TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC MEETING
Minutes of the Meeting of Thursday, August 11, 2005
Board Members Present: Also Present:
Glenn Santos, Chairman Glen Harrington, Health Agent
Steven Ball, Co-Chairman Veronica Warden, Assistant Health Agent
Lucy Burton, Clerk
Chairman Glenn Santos called the meeting to order at 6:50 PM.
APPOINTMENTS
Matthew J. Doolin – 5 Owl Lane
Glen Harrington reported that in a routine review of the file on failed septic systems, an inspection report was received dated January 7, 2003, on an inspection done by John Graci on 12/19/02. We are now beyond the two years allotted to repair the failed septic system at 5 Own Lane. The letter was sent out 7/26/05 and received by Mr. Doolin on 7/29/05. Mr. Doolin requested in writing to be heard at a Board of Health meeting.
Mr. Doolin stated that the reason for the septic inspection on 12/19/02 was because he was planning to sell the property. Shortly after the inspection, he decided not to sell, and took the house off the market. After receipt of Mr. Graci’s report, he had the septic system pumped. He stated that he had never had any trouble with the system, no backup, no odor, and could not understand why he should have to replace it. He further noted that had he not put the property on the market in December, 2002, the inspection would never have taken place, and there would have been no report of a failed septic system at 5 Owl Lane. He also stated that he was on a fixed income and did not want to have to lay out $6000 unless it was necessary.
Glen Harrington stated that unfortunately, when an inspection takes place and a failed system report is issued, there is no way to get out of an on-record failure. Glen informed Mr. Doolin of the emergency fund program for hardship cases. There are no out of pocket costs. The money comes from the state which is sent to the county for distribution for each of the towns. There is a payback period of 20 years through property taxes.
Glenn Santos stated that unfortunately the BOH has no other choice. It is a state regulation and the Board has no authority to give a variance to a state regulation. However, the Board can give Mr. Doolin an extension for the period required to get into the emergency fund program.
Steven Ball made a motion to extend 30 days from today to Matthew J. Doolin at 5 Owl Lane in Mashpee to complete the required paper work to enroll him in the emergency fund program. Lucy Burton seconded the motion. All approved.
OLD BUSINESS
No old business.
NEW BUSINESS
Sign Warrants. Warrants were signed by the Board members.
Approval of Minutes. Minutes from the meeting of 7/14/05 were corrected as follows:
Page 1, paragraph 3, line 10 should read Assistant Health Agent.
Page 5, paragraph 5, line 2, should read frequency.
Page 5, paragraph 8, line 2, should read understand
Page 9, paragraph 11, line 1, should read Letter
Lucy Burton moved that the minutes from the 7/14/05 meeting be approved as corrected. Steven Ball seconded the motion. All approved.
Title V Variance Request: 97 James Circle, Cape & Islands Engineering Representative
Glen Harrington commented that the property is not Zone 2, but is essentially vertical real estate - from the street to the Pond it drops off. Therefore the house and retaining walls are all very necessary. It’s the only land left up there. They did the best they could. The variance request to the street property line is requested to maintain 108’ separation from the soil absorption system to the BVW along John’s Pond. They are providing the cover over soil absorption system. Glen Harrington recommended approval of the request.
Steven Ball made a motion to approve the variance request on 97 James Circle, Mashpee, MA. as printed in the cover letter from Cape & Islands Engineering dated July 27, 2005. Lucy Burton seconded the motion. All approved.
Summerwood Condominium Septic Failure - FYI
Glen Harrington reported a septic failure in Building 5 of the Summerwood Condominiums. Two leaching pits are full. Two potential buyers have been lost because of the septic failures. There are five units of two bedrooms each, and ten bedrooms in each of those buildings, putting them over the 600 gallons per day regulation. Attorney McNichols for Summerwood Condominiums asked what kind of timeline they have to upgrade the system. The Association will take their fully allotted time of two years to upgrade to a denite system. Since the two leaching pits are full, they do not have two years to upgrade. Other residential condominiums are going to be running into the same kind of problem and will have to do the upgrade. Glen suggested an option would be to give them the chance to put in a standard
system with the stipulation that they come back as a Condominium Association and do something association-wide for the condominiums, or at least do the work in phases. Glen Harrington expressed to Attorney McNichols that if the county gets the $10 million they are going for through the new Septic Loan Program legislation, that money can be used for residential condominiums.
Veronica Warden will call Attorney McNichols to inform her that the BOH wants the 600 gallons per day regulation to be strictly enforced. She will need to go back to the condominium association to inform them that they will need to do something. The association will need to get back to the BOH within 14 days as to the action they plan to take.
Town Counsel Meeting for BOH Members
Glen Harrington reported that he had set up a meeting with Town Counsel at 11:30 AM on Friday, August 19th for Veronica Warden and/or someone from the Board of Health to discuss any of the Board of Health pending issues, i.e., Weinstein, Deer Crossing, Mobil.
Update on 5 Equestrian Drive
Glen Harrington reported that the work has been completed. The center main hole got installed under a permit. The only thing yet to be completed is the O&M agreement from the current owner, but it was beyond the control of the installers and engineers. A letter was received from
Jerry Carter saying that the work had been done, and that Bill Everett was on vacation until next week. Upon Mr. Everett’s return, the agreement would be issued.
DISCUSSION
Cape Cod Regional Tobacco Control Program
Letter of Support – Original signatures for a letter of support were sent off, and were lost. Another one with original signatures has been faxed off.
Compliance Checks – A letter dated 8/05/05 was received from the CCRTCP reporting a round of compliance checks of tobacco retailers in Mashpee. One 17-year-old male student assisted in the compliance checks. None of the retailers sold to the minor.
Local Public Health and the Law Seminar – FYI
Information about a statewide conference sponsored by the Massachusetts Department of Public Health and the Harvard School of Public Health Center for Public Health Preparedness was distributed to the Board. The conference will be held on November 21, 2005, from 9:30 AM to 4:00 PM at the DCU Center in Worcester, Mass. The conference will provide an overview of the laws and legal and administrative processes available in both public health emergencies and in your day-to-day work. Key legal issues faced by public health workers during an emergency will be addressed, as well as specific legal remedies to address such issues.
The next meeting of the Board of Health was scheduled for Thursday, August 25, 2005. As there was no further business, the meeting was adjourned at 8:30 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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