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Board of Health, March 2, 2009 TOWN OF SCITUATE MASSACHUSETTS Board of Health Present were Chairman, Frank Lynch and members Russell Clark and Michael Vazza, Director Jennifer Sullivan and Secretary Pam Mullin. Motion by Russell Clark to approve Agenda and Meeting Minutes of January 21, 2009, seconded and approved unanimously. 7:10 p.m. 347 Central Avenue/Public Hearing/Grady Consulting/Akerblom Rick Grady presented for the homeowner. There were no abutters present. Variances/upgrades requested: Reduction in lateral excavation of unsuitable material from 5’ to 1’ Must go to DEP for approval and have a deed restriction for the number of bedrooms. Motion by Michael Vazza to approve, seconded and approved unanimously. 7:20 p.m. Revocation of Massage Regulations/Public Hearing Motion by Russell Clark to revoke massage regulations, seconded and approved unanimously. 7:30 p.m. Scituate Shell/Public Hearing/Tobacco Violation Jim Wells from the South Shore Tobacco Control Board was present. The proprietor was not present. This is the second sale within one year of the last violation. Sixth violation since new ownership. Impose $200.00 fine and issue seven (7) day suspension for the sale of tobacco products. Include verbage in letter to proprietor that his/her next step will be revocation of tobacco license. Motion by Russell Clark to approve, seconded and approved unanimously. 7:40 p.m. Inly School/Public Hearing/Title 5 System Conditions Present were Engineer John Chessia, Linda Shropshire Business Manager for Inly, Thomas Behima(?) and Dr. Robert Hopkins Proposed Modification to Decision and Order of the Board of Health (Inly School) 1. The population of the buildings (students, teachers, staff) may not exceed 225 persons: Proposed change: Delete this section and replace with the following: “Flow to the leaching system within the easement on the now or formerly “Hopkins” property shall not exceed 2250 gallons per day. To limit flow to this leaching system, the pump controls shall be modified to include flow timers that will limit the run time of the pumps for a 24 hour period such that each pump will alternate and be limited to a flow no more than 1125 gallons in said 24 hour period. Total flow from both pumps combined shall not exceed 2250 gallons per 24-hour period. Hopkins comments: 1. The population of 225 persons was the design criteria for the system under 15 CMR Section 203 and reasonably represents a limitation on the “daily, full-time occupancy” of the Upper School buildings. With a total full-time school population of 336 (per point 9) there are an additional 111 persons using, minimally, the Arts Barn on a daily basis. Additionally, the Arts Barn is used for a variety of after school functions and weekend events. There is no data available in public record associated with monitoring the annual flow through this system to support a request for disregarding the Title 5 design criteria. However, in the interest of a better method for determining flow into this system, the septic flow pump monitoring system in gallons of flow per day is reasonable. But flow data for design/occupancy determinations is not permitted unless requested per 15 CMR 203(6) and must be granted by the Board of Health as a variance that conforms with 15 CMR 416. Otherwise, any limitation imposed by the original criteria would not be valid under Title 5. Dr. Hopkins pointed out that this is a constant voltage supply, suggested using an accurate Doppler measuring device to time pump output. Monitor by metering. Currently this is an estimated flow, not a calibrated outflow. Dr. Hopkins requested the Director contact DEP for their opinion. Chairman Lynch requested Inly School provide their records of flow meter readings. This item will be the subject of further discussion at the Board of Health meeting on Monday, April 13, 2009. 2. An approved as built plan is filed with the Board of Health within 30 days. (Inly) Proposed Change: Delete this section entirely, as built plans have been filed. Hopkins comment: If the septic flow pump monitoring system is adopted, a new as built plan would have to be prepared to document the new pumps, design flow, use of the overflow tank, alarm system, etc. Submit engineering drawing. 3. The system, including the pump and alarm systems must be inspected and tested by the Director of Public Health and TMCS’s Professional Engineer and certified in proper working order, thereafter, TMCS shall conduct yearly inspections of the system and submit the inspection report to the Board of Health including copies of the schools water records for the time period. (Inly) Inly School shall conduct yearly inspections of the system and submit the inspection to the Board of Health including copies of the schools water bills for the time period. Hopkins comments: The term “inspection reports” should be substituted for “inspection.” It is understood that the “water bills” submitted with the inspection report cover the entire calendar year. An engineer or registered sanitarian or the Board of Health must do this report. This requires a full inspection in its entirety and fully compliant with Title 5 inspection report(s). 4. A contract for maintenance of the system with a maintenance company satisfactory to the Director must be presented within thirty days. (Inly) Inly School shall provide to the Director the name(s) of any service providers contracted for maintenance and repairs to the system and confirm that they are satisfactory to the Director before services are performed. Hopkins comments: This modification of terminology is acceptable. No issue. 5. The alarm must be telephonically connected to the maintenance company and the company must notify TMCS and the Board of Health as soon as possible, no later than 24 hours, of an alarm. (Inly) Inly School shall notify the Board of Health as soon as possible, no later than 24 hours, of an alarm. Hopkins comments: The mechanism of septic system alarm should be described so the Board of Health can approve a system equivalent to a telephone alarm system. The system also has to be included in a new as-built plan, per #2. 6. TMCS Board of Trustees shall certify a room-by-room count of student’s teachers and staff at the beginning of each semester for all of the school, including hours of use and population for the Art Barn and submit the counts to the Board of Health by September 15th and January 15th each year. (Inly) Inly School shall submit student and staff levels to the Board of Health by September 15th and January 15th each year. Hopkins comments: This modification of the language is acceptable. 7. All water meters must be identified as to areas serviced within 30 days. (Inly) Delete this section it has been complied with. Hopkins comments: A change in water meter applications and/or plumbing is reportedly being contemplated by the school. The objective is to separate any impact of the fire sprinkler system function or testing so as to not falsely indicate impact on the system. The Board of Health should be informed about the scope of these changes and of any associated reductions on water meter flows, if the school does not install the septic flow pump monitoring system. OK just inform Board of Health of any changes. 8. The SAS must be configured so as to alternately dose the upper and lower pits with certification by TMCS’s Professional Engineer upon the initial and yearly inspection of the system. (Inly) Delete this section it has been complied with and the inspection required above will cover the annual compliance issue. Hopkins comments: This provision of the Order cannot be deleted because it prescribes the functional separation of dosing that has to be maintained in order to comply with Title 5. The SAS is located entirely on the Hopkins property and must be maintained. Dosing alternatively is ok. 9. The Art Barn shall only be used for regular school class and recreational purposes and for school functions involving families and guests of no more than 120 people for no more than 4 hours for no more than 12 events per year. (Inly) Delete this section. Due to the campus nature of Inly requiring students to move through all buildings throughout the day as well as the Art Barn facilitating all-school meetings, it is impossible and impractical to limit the education process at Inly to 120 persons in the Art Barn at any one time or the number of “events?” per year. We currently have 266 students and 70 full and part time staff. This condition does not relate to the intent of the Decision and Order to assure the maximum wastewater gallons are not exceeded in a 24-hour period. The pump flow meter will. Hopkins comments: The Hopkins concur that if the septic flow pump monitoring system is installed, maintained and monitored per a Title 5 variance under 15 CMR 416, the occupancy and dynamics of use will become meet. Pump monitoring system will be addressed in April. 10. Non-compliance with this Order will result in revocation of the Certificate of Compliance for the SDS. (Inly) Change “will” to “may” Hopkins comments: The term “will” in #10 should remain unchanged. If the School fails to meet the conditions of the Order, which essentially would reflect non-compliance Massachusetts and Local Title 5, they would be able to operate under a tight tank procedure. Removal of this term hinders the Board of Health in enforcing Title 5. Language not to change leave as previously approved. At Dr. Hopkins suggestion Director should informally speak with DEP regarding #1 above. Motion to continue hearing to approve or not at our Board of Health meeting scheduled for April 13, 2009, seconded and approved unanimously. Motion by Russell Clark to adjourn meeting at 8:25 p.m., seconded and unanimously approved. Respectfully submitted:
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