11/18/2009 BOARD OF HEALTH Minutes

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t 7:30 PIVI 79 Scituate Road —Variance Requests is Peter McEntee of Engineering Works, Inc. introduced himself to the Board as representing the owners of the property at 79 Scituate Road, Mr. and Mrs. Robert J. Maxwell. Mr. McEntee was requesting the following variances for the purpose of a Title Septic upgrade at 79 Scituate Road: 31 OCMl 15.405(1)0 -Contents of LocaI U pg rade A r= 1. A 1' reduction to the required separation between maximum seasonal high ground ►rater elevation and bottom of S.A.S., for a ' separation. Local esulati n: Part IAC-section -Leaching D ista nce_Reg u i r rn n�s . A 32' variance to the 150' requirement for a 118' setback to the well on Lot 412 (House#12 Radcliffe d. . . A 35' variance to the 150' requirement for a 115' setback to the well on Lot 394 (House#18 Radcliffe d. . Glen Harrington presented some background history of the property, stating that there is a catch basin located at the front of the property by the driveway. This property and few other properties behind it are at the bottom of the valley on Scituate road, and there is an excess f water that collects in the back yards of these properties after a heavy rainstorm. Mr. Maxwell, the property owner, has threatened in the past to sue the Town for failure to maintain the catch basin. Glen Harrington stated that he had made Town Manager Joyce Mason arware of the threat by the owner. Glen Harrington felt that there should be further discussion before putting a leaching facility back where there is standing water. Because other solutions exist, Lucy Burton made a motion to deny the variance request for a 1' reduction to the required separation between rna imu m seasonal high groundwater elevation and the bottom of s.AS. and for a ' separation for 79 Scituate Road, due to the flooding in the backyard. F alliope Egloff seconded the motion. All approved. NEW BUSINESS 'I. sign Warrant. Board members signed the warrant. . Approve Public session Minutes: November 4, 2009 Luer Burton rade a motion n to approve the minutes of November 4, 2009 with the changes as discussed. Calliope Eglcff seconded the motion. All approved. 3. Title V Violations: 14 sec n ett Point Road Glen Harrington stated that both he and Veronica Warden went back to 14 seconsett Point Road to check the septic system and found it to be overflowing at the surface of the ground. Per the BOH letter dated 9/28/09 and also the last letter the Burd agreed upon to be dated October 30, 2009, the Federicos, property owners, would be fined $500 per day under the nuisance lags if the septic was breaking through the surfacer and that the fines would accrue until the design plan was submitted to the Board of Health. Glen Harrington stated that the 9/28109 lefter was received, but the 10/30109 2