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News/Events - Meeting Minutes

Board of Health
Meeting Minutes
May 11, 2009

Present were Chairman, Frank Lynch and members Russell Clark and Michael Vazza, Director Jennifer Sullivan and Secretary Pam Mullin. Selectmen Shawn Harris was also present.

Motion by Michael Vazza to approve Agenda and Meeting Minutes of April 14, 2009, seconded and approved unanimously.

7:10 p.m. Inly School/Public Hearing/Continued/Conditions/Amendments

Present from the Inly School were Linda Shropshire, Trustee, Tom Behenna and Engineer, John Chessia. Also present was Dr. Robert Hopkins of 136 Cornet Stetson Road.

The following is a draft only dtd. May 11, 2009 Board of Health Decision Modifying February 9, 2004 Decision and Order of Scituate Board of Health Re: Montessori Community School scripted by Chairman Frank Lynch.

Introduction

The Inly School Inc. formerly known as the Montessori Community School is located at 46 Watch Hill Drive, Scituate, MA (hereinafter “the School”). It is a non-profit educational institution. It operated a Sewage Disposal System that includes size leaching pits on the land of an abutter, Dr. and Mrs. Robert Hopkins, pursuant to a permit granted by the Scituate Board of Health (hereinafter sometimes “SBOH”) on August 27, 1973 and approved by the Commonwealth of Massachusetts Department of Public Health. The pits are situated pursuant to an easement granted by the Hopkins. The School subsequently constructed an “Art Barn” on its property and the School sought approval of the septic system by the Scituate Board of Health/Director of Public Health. Following public hearings on the request, the Scituate Board of Health approved the School’s request to continue its use of the system for the existing buildings and the Art Barn in its February 9, 2004 Decision and Order. The Board’s decision permitted the School to use the existing SDS up to, and not to exceed, a capacity of 2,250 gpd/10 gpd/person, subject to the following conditions:

1. The population of the buildings (students, teachers, staff) may not exceed 225 persons:
2. An approved as built plan is filed with the SBOH within 30 days;
3. The system, including the pump and alarm systems, must be inspected and tested by the Director of Public Health and TMCS’ Professional Engineer and certified in proper working order, thereafter, TMCS shall conduct yearly inspections of the system and submit the inspection report to SBOH including copies of the School’s water records for the time period;
4. A contract for maintenance of the system with the maintenance company satisfactory to the Director must be presented within 30 days;
5. The alarm must be telephonically connected to the maintenance company and the company must notify TMCS and SBOH as soon as possible, and no later than 24 hours, of an alarm;
6. TMCS Board of Trustees shall certify a room by room count of students, 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 SBOH by September 14th and January 15th each year;
7. All water meters must be identified as to areas serviced within 30 days;
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;
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;
10. Non-compliance with this Order will result in revocation of Certificate of Compliance for the SDS.

The Board’s decision was appealed to Plymouth Superior Court pursuant to G.L. 249, Section 4. On July 12, 2005, the Court, Chin J., affirmed the decision of the Board of Health.(1)

(1) The School’s appeal of this decision was dismissed. On April 29, 2008 the School filed a motion to vacate the Order dismissing the appeal.

Request for Modification

The School has now come before the Board of Health requesting a modification of the February 9, 2004 Decision and Order. Public hearings were held on March 2 and April 14, 2009 concerning the School’s request. Representatives of the School were present for both hearings. Dr. Hopkins attended the March 2 hearing. The School and its engineer have submitted correspondence with comments and documentary information addressing the issue. Dr. and Mrs. Robert Hopkins have submitted correspondence with comments and documentary information as well. Notwithstanding some disagreement over procedure (2), the Board, the Director,

(2) Dr. Hopkins suggested that the proposed change utilizing pump or flow monitors required a variance pursuant to 310 CMR 15.416 and requested that the Director consult the Massachusetts DEP about the applicability of this section to the School’s request. The Director reports that DEP does not believe this section is applicable. The Board concurs.

Dr. Hopkins and the School’s engineer all appear to be in agreement that monitoring sewer pump outflow to the SAS is “a more accurate method of minimizing any potential for overloading the system” than counting students and staff using the Art Barn each day. The success of flow monitoring will be a function of proper operation, maintenance, record keeping and reporting. Recognizing this, and given the investment it is making in implementing these changes, the School has agreed to frequent reporting and the installation of an automatic alarm and warning system to provide prompt notification of the diversion of excess flow to a backup holding tank. This, together with accurate records regarding water and SDS usage, will provide much more assurance to all concerned that the SDS is operating within its design capacity.

Decision and Order

As a result of these hearings and after due consideration of the materials submitted, the Board of Health reaffirms its decision permitting the School to use the existing SDS up to, and not to exceed, a capacity of 2,250 gallons per day. The Board now vacates in full all other conditions it imposed, effective upon the Schools implementation of the monitoring system described herein. Upon implementation of the monitoring system, the Board Orders that the system be operated in accordance with Title V and the following conditions:

1. The flow to the leaching system with the easement on the now or formerly “Hopkins” property shall not exceed 2,250 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. The pump controls shall be modified to include flow meters in each of the discharge lines together with a chart recorder. The total flow from both pumps combined shall not exceed 2,250 gallons per 24 hour period. The School will provide overflow tanks in size and configuration satisfactory to the Director of Public Health where excess flow shall be diverted. The diversion of flow shall trigger the alarm described herein. A quarterly report shall be submitted to the SBOH which shall include water and discharge flows, copies of the discharge charts and data regarding usage of the overflow tanks.
2. A new, approved as-built shall be filed with the SBOH prior to operation of the new metering system.
3. The system, including the pump, metering and alarm systems, must be inspected and tested by the Director of Public Health and the School’s Professional Engineer and certified in proper working order. The School shall conduct yearly Title V inspections of the system and submit the inspection report to SBOH, including copies of the School’s water records for the time period.
4. A contract for maintenance of the system with a maintenance company satisfactory to the Director must be presented before operation of the new metering system. The School shall submit the name of the service providers contracted for maintenance and repairs to the system and confirm that they are satisfactory to the Director of Public Health before the service are performed.
5. The alarm must be telephonically connected to the maintenance company. The company and the School must notify the SBOH as soon as possible, and no later than 24 hours, of an alarm. The alarm must trigger a flashing light in a visible location satisfactory to the Director of Public Health.
6. The School shall submit student and staff levels to the SBOH by September 15th and January 15th each year.
7. The School shall notify the SBOH in advance of any proposed changes in water and flow meters as to areas serviced and shall provide certified engineering drawings of such changes within 30 days.
8. The SAS must be configured so as to alternately dose the upper and lower pits with certification by the School’s Professional Engineer upon the initial and yearly inspection of the system.
9. The overflow/diversion tank must be discharged within 96 hours of use. Otherwise, the Art Barn may not be utilized with consultation and consent of the Director of Public Health.
10. Non-compliance with this Order will result in revocation of the Certificate of Compliance for the SDS.

Scituate Board of Health

Francis M. Lynch, Chairman

Russell Clark

Michael Vazza

Date: _________________

Chairman Lynch had two issues:

1. Status of decision in Superior Court affirmed Board decision and appeal dismissed. Motion by Inly school to vacate. Put on inactive or hold joint motion by Scituate Board of Health and Inly School to vacate. Town Counsel conducted this with no knowledge of the Board of Health.

2. Modify easement – draft only.

Dr. Hopkins again requested records per order of conditions. Inconsistent reporting since 2005. Dr. & Mrs. Robert Hopkins wish to be copied on any subsequent reports and thereafter subsequent legal owner of the easement property. Dr. Hopkins noted outstanding major issue and variance from April 19th. Vacating court at April 29th. Notwithstanding, Mr. Behenna assured Dr. Hopkins that all will be settled once this Decision is reached by both parties.

Motion by Russell Clark to adopt with amendments Decision Modifying February 9, 2004 Decision and Order, seconded and approved unanimously.

Respectfully submitted:

Pam Mullin
Secretary