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HomeMy WebLinkAboutBOH Minutes 4/11/1984Public Hearing Robert C. Currivan April 11, 1984 Clerk Rosenberg Clerk Rosenberg Introduces the Board members to Mr. Curri I believe you have requested a hearing. Robert Currivan: Yes Sir Clerk Rosenberg: Regarding, what is the address Karl? Karl Drown: 287 Chauncy Street Clerk Rosenberg: The status of the septic system at 287 Chauncy Street. What I would like to do first is have Karl state to us what his position is and what he has found and when I will be glad to give you time to respond. Karl Drown: On August 4, 1983 an installer came in contact with me to do a repair on the property. We went down and dug a deep hole which is standard policy of the department and discussed what we would need to fix the system. We discussed it and the installer said he would get back to the land owner, at the time and he never got back in contact with me. We had a little laspe, I got married in the meantime so I forgot about it and it was brought up by a third- party. You know what can we do on the property? I had recited to the third -party that!the system needed to be fixed because its flowing into a brook which is flowing into Kingdoms Pond eventually. I was never contacted by the land owner as to what could have been done. On 3/8/84 I got an anamous call that here was an odor in the river over there and to go check and find it out. It was the same property that was overflowing out of the old cespool behind it -- still flowing into the river. At the time we mailed out a letter to Mr. Currivan, which is the landlord or land owner and Mr. Currivan had re- quested a hearing. And that's where we are tonight. I have a couple pictures of the property --- cespool overflowing into the brook -- -its still overflowing. Peter Fontanini: Is there sewage there? Karl Drown: The sewer, I believe ends a few hundred feet before that property. I am not sure where it ends, I haven't contacted Peter Fontanini: It doesn't run up Karl Drown: I haven't contacted Peter Fontanini: up Chauncy Street Karl Drown: the Board to find out, that would be something the land -owner would find out if he wanted to hook into the sewer. Clerk Rosenberg: Chauncy Street is where? Karl Drown: O:K, this company is located at the intersection of the new 140 and Chauncy Street, right across from Webster's Associates. Webster's Associates is a realty office. Clerk Rosenberg: O:K Robert Currivan Hearing Page Two Karl Drown: Right where the famous Apple Tree Diner may go one of these days. Clerk Rosenberg: O:K Karl Drown: I guess, but I don't know where the sewer is coming in. The owner could hook up the sewer if he wanted to fix the system, pump the system out. Clerk Rosenberg: Well its not a matter of whether he wanted to, if the sewage is available he must hook up to it according to the Town. Karl Drown: He must, but I am not sure how close it is though Peter Fontanini: 5 or 6 hundred feet Karl Drown: Like I said I have never been contacted by the owner. Clerk Rosenberg: Anybody on the Board have any questions for Karl? Mr. Currivan Robert Currivan: So that you will be aware of the situation, let me give you a little background on the status here. 1982 I purchased this property with the intend in mind of taking the building down. The land is currently zoned business and we didn't want the house there and we inherited these tenants much to our sure -grin and later on about a year later, I guess it must be!a year later, I got a call - I had the guy go down to pump out the cesspool septic system. When the guy came down he said you know that may fill up again so something should be done with it. Appearently he must have been talking about .maybe part of the procedure where they have to consult with the Town when they see something of this nature. I forget the guy's name, he is up in Foxboro. But anyway that was situation I incurred. Now just briefly go back so you will =be aware of the situation because I take this of course as a serious matter. I resent of course getting the complaints. And I am as concerned about the sewage and the odors as anybody certainly in this town. I have been here for a good many years and I take pride in my property and unfortunetly this is a piece of property I have inherited which I can not do much about. I can not get the tenants out. The tenants refuse to move. I have sent them notices before to vacant the premices. They won't move and they don't even pay the rent. So this-is the situation I have inherited which I can not do much about. In 1983 myself, and a person by the name of Mr. Jones proceded to ask the town if we could put sewage in this particular area. The area would go from where this particular property is across the street where now Websters is, it would go up through that property there and come up on the end of Creedan Street and then go Creedan Street down to the Sunoco Station. The reason for that is that we felt the area should be sewered. This problem had come up and we thought we should do something about it. We went to the Town and asked the town about whether it would be feasible to allow us to put a sewer system in. The Town, we had a number of hearings, there was a group of individuals who proceded down to determine whether the feasiblilty to put a sewer system in was there and we had RIM Engineering do a plan, a study. Robert Currivan Hearing Page Three All the parties which owned all the property in the area got together and we all resolved that the sewer system would be put in. That two individuals would pay for the sewer system, myself and another who is the owner of Apple Tree Diner, which is by the name of Jones. We had RIM draw the plans. lde presented them to the Board of Selectman, presented to the State, pre- sented them to Whitman and Howard, I guess they are the Town Engineer's for the sewer system and they approved all the plans. We then proceded to install the sewer, we installed it down Creedan Street, we went from Creedan Street north to Wood Avenue at the same time I paid to have the sewer run from this house across the street to property owned by Apple Tree Diner. At this particular thattownedhsomeaprropertynbetweena Wood eAvenue eand rChauncy nSt t � Street forreassonsof thier own and which were certainly not anything to do with me, refused to allow us to cross thier property. Now the Town approved these plans with the idea that we would be able to sewer this area. This was the whole purpose, to sewer the area. I spent thirteen thousand dollars putting it down Creedan Street Up to Wood Avenue. I spent thirty -five hundred dollars to put it across Chauncy Street to sewer this property bascially I was to sewer the whole area because there was another party involved iniit and we own twenty acres in this area. It was to sewer the whole area, brought right up to that green house (looking at a map or plan at this time) all I had to do was to hook into it. Unfortunetly we have been prevented from putting the connective swage to that particular property, which actually goes from Chauncy Street to Wood Avenue. We have been down in court I'd say maybe a half dozen times to file action, all kinds of actions to procede ( with this. As you know the courts work a very slow process. I have had a very difficult time getting the other party to alloy+ us to cross the property All during this time we have been trying to, we realize that after the other person formeets, then we know that the cesspool has to be pumped out if it fills up. We have had it done twice, we had it done maybe a month ago, had it done last year. One of the neighbors called me last year and said you know I do smell an odor down there, would you please take care of it, so I had it pump- ed out. Now when the, I guess it was maybe a year ago or.last August whatever it was, they said now we want you to put in a septic system. I had the guy come down and figure it was going to cost four thousand dollars to do the system. I don't see any reason for spending four thousand dollars when I already have sixteen thousand dollars into the sewer. I have been trying to get the people out. I can't get them out of course. They eOhave le outnofchouses. and If this Board you probably know it is very difficult to get p p could assist me on getting them out of the.house you wouldn't have to worry about any sewage, believe there would not be anybody else living there. I am going to take the house down. I can _not get them out. They have a young child and the court will not allow the people to be forced out of thier property while the child is in school. Its the way it works. The court does not allow people to be thrown out of thier property with no place to live while a child is in school. Peter fontanini: Does that mean the school year? ( Robert Currivan: The school year. Another words until June. Because what happens is they have difficulty, the court says if they have to move to another town Robert Currivan Hearing Page Four it disrupts the child therefore the court will not issue an execution until after that period. What I have suggested is that we correct the sewage. I am not an expert on it but I do know that everybody, if sewage is ava] M16 - should be connected to it. Peter Fontanini: Yes I think vie all know that. Clerk Rosenberg: You have to Robert Currivan: Secondly I think we all agree that nobody wants an offensive odor on thier property. Its not only offensive to a person's senseabilty but it is also offensive, it could be dangerous to thier, health, Certainly I am aware of that. But I find it very difficult to come to decide to spend four thousand dollars, have the people gei: out in June, have the septic system torn up, then eventually the sewer has got to come across the street to go ahead and do that. If this Board could come up with any suggestion I am cer- tainly not in this type of business and I don't confuss to be. I have had tt pumped out. Whether putting soil over it, a ?foot or so would do any good, I don't know. I don't know whether the cesspool keeps running. Its fool hearty of me to spend four or five thousand dollars for me to put a septic system in when I can sewer right to the house. I got it across the street and I have paid all the way up to Wood Avenue. Clerk Rosenberg: A couple questions if I may. Robert Currivan: Yes Clerk Rosenberg: I assume that the tenants don't have a lease? Robert Currivan: No Clerk Rosenberg: O:K Without asking you to be a fortune teller what do feel, do you feel the court will force the people out at the end of the school year? Robert Currivan: They are on Self Help. The husband left the wife just a few months ago. They never pay the rent. They are nice people, I don't question them. They are way behind on thier rent but Self Help paid one month. I don't know. It is very difficult to get people out of houses. I would prefer to have them out of there. But to mandatory say put in a new sewer system, septic system, spend four thousand dollars - -just to tear the house down as soon as it can be torn down. I have little hesitation. Peter Fontanini: I have not viewed the property myself but by those pictures I'd say you couldn't do a sewer system on that peice of property with the. brook as high as it is now until probably July or August. So if you started digging there now it would just pour back into the water. It would be ridicous. It has to be something other than a sewer system. Karl what do you suggest? Karl Drown: It would be a tight area. There is a very high water table and the close distances. Unluckly you can not guarantee that they will be out in June. Robert Currivan: It is very difficult for me to guarantee that. Under the new Robert Currivan Hearing Page Five status the court has six months which they have for judgement. When the child - ren.are in school the court is very reluctant to force them out. Karl Drown: Do you have any time tables? Robert Currivan: I have got to Wood Avenue, I have it across the street but I just have that section to hook into and unfortunetly its not a problem with me its with one of the owners of property. This land owner wants to use as a weapon againist another land owner. But they agreed upon, the town approved the sewage. This is the.whole idea of the thing. The town approved this plan to allow everybody to hook into it. That was the whole idea of the system. I am paying for it. Clerk Rosenberg: Let me make a general statement and if Louie or Peter disagree. say something, I think the primary concern of this Board is the protection of the water from pollution. Title Five which governs in ground septic system is fairly strict, fairly definitive as to what this Board can and can not do. My personal feeling is that I don't think it is fair to ask or force you to put a septic system which will cost you four thousand dollars just for two months. Peter Fontanini: You can't put one in now anyway! Clerk Rosenberg: Yes I agree. The water tables are just too high. We can cer- tainly work with you to come up with a solution that would be both the least costly thing and still prevent water pollution. I don't think any of us want to see Mr. Currivan spend four thousand dollars in this situation it would be foolish. I think also that this is something that we should take a look at after the school year like in June and see if the people are able to be moved out of the property. At that point come to a final decesion. Karl what can be done on an in -tern basis? Karl Drown: How long does the that system last? Do you have any idea - between pumpings? Robert Currivan: Until I recieved your letter I did not know that there was a problem. I don't go on the property, I rent it but I don't have any right to go on the property. I knew that there was a problem before but a had it pumped out. Because the lady in back of the house complained. When I recieved your letter, that was the first time I knew there was another problem so I had it pumped out the next day by Paul Sanitary. Now how long it had been smelling I really don't know. Karl Drown: Looking at it I would think it would fill up very rapaidly. Clerk Rosenberg: Do you have any idea how big a pen it is? Karl Drown: It is a very old cesspool. I can't see into it because it was full to the top. ( Peter Fontanini: It looks like the brook is almost as high as the cesspool. Robert Currivan Hearing Page Six Karl Drown: The brook is maybe a foot lower than the top of the cesspool. Peter Fontanini: You mean you could pump it alot and it would only keep filling up. Karl Drown: Put in a holding tank and pump it out on a weekly basis or what -ever basis it needs. That will keep it from going into the brook. Peter Fontanini: How will they put a holding tank in? Karl Drown: They will weigh it down. Peter Fontanini: They are going to be putting it into water. Karl Drown: Yes, but if you keep pumping this hole it will be like every day compared to once a week or something like that. We could let it go in the brook and leave it at that then. Clerk Rosenberg: I am not sure that this is the only thing flowing in the brook. I think you are probably aware of that. Robert Currivan: That is one of the main purposes why the Town encourged us to put the sewer system in because there had been complaints before not on this "piece of property but from other neighbors. So that is what we are trying`to eliminate. I personally would not live in a place where I have to smell sewer. I am thinking number one, on the brook if you put fill over it better the smell. Karl Drown: The fill w'ould'.hold down the smell and hold back the flow only to an extend until it decided to flow around it or find the easiest way around. Which may create a worst problem by covering more ground instead of a direct flow. It would be helpful for a very temporary time. Pumping it out then putting fill around with a cover or something. Robert Currivan: It is unfortunantly that this Board didn't have any input to allow the sewage to be connected through that piece of property. It would resolve all the problems. Clerk Rosenberg: Fortunantly or unfortunantly this Board doesn"t have any authority in that area. Robert Currivan: Although the town had alot to do with it. The town approved, the town set it up and it was a town idea. Karl Drown: The line ' -where you are having trouble with the eastman is that more than six hundre feet from your house? Robert Currivan: I would say yes. Karl Drown: Then we really can't do anything. See if anything is within six hundred feet then we could try and tie in and do something. Robert Currivan Hearing Page Seven Robert Currivan: I would say slightly more than six hundred. Karl Drown: When is your next hearing in court, if you don't mind me ask- ing. Robert Currivan: Let me get my file because I have a million of them. Karl Drown: I was thinking if the Board could give a letter on top of that if they are within six hundred feet then it would be post -haste for them to get moving on hooking it up. If the Board would agree to send a letter to the court. Louie Diamond: It sort of looks like a choice either they get the people out of the house or they hook up the sewer. There is no half -way in between. Karl Drown: All the other solutions are temporary. Robert Currivan: As far as I am concerned the solution is to have the people move out because I want to take the house down. So you will all be familiar with the situation let me just show you how it works... *As Mr. Currivan talks about "from here to here" note that a map was present! Robert Currivan: We ran the sewer from here down to here then we ran the sewer from here up to here - -that is where it is now. Now so we are up to here. We are going to come down to here and then down here then to Currivan here. So all we need to get it is from here to here. There is no problem here the problem is here. The owner of this piece of property doesn't want to allow this guy here to have sewer unless this guy allows him to come out over here so he can have a easier route. Clerk Rosenberg: One question if I may you are in litagation now on this section? Robert Currivan: I am in litagation from here to here. Clerk Rosenberg: Do you have any idea when that will be resolved? Robert Currivan: I have been down Superior Court four or five times. The court has enjoined the people from doing anything with thier property in the meantime because the court has brought our argument to agree that vie have th writing that they are suppose to allow us to come through. But we have not been able to get the court to issue an order to allow us to come through. See we have no problem here just here. This is owned by Bornwbod. They are try. ing to get to 106 they can't get out here so they are trying not to allow this guy sewage unless he allows them to go through to get to 106. :.It is unfortunantly because we had the plans all done and approved. Clerk Rosenberg: Bornwood owns this piece of property here? Robert Currivan: Yes. Robert Currivan Hearing Page Eight Peter Fontanini: That will knock out the diner. Robert Currivan: Well the diner is agreeable to it, there is another hitch to it. The diner has no way to the street because it is residential. The only way they can get over is through Barbara's land. Clerk Rosenberg: Where is the diner going to go? Robert Currivan: Right there. These people havn't gotten Barbara to agree. The system is all in except up to here. Peter Fontanini: Why don't you bring the sewer across here that would still give the people a way to get to it. What if you continued it on behind another house. Robert Currivan: Well that is a possibility but you would have to go through the state again. Clerk Rosenberg: That would take longer than any other solution. Robert Currivan: So that is my problem. It is not that I am not trying to do anything about it is just that it is impossible. Louie Diamond: You certaninly have been working on it. You have done your best. Peter Fontanini: Is it a war just between those two guys? Robert Currivan: Not exactly you see. This person's land will become much more val.uable if they can get to 106. They would have great visability. Peter Fontanin: Seeing that this is personally owned couldn't you deny them axis to the sewer? Robert Currivan: Yes. But they don't need sewage. Peter Fontanini: How else do they get sewage? How do they connect in? Robert Currivan: They just went up the street to Wood Avenue. Louie Diamond: It sounds like your only solution is to have it pumped. Robert Currivan: I don't know. if I pumped it every two or three weeks if it would go dorm or not. Karl Drown: I don't think it would last even two weeks. Peter Fontanini: I make the motion that we do nothing until the end of June, except if he has a chance, if it is possible to pump it out when ever Karl thinks it is necessary. Robert Currivan Nearing Page Nine Robert Currivan: If you go down and take a look at it every so often and check it out then I will have Paul's pump it out. Karl Drown: As soon as you can dump some gravel along the banks. Robert Currivan: I certainly don't want anyone smelling sewage. It is offensive. Clerk Rosenberg: Let me see if I can summarize the feeling of the Board. The best solution is to have the system pumped as necessary and to put some material along the banks. In June hopefully the court will force the people out then the system can be collasped and filled in. Robert Currivan: I will send you a copy of my summary process. Karl Drown: Like I said I think the Board could help by sending the a letter. Clerk Rosenberg: Let me ask you a question as a lawyer, if we were to send a letter to the court - -it seems to me that in order for the problem to get re- solved first you have to get clearance to finish the sewage. I don't think the court is going to force the people our before the school year is over but from a legal point of view would it help if we were to send a letter to the court asking them to move on this situation? Robert.Currivan: It is possible but the Town allowed it to go in not as a Town sponsored thing but as a private owned thing. I am sure it wouldn't hurt Clerk Rosenberg court? Peter Fontanini: What is the feeling of the Board to sending a letter to the I think it is a good idea. Anything if it will help. Clerk Rosenberg: Would it help if vie sent a letter to the court that is deal- ing with forcing the people out. Robert Currivan: I think it would be more effective. Peter Fontanini: There is no corrective method right now. Clerk Rosenberg: I think the Town should do anything that will help. Like putting down material,and pumping the system out. Karl is that an acceptable solution? Karl Drown: As a temporary solution. Peter Fontanini: I make a:motion that we correct the situation as much as possible through consistent pumping and material, meantime Karl will hold off until the end of June or the first of July as far as correcting the system it- self. If the system needs to be pumped then Paul will come'dot4n and pump it. Also to send letters to both courts regarding the situations of finishing the sewage and the health Lazard as far as the people living in the house in the meantime. (P. Fontanini - L. Diamond, all in favor) Robert Currivan Hearing Page Ten Clerk Rosenberg: I think we need to get,together at the beginning of June to see exactly where we are. Karl will you draft up a letter about what we talked about_ Robert Currivan: Anytime you want a copy of these plans you can have one. I will keep in touch about the court hearings. Hearing Adjourned at 8:45 p.m. DATE CLERK Al IG - ► 1984 BOARD OF HEALTH AGENDA APRIL 11, 1984 Present: Chairman Tartufo, Clerk Rosenberg, L. Diamond, P. Fontanini, Health Agent Drown. Minutes of March 14, 1984 Motion: Minutes of March 14, 1984 not approved due to lack of members. CORRESPONDENCE A memorandum from the Chairman, Board of Selectmen to the Board of Health regarding a joint meeting of all Boards and Commisions on April 11, 1984 at 9:00 p.m., dated March 23, 1984. Motion: Meeting postponed. A letter fpom the Southeastern Association of Boards of Health to the Board of Health regarding the spring meeting which will be held on ( Wensday, April 25, 1984 at the Villa Capri at 7:30 p.m., dated March 27, 1984. A letter from Herbert J. Linn to the Board of Health requesting an extension of the report for soil examination on his property located at 895 East Street, E. Mansfield, dated March 21, 1984. Motion: to grant extension to Herbert J. Linn. (L. Diamond - P. Fontanini, all in favor) Notice to Board of Health about a Conservation Hearing regarding property 101, 105, 163, 167, 171, 175, and 179 Dean Street, Mansfield. The purpose of the hearing is to review all plans and to determine the potential impact to the wetland's public interests, dated March 22, 1984. Notice to Board of Health about a Conservation Hearing regarding property 615 School Street, Mansfield, dated March 22, 1984. Planning Board Minutes of February 29, 1984 Planning Board Minutes of March 7, 1984 Planning Board Minutes of March 14, 1984 Planning Board Minutes of March 21, 1984 Planning Board Minutes of March 28, 1984 U Board of Health Minutes April 11, 1984 Page Two LICENSES MOBILE FOOD SERVICE Selp Help Inc. Mill Street Motion: to waiver the fee and to approve the license (L. Diamond - P. Fontaninin, all in favor) FOOD SERVICE ESTABLISHMENT One -Day, Opening Day Mansfield Little League Memorial Park Motion: to approve (P. Fontanini _ L. Diamond, all in favor) MILK AND CREAM One -Day Opening Day Mansfield_ Little League Memorial Park Motion: to approve (L. Daimond - P. Fontanini, all in favor) FOOD SERVICE ESTABLISHMENT One -Day Arts Festival' Arts Festival Mansfield South Common Motion: to approve (L. Diamond - P. Fontanini, all in favor) MILK AND CREAM One -Day Arts Festival Arts Festival Mansfield South Common Motion: to approve (L. Diamond - P. Fontanini, all in favor) MILK AND CREAM Mr. Nick's Frozen Lemonade and Ice Cream Local Streets in Mansfield Motion: to approve (L. Diamond - P. Fontanini, all in favor) PIG LICENSE Charles Holland 1339 West Street Motion: to approve DISPOSAL WORKS Turtle Brook Inc. 100 Jewell Street Motion: to approve (L. Diamond - P. Fontanini, all in favor) (L. Diamond - P. Fontanini, all in favor) Board of Health Minutes April 11, 1984 Page Three REPORT OF HEALTH AGENT Chairman Tartufo looked over Board of Health budget with Health Agent Karl S. Drown discussing the over drawn accounts. The following four plans were signed by the Health Agent and brought to the attention of the Board: William Travis 217 William Street William Travis 245 William Street LWM Homes 225 Spring Street Cedar Meadows / Cannata 64 Mill Street Report of Rainfall: rain this As of this year to last year we are runinch.a little more more rain year at this time, by about fall this year at this time than last year. A letter of complaint from a Mr. Goddard about a violation on Mr. Grant's land at 440AWare Street. Theiletiertc bplains toout.tGrantumps on Mr. Grant's property. PERCS Brown Quality Building 5 West Street Motion: to approve subject to submission of definitive pan (P. Fontanini - L. Diamond, all in favor) *At 8:00 there was a recess until another Board member was present: *At 8:05 Clerk Rosenberg joined the meeting. *At 8:05 Chairmanionrtufo leaves the meeting and is not present for the following VISITOR AGENDA Mr. Currivan requested a hearing of the Board arding the status (copy attached)� of the septic system at 287 Chauncy Hearing for Mr. Currivan adjournment at 8:45. Board of Health Minutes April 11, 1984 Page Four PERCS Elwood Shepherd Lot 1, 105 Spring Street Motion: to approve using the highest water elavation of the adjourning lots (P. Fontanini - L. Diamond, all in favor) Elwood Shepherd Lot 2, 101 Spring Street Motion: to approve subject to submission of definitive (P. Fontanini - L. Diamond, all in favor) Elwood Shepherd Lot 4, 175 Dean Street Motion: to approve subject to submission of definitive (P. Fontanini - L. Diamond, all in favor) Elwood Shepherd Lot 5, 171 Dean Street Motion: to approve subject to submission of definitive (P. Fontanini - L. Diamond, all in favor) Elwood Shepherd Lot 6, 167 Dean Street Motion: to approve subject to notation that the perc is within 20 feet of wetlands (Conservation Approval) (P. Fontanini - L. Diamond, all in favor) *Chairman Tartufo re- enters the meeting at 9:00 pm. and is involved with the rest of the meeting. OLD BUSINESS Dumpster.Regulations will not be discussed or signed until there is a full Board present. Compo Chemical was told by Health Agent Drown to send the tests in. Motion: to send a letter to Compo Chemical (Edward Rosenberg - P. Fontanini, all in favor) The restraining order on Curvin has been uplifted and will no longer apply until there is a hearing. ADJOURNMENT Motion: to adjourn at 9:16 pm. (L. Diamond - P. Fontanini, all in favor) Aer Date