TOWN OF
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The Northbridge Board of Health approved these
minutes at a meeting held
This meeting was
called to order at 7:00 PM by Mr. Paul McKeon, Chairman. Other members present
were Mr. Steven Garabedian and Ms. Ann Marie Thompson. Mr. Chris Cella and Mr.
Scott Chase were absent. Also present was
Minutes: A motion was made by Mr.
Garabedian to accept the minutes of November 27, 2007. Motion seconded by Ms.
Thompson; the vote was 3-0 in favor.
Sunset Drive –
Drainage Easement – Discussion:
Present for
this discussion were Mr. Burnham Miller, Mrs. Elizabeth Miller, Mr. Richard
Bedrosian, Mr. Jason Poquette, Mr. Gerald McManus, Mr. Steven Stanely, and Ms.
Tara Trufan, all residents of Sunset Drive. Mr. McKeon informed those present
that the Board had invited Mr. Burnham Miller to attend this meeting only to
provide some history to the Board with regard to the drainage easement located
on the Kroll property as the Board has received several letters from the Kroll
Trust expressing their concerns about that area. Mr. McKeon stated that the
records of the Board of Health regarding this situation are minimal as the
Board of Selectmen served as the Board of Health at that time.
Mr.
Miller stated that he and his wife Betty have lived at Sunset Drive since the
very beginning. He stated that in 1954, on the next day after three cellar
holes had been dug on Sunset Drive, Irving Fisher, the builder, found over a
foot of water in each cellar hole. He stated that H. Cedric Andrews, the
Northbridge Building Inspector, designed a drainage system to correct the
problem. In 1959, the Board of Health determined that the developer did not
complete the drainage system and had gone into bankruptcy. The eight home
owners had to pay for the construction of the leach field on Mr. & Mrs.
Maynard Kroll’s property at the end of Sunset Drive. The George W. Rice
Company, owners of
Mr.
Miller stated that in 1965, the Board of Health found that the developer,
Irving Fisher, had not constructed leaching fields to the metal septic tanks
but tied the tanks indirectly into the drainage system. Each property owner was
required to install a concrete septic tank and a leach field. Mr. Miller
believes that one owner was allowed to have a deep cesspool that was below the
hardpan layer of earth. Mr. McKeon questioned if that was the property
previously owned by Archie Ballou. Mr. Miller stated that it was. Mr. McKeon
stated that he just recently, a few years ago, changed that tank from a metal
tank to a concrete tank.
Mr.
Miller continued by informing the Board that in 1965, all owners were told to
discontinue putting the washing machine water into the drainage system. He
suggested that the Board inform all present owners of this notice as most may
not know of its existence.
Mr.
Miller stated that since 1960, in the spring of each year, the volume of water
entering the drainage system has caused water to escape at the lower end of the
leach field. He stated that this is the result of not only the volume of water
but also the slope of the land.
Mr.
Miller informed the Board that there is no Sunset Drive Association as
suggested in the recent correspondence received from Mr. Arthur Kroll. Mr.
Miller suggested ways in which the drainage problem could be addressed.
Mr.
McKeon read from the Kroll correspondence that states if the leach field is
found to be in failure then the owners must cease allowing grey water into the
leach field and only allow surface water to enter as originally required.
Mr.
McKeon noted that the original easement was with Rice & Co. to put the
leach field in. Another easement has the Town of
1. The owners of said Lots 1,
2, 3, 4, 6, 7 and 8, shall have the right to use said drainage system and leach
field for the disposal of water from their household washing machines or wash
trays, in addition to using the system for disposal of surface water, until
such time as the leach field fails by either creating a noticeable odor or
causing a situation which can be visually observed on the surface of the
ground.
2. In the event said leach
field fails as above described, either by an odor or a visually observeable
condition on the ground, then the owners of said Lots 1, 2, 3, 4, 6, 7 and 8
shall forthwith cease to use said drainage system and leach field for anything
other than the discharge of surface water and shall immediately take such steps
as may be necessary to eliminate all odors and visual evidence on the ground
for all time in the future.
Mr.
McKeon noted that the agreement (Recorded November 29, 1965) did not state that
they could no longer use the leach field, just that they would need to
eliminate allowing any washing machine water from it. He noted that the
agreement does not state that the residents must fix it – only that they cease
allowing grey water into it. Mr. McKeon stated that it appeared to be pretty
simple but that this may need to be reviewed by Town Counsel. He also suggested
that the Board could send letters to each homeowner informing them that it is
illegal to allow grey water (washing machine water) from entering the drainage
leach field.
Mr.
McKeon questioned the easement that was granted to the Town of
Ms.
Trufan questioned how this matter can be resolved. She stated that she has no
problem with someone from the Board of Health coming into her home to see that
her laundry is connected to her septic system and not the drainage leach field.
Mr. McKeon stated that her property is fine as her septic system was just
recently upgraded in accordance with Title 5 regulations. He stated that he
knew that as he was the septic system installer for her system.
The
Board reviewed the records of the office and found that 48 Sunset Drive has a
2000 system and that 47 Sunset Drive has a 1997 system. Mr. McManus of 36
Sunset Drive stated that his system was replaced in 1988 – Board of Health
records were on file but an as-built was not which is typical for systems
constructed prior to 1990. Title 5 inspection reports are on record for 5, 24,
and 35 Sunset Drive.
The
Board is scheduled to meet with Arthur Kroll on January 8, 2008.
Ms.
Gniadek stated that she conducted a site visit of the landfill with Dave Billo
from Beta Group. The slopes of the landfill will need to be mowed next year and
an area of large holes needs to be filled back in. Mr. McKeon asked that Ms.
Gniadek speak with Highway Superintendent Arthur Magowan about having the holes
filled. As the Highway Department has been extremely helpful in removing debris
from the property, she asked that the Board acknowledge their assistance by
sending a memorandum of thanks to the department. The Board agreed to do so.
Tom Berkowitz
Trucking - Site Assignment Modification – MEPA Review: Ms. Gniadek advised the
Board that the Environmental Notification Form (ENF) for the site assignment
modification to allow 100 tons per day at the Berkowitz Trucking site
assignment (currently permitted at 35 tons per day) has been published in the
Environmental Monitor and that the deadline for submitting comments is December
31, 2007. (Town Manager Theodore Kozak joined the Board of Health meeting at
this time.)
Mr.
McKeon asked Ms. Gniadek if there was anything in the ENF that the Board needed
to comment on. She stated that the only thing that struck her was that the
application notes that the Riverfront Protection Act does not apply yet the
Notice of Administrative Deficiency issued by the Department of Environmental
Protection (DEP) for the site assignment modification indicates that the
applicant must seek a Request for Determination (RDA) from the Northbridge
Conservation Commission for a determination of the Riverfront Area. The
Northbridge Conservation Commission has not received an RDA from the applicant
as of this date.
Ms. Thompson
motioned to submit comments in accordance with the Administrative Deficiency
notice of the DEP which noted the applicant’s requirement to submit a Request
for Determination with the Northbridge Conservation Commission for a
determination on whether the parcel is subject to the Riverfront Protection Act
questioning how the ENF application can proceed prior to that determination
being made. Motion seconded by Mr. Garabedian; the vote was all in favor.
In
other related business, the Board reviewed the semi-annual site inspection
report for the facility as prepared by Norfolk Ram Group dated December 7,
2007 (site inspection occurred on November 30, 2007). Ms. Thompson noted that
the facility has still not completed its Stormwater modifications and that wood
waste was not ground in a timely manner. Wood was stored for a period of 118
days which exceeds the 90-day speculative accumulation limit for wood to be
recycled. Waste oil storage also exceeded the 180-day accumulation limit – it
was stored for a period of 298 days. Ms. Thompson expressed her concern that
this facility has problems handling the 35-tons per day that they are permitted
to handle now so how are they going to be able to handle 100 tons per day. Mr.
McKeon commented that the oil storage was from their own trucks and that they
do not collect any other oil. The Board noted that dry weather was not an
excuse for speculative accumulation and that the owner must have a policy to
deal with the wood that accumulates at the property – it either needs to be
chipped and grinded or it needs to be removed from site. It was agreed that
these comments would be appropriate if/when a public hearing is held by the
Board to consider the tonnage increase. No further action by the Board at this
time was felt to be necessary.
Annual Report -
2007: The
Board reviewed and approved the 2007 annual report of the Board of Health as
prepared by Ms. Gniadek.
Patriot
Disposal – Permit Renewal/Outstanding Fees: Ms. Gniadek informed the Board that Patriot
Disposal, a trash hauling company, had submitted their application for renewal
of their trash hauler license. As the company is delinquent in submitting
quarterly tonnage reports and had been issued a non-criminal citation in the
amount of $200, the company was notified that these outstanding issues must be
addressed prior to renewal of their license. The matter was before the Board
for consideration of issuing a third citation in the amount of $300 as these
matters remain unresolved. Ms. Gniadek stated that she spoke with the company
today and that they assured her that these outstanding issues would be
immediately resolved.
Motion made by Ms.
Thompson that if the citation is not paid and the quarterly reports are not
received by Monday, December 17, 2007, then Ms. Gniadek is to issue another
citation in the amount of $300 as this would be their third penalty this
calendar year. Motion seconded by Mr. Garabedian; the vote was all in favor.
Correspondence:
Correspondence dispersed to the Board included:
1.
Berkowitz
Trucking – Wood Chipping Notification for the month of December
2.
Planning Board
Memo – Withdrawal of Oakhurst Farm Site Plan
There being no further business, motion to
adjourn at 8:00 PM was made by Ms. Thompson, seconded by Mr. Garabedian – all
in favor.
Attested by,
Jeanne M. Gniadek, Administrative
Assistant