KUDOS to former Sterling Board of Health member Gary Menin for organizing and spearheading the Petition drives (2) that succeeded in calling the Special Town Meeting scheduled for 16 October 2023 and getting Articles 8 and 9 on that Special Town Meeting Warrant. Unlike ANY of the current Board of Health members, Gary Menin is actually trained and certified in Massachusetts septic system requirements, parameters, and testing under Massachusetts Title V, 310 CMR 15.000. SEEdownload (mass.gov)
THE SPECIAL TOWN MEETING WARRANT: 10_16_2023_stm_warrant.pdf (sterling-ma.gov) More than 600 Sterling citizen-voters signed the Petition for what is now Article 8, and, as a follow-up, given only a 3-day window, more than 200 Sterling citizen-voters signed a second Petition for what is now Article 9. Since the successful Petitions required the Town to schedule the Special Town Meeting, the Town then added Articles 1-7 to the Warrant.
BACKGROUND, ARTICLE 8: In December 2022 the autocratic, out-of-control, dishonest Board of Health slid through its new local regulation requiring “Deep Observation Hole” septic system testing for pre-1995 Sterling septic systems in cases of property sales/transfers, IN VIOLATION OF 310 CMR 15.302(4). This new local regulation serves no purpose EXCEPT TO BENEFIT THE LOCAL SEPTIC SERVICE COMPANIES BY GENERATING WORK/REVENUES FOR THEM.
YEAH, the BOH’s new “Deep Observation Hole” testing requirement—SUCH A DEAL!
ARTICLE 9, if passed, would require an Audit of the Sterling BOH. Maybe the Auditors will suggest that, as a condition of continued BOH employment, David ‘Nowhere Man’ Favreau wear a GPS tracking device at all times so we can learn what he really does all day!
COME OUT AND PASS ARTICLES 8 AND 9 AT THE STERLING SPECIAL TOWN MEETING ON 16 OCTOBER 2023 AND DELIVER THE BITCH-SLAP THAT THE CORRUPT, DISHONEST, OUT-OF-CONTROL STERLING BOARD OF HEALTH WELL-DESERVES.
Make NO mistake about it: Anthony Fauci is a self-serving lying little psychopathic PRICK, and he has plenty of like company populating the corrupt C.I.A.. So it should come as no surprise that the C.I.A. had Fauci come over to C.I.A. HQ to help cover up the fact that the bio-engineered Covid virus escaped from the Chinese Commie Wuhan Institute of Virology, a CHICOM bio-weapons lab.
Fauci, of course, was more than happy to help the corrupt C.I.A. lie about the real source of the Covid virus BECAUSE FAUCI’S NIH FUNDED VIRUS ‘GAIN OF FUNCTION’ WORK, MEANING BIO-ENGINEERED VIRUS DANGEROUSNESS ENHANCEMENT, AT THAT VERY LAB, AND FAUCI LIED ABOUTTHAT.
And all this corruption and lying was going on as the Biden Crime Family was taking $Millions in bribes from our foremost geo-political enemies, the CHICOMS THEMSELVES, all the while being protected by the totally corrupt, DemocRAT-dominated F.B.I./F#cking Bent Inquisitors, and DoJ.
Jay Bhattacharya, M.D., and his fellow co-plaintiffs, won a BIG 1st Amendment case for ALL OF US against the corrupt, repressive, totalitarian Biden Regime.
On 18 August 2023 the Massachusetts Supreme Judicial Court washed its hands of the Central Massachusetts Housing Alliance’s BULLSH*T so-called “MBTA Communities” lawsuit against the Town of Holden and transferred the frivolous case to the Worcester Superior Court.
The DemocRAT/Commie Gimme Girls and Boys constituting the Central Massachusetts Housing Alliance, and their intellectually dishonest Lefty/Commie lawyers, must surely be disappointed. You see, Worcester County Superior Court judges aren’t likely to be swayed by the Boston-centered Lefty/Government media/propagandists, particularly The Boston Glob, ravening for so-called ‘housing equity’ in ALL the 177 so-called “MBTA Communities” despite the clear limiting language of Mass.Gen.Laws Ch. 40A, Section 3A and operative limiting geographical facts. The Boston Glob’s Editorial Board have been patently, robotically dishonest/mindless Town of Holden detractors. Yeah, yeah, I’ll support ‘housing equity’ whenALL The Boston Glob’s two-faced hypocrite staff writers and Editorial Board members open their homes to illegal immigrants let into our Nation by the Bribed, Treasonous, Senile, Psychopathic, Pathologically Lying Head of the Biden Crime Family, Felon Joe Biden. https://www.bostonherald.com/2023/08/10/howie-carr-lt-gov-driscoll-wants-massachusetts-families-to-house-migrants/ That means never.
The Town of Holden has not yet filed its Answer to the Complaint. I’m looking forward to reading it.
GO TOWN OF HOLDEN– KICK CENTRAL MASSACHUSETTS HOUSING ALLIANCE ASS!!!
The Bleeding Heart Gimme Girls and Boys constituting the Central Massachusetts Housing Alliance, in conjunction with their intellectually dishonest lawyers, have filed a frivolous/bullsh*t lawsuit against the Town of Holden, a so-called “MBTA Community,” under Mass. Gen. Laws Ch. 40A, Section 3A. That statute is set forth as follows:
Amended by St.2023, c. 7, §§ 152-153, effective 30 days following enactment pursuant to subsection (c) of section 2 Article LXXXVII of the Amendments to the Constitution.
(a)
(1) An MBTA community shall have a zoning ordinance or by-law that provides for at least 1 district of reasonable size in which multi-family housing is permitted as of right; provided, however, that such multi-family housing shall be without age restrictions and shall be suitable for families with children. For the purposes of this section, a district of reasonable size shall: (i) have a minimum gross density of 15 units per acre, subject to any further limitations imposed by section 40 of chapter 131 and title 5 of the state environmental code established pursuant to section 13 of chapter 21A; and (ii) be located not more than 0.5 miles from a commuter rail station, subway station, ferry terminal or bus station, if applicable.
(b)
An MBTA community that fails to comply with this section shall not be eligible for funds from: (i) the Housing Choice Initiative as described by the governor in a message to the general court dated December 11, 2017; (ii) the Local Capital Projects Fund established in section 2EEEE of chapter 29; (iii) the MassWorks infrastructure program established in section 63 of chapter 23A, or (iv) the HousingWorks infrastructure program established in section 27 of chapter 23B.
(c)
The executive office of housing and livable communities, in consultation with the executive office of economic development, the Massachusetts Bay Transportation Authority and the Massachusetts Department of Transportation, shall promulgate guidelines to determine if an MBTA community is in compliance with this section.
The Town of Holden should prevail right off the bat, on a Motion to Dismiss the Complaint, or on a Motion for Judgment on the Pleadings, because:
1. Ch. 40A, Section 3A does not apply to the Town of Holden since that Town, like Sterling, has no land within 0.5 miles of a commuter rail station, subway station, ferry terminal or bus station; and
2. The only statutory remedies are the cut-off of state funds listed in subsection (b).
There is no private right of action under that statute.
So, the Central Massachusetts Housing Alliance lacks ‘standing’ to maintain its lawsuit and has failed to state a claim upon which relief can be granted.
If the Central Massachusetts Housing Alliance boys and girls and their intellectually dishonest lawyers have a problem with a purported regional housing shortage then they should blame the guy who caused it–their DemocRAT Hero and Boss of the Biden Crime Family, the bribed, treasonous, lying, corrupt, imbecilic, senile Dementia Joe Biden himself, who has let 7 million illegal immigrants pass over our southern border, with thousands more crossing over every day. Even our Dopey Leftist-Lesbian DemocRAT Governor has noticed that there is a problem. SEE State of emergency declared in Mass. as migrant shelter fills up (bostonherald.com)
These Central Massachusetts Housing Alliance MauMauing Clowns won’t, though–they all drink the DemocRAT/Commie Kool-Aid. How much you wanna bet they donated to Biden’s campaign or to the DNC???
If Sterling officials had ANY balls and principles—and they don’t—they’d be aligned with the Town of Holden when it comes to the non-applicability of Mass.Gen.Laws Ch. 40A, Section 3A. Maybe, someday, they’ll find some substitute balls rolling around on a floor somewhere. In the meantime I’m rooting BIG TIME for the Town of Holden in this matter.
GO TOWN OF HOLDEN—KICK CENTRAL MASSACHUSETTS HOUSING ALLIANCE ASS!!!
The Sterling Municipal Light Department did Sterling Board of Health dirty work by distributing the BOH’s false “deep observation hole” testing propaganda in the SMLD’s latest town-wide mailing. Former BOH member Gary Menin, fully licensed in Title V septic matters, responded in his open letter re-printed hereinbelow—
AN OPEN LETTER TO THE STERLING MUNICIPAL LIGHT DEPARTMENT
July 25, 2023
I was disappointed to find an insert in my monthly electric bill that: (1) Has nothing to do with the business of the SMLD and (2) Ironically further promulgates the misinformation (precipitated/promulgated by the BOH itself) surrounding the Sterling Board Of Health’s December 8, 2022 decision to require a Deep Observation Hole (DOH) based Soil Evaluation for all homes sales since that date.
FACT – This is the specific decision of concern:
FACT – The DOH is codified terminology of the Title 5 statute:
“Deep observation holes shall be excavated in two adjoining segments, the first ending at approximately the five-foot level to allow detailed examination by the Soil Evaluator without need for shoring, and an adjoining segment which shall extend to a minimum depth of four feet below the bottom elevation of the proposed soil absorption system but in no case less than ten feet below existing/natural grade …”
FACT – In order to perform a code compliant soil evaluation via the DOH process, excavation in accordance with the governing statute (310 CMR 15.000 per above quote) must be accomplished. In this regard Title 5’s Form 11 (all five pages thereof) is the statutory working document that covers details the necessary observations of the DOH. As per a preeminent MA-DEP Soil Evaluation instructor:
“(Soil Evaluators) need to completely fill out the form 11 sections A-E.”
FACT – When I forwarded all accepted/filed (though incomplete) Soil Evaluations that were available from January through June for pre-1996 home sales to the MA-DEP this was that MA-DEP Soil Evaluation instructor’s response:
“ That (a completed Form 11) is what is required in Title 5 so they need to submit them. I would ask for completed Form 11’s for all of these..“
Thus all those filed aforementioned “Soil Evaluations” are invalid.
FACT – With this SMLD insert the BOH is now apparently defining their own DOH. If so they should once again revise their requirements since the previously depicted 120822 revision excerpt still stands.
FACT – The aforementioned discussion of the specifics of what a DOH is and when it’s required notwithstanding – all that should be irrelevant – as the DOH is DEP statutorily intended ONLY for new construction. Further, for existing homes (as noted above) there are numerous other less invasive ways to determine the Seasonal High Ground Water level – and towards that end the MA-DEP indicates that the LEAST INVASIVE method should be chosen. The DOH is the MOST invasive ! Those other methods have worked fine for decades in Sterling and in all other of the 350 Massachusetts Cities and Towns as I have not found one that requires a DOH for existing homes as a matter of course.* Why should Sterling be singled out ? There’s simply no data showing pre-’96 constructed homes are contaminating groundwater in Sterling as the linked letter alleges.
*FACT – Such onerous changes to bylaws/requirements affecting tenets that would normally be grandfathered should be offered greater public scrutiny than being surreptitiously rushed through in an early December meeting that saw no citizen attendance and only two Board members present. *RE: The other 350 cities and Towns – Because of the preponderance of estuaries and embayments on Cape Cod and apparent water quality degradation thereon – Title 5 requirements for Cape Cod have been revised. However these location specific revisions only took place after an extensive comment period for public input unlike in Sterling.
FACT – None of the Board members are either Title 5 Inspection or Soil Evaluator certified.
FACT – A petition is currently being circulated and will continue (through the summer) towards the holding of a Special Town Meeting this fall to request that the Board rescind their ill-advised decision. To date nearly 500 signatures have been collected.
In fairness to these many tax paying citizens and certainly SMLD customers and to the debate at hand – and to STOP the misinformation once and for all – it would appropriate for the SMLD to include in their next billing – this letter as a public service.
In December 2022 Sterling’s overweening, lying, and corrupt Board of Health snuck through its local regulation requiring septic system “deep observation hole” tests for pre-April 1995 septic systems, applied at the time of property transfer/sale, in outright violation to 310 CMR 15.101, 102 and 310 CMR 15.301, 302.
It had NO legal authority to do so. NO other Massachusetts municipality has adopted such a bogus, ultra vires local regulation so far as we know.
SEE 310 CMR 15.00 (Title V Regulations) effective 7 July 2023– download (mass.gov)
Indeed, 310 CMR 15.302(4) provides as follows:
“(4) Determination of High Groundwater Elevation. A deep hole observation test is not required to determine high groundwater elevation during an inspection. High groundwater elevation shall be estimated by the inspector, using best professional judgment, based on the methods described in 310 CMR 15.302(4)(a) through (c).
(a) The inspector shall review local maps and records of groundwater elevation (previous deep hole observation tests or groundwater monitoring results) on the site and nearby properties, if available.
(b) If the system includes a cesspool, the cesspool shall be pumped during the inspection and then examined to determine whether groundwater flows into the cesspool, indicating that the cesspool is below high groundwater elevation.
(c) If the system includes a septic tank and distribution box, the condition of these components and the surrounding soil shall be observed for indications that groundwater has infiltrated the system. Care should be taken not to destabilize the distribution box or the piping to or from the box. These minimum requirements shall not prevent the use of additional methods. The elevation of nearby water bodies, or evidence of groundwater infiltration in other subsurface structures (for example, cellars), or hand augering to determine depth may aid in determining whether the system is located in the groundwater. The methods used to determine high groundwater elevation shall be described in the inspection report. A system owner may choose to have the high groundwater elevation determined by an observation well or deep hole observation test to confirm or disprove the results obtained by the minimum requirements of 310 CMR 15.302(4), or in place of the minimum requirements”(emphasis added).
Aware of public dissatisfaction with its totally illegal and ultra vires local regulation, the corrupt Board of Health posted this dishonest and deceptive letter on the Town of Sterling’s website, 28 June 2023—
Compounding its abuse and deception, the corrupt Board of Health, presumably using taxpayer money to do so, had that letter reproduced in the Sterling Meetinghouse News July edition.
YEAH, there has been a “considerable amount of misinformation” circulated about the Board of Health’s recent regulation, ALL of it spread by the lying and corrupt Board of Health itself.
Below is reproduced the email about these matters I sent to the Sterling Town Administrator, with ccs to Board of Health employees and the Town Clerk. It is now a public record (all text is ‘justified’ to left margin for this medium. Apologies for any spacing gaps imposed by this medium):
“Mr. Caldwell,
The following septic system ground water level determination guidance is re-printed from MassDEP’s website. Scrolling all the way down you will see that “Deep Observation Hole” testing, requiring holes dug to 12 feet below grade or 6 feet below the bottom of a leaching field, is the “last resort” in determining high groundwater levels at any particular site. The other listed and approved methodologies are to be employed and exhausted first.
Ground Water Determination
Location of the bottom of the leaching facility compared to the HIGH ground water elevation is the most common reason for the failure of systems inspected. It is also the most important reason that sewage is not adequately treated before it enters the ground water table. For these reasons it is most important that the HIGH ground water elevation be properly determined.
The phrase High ground water elevation is used throughout this section because the ground water elevation can vary significantly throughout the year, from year to year and in different types of soil.
High ground water is defined in Title 5 (310 CMR 15.00) in the definition section (15.002) as follows:
Inland – The elevation above which in eight out of ten consecutive years the ground water table does not rise. This elevation is commonly but not invariably reached during the months of December through April.
Coastal – For ground water influenced by tidal action, the average of the monthly spring high tide ground water level as recorded over the most recent consecutive 19 year period.
At the present time the most reliable method of determining the high ground water elevation is to excavate a deep test hole and have it evaluated by a certified soil evaluator. This method is probably beyond a routine system inspection and should be used only in rare cases where there is disagreement among the inspector, the homeowner and the Board of Health and then only after consultation with the homeowner and the Board of Health.
Acceptable methods of estimating high ground water elevation are as follows:
a. READ IT FROM PLANS: If plans of the disposal system are available they should show the ground water elevation on which the plan was based. Unfortunately, many older systems have no plans available and some have plans that merely recorded the ground water elevation at the time of testing. This may or may not be the HIGH ground water elevation. Be aware of the date these tests were performed, and how that fits into the water year.
b. OBSERVATION ON SITE: Look for infiltration into the septic tank, cesspool or distribution box…even leaching pits, galley, or chambers if appropriate. Investigate the surrounding soil by the use of hand augers to determine ground water elevation.
c. DETERMINE IT FROM LOCAL CONDITIONS: Observe the elevation of nearby wetlands; check for ground water elevations on plans for systems located nearby; see if there is a sump pump in the building whose system you are inspecting; look for water marks on cellar walls. NEARBY is of course a subjective word. Be prepared to justify this use.
d. CHECK WITH THE LOCAL BOARD OF HEATLH: Many towns maintain a network of ground water monitoring wells that show relative ground water elevations.
e. Check with the USDA: The Unites States Department of Agriculture, Natural Resources Conservation Service often has maps, records and soil surveys, along with knowledgeable staff, which may be helpful in determining high ground water elevation.
f. Check FEMA MAPS: These flood plain maps, from the Federal Emergency Management Agency can be useful. They are often available from the local Conservation Commission.
g. CHECK, PUMPING RECORDS: If the system you are inspecting is pumped each spring it is possible this is needed due to high ground water.
h. CHECK WITH LOCAL DIGGERS: Talk with the local water department and sewer department to learn if they have any first hand knowledge of water depths. Do the same with local excavators and installers, also, gas, telephone and electronic companies.
i. Subscribe to USGS: Subscribe to USGS ground water records available at their website below.
j. KNOW THE CURRENT STATE OF GROUND WATER Ground water elevations are recorded monthly by the USGS throughout New England, including over 100 wells within Massachusetts. Examination of the records from these wells shows water elevation changes varying from less than a few feet to more than seventeen feet in a given well. These records are available from: http://ma.water.usgs.gov/
Methods k through n below constitute more invasive means of determining high ground water elevation. This guidance does not suggest that these methods are required in all cases. However, in instances where methods a through h have failed to provide adequate information for determining high ground water elevation, it may be necessary to employ these methods as described below.
k. Small diameter wellpoints can be driven to monitor ground water elevation. Use appropriate adjustments to determine high ground water elevation. This method may not be suitable for all soil conditions.
l. After observing effluent water levels, pump the leaching facility and monitor to see if ground water rises to the bottom (may be more applicable to pits, chambers and galleries than trenches and fields).This approach should be taken with caution. If done during the dry season, the results do not guarantee that subsequent ground water level rise will not inundate the leaching system. Best professional judgment must be used in order to determine at what point backflow into the system is due to ground water infiltration or other factors. Also, in some soils, ground water may take some time to stabilize. In these instances proper precautions must be taken to insure that the open area around the leaching facility is properly secured to prevent injury.
The system owner may choose to have the high ground water elevation determined by the methods described in m and n below to confirm or disprove the results obtained by other methods or in place of the minimum requirements.
m. Drive an observation well with a powered auger, observe the ground water elevation and make appropriate adjustments to determine high ground water elevation. The maximum depth of the well should be twelve feet below grade at the lowest natural elevation on the site or, six feet below the bottom of the leaching facility.
n. Dig a deep observation hole (generally the last resort) and use appropriate adjustments to determine maximum high ground water elevation. The maximum depth of the hole should be twelve feet below grade at the lowest natural elevation on the site or six feet below the bottom of the leaching facility.
THE STERLING BOARD OF HEALTH’S DECEMBER 2022 “DEEP OBSERVATION HOLE” LOCAL REGULATION IS IN CONTRAVENTION OF, AND VIOLATES, MASSACHUSETTS TITLE V SEPTIC SYSTEM REGULATIONS AND MASSDEP GUIDANCE:
The Sterling Board of Health’s December 2022 local regulation requiring “Deep Observation Hole” Testing is set forth as “V. SYSTEM INSPECTION AT TIME OF TRANSFER,” sub-part “d.,” here:
As you can see, that local regulation violates Massachusetts Title V and MassDEP guidance by requiring “deep observation hole” testing rather than reserving “deep observation hole” testing as the “last resort.”
THE STERLING BOARD OF HEALTH’S 25 JUNE 2023 “LETTER TO THE PUBLIC REGARDING SEPTIC TEST HOLES”:
The Sterling Board of Health has placed this letter on the Town of Sterling website:
As you can see, the Sterling BOH, by that letter, in blatantly dishonest fashion, misrepresented and misconstrued Massachusetts Title V groundwater level evaluation standards and requirements and MassDEP guidance, AND unilaterally derogated from its own December 2022 local regulation and Title V “Deep Observation Hole” depth requirements by reducing them markedly.
CONCLUSION:
In this matter the Sterling Board of Health has demonstrated its autocratic arbitrariness and capriciousness, its dishonesty, and its incompetence. It is now readily apparent to Sterling residents that Sterling Board of Health members don’t even know the difference between their own asses and holes in the ground.
Sincerely,
James F. Gettens, Esq.”
LIKE A NEGLECTED, UN-PUMPED-OUT SEPTIC SYSTEM, THE STERLING BOARD OF HEALTH IS FULL OF SH*T.
IT’S TIME TO TAKE OUT THESE JACKASSES. LET’S START DURING THE 2024 MUNICIPAL ELECTIONS.
STERLING, MASSACHUSETTS, OVERWATCH 