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Home My WebLink AboutDecision - 29 GRANVILLE LANE 8/27/2015 I North Andover Board of Health Meeting Minutes Timars(lay-- August 27, 201 7:00 p.m. 120 Main Street,2"d Floor Selectmen's Meeting Room North Andover, MA 01845 Present: Thomas Trowbridge,Larry Fixler,Frank MacMillan,Joseph McCarthy,Susan Sawyer,Michele Grant,Lisa Blackburn L CALL TO ORDER The meeting was called to order at 7:00 pm. if. PLEDGE OF ALLEGIANCE III. PUBLIC HEARINGS IV. APPROVAL OF MINUTES A. The meeting minutes from June 25,2015 will be presented for signature at the next 130H meeting. V. OLD BUSINESS VI. NEW BUSINESS A. 29 Granville Lane-John Morin representing the owners of 29 Granville Lane,requested a LUA to reduce the separation distance fi•om the soil absorption system to the estimated seasonal high ground water table from 5'to 4' (3 10 CMR 15.405(1)(h)(2).Mr. Morin gave a detailed presentation including the background history on the current failed septic system and the location of the proposed new system.Due to an existing in-ground pool,wetlands and other issues,there wasn't a possibility to put the new septic system in the backyard.Although the back of the new system is about 4.8' above the water table which almost meets the 5' set back,the front of the system would require the LUA.The system will require a small block wall or boulder retaining wall since the new system needs to be raised up.Dr.Trowbridge looked at the plan and asked for clarification on the lot lines.Dr. Trowbridge asked Mr. Ottenheimer,Mill River Consultant,if there were any issues as far as the abutting property or street were concerned.Mr. Ottenheimer stated there were not.Mr.Ottenheimer also stated that he thought that the design plan was well thought out and didn't see a reason for the LUA to not be granted.Dr. Trowbridge asked Mr.Morin if they needed to go before Conservation.Mr. Morin stated that they had to file with Conservation and that they were issued a permit. MOTION made by Dr.Macmillan to approve the LUA as requested and stated on the plan dated.Motion was seconded by Mr.McCarthy.All in favor and the motion was approved. B. 700 Middleton St.-James Herrick,filling in for Jim Morin,representing the owners of 700 Middleton Street,requested: 1. A Local Upgrade Approval request to reduce the setback distance from the private well to the proposed leach field of 77 feet where 100 feet is required. (3 10 CMR 15.405(1)(g) 2015 North Andover Board of Health Meeting Page 1 of Board of Health Members: Thomas Trowbridge,DDS,MD,Chairman;Larry Finder,Member/Clerk;Francis P.MacMillan,Jr., M.D.;Joseph McCarthy,Member; Edwin Pease,Member Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Lisa Blackburn,Health Department Assistant 2. A Local Upgrade Approval request is required to have only one test pit in the proposed leach field area where two are required. (3 10 CMR 15.405(1)(1) 3. A local Upgrade Approval request of setback distances of wetlands to a SAS of 51 feet where 100 feet is required, Mr.Herrick gave a detailed presentation regarding the failed septic system and the new proposed septic system.The new system will be generally in the same area of the existing failed system,which is the only place to put the system.Mr.Herrick stated that they filed a notice of intent with the Conservation Commission but has not met with them yet.They need the approval from Board of Health before they can go before Conservation.Mr.Herrick reviewed the proposed septic plan with the board members.Mr.McCarthy asked Mr.Herrick if the property has a well.Mr.Herrick stated that there is a well. The law requires a system to be 100 ft. from a private well to a proposed leach field area.The LUA of 77 ft. is being requested.Dan Ottenheimer,Mill River Consultant,stated that the risk of contamination of the well water is unique to each site,not the specific distance from the septic system. The state regulations list 100 ft. as an appropriate separation.Dr.Macmillan asked Mr. Ottenheimer if the board had enough information to respond to the LUA's and what would Mr. Ottenheimer suggest.Mr. Ottenheimer stated that is pursuant to the state rules,the town Board has authority to allow the distance reduction.He stated that there could be three possible answers. 1. Approve what was proposed,2.Install a treatment system or 3.Approve what was proposed but have the well water monitored as in a sample drawn once a year.Mr.Herrick asked if there were samples drawn and the water was contaminated,how you would determine where the contamination came from. He stated that the current well is up gradient from the system. It would be difficult to prove that the new septic system is causing an impact to the well water.Mr.McCarthy asked if the new system is in the same area as the failed system. Mr.Herrick stated yes and that the failed system is 30 years old. Mr.McCarthy asked if the well water had been tested and Mr.Herrick stated he was unsure.Mr.Fixler suggested getting a water test now to get a baseline.Dr. Trowbridge looked at the plan and discussed the abutters to the property.It is very unlikely that they would have an impact the well water.A discussion ensued regarding the impact the new septic system could have on the well.Dr.Trowbridge asked if the water tested clean now,but in 2 years came back contaminated,what would then be the Board's responsibility. A discussion ensued regarding a water treatment system.Mr.Herrick stated that the new system will be doing a better job than what is now there.Mr.Fixer asked what the approximate cost of a pre-treatment system would cost.Mr.Herrick replied that tanks cost around $8000 plus the electrical components and regular maintenance.Dr.Macmillan stated that he felt uncomfortable approving the LUA's without a pre-treatment system. Mr.McCarthy stated he isn't concerned and that he would feel comfortable approving the LUA's because the water flow path is away from the well.Dr.Macmillan stated that there are also wetlands on other sides of the property. Mr.McCarthy stated that it is an upgraded septic system and you can't prove that it will fail. The board then referred to Mr. Ottenheimer concerning the septic plans.Mr. Ottenheimer stated that they completed the initial review in June and didn't receive any revised plans until this week. There were two revisions that came in this week alone. There are still some technical questions that need to be considered.Dr.Trowbridge asked Mr. Herrick if there was any way of waiting until next month's BOH meeting to make a decision. Mr. Herrick was not aware of the schedule for the homeowner or others concerned. The Board will refer to Mr.Ottenheimer to work out the concerns with Mr.Herrick. A vote was made by Dr.Macmillan to table the request for the LUA's until the next BOH meeting on the fourth Thursday of September.The vote was seconded by Mr. Fixler.All were in favor. C. 186 Ingalls St.-Vladimir Nemchenok,representing the owners of 186 Ingalls Street,requested two LUA. 1. Setback from S.A.S.to FDTN from 20'to 15' 2. Vertical offset from S.A.S.to E.S.W.T,from 4'to 3.5' Mr.Nemchenok gave a detailed presentation on the proposed new septic system and the existing well. A discussion ensued regarding the placement of the new system and the reasons for the requests. The new tank will be put in the same location but in a different angle.The septic is designed for a three bedroom house.Dr.Macmillan asked Mr. Ottenheimer what the best practices are in this situation.Mr. 2015 North Andover Board of Health Meeting Page 2 of 4 Board of Health Members: Thomas Trowbridge,DDS,MD,Chairman;Larry Fixler,Member/Clerk;Francis P.MacMillan,Jr., M.D.;Joseph McCarthy,Member; Edwin Pease,Member Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Lisa Blackburn,Health Department Assistant i North Andover Board of Health Meeting Minutes 1 Ttiurstlay .._Au ost 27, 201 7:00 p.tn. 120 Main Street,2°`� Floor Selectmen's Meeting Room North Andover, MA 01845 Ottenheimer stated that he has done a thorough review of the proposed plan and what is being asked is not unreasonable. MOTION made by Dr.Macmillan to approve the LUA as requested and stated on the plan. Motion was seconded by Mr.Fixler.All in favor and the motion was approved. VII. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION A. A discussion regarding walk-ons to the BOH meetings. Mr. Ottenheimer stated that in the local regulation,section 8.4,it is stated that no hearing will be scheduled unless the design plan or other information submitted has been reviewed and found to be technically complete and accurate. This clearly addresses walk-ons to the BOH meetings unless considered an emergency.Michele Grant asked the board members if they would want an approved plan through Mill River pending any LUA's before having them come before the board.Dr.Trowbridge stated that in general it is the overall intent. Ms. Grant confirmed with the board that unless there is an emergency,written notice needs to be given before the meeting agenda deadline along with an approvable plan through Mill River.Dr.Macmillan stated that there is a process for a purpose which is to protect the public health. B. Susan Sawyer discussed notification of one human case with West Nile Virus in Middlesex County. The recent preventative measures of spraying the perimeters of the North Andover fields and schools were a prudent action. It was a great opportunity before school starts and the weather starts to get cool. She cautioned to wear repellents and be careful between the dawn and dusk hours.Although mosquito activity slows down in cooler weather after Labor Day,she still urges everyone to be cautious and take preventative measures even though there are fewer mosquitos around in the cooler weather. C. Susan Sawyer reminded the Board that the new Tobacco Regulations will take place on September 1, 2015.All retailers have been notified and everything went smoothly. VIIL. CORRESPONDENCE/NEWSLETTERS IX. ADJOURNMENT MOTION made by Dr.Macmillan to adjourn the meeting.Mr.Fixler seconded the motion and all were in favor.The meeting was adjourned at 7:55 pm. Prepared b Lisa Blackburn, Health Dept.Assistant Reviewed bv: 2015 North Andover Board of Health Meeting Page 3 of 4 Board of Health Members: Thomas Trowbridge,DDS,MD,Chairman;Larry Fixler,Member/Clerk;Francis P.MacMillan,Jr., M.D.;Joseph McCarthy,Member; Edwin Pease,Member Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Lisa Blackburn,Health Department Assistant I All Board of Health Members&Susan Sai,ger, Health Director Signed bx: Larry Fixle i, lerk f the B and Date Signed J 2015 North Andover Board of Health Meeting Page 4 of 4 Board of Health Members: Thomas Trowbridge,DDS,MD,Chairman;Larry FLder,Member/Clerk;Francis P.MacMillan,Jr., M.D.;Joseph McCarthy,Member; Edwin.Pease,Member Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Lisa Blackburn,Health Department Assistant