The meeting convened at 1:07
PM. Present were Timothy P. Stone, Suzanne H. Traini, Public Health Director Paul C. Pisinski and Secretary Barbara M. Luther.

The minutes of the January 13, 2004 were approved with one clarification.

Vouchers totaling $272.96 were approved for payment from the Board of Health Budget. Betterment Loan 2001-04 – Steven M. & Cathy G. Lee - 254 Parkerville Rd. - out of pocket expenses –complete replacement of SDS- $2,100.00 was approved for payment.

Members were briefed on the agenda and any scheduled appointments.

The following License(s) signed by the Public Health Director:

Installer’s Lic. #240118 – Scott Maddocks dba Northboro Septic Service, Inc. RENEWAL
Installer’s Lic. #240117 – Andrew Curtis dba Northboro Septic Service, Inc. RENEWAL
Installer’s Lic. #240120 – Joseph f. Irvine dba J. C. Parmenter RENEWAL
Installer’s Lic. #240121 – George McGuirk dba the CHASE/harris Corp. RENEWAL
Hauler’s Lic. #240119 – Juan J. Alonos dba Airport John RENEWAL
Massage Therapist Lic. #240124 – Helen Lien Nguyen dba Helen Lien Nguyen NEW
Stable Lic. #210126 – Nichol Hornblower – 3 horses - NEW

The following License(s) and Permit(s) were unanimously approved and signed:
Food License
Thomas V. Boiani dba Boiani’s Market, Inc.
Installer’s Licenses
Installer’s Lic. #240127 – Stephen W. Langley dba Rosewood Construction RENEWAL
Installer’s Lic. #240129 – Anthony Maffei dba Maffei Excavating RENEWAL
Septic Systems Permits
SDS Permit #2004006 – 7 Fox Hill Rd. (12/25) New 4 Bedroom
SDS Permit #2004007 – 8 Fox Hill Rd. (12/29) New 4 Bedroom
SDS Permit #2004008 – 9 Fox Hill Rd. (12/26) New 4 Bedroom
SDS Permit #2004009 – 10 Fox Hill Rd. (12/28) New 4 Bedroom
SDS Permit #2004010 – 11 Fox Hill Rd. (12/38) New 4 Bedroom
SDS Permit #2004011 – 13 Fox Hill Rd. (12/37) New 4 Bedroom
SDS Permit #2004012 – 15 Fox Hill Rd. (12/27) New 4 Bedroom

The Following Permit(s) were NOT Approved:

SDS Permit #2004014 – 8 Stowe Rd. (91/6) New 3 Bedroom (No ANR approval to date) The Board’s policy is not to review or consider septic design plans on lots that have not been endorsed by the Planning Board either as ANR or as approved subdivisions.
SDS Permit #2004015 – 7 Pleasant St. (38/72) Complete Replacement 2 Bedrooms The septic design of this system come very close to the lot line and the Board members believe that if the engineer can use an internal pump chamber inside the septic tank there will be room to move the SAS farther away from the property line. In a previous tight issue with lot size on Cherry St., the Board required the barn to come down to accommodate the septic system. This may have to be the case on this site.

DISCUSSION
Members are briefed on the agenda and any scheduled appointments. Mr. Pisinski was asked if he had spoken with D.E.P. regarding Southborough Board of Health’s proposed changes to the new section of the Title 5 Code, which allows subsurface sewage disposal systems to be built in areas with perc rates between 30 and 60 minutes per inch. Mr. Pisinski explained that he had given a copy of the proposed changes to David Boyer and to one of the D.E.P. attorneys that was present when Mr. Pisinski visited the D.E.P. Mr. Boyer did e-mail Mr. Pisinski with his comments, but the attorney said that she would have to review them carefully, but thought that they were okay at first glance. Mr. Pisinski explained Mr. Boyer’s comments to the Board Members and it was decided that they would be read into the minutes of the Public Hearing. It was also decided to add the words “new construction” in section 15.4110 (1) (c) Variances.

Public Hearing – Proposed Modifications to the Title 5 Code sections relating to percolation rate between 30 and 60 minutes per inch. The Public Hearing began at 2:05 PM. A copy of the proposed modifications had been sent to all the engineering firms who most often work in Southborough, but only one firm sent a representative; Mr. John Bensley, of Beals and Thomas. It was noted that the Board would have liked to have representation from other interested parties. Mr. Pisinski read comments submitted by Michael Sullivan, a Registered Sanitarian from the firms of Sullivan, Connors & Assoc. and Connorstone, and from David Boyer, D.E.P.

Mr. Sullivan questioned the need for the 8% slope requirement over the soil absorption system (SAS). His contention was that the Title 5 Code doesn’t allow more than 3 feet of cover over the SAS and the Southborough Board of Health’s proposed modifications to the Title 5 Code would allow no variances within a new system to be built in soils with perc rates of 31 to 60 minutes per inch. Therefore, any design would have to meet the existing Code requirements rendering the 8% slope a moot issue.

Mr. David Boyer, of Central Massachusetts District of the Department of Environmental Protection, e-mailed the following comments: 15.104: Percolation Testing – Mr. Boyer sees no problem with the Board’s proposal to “… require at least three (3) percolation tests in areas with percolation test results greater than 30 minutes per inch. Additional tests in both the primary and reserve area shall be required where soil conditions vary such that the Board or its Agent are completely satisfied that the entire area within the soil absorption system percolates at less than 60 minutes per inch.” 15.245: Soil Absorption System Sitting Requirements – Mr. Boyer believes there is a problem with (6) (a) “the soil absorption system (S.A.S.) area, (both primary and reserve area) including a minimum of twenty-five (25) feet outside the S.A.S. in all directions must have an existing natural terrain slope of 8% or less. Mr. Boyer found no issue with the propose section (6) (b), which defined additional requirements for requiring additional Deep Observation Test Holes to determine that there is a “… the entire proposed S.A.S., including ten (10) feet outside the S.A.S in all directions, have a minimum of four (4) feet of naturally occurring pervious soils. Mr. Boyer’s e-mail advised that in section 15.410: Variances – Standard of Review, (1) (c) “Percolation rates within the Soil Absorption System do not exceed 30 minutes per inch”; there could be a problem with this requirement if the proposed system is an upgrade. However, 15.410 (2) may apply and Mr. Boyer suggested a meeting with Town counsel regarding this issue.

Mr. John Bensley, and Engineer and Certified Soil Evaluator from Beals & Thomas had the following comments: He believes that the document concerning the Board’s modifications is unclear. It appears that the Board is trying to “change the Title 5 Code”, which they cannot do. Mr. Bensley suggested that the final document be presented as an adjunct to the Title 5 Code.
Board Members agreed with Mr. Bensley and agreed to take his suggestion. Regarding section 15.104 (4), Mr. Bensley didn’t agree that additional testing was needed. He believes that two (2) percolation tests with similar soils combined with a soil evaluators look at the land traits would provide enough data to create a design compatible with that site. With regard to section 15.106 (1) (d), again Mr. Bensley feels that including this only causes confusion. This section is already in the Title 5 Code and there are no “low-lying coastal areas…” in Southborough. Mr. Bensley objects to 15.245 (6) (a) “the soil absorption system (S.A.S.) area, (both primary and reserve area) including a minimum of twenty-five (25) feet outside the S.A.S. in all directions must have an existing natural terrain slope of 8% or less…” believing that it is not necessary. Mr. Pisinski explained the reasoning behind the proposal. To achieve the necessary slope installation would require more that 3 feet of fill over the S.A.S. As the Code doesn’t allow more that 3 feet of fill over the S.A.S, a design of more that 8% slope could cause undue and difficult delays where a partial system and the completion of a house waits for a redesign to be done. Members stated that they would take this issue under advisement and possibly modify it somewhat. Mr. Bensley continued through the document pointing out sections that show no change from the Title 5 Code and also pointing our some typos. He advised that in his copy section 15.251: Trenches - “The area between trenches may be designated as system reserve area only where the separation distance between the exaction sidewalls or the trenches is at least nine (9) feet.”, is not singled out (bolded) as being an adjunct to the Title 5 Code. Also Mr. Bensley doesn’t agree that it is a good addition because it will require more grading, which is something the Board of Health has indicated they don’t want. Mr. Bensley also believes that it will create a larger S.A.S. than is necessary. Mr. Bensley explained that there is science behind the six (6) foot separation between the trenches and the bio-mat that is created when a system fails. A systems needs the capacity for .15 gallons per day per square foot in a 60 minute per inch perc area to allow the bio-mat to properly form. One member explained that the reason he felt the nine (9) foot separation was necessary had to do with dispersion of the fluid and lateral spread rather than the bio-mat. It was explained that when you cut down the application rate to .15 per square foot you create a slower dispersion. The Board Member felt that the nine (9) foot separation related to the volume flow rather than anything else. Mr. Bensley stated that he agrees with the Department of Environmental Protection; the Board needs to allow variances for repairs and upgrades. The Board explained that the intent is to prohibit variances on new construction only. Mr. Bensley left at 2:45 PM.

A Board Member stated that a “subsection” to the Title 5 Code should be created. Mr. Pisinski was asked to locate the book that contains all of the Board’s previous adjuncts to the Title 5 Code and bring it up to date. The consensus of the Board was for Members and the Public Health Director to review all the information from the Public Hearing and come up with a new format. Mr. Pisinski was also asked to develop a draft of a new fee schedule. Board Members also asked that a letter of thanks be sent to Mr. John Bensley.

Daniel McIntyre Civil Engineering Consultant – Letter re: 98 Woodland Rd.
Mr. McIntyre explained that his design has placed a corner of the septic tank 20 feet from the wetland, when Title 5 requires 25 feet. He requested a local upgrade waiver approval for the 20-foot setback. The consensus of the Board was to see if the tank could be repositioned slightly and have the change picked up on the As-Built. This is an upgrade and the Southborough Conservation Commission’s no build setback is 20 feet not 25 feet.

Complaint Letter from Mr. & Mrs. LeDuc, 15 Ward Rd. re: 13 Ward Rd. Business in a Residential Area.
The Board Members were given a copy of a “formal Complaint” letter regarding concerns about a business offering Yoga and Pilates Classes now with the intent of adding a pool for aqua yoga and Pilates classes this summer. The Board asked Mr. Pisinski to send a response letter to the complainant advising that Board of Health regulations don’t require a license for someone to operate a Yoga Class. If the pool is used for classes or birthday parties, then it becomes a Semi-Public Pool, and would need a license from the Board of Health and would have to obtain the services of or become a Certified Pool Operator under Massachusetts State Law.

Report from Public Health Director Re: D.E.P. Hearing on Trottier School Draft Order of Consent
Mr. Pisinski attended a meeting with the Department of Environmental Protection, Southborough Town Counsel, Aldo Cipriano, and Southborough Facilities Coordinator, Basilio Diaz. Assistant Superintendent, Brad Jackson was scheduled to attend the meeting but was unable to attend. The Purpose of the meeting was to try to get the Order Of Consent diminished. The School Department believes it to be “over kill”. The Department of Environmental Protection (D.E.P.) wanted an explanation of the “Provisional Permit”, which has been issued by the Southborough Board of Health. Mr. Pisinski explained that some of the requirements of the septic design plan had not been completed, specifically the Operation and Maintenance Manual for the BioClere System. To date the Board has received no such document. There are no nitrogen sensitive areas in Southborough to require the use of the BioClere, however, Design Engineer, Rob Gemma put it in as a “stop gap” because schools are notorious for not maintaining their systems. The D.E.P. order references nitrogen sensitive areas, and the School wished to dispute the contention that there are any nitrogen sensitive areas and therefore, the presence of the BioClere is more than enough treatment. D.E.P., however, in approving the second variance request decided that the BioClere is necessary, added a required chemical feed mix, and etc.
D.E.P. is concerned because they have not received all the annual reports that the School is required to submit, and now Weston and Sampson has reported a propylene glycol spill. The BOD readings of 2500 milligrams per liter, which were found at the school, are ten times more than would be found in a large restaurant. D.E.P. believes that if they don’t “keep the School Committee’s “feet to the fire”, and threaten a fine for none compliance, the school will continue to ignore the system and not take its maintenance seriously. D.E.P. wants an Operation and Maintenance Manual now! Attorney Cipriano will report back to the School Committee regarding the D.E.P. findings, emphasizing that they must comply.

A Board Member asked who is to produce the needed documents. Mr. Pisinski explained that it should be Rob Gemma, of MetroWest Engineering or Weston and Sampson, however, Rob Gemma may not have been paid. Mr. Pisinski was asked to right a letter to Attorney Cipriano advising him that they understand that he has assumed the lead role in ensuring that the School Committee will sign the Order of Consent and remain in compliance. A copy of the letter should be forwarded to Superintendent Robert Melican and Asst. Superintendent Brad Jackson.

Marlboro Motor Oil Recycling Program
Mr. Pisinski told the Board of his conversation with Mr. Don Cusson of the Marlboro Fire Department. Mr. Cusson runs Marlboro’s program that recycles motor oil. Mr. Pisinski recounted his discussion regarding the program. Marlboro only receives motor oil from town vehicles, on a schedule, which allows Mr. Cusson to insure that no other contaminants are present in the oil. Mr. Cusson would be happy to arrange a tour of the Marlboro program. Board Members asked that Mr. Pisinski to schedule a meeting.

Town Counsel’s Attendance to advise the Board on what can and cannot be delegated to the Public Health Director.
A Board Member asked Mr. Pisinski if he had asked Attorney Cipriano to attend a meeting to further explain a letter he sent the Board regarding what duties can and cannot be delegated to the Public Health Director. Mr. Pisinski advised the members that he had made the request of Town Counsel and Attorney Cipriano’s response was that he wanted to meet with the full Board not just 2 members. Mr. Pisinski was asked to again request the Attorney Cipriano attend the next meeting, which will be held on Tuesday, February 10, 2004 at 1:00 PM, and to further explain that the two Board Members making the request have no way of guaranteeing that all members will be present at any meeting.

Region 4A Emergency Preparedness Grant
The Southborough Board of Health is eligible for a little over $1,000 in grant money from the Region 4A Emergency Preparedness Consortium. The Board discussed possible uses of the money.

Paul C. Pisinski’s Request for Vacation. Mr. Pisinski advised the Board Members that he would like to take from March 22 to April 8, 2004 as vacation time. Board Members approved the time off.

The meeting adjourned at 4:45 PM

Respectfully submitted by: Barbara M. Luther, Secretary to the Board of Health