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News/Events - Meeting Minutes
Board of Health, May 11, 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. 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.
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:
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.
Scituate Board of Health
Francis M. Lynch, Chairman
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.
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