C/O Scott Leite Town Hall - 50 West Street Mansfield, MA 02048 GAREN M. BRESNICK ATTORNEY AT LAW TELEPHONE: (508) 881. 6776 TELECOPIER (508) 881. 7210 September 14, 1995 RE: Sewer / Septic Systems - Cobblers Corner Subdivision - Dear Board of Health Members: On behalf of my client, Allen L. Willis, of Gloria Drive, Mansfield, owner of the residential subdivision known as Cobbler's Comer, off Willow Street, Mansfield, I hereby request a waiver of the Board's Sewer Connection Regulations, based on the following facts and documentation. On or about April 11, 1994, during the time period when this subdivision was before the Planning Board for review and definitive plan approval, the project engineer, Ralph Maloon, of RIM Engineering sent a letter to the Board which provided the Board with preliminary cost estimates for sewering the proposed 19 lot subdivision. Said document which indicated a cost for sewer in the range of $119,000.00 and a per lot cost of $6,200.00 However, from that date, through the remainder of the subdivision approval process, neither my client or the Planning Board received any formal response to the issue as to whether sewer would be required in the said subdivision. On that basis, the Planning Board approved the definitive plan without sewer, believing as did my client, that the Board of Health, by its lack of response determined that sewer was not reasonable for the project. As late as last week, when a prospective purchaser of the front 4 lots came to the Health Agent for percolation tests, he and the my client was informed that the issue of sewer for this project had not yet been resolved, and hence the tests were denied. We now team that the issue of Cobblers Corner was carried on the Agenda of the Board of Health for several meetings, each time with no written notice to my client, and only a verbal mention by the Health Agent to our engineer, which, to our understanding and belief cam after subdivision approval and as a suggestion that Mr. Willis look at a "force main" with individual grinder pumps, as an alternative means of sewering along the abutting street to the subdivision. With all due respect to the Board and Health Agent, not having received any formal or written notice concerning this situation, Mr. Willis now finds himself at the eleventh hour, with the sale of 4 lots now possibly lost, requesting a waiver / variance from the Board's Regulations. Cobbler's Corner Page 2. Based on the recalculations of RIM Engineering, which are attached hereto, there are two ways in which this site might be sewered. First is by a gravity main with a pumping station, and the other is by use of a smaller force main which employs individual grinder pumps. Based on the cost estimates attached the gravity alternative will cost approximately $150,000 for the project with a distributed cost of approximately $8,000 per unit. The pump station would lift the sewage from the site to a force main in Willow Street and the line as long Willow to Spring Street would not be available to any abutters on Willow Street. The $8,000. represents about a 100% increase above the anticipated $4,000.00 cost for an on -site system. The force main alternative would require each owner to install a grinder pump and chamber. The cost for that alternative would be $169,000 with a distributed cost of $8,900. per unit, which is approximately 125% increase over the $4,000. anticipated cost for an on -site system. While this would make the line in Willow Street available to other property owners, the cost for such connections with grinder pump and chamber installations would cost each party approximately $5,000. which we believe is beyond the point of affordability for most home owners. Based on these facts, Mr. Willis hereby requests a waiver / variance be granted to allow use of on site sewage disposal systems for the 19 lots which comprise the Cobbler's Corner Subdivision. We further petition that the Board make a decision at its next meeting in view of the advanced nature of the project and the fact that the subdivision plan has now been approved for about 1 year without comment or further notice from the Board as to this situation. In the event that the Board is unable to fully act on this request at its meeting of 9/21/95, we further request that the Board, tonight, grant a waiver / variance as to the 4 lots fronting on Willow Street, being lots no. 1, 2, 18, and 19, allowing them to move forward to percolation test, design and construction of on site systems. Very truly yours, Garen M. Bresnick, Esq. for Allen L. Willis, Applicant Drainage Studies • Percolation Tests • Sewage Disposal Plans • Topographical Surveys Wetiand Filings • Land Court Surveys • Site Plans • Residential and Industrial Subdivisions ENOINEEOING CO.. INC. September 14, 1995 Mansfield Board of Health Town Hall 50 West Street Mansfield, MA 02048 Re: "Cobblers Corner" Subdivision Board of Health Members; I have been requested to review my cost estimate for sewering "Cobblers Corner Subdivision and to calculate the cost using grinder pumps rather than one pumping station. Enclosed is my April 11, 1994 report and cost estimate. The only change is the addition of 2 town inspection fees. Enclosed also is a cost estimate for using 2 grinder pumps for each house rather than a single pumping station. Please note that these are only preliminary cost estimates. Many factors not included could cause a rise in cost such as ledge, high ground water, avoidance of existing utilities, etc. sincerely, Rai rhI. Maloon RIM/dl Encl. . . .. 02048 • (508) 339.3731 Drainage Studies • Percolation Tests Sewage Disposal Plans • Topographical Surveys Wetland Filings • land Court Surveys Site Plans • Residential and Industrial Subdivisions ENGINEEflING CO., INC. 11 April 1994 Mansfield Board of Health Town Hall - 50 West Street Mansfield, MA 02048 RE: "Cobbler's Corner" Subdivision Board of Health Members: Enclosed is a Preliminary Sewer Cost Estimate for the cost of installing sewer for "Cobbler's Corner" Subdivision. The closest existing sewer from the site is the sewer main on Spring Street, about 2270 feet from the site entrance. The second closest sewer is the sewer manhole at Leonard and Willow Streets, about 2500 feet from the site entrance. Both routes would require a force main and since the second route (Leonard St.) would require installing pipe under the 4 culverts for the Rumford River at Willow Street, it is apparent that the route to Spring Street would be the less expensive. The costs are calculated using prices from "Means Building Construction Cost Data which is the method used by the Mansfield Planning Board for setting bonds. In this case since there is no design approved by the Town and the State , I am using the minimum necessary to sewer the site; a gravity sewer on -site, a pumping station on Lot 2, and a force main in Willow Street. The trench paving on willow Street is assumed as 3-foot wide base coat pavement over the trench and 18-foot wide top coat pavement over the street. The street is presently such a mess of depressions and cracks that it would be impossible to do a reasonable job over the trench area only. The actual cost could escalate due to requirements added during the approval process. Sincerely, n Ralph I. Maloon RIM/pp Enclosure .,.._.,,..,..:., Q1. 1 . NA,naHP,i Massachuselts 02048 • (508) 339-3731 TOWN OF MANSFIELD, MASSACHUSETTS 50 West Street, Mansfield, MA 02048 MEMORANDUM TO: Bob Swanson, Town Engineer From: Scott Leite, Health Age Re: Cobbler's Corner Subdivision, Sewer Possiblity Date: May 12, 1994 The Board of Health requests that you review and comment on the attached plan for the proposed Cobbler's Comer Subdivision, off Willow Street, with respect to the following: 1. Application to the Sewer Master Plan. 2. Possible lower cost alternatives for sewering. The applicant, Mr. Willis, is anxious for a response from the BOH as this project relates to their Sewer Connection Regulation. Your response will be greatly appreciated. Thank you. TOWN OF MANSFIELD) MASSACHUSETTS 50 West Street, Mansfield, MA 02048 MEMO TO; Board of Health Scott Leite, Health Agent FROM: Engineering Department / , DATE: 6/1/94 SUBJECT: Review of Sewer for Cobbler's Corner Subdivision your memo requests that we analyze the developer's sewer layout with respectto the Town's sewer masterplan. During the permitting process for the Lifecare Facility the sewer masterplan was revised for this area. The present design matches the sewer design for the Lifecare Facility and thus agrees with the masterplan. Your merino also requests us to identify any cost saving meE.sures which the developer could employ to make the sewer installation more economically feasiblerThe only cosveloper savings measure that I can identify is to allto install the to roe main to spring Street along the side of the road and then not require full width paving of Willow Street. The full width paving previously offered with the Lifecare Facility also included a gravity sewer in Willow Street to flow from spring street back to the pump station. Since this gravity sewer will not be installed now there is no need for the full width Paving. Possibly another developer may wish to install the gravity sewer at a later time or residents with failing septic systems could install it. File: B2: COBLRCNR TOWN OF MANSFIELD) MASSACHUSETTS 50 West Street, Mansfield, MA 02048 March 14, 1994 Allen L. Willis P.O. Box 748 Mansfield, MA 02048 Re: Cobbler's Corner Subdivision Dear Mr. Willis, I am in receipt of the Definitive Subdivision Plan for Cobbler's Corner, naming yourself as owner and applicant. Enclosed please find the Board of Health Sewer Connection Regulation. Article 2, Proposed Development and New Construction, requires that connection to common sewer be explored prior to granting permits for the construction of septic systems. If I can be of assistance, please do not hesitate to call. Very truly yours, LD BOARD OF HEALTH So?rtt-Leite Health Agent /dr ARTICLE 2. PROPOSED DEVELOPMENT AND NEW CONSTRUCTION Connection to the common sewer in the vicinity of proposed development and new construction of subdivisions, residential cluster development, residential compounds, multi -family dwellings, commercial buildings, single family dwellings, and any other building having sanitary facilities shall be pre- sumed feasible, unless the Board of Health finds that it is not technically or economically feasible to do so. No such finding shall be made, except upon the application of the owner or his agent (designated in writing), prior to the date required for a connection. In making a finding, the Board shall weigh the cost of connecting to the common sewer, and related technical and access issues, against the cost of providing and maintaining alternative sewage disposal facilities in full compliance with applicable rules and regulations. It is the intent of the Board that connection be made to the common sewer in every case, unless by clear and convincing evidence it is not feasible to do so. It is the burden of the applicant for relief to produce such clear and convincing evidence that the required connection is not feasible, or that the new construction is exempt from this regulation. ARTICLE 3. VARIANCE Section 1. The Board of Health may vary the application of any provision of this regulation, with respect to any parti- cular case where, in its opinion (1) the enforcement thereof would do manifest injustice; and (2) the same degree of environmental protection is met, provided that the decision of the Board of Health shall not conflict with the spirit of these requirements. Criteria for consideration of a variance 1may include, but not be limited to density, use loading and hardship. Any variance shall, while it is in effect, be available to the public at all reasonable hours in the office of the Board of Health. Section 2. The Board of Health may require a variance to be recorded at the Bristol County Registry of Deeds. ARTICLE 4. PENALTIES Section 1. The penalty for violation of Articles 1, 2 and 3 shall be $ 50.00 per day for every day the violation exists. Section 2. A variance to these regulations shall not be effective until recorded and no work shall commence and no on site septic system shall be maintained until evidence of recording has been delivered to the Board of Health. Board of Health Page 3, June 2, 1994 1. Approval of Pushcart Permits: FanFare, Inc. (12) m. Approval of Temporary Food Service Permit: Sunoco, June 9-1lth MOTION: To approve Consent Agenda. Sosman/Forget. 2-0-1, Austin abstained. VOTED. MOTION: To approve Snack permit for Knapp Foods, d/b/a Knapp Video. Forget/Sosman. 2-0-1, Austin abstained. VOTED. 3. COMMUNICATIONS a. Memo from Engineering Dept., June 1, re: Cobbler's Comer Sewering. Board discussed suggestions in the memo, i.e. present design for Cobbler's Corner matches sewer design for former proposed and abandoned plan for Lifecare Facility (matches Master Plan). Also, to save developer money, he may install a forced main to Spring Street. No one else can hook up to a forced main. Town does not like to own pump stations, which are costly to build and later to maintain. Mr. Willis had just developed 6 lots on septic and now want to to a 19-lot subdivision. Another question is will Sewer Commissioners approve the hookups. Board will discuss when full and Chair suggested a joint meeting with Sewer Commissioners. b. Letter from Groundwater Technology, May 26, 1994, update of 340 So. Main St. c. Copy letter from Dr. & Mrs. Stanley Sohn, 621 East St., May 25, 1994, re: Solid Waste, DeGirolamo, East St. 4. VISITORS No visitors tonight. 5. HEALTH AGENT'S REPORT a. Swimming Pools: Agent referred to 105 CMR: Dept. Public Health, Mass. General Laws, 435.23: Lifeguards, Did Board want to require lifeguards or simply a sign that states, "No Lifeguard on Duty", which is acceptable by above stated law. Presently, the sign is posted. MOTION: To continue to require "No Lifeguard on Duty" sign, as required by law. Sosman/Forget. All in favor. VOTED Board of Health Page 6, July 79 1994 Agent read Town Manager's response to Board re: 4th of July weekend and the possiblity of the "boil order" continuing. Agent explained to Town Engineer why a dishwasher is safe to use during the boil order. If you need to boil water for 3-5 minutes to kill the bacteria, then pouring boiled water over dishes after they've been through the dishwasher cycle certainly could not be worthy of doing. The heat from the dishwasher dry cycle could be sufficient. C. Cobbler's Corner: If sewered, there would be a forced main to which no one could hook into. Agent told Mr. Willis's engineer, Ralph Maloon, that a different method of sewering exists that they might consider. Haven't heard back yet. Member Sosman asked if there were adjacent properties for future development. Agent replied that he did not think so. 7. NEW BUSINESS a. TB Threat: Member Steele asked if it would be prudent for Community Visiting Nurse Agency to test every resident in Mansfield for TB? Agent responded that he is unaware of a threat and that anyone who is required to have a TB test does go to CVNA. 8. ADJOURNMENT MOTION: To adjourn at 10.00PM Sosman/Forget. All in favor. VOTED NEXT MEETING: Clerk: Respectfully submitted, Dianne Royle Recording Secretary AUGUST 49 1994 TOWN HALL f Health August 18, 1994 Member Steele suggested that items in #3 could be free from agencies such as Norcap, AA, Southwood Community Hospital, etc. Training for police and fire had been mentioned between Ms. Farrugia and Mr. Leite. Board agreed to share with a small contribution in the cost of this training. j. Peres and Plans: Peres 29 and Plans 136. 6. OLD BUSINESS a. Cobbler's Comer: No word from Mr. Willis, the developer, re: sewerline. b. Smoking Reg: Member Sosman reported that Easton and Sharon will most like be adopting a reg more stringent than Mansfield. Charlotte Scozzafava, TGC Coordinator, sent a draft reg to Mansfield for their consideration. Some of the changes are: all restaurants smoke free, category of fines, prohibition of vending machines, tobacco retailers permit. Member Sosman again asked that members review the draft for discussion line -by-line at nest meeting on September 15th. Also, town of Norton will be added to the group on a one-year trial basis. Commonwealth recommended a memo of agreement with Norton. Ms. Scozzafava is asking for a part-time compliance monitor and the addition of student assistance. Board agreed that the pay raises for Ms. Scozzafava and Sheila Miller, health educator, will be the average that the three towns are getting for FY95. 7. NEW BUSINESS -Nothing tonight. 8. ADJOURNMENT MOTION: To adjourn at 9:35 PM Fontanini/Forget. All in favor. VOTED Respectfully submitted, Dianne Royle, Recording Secretary NEXT MEETING: SEPTEMBER 15, 1994, TOWN HALL 'd of health Page 3, September 15, 1994 h. Title V: Revisions will take effect November 10th. Will be available in State Book Store on September 24th. Agent will buy a copy then, if it is not sent to office from the State. i. Data Base for Licenses: Hope to establish in the near future a data base for every department that issues licenses. Also, a geographical data base will be established to give various info about a log, i.e., square footage, depth to groundwater, on sewer or septic, # bedrooms, public water, etc. Eventually, I -net will connect every PC so that this info can be shared. j. Peres and Plans: Peres 34 and Plans 140. k. Vacation: Agent on vacation Sept. 19-23rd. Secretary will work later into the day and Inspector of Buildings will cover for septic inspections. 6. OLD BUSINESS a. Cobbler's Corner: No word from Mr. Willis, the developer, re: sewerline. b. Smoking Reg: Postponed, either October 6th or 20th. c. Postmortem Meeting --Water Emergency: Postponed, Nov. 3rd. Member Steele asked if the bacteria has been cleared up yet and if they know what caused it?. It fluctuates, Agent responded, but lately has been clear, and they do not know exactly what caused it. There are different theories, but it is very difficult to pinpoint. Could be watertable changes, geese droppings, adjacent swamp being pulled down. How many families have changed to bottled water? Secretary will contact Belmont and Simpson Springs. Member Steele wondered if septic systems caused the bacteria and strongly advocated for town sewer throughout Mansfield. 7. NEW BUSINESS a. Jameson Farm, Mill St.: Letter, Aug. 25, 1994, Hutchins -Trowbridge Associates, asked for a waiver of the Sewer Connection Regulation to allow on -site septic for 10-lot subdivision off Mill St. Sewerline would have to be extended 900' and will only service 5 out of 10 lots by gravity. Because of the drop in grade, the remaining 5 lots would require a grinder pump. Cost approx. $97,000 ($9,700/lot vs. $4,000/lot septic). Board members discussed the mechanics of the sewer installation and cost, but felt that since the subdivision is in a water protection zone, it is beneficial to groundwater quality to sewer the lot.