TOWN OF MASHPEE
Board of Health
March 3rd, 2005
Ms. Grady opened the meeting at 7:00 PM.
THE TAPE IS NOT PART OF THE MEETING: IT IS FOR THE PURPOSE OF TRANSCRIPTION ONLY.
Members Present: MaryRose Grady, Steven R. ball and Glen E. Harrington.
NEW BUSINESS
1. Sign warrants.
Warrants signed.
2. Approve minutes of November 17th, 2004 and December 12th, 2004
Approval of minutes was deferred until a full board was present.
4. Title V Variance Request: Cape & Islands Engineering – 24 Uncle Edwards Road
Mr. Harrington stated that he did the perk test on this one. This was pretty straightforward. The top of the tank showed 11.8 proposed grade above the tank. They needed to have proposed contours because the existing grade was only at ten so the grade was almost going to come up on foot. They were not showing the existing cesspools and granted it was snow-covered so it was tough to tell where they were and there was no record of them. But, he would at least like to have a note on there saying that when the system got done eventually the contractor would have to find, pump and collapse them. It was probably a seasonal home. They were probably empty. He would like a note on there at least. He wanted them to show a reserve area next to the primary. That would make the variance not 19’ but 15’, which would be
four-feet closer with a note saying that if the reserve area is used they would have to provide a membrane/liner at the foundation. He felt that it was good to show a reserve area on there. That was not always required for upgrades. But, they were going to be revising plans and it would be better to show it on there. Otherwise he would recommend approval with those conditions based upon a revised plan that he would review.
Mr. Ball asked how many bedrooms were in the house.
Mr. Harrington stated that it was a three-bedroom house.
Mr. Ball asked if that included the upgrade.
Mr. Harrington didn’t have any record of how many bedrooms there were in the home.
Ms. Grady asked if there were any other comments.
Mr. Ball made a motion to approve the variances as requested by Cape & Islands Engineering as requested in their letter dated February 14th, 2005, for 24 Uncle Edwards Road. The variances are as follows: A one-foot variance from the SAS to groundwater. A variance of four-foot from the SAS to the cellar wall. This was approved with the following conditions. The health agent would like to have a note on the plans stating that when the system was installed the contractor would have to find, pump and collapse them the existing cesspools. He wanted them to show a reserve area next to the primary. That would make the variance not 19’ but 15’, which would be four-feet closer with a note saying that if the reserve area is used they would have to provide a membrane/liner at the foundation. Ms. Grady
seconded the motion. Motion passed.
5. Title V Variance Request: cape & Islands Engineering – 13 Sheffield Place
Mr. Harrington stated that with this request they were still showing 144’, which was less than the 150’ and for new construction they had been asking for the denitrification system. He felt that they should move the leaching toward the street to get the full 150’ away. The pencil marks on the plan were his. They were the radiuses that he put on there so that they could see where they had to be moved. He also thought they could inter-change where the primary and the reserve were located. He felt that they could switch locations. Like what they did on one of the other plans, they could conditionally approve it. They would have to add the denitrification system if the reserve area was ever used so they didn’t have to move it as far away for the next lot's well. Hopefully town water would be provided
to that area before the system failed. Those were his concerns on this address. Otherwise they would have to provide a dentrification system.
Mr. Ball asked if he was going by the well.
Mr. Harrington stated that they had allowed the upgrades to be less than 150’ but not new construction.
Mr. Ball asked him again if they were doing this with wells. He understood that they had been applying it to wetlands. He didn’t think that it was him that did that. He thought it was Mr. Santos.
Ms. Garron stated that Mr. Doherty did it over on East Road.
Mr. Ball asked if Mr. Doherty did it regarding a well.
Ms. Garron and Mr. Harrington confirmed that that was correct.
Ms. Garron continued by stating that they then connected everybody up to town water.
Mr. Ball stated that they had been staying by that decision.
Ms. Garron added that it hadn’t come up in a while.
Ms. Grady agreed that she did not remember it coming up in awhile.
Mr. Harrington stated that they had applied this to Mr. Marsters’ last application. They made it a condition of the approval that the dentrification system would be retrofitted if the reserve area was to be used in its proposed location when it was less than the 150’ to the well.
Ms. Grady felt that they should be consistent in their approach and it shouldn’t be a surprise to him.
Mr. Ball agreed with her, but he didn’t completely agree with it. He would do it this time.
Mr. Harrington thought that they had the ability to move everything out and at least get the primary outside of the 150’ arc to the well. They needed to be in as much compliance as possible. Furthermore, for new construction, the setback to the town road was something that the DEP didn’t have to see because it was an acceptable variance.
Mr. Ball made a motion to approved the variances requested by Cape & Islands Engineering as requested in their letter dated February 17th, 2005, for 13 Sheffield Place. The variances are as follows: A six-foot variance from the SAS at house number 13 to the existing well at house number 43. A six-foot variance from the SAS at house number 13 to the existing well at house number 37. These variances were approved with the following conditions. If the reserve area was ever used they would then have to add the denitrification system so they didn’t have to move it as far away.
After further discussion the board members agreed to continue this agenda item in order to give the engineer the opportunity to move both the primary and the reserve systems outside the 150’ arc to the well. Mr. Ball made a motion to continue this agenda item. Ms. Grady seconded the motion. Motion passed.
6. Request for Refund: Woman’s Workout Co.
Ms. Grady asked if this was the place that had recently changed names to USA Fitness and Spa.
Mr. Harrington stated that that was correct. He stated that he had brought this request up to the town accountant for the recommendations and procedures for getting this money returned. He had not heard back from them yet. His recommendation on this was to pro-rate the amount and subtract the pro-rated amount for January and February. They would then approve a refund. Ms. Warden had stated that refunds used to have to go to town meeting. She also said that somebody else had the accountant approve it. He was waiting to hear from the accountant to see exactly what the procedures where because they didn’t typically issue refunds.
Ms. Garron stated that they did not issue refunds.
Mr. Harrington added that what they usually did with the engineers, for example. If the perk test were cancelled for some reason, they would apply the fee to the next perk test.
Ms. Garron stated that there was the restaurant or something last year that asked for a refund and they did not give it.
Ms. Grady stated that it was the motel.
Ms. Garron agreed and added that they did not return Dr. Soliz’ the refund that he requested. There were a couple instances she knew that they did not give people refunds.
Mr. Ball agreed with her.
Ms. Grady re-iterated that she specifically remembered that they did not give Dr. Soliz his refund. That was the first thing that came to mind.
Mr. Ball made a motion to deny the request from Susan Taylor, owner of Woman’s Workout Company. Ms. Grady seconded the motion. Motion passed.
OLD BUSINESS
DISCUSSION
A. FYI – MAHB Charter Commission Opinion Letter
Mr. Harrington stated that this was a letter that Ms. Warden came across on the website that they thought the board members might find interesting regarding the Charter Commission and what the other towns’ are having to deal with in this matter.
Ms. Grady asked what Mr. Harrington would do if Ms. Mason told him not to enforce a board of health regulation.
Mr. Harrington responded that it would be his opinion that she was overstepping her bounds regarding the statutory requirements for the board of health.
Mr. Ball felt that it would have to come before the board and be their decision and not hers.
Mr. Harrington stated that he would take her to task on that. He would basically say either fire him or sue the board of health. He didn’t think that it was right that the town manager had any jurisdiction on public health. She could handle the administrative stuff. But, she did not have the right to do anything else.
Ms. Grady stated that it put them in a large town health directive under orders by the town not to discuss public health issues with the board of health.
Mr. Harrington understood her feelings in the matter.
Ms. Garron stated that that didn’t make any sense at all.
Ms. Grady stated that it really didn’t make any sense that they would agree to this in the first place. It’s too bad that this passed.
Mr. Ball stated that they tried to stop it.
Ms. Grady didn’t feel that they did enough to put a stop to it.
Mr. Harrington stated that he went to the one meeting that he knew about and spoke against it the entire way. That obviously had no effect on anybody’s opinion. The one guy from Southport who was pushing it through, Mr. Larkin.
Mr. Ball felt that he could have just excluded the board.
Mr. Harrington agreed with Mr. Ball. Mr. Larkin was from Dedham. They did it in Dedham and he thought that everyone should do it. But…
7. Finance
Mr. Ball wanted to discuss under “New Business” that they should make an appointment to go and see the Finance Committee on their article. He didn’t mind going to the appointment. He would sit down with Mr. Harrington whenever he scheduled them to go and go over the budget.
Mr. Harrington stated that he would find out when the next meeting was on the calendar.
APPOINTMENT: Deer Crossing – Septic Compliance and Food Permits
Mr. Harrington stated that the date of March 10th, 2005, was for the inspection reports to be submitted. He asked if Mr. Ball was going to state that the systems were in failure now and they were requiring the upgrades.
Mr. Ball stated that he was going to state that the systems were in failure now.
Mr. Harrington stated that the plans needed to be presented to the board by March 14th, 2005, that included the OAR systems and the upgrades on the failures for Buildings A, B and D.
Mr. Ball stated that the only thing he was going to change was that he was not going to say the OAR system. He was going to say a denitrification system that was going to be approved by the DEP. If he stated the OAR system, he was giving them a product that you shouldn’t.
Mr. Harrington stated that that was fine. They had submitted plans already for the OAR system.
Ms. Grady stated that they would compose a letter and send it to them. Did he know what it was going to say?
Mr. Ball stated that they could talk about it. He wanted to include the fine and everything else. If it was not submitted by March 14th, 2005 @ 4:30 PM.
Mr. Harrington asked him if he was going to do anything with Building C and E.
Mr. Ball responded that he was going to require them to submit plans with denitrification.
Mr. Ball stated that that was correct. They could decide when they made the decision then not to do or do it. He wanted that plan there because they were treating the whole 10,000 GPD as a whole.
Mr. Harrington clarified that what he was saying was that the whole property was over 600 GPD.
Mr. Ball stated that that was correct. Even though the board’s regulation was vague, let them fight that battle.
Ms. Grady asked him why it said that there was no denitrification system would be included.
Mr. Ball put that because they had not submitted plans with the denitrification system. He put that note on there. Not because he wasn’t going to require it.
Mr. Harrington re-iterated that their decision now was going to be to include denitrification systems for Building C and E. To require the plans to be submitted by the 14th, to include denitrification for Buildings A, B and D and upgrades to the systems that have been documented failures that have been documented to the board of health.
Mr. Ball stated that that was correct and bull run valves taken out on Buildings A and D.
Ms. Garron asked to run through this one more time. Building A was in failure or it wasn’t in failure?
Mr. Ball made a motion that Building A was in failure with a necessary Title V upgrade, retrofitted with a denitrification system along with the removal of the bull run valve. The total flow for that building was assessed at 5374 GPD. Building B was in failure with the necessary Title V upgrade and retrofitted with a denitrification system. The total flow for that building was assessed at 718 GPD. Building C was not in failure but they were required to submit a plan with a denitrification system. The total flow for that building was assessed at 465 GPD. Building D was in failure with the necessary Title V upgrade and retrofitted with a denitrification system along with the removal of the bull run valve. The total flow for that building was assessed at 3053 GPD. Building E was not in failure but they were required to
submit a plan with a denitrification system. The total flow for that building was assessed at 385 GPD. They had until March 14th, 2005, to submit these plans by the close of business or they will be fined $100.00 per building per day. Ms. Grady seconded the motion. Motion passed.
3. Nitrogen Aggregation Plan: 12 Balfour Lane
Mr. Kenneth Crosby was present as the owner/contractor of 12 Balfour Lane.
Mr. Harrington reviewed Mr. Crosby’s entire plan. Everything looked very good on the plan.
Mr. Ball asked if this was same as prior aggregation plans that had come before them.
Mr. Harrington stated that it was exchanging credit lane in the same Zone II. The credit parcel was on Rte 130. It was an 80,000 square foot parcel.
Mr. Ball asked if it was all going to be deeded and registered.
Mr. Harrington continued by stating that this plan here was the property that was to be built. He then pointed out where the credit parcel was where land was taken from. There was a four-bedroom home on this property already. This left enough land for, 60,000 square feet was enough to cover the four-bedrooms that already existed. When they did this they had to make sure that both properties were kept in compliance and they are.
Mr. Ball asked again if it was all going to be deeded and registered.
Mr. Harrington noted that he had the information right there.
Ms. Garron pointed out that it had been copied and was in his package.
Mr. Ball acknowledged that it was right in the package.
Mr. Harrington pointed out that attachment 2 was the granted Title V easement and restriction. It would get copied into the Registry of Deeds on both properties. It restricted both properties and Mr. Crosby’s engineer had submitted the DEP application. He had reviewed it and it looked good. He felt that they were in pretty good shape to send this off to the DEP. They needed an approval and signature from the board.
Mr. Ball made a motion to approve 12 Balfour Lane as submitted including the nitrogen aggregation plan. Ms. Grady seconded the motion. Motion passed.
APPOINTMENT: USA Fitness & Spa – New Ownership & BOH Permits
Mr. Ball made a motion to approve the following new applications for the USA Fitness & Spa. They permits were for a tanning and massage facility along with a retail food license. Ms. Grady seconded the motion. Motion passed.
Mr. Harrington noted that Ms. Warden had explained all of the requirements to them.
B. Plymouth Savings Bank
Mr. Ball noted that they had 45-days to review that plan. He would like to hold up the review and approval of that plan until it came in front of the board.
Mr. Harrington stated that they were coming up on the 45-day deadline that was the problem. They submitted new plans so they had another 45-days.
Ms. Garron stated that Ms. Warden had sent a revised memo to Mr. Rowley. Mr. Rowley called looking for Mr. Harrington today.
Mr. Harrington stated that Plymouth Savings Band through Mr. McGrath submitted a Title V plan that included the OAR system. They had discussed with counsel and basically said that Plymouth Savings Bank was not part of the commercial Deer Crossing. So they could treat as a separate entity. That being said the OAR system was not required. They were not over 600 GPD and not in Zone II. If they wanted to the leaching pit there was probably big enough to handle their expansion. But, nobody had inspected it. He had told Mr. Rowley last summer to inspect it and evaluate it for capacity. It was never done. Mr. Rowley submitted a Title V plan to the ZBA. They never received a formal submission of all three sheets of the Title V plan. They received the cite plan – Sheet One. They never received the full set. So the full set
got delivered a couple of days ago. Ms. Warden reviewed it. They were not installing the reserve area at the same time as the primary. That was the major comment. She suggested that they look out for the drainage issues in the parking area. The system had to be vented, which was minor technical stuff. So they were waiting for revised plans. If the board wanted to see it. They could certainly review it.
Mr. Ball wanted a motion that they review the plan before they sign off on it.
Ms. Grady asked if it was still going to be Plymouth Savings Bank.
Mr. Harrington stated that everything stated that it was the Plymouth Savings Bank.
Mr. Ball asked her if she would agree with that motion.
Ms. Grady stated that she would certainly agree with him.
Mr. Ball made a motion that they review the plan before they sign off on it. Ms. Grady seconded the motion. Motion passed.
Being no further business, Mr. Ball made a motion to adjourn the meeting at 7:45 PM. Ms. Grady seconded the motion. Motion passed.
Respectfully submitted by,
Charlotte A. Garron, Administrative Secretary
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