HomeMy WebLinkAboutBOH Minutes 2/1/1996BOARD OF HEALTH MINUTES
FEBRUARY 1, 1996
Members Present: Chairman Ray Martin, Clerk Gary Forget, Jame I;eonard �Joe� I ( 5
Kowalcyzk and Peter Fontanini
Also Present: Health Agent, Scott Leite
1. Call To Order at 7:30 PM by Chairman Martin in the Town Hall.
2. Consent Agenda
a. Approval of Minutes, January 18, 1996
b. Approval of Septage Haulers Permits:
Dick Shufelt Septic Maintenance, Walpole
Hurley's Cesspool Service, Inc., N. Easton
c. Approval of Disposal Works Installers Permit:
J..J. O'Brien & Sons, Inc., Waltham
e. Approval of Haulers Permits:
Waste Management of RI, 5 trucks
MOTION: To approve the Consent Agenda as submitted.
Forget/Leonard All in favor. VOTED
3. Communications
ACTION ITEMS:
1. Memo, Feb. 1, 1996, from Lorilee Fish, Director Park & Recreation Program, re:
Memorial Park Public Bathrooms, requesting variance from the State Architectural Access
Board's regs for a unisex handicap bathroom.
MOTION: To grant variance for one unisex handicap bathroom
to be located at the office building at Memorial Park.
Leonard/Forget. All in favor. VOTED
2. Article for 1996 To«m Meeting, Household Hazardous Waste Collection.
Considering that $7,200 is left over from last year and $12,500 is still available for this
year's project, the Board felt that $7,500 request for FY97 is appropriately justified. Two
half -day collections Nvill be held this year.
MOTION: To request $7,500 for the Household Hazardous Waste Article
for FY97.
Leonard/Forget. All in favor. VOTED
PAGE 2, MINUTES, FEB. 1, 1996
REGULAR CORRESPONDENCE:
1. Letter, Jan. 25, 1996, to Health Agent, from Brian Paulsen, Villa Liquors,
re: Tobacco Compliance Policy. Chair Martin suggested that a letter be sent to Villa
Liquors thanking them for quick action and response to the Board
2. Groundwater Technology Monthly Report for 340 S. Main St., Jan. 29, 1996.
3. Letter to Dr. Ray Martin, Chairman, Jan. 31, 1996, from Town Mgr., Bill Williams, re:
apology for all confusion for request for funding for fluoridation.
4. Visitors - Public Hearing
At 8:OOPM a variance hearing was held for Lorraine Marsden. 2 Van Gernert Drive,
under the Sewer Connection Reg. Present was Ms. Marsden and her brother -in -law, Ken
Bouget, Avon, MA. Her reason for the request is specific to the availability and therefore
inferred connection to sewer on Mill Street. Unaware of this regulation, she had a septic
inspection done under new Title V (cost $500) and has already a negotiated sale price for her
home. The cost of installing sewer at this time would cause a financial hardship. Because
the sewer was mandated for the Jameson Farm Subdivision, she feels that she will be
financially impacted because a new development on sewer could force her to hook up. Town
Engineer did not know if a lateral had been installed to her property. If forced to hook up,
she asked why her house could be more harmful to the environment than the others on Van
Germet, that are not on sciver?
Member Forget was concerned about height of house and height of sewer invert. Member
Kowalcyzk asked if a reasonable distance is included in reg re: hookup upon transfer of
ownership? Reasonable accessibility would be if sewerline were on Van Germet Dr. It is
not good engineering practice to connect from Mill St. Member Leonard asked if this
variance, if granted, is for Ms. Marsden only or is it carried to the next owner. Only Ms.
Marsden, the present owner. Hearing closed at 8:20PM.
MOTION: To grant variance as requested.
ForgetiKowalcyzk. All in favor. VOTED
5. Health Agent's Report
a. Interceptor Overflow: Sewer backup on all manholes on Branch Street occurred
Jan. 19th. Agent, Sewer Treatment Plant Operator and DPW Foreman were onsite. Back
Bay Brook and wetlands are in vicinity. DEP was contacted and later DPH for guidance on
possible infections to residents who experienced sewer backup in their homes. There were
PAGE 31 MINUTES, FEB. 1,1996
five houses that were notified. Member Kowalcyzk asked if all residents on Branch Street
should have been notified and possible something in the newspaper. Agent will contact
Town Engineer. A full report was submitted by Town Engineer, dated Jan. 24, 1996. It was
later discovered that a Volkswagen tire and rim were in the interceptor. Inflow and
infiltration of groundwater, fast melting snow and warm temperatures were also a factor.
b. Budget Meeting: Saturday, Jan. 20th, 10:00 AM. Went well. Only question was
Secretary's salary for BOH meetings. Fincom thinking about hiring temporary people to take
notes at Board and Committee meetings. Just a thought at this time.
6. Old Business
a. 380 Mill St. Variance Deliberation: After discussing the facts and chronological
order of events, the Board made the following motion:
MOTION: To deny the variance for Mary Jameson, 380 Mill St.
for the following reasons. Sewer connection no later
than June 1, 1996.
L In granting the conditional relief from its Sewer Connection Regulations on
February 10, 1995, the intent of the Board of Health was and is that the installation of a
septic system is the choice of last resort, only to be pursued, if for some reason, the planned
subdivision of adjacent land, then owned by the same Mary E. Jameson was not approved by
the town of Mansfield Planning Board or was delayed in construction as planned. The Board
concluded that in the event the subdivision was disapproved or delayed, it would not be
economically feasible for Mary E. Jameson to connect to the then existing sewer on Mill
Street, over 750 feet (approximately) away, to serve only 380 Mill Street. However, the
Board concluded that if the sewer was extended as planned for the subdivision to the
intersection of Mill Street and the subdivision way, a distance of only 150 feet (plus or
minus) from 380 Mill Street, it would then be economically feasible to connect 380 Mill
Street to the sewer.
The Board did not wish to delay Mary E. Jameson in constructing a dwelling at 380
Mill Street. Rather the Board determined that if the sewer extension was not available at the
date of a certificate of occupancy of the 380 Mill Street construction, Mrs. Jameson could
have an on -site system. Thus, by reason of ownership of the adjacent land to be subdivided,
and ownership of the lot at 380 Mill Street, Mary E. Jameson had control. She could have
sped up the occupancy permit or slowed down the sewer, or more likely, required that
purchaser of the subdivision tie 380 Mill Street into the sewer. She could have delayed
installation of an on -site system until this was the last resort. In fact, the sewer was extended
and available before the Certificate of Occupancy was issued for 380 Mill Street.
PAGE 49 IM UTES, FEB. 111996
2. On August 25, 1994, Hutchins/Trowbridge Associates as a "representative for the
site" requested a variance from the Sewer Connection Regulation for the entire "Jameson
Property ". The variance was denied on September 15, 1994. An appeal was requested on
October 6, 1994, which was subsequently denied on October 20, 1994. Mary E. Jameson
was owner on and before August 25, 1994 and continued to be owner until May 5, 1995,
almost three months after the Board granted her conditional relief as to 380 Mill Street.
3, The Board of Health issued its variance to Mary E. Jameson on February 16, 1995.
On March 17, 1995 an Application for Disposal Works Construction was received by the
Health Department. On March 31, 1995, an Application for a Building Permit wa submitted
to the Building Department. The septic system was completed on June 18, 1995. The sewer
in Mill Street was accepted by the Town on August 23, 1995. On September 27, 1995 a
Certificate of Occupancy was issued by the Building Department.
4. On May 5, 1995, Mary E. Jameson conveyed "Resubdivision of L.C. Plan #2109C
Land Court Plan Mansfield, Massachusetts..." to Bodio Country Classics for $435,000.
5. The Mary E. Jameson had ample opportunity to make arrangements for
connection of 380 Mill Street to the extended sewer.
6. The Mary E. Jameson had knowledge of the Board of Health's position regarding
the sewering of the "Jameson Property" as first requested on August 24, 1994 and while she
owned the property.
7. The method of connection to the sewer prepared by Overall Construction for Mary
E. Jameson and presented as evidence of economic non - feasibility at the hearing on January
18, 1995 does not demonstrate non - feasibility and is, in any case, not the most economical
means to connect to sewer.
Fontanini/Forget. All in favor. VOTED
b. Fluoridation: Town Manager came into meeting at this time and informed the
Board that the Finance Committee is requesting that all capital projects be funded through
the Capital Improvements Program. $300,000 has been set aside. Town Manager
recommended a few weeks ago that a separate article be submitted to annual town meeting
for a transfer from Stabilization to fund fluoridation implementation. If the Board must
submit an article, Ass't DPW Director will present the technical aspect of fluoridation to the
wells and the BOH can present the health merits. He suggested that the Board meet with
FmCom at their next meeting- -Feb. 15th. Chair will speak to Chair, FinCom. Chair feels
that a coalition is building to support this project.
PAGE 5, MINUTES, FEB. 111996
c. Storage DDT: Member Fontanini asked Agent if he ever investigated storage of
DDT at Kirley's [High Street]?
7. New Business
a. Goals: Each member and Health Agent shared their goals:
1. Maintain a level of compliance with hazardous waste issues, stump dumps, etc.,
holding the town to a higher standard to show an example to others.
2. Fund fluoridation in FY97 and implement fluoridation in FY98.
3. Increase scope of household hazardous waste collection days.
4. Investigate if Mansfield has a Lyme disease problem.
5. Work hand in hand with Sewer Commissioners for future sewer expansion.
6. Maintenance of wells.
7. Site visits.
8.. Educational workshops.
9. Critical review of BOH regs.
10. Meet with other land use Boards and Committees to learn their
roles and jurisdiction.
It. Sim City computer game: Develop your own town and learn from
each other.
List will be sent to members to prioritize at next meeting.
8. Workshop on Enforcement will be next meeting.
9. Adjournment
MOTION: To adjourn at 9:40 PM.
Forgefteonard. All in favor. VOTED
Respectfully submitted,
Dianne Royle, Recording Secretary
BOARD & COMMITTEE MTG: FEBRUARY 14T11I 8:OOPM.
NEXT MEETING: FEBRUARY 15,1996 @ 7:30 PM.
( Z d Lee
Clerk % �- Date