1:30 PM at Mt. Vickery Rd., and
2:30 PM at McAuliffe Hearing Room, Southborough Town House

An initial site walk was scheduled for 1:30 PM at Mr. John Gulbankian’s House lot at number 15 Mr. Vickery Road. Paul C. Pisinski, Public Health Director; Ruth Brefka, Board Member; Nancy Sacco, Board Member; Casey Collins and Richard Wamback, Owners of CR Builders and number 16 and 18 Mt. Vickery Road house lots; John Gulbankian; Michael Gulbankian: Michael Dean of Guerriere and Halnon (Engineer/Soil Evaluator for John Gulbankian’s original Septic Plan); and arriving 15 to 20 minutes later Mr. Michael Sullivan of Connorstone Engineering, engineers for the two septic system plans at 16 and 18 Mt. Vickery Road; and, Dr. Louis Fazen, Chairman Southborough Board of Health.

Mr. Pisinski started the walk by showing everyone the tributary to the left (west) of 15 Mt. Vickery Road and pointed to Mr. John Gulbankian’s septic system and explained why he needed to hold the 200 foot setback distance for his septic tank and leach field. Everyone walked along this tributary, which continuously flowed north to its confluence with another channel/ditch, which continuously flowed east where it then entered a large concrete 30 inch diameter pipe, which flowed north again and under an old abandoned railway trestle. He explained that this pipe emptied into another channel which led directly into the Sudbury Reservoir (a State classified surface water supply). Mr. Pisinski then led everyone to another flow of water, which drained a wetland to the east of John Gulbankian’s house. He pointed to the places where these areas of slow flowing water were interrupted by blockages of wetland vegetation and clumps of soil, indicating that the flow was not continuous.

Mr. Sullivan then explained to all present that his firm, Connorstone Engineering, had flagged this wetland area for Southborough Conservation Commission and Board of Health code enforcement and setback distance purposes and never felt the flowage though this wetland constituted a tributary as did the continuously flowing channel to the west of John Gulbankian’s house. Mr. Sullivan then proceeded to lead everyone to the two proposed septic systems at 16 and 18 Mt. Vickery Rd. across the street from John Gulbankian’s house. Mr. Sullivan showed the area of the proposed soil absorption system (S.A.S.), which were clearly staked out and indicated that each system would be greater than 200 feet to the known tributary and greater than 100 feet to the wetland flagging (bordering vegetative wetland).

The Board members asked Mr. Sullivan his opinion if the proposed septic systems at 16 and 18 Mt. Vickery Road could pollute the wetland on the other side of the road (north side) and which surrounded John Gulbankian’s house on two sides. Mr. Sullivan answered that the septic system as designed could not pollute the wetland.

The Board then proceeded to discuss their findings, observations and decisions regarding 16 and 18 Mt. Vickery Road proposed septic system plans at a reconvened meeting in the Thomas McAuliffe Hearing Room at 2:30 PM. Those present for this continued Special Board of Health Meeting were Dr. Louis Fazen, Ruth Brefka, Nancy Sacco and Public Health Director, Paul C. Pisinski. The Board members asked Mr. Pisinski to again explain his interpretation of the Title 5 Code definition of Tributary. He explained that the Board Members at the time when the Title 5 Code was changed in 1995 initially had some difficulty interpreting the Code’s definition and had asked the assistance of Mr. James Fuller of the Central Regional Office of D.E.P. to come to a Board of Health meeting to discuss this and a few other Title 5 issues. He explained that Mr. Fuller’s interpretation laid specific reference to the word “channel” in the code definition and that Mr. Fuller had discussed this word “tributary” with other D.E.P. employees and that all agreed the flow had to be a continuous run, a well defined channel in the ground and had to be uninterrupted all the way to the reservoir. Interruption by storm-water retention basins or wetland where the stream briefly or “ephemerally” disappeared does not constitute a continuous channel flow and therefore would not be classified as a tributary necessitating a 200 foot setback for leaching areas or septic tanks. Mr. Pisinski further indicated that Mr. Fuller also cautioned Board of Health officials not to confuse phrases such as “hydro geologically connected” or “hydraulic connection”, which are more commonly referenced in wetland by-laws and the State Wetland Protection Act, Chapter 131, section 40.

The Board then discussed the letter from Mr. Michael Dean, P.E. to the Southborough Conservation Commission dated March 15, 2006, and the implications to the proposed septic systems at 16 and 18 Mt. Vickery Road. The Board Members asked Mr. Pisinski if his opinion regarding the flow of water through the wetland next to and east of John Gulbankian’s house met the definition of a tributary under the Title 5 Code and he answered that it did not. Dr. Fazen asked Mr. Pisinski to explain how effluent from a soil absorption system (S.A.S.) flows and how and when it changes character and if it could pollute the wetland next to John Gulbankian’s house. Mr. Pisinski described the basics of effluent and pathogenic attenuation through various types of soil media; the formation and importance of the biomat which forms and grows under the S.A.S.; the separation distance between the seasonal high water table and the bottom of the S.A.S.; his and Mr. Sullivan’s training Certifications as Soil Evaluators; his taking of advanced courses in soils, hydric soils, and other related disciplines and the specific site conditions at Mt. Vickery Road would not adversely impact Mr. Gulbankian’s property, and would not pollute Mr. Gulbankian’s property or adversely impact the wetland in any way.

The Board unanimously agreed to write a letter to Michael Dean, P.E. of Guerriere and Halnon, Inc. the engineer for Mr. Gulbankian with copies to Mr. Gulbankian, the Southborough Conservation Commission and the applicant for the septic systems at 16 and 18 Mt. Vickery Rd. indicating that the flow of water through the wetland did not meet the definition in the Title 5 Code of tributary; the wetland was indeed hydraulically connected to the tributary which ultimately flowed to the Sudbury Reservoir but that this tributary was over 200 feet away from the proposed septic systems and that if Mr. Gulbankian continued to be dissatisfied by the Board’s decision he had to seek relief through some other means.

Respectfully submitted by Paul C. Pisinski, Public Health Director