TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC MEETING
Minutes of the Meeting of Wednesday, October 11, 2006
Board Members Present: Members Absent: Also Present:
Steven Ball, Chairman Glenn Santos, Clerk Glen Harrington, Health Agent
Lucy Burton, Vice Chairman
Chairman Steven Ball called the meeting to order at 7:02 PM
APPOINTMENTS
Jack Landers-Cauley – Summerwood Condominiums
Jack Landers-Cauley introduced himself to the Board as engineer representing the Summerwood Condominium Association, regarding the need for a solution to the Condominiums’ problematic septic systems. Mr. Landers-Cauley stated that Diane Mulligan, attorney for the Summerwood Condominium Association, had been in touch with the Dept. of Environmental Protection (DEP). Ms. Mulligan reported that the DEP has agreed to put off any requirements for an immediate change-over from the existing condominium septic systems to a costly wastewater treatment facility in order to amend 40% of the condominiums’ septic systems in either failing or near-failing condition. The DEP will lay out a series of both short- and long term options for the condominium association, which are expected to come
by the end of November. Jack Landers-Cauley stated that the condominium development may look to piggyback on the Town’s efforts to install sewers and treatment facilities throughout the town. Glen Harrington stated that he is still looking for septic requirement exclusions for condominiums.
Jack Landers-Cauley agreed to keep the BOH informed of developments as they occur.
William Zammer – Variance Request, 4 Squaw’s Lane
Mr. Zammer was not in attendance at the BOH meeting.
Lucy Burton made a motion to continue discussion of the variance request until the next BOH meeting on October 25, 2006. Steven Ball seconded the motion. All approved.
Jack Landers-Cauley – 34 Neshobe Road
Glen Harrington reported that everything the BOH discussed at the 9/21/06 meeting had been completed. The revised floor plans denote the existing number of bedrooms (4) in the dwelling, the liner along the driveway is 5 feet away from the leaching field, and the locus map is on the plans.
Lucy made a motion to approve the variance requests as outlined in the cover letter for 34 Neshobe Road. Steven Ball seconded the motion. All approved.
David Bilodeau – Variance Request – 89 Degrasse Road
David Bilodeau introduced himself to the Board as owner of the property at 89 Degrasse Road. Mr. Bilodeau stated that he had plans approved in 1995 for a second floor new bedroom and bath which were never acted upon and are now null and void. The property is now in Zone 2. Because of medical reasons, Mr. Bilodeau was unable to complete plans for the second bedroom before the property was changed to a Zone 2.
Steven Ball made a motion to approve a third bedroom only at 89 Degrasse Road. Lucy Burton seconded the motion. All approved.
NEW BUSINESS
1. Sign Warrants. The Board members signed the warrants.
2. Approve Minutes of 8/02/06 – 9/06/06 – 9/20/06.
The minutes of the meeting of August 2, 2006 were unanimously approved as previously corrected.
The minutes of the meeting of September 6, 2006 were unanimously approved as previously corrected.
The minutes of the meeting of September 20 were corrected as follows:
Page 1, APPOINTMENTS, #1, line 2, change the word attorney to engineer.
Page 1, APPOINTMENTS, # 1, line 3, change the word for to with a purchase and sale agreement.
Page 1, APPOINTMENTS, # 2. first sentence, after the name Francisco Tavares, add the words employer for the owner of the property at 34 Neshobe Road.
Page 1, APPOINTMENTS, # 2, under Glen Harrington’s comments, (1) should read “the liner along the driveway should be 5 ft. away from the leaching field”
Page 1, APPOINTMENTS, #3, third sentence, change the words septic update to septic upgrade.
Page 2, APPOINTMENTS, # 4, second paragraph, second sentence, change the word flow to treatment plant.
Page 3, #4, line 1, change the word Representing to Engineering
Lucy Burton made a motion to approve the minutes of 9/20/06 as corrected. Steven Ball seconded the motion. All approved.
3. Title V Variance Request – 14 Capstan Circle.
Peter McEntee, Civil Engineer with Engineering Works, introduced himself to the Board, representing Scott Vetstein, owner of the property at 14 Capstan Circle. Mr. McEntee requested that the following variances be considered for the purpose of a Title V upgrade at 14 Capstan Circle.
(1) a 4 ft. variance, SAS to property line (side), for a 6 ft. setback.
(2) a 3 ft. variance, septic tank to slab (entrance), for a 7 ft. variance
(3) a 6 ft. variance, SAS to cellar wall, for a 14 ft. setback
(4) a 4 ft. variance, SAS to slab (entrance), for a 6 ft. setback
(5) a 7 ft. variance, SAS to leaching catch basin, for an 18 ft. setback
(6) a 2 ft. variance, septic tank to top of coastal bank, for a 23 ft. setback
(7) a 16 ft. variance, SAS to top of coastal bank, for a 34 ft. setback
(8) a 5 ft. variance, septic tank to water service, for a 5 ft. setback
Glen Harrington had the following comments:
- there needs to be a restriction to a 3 bedroom house noted in the deed, to be submitted prior to issuance of compliance
- the H 20, D Box, septic tank and chambers should be in the front yard
Lucy Burton made a motion to approve the plans as submitted by Peter McEntee with the stipulation that there be a 3 bedroom restriction noted in the deed, to be submitted prior to the issuance of compliance, and that the H 20, D Box , septic tank and chambers are located in the front yard. Steven Ball seconded the motion. All approved.
Peter McEntee agreed to submit the revised plans to Glen Harrington for BOH stamp of approval.
4. Request for Reduction in O & M Monitoring Requirements for I/A – 23 Regatta Drive
Lucy Burton made a motion to deny the previously requested reduction of the O&M Monitoring requirements for I/A at 23 Regatta Drive, based on the recently received total nitrogen mg per liter test results which did not meet the 19 mg /liter requirements. The results received were at 24.5 mg/liter. Steven Ball seconded the motion. All agreed.
5. Request for Residential Kitchen Permit – 3 Deborah Bottles Road
Glen Harrington stated that Erica Baron had applied for a residential kitchen license/permit for the calendar year 2006, and requested that the BOH incorporate her current application and fees into next year’s application. Glen Harrington recommended approval of the permit request with the stipulation that the kitchen serves only non-hazardous foods, and that a Serv Safe Certificate be made a requirement for the 2007 permit approval.
Lucy Burton made a motion to approve waiver of the 2006 fee for the residential kitchen permit for 3 Deborah Bottles Road, and incorporate the fee into the 2007 permit fee. Steven Ball seconded the motion. All approved.
Lucy Burton made a motion to require receipt by the BOH, no later than February 1, 2007, of a copy of the Serv Safe certificate for the Residential Kitchen at 3 Deborah Bottles Road. Steven Ball seconded the motion. All approved.
6. Definitive Subdivision Plan Review – 61 Main Street (Pauline Hicks).
Glen Harrington stated that the area is not in Zone 2, and the drainage meets the requirements of the BOH. This is a modification of a definitive 4-lot subdivision off Quashnet Road. Glen Harrington recommended approval of the plan.
Lucy Burton made a motion to approve the definitive subdivision plan for 61 Main Street, Mashpee. Steven Ball seconded the motion. All approved.
7. Preliminary Subdivision Plan Review – 103 Meetinghouse Road – Mark Lopez
Glen Harrington commented that the plan has 2-acre lots, serviced by wells. The lots are located off Meetinghouse Road along the Mashpee River. The plan denotes 200 ft. to meet the Mashpee River setback.
Lucy Burton made a motion to approve the preliminary subdivision plan for 103 Meetinghouse Road. Steven Ball seconded the motion. All approved.
8. Plan Review – South Cape Village Building F-2.
Glen Harrington reported that the septic is already approved. No BOH approval is necessary.
9. Commercial Multi-Unit Title V Design Plan Review – Asher’s Path Residential Development Subdivisision
Joe Henderson and Justin Lamoureux from The Horsley-Witten Group introduced themselves to the Board. They are requesting a variance to allow only the installation of the primary leaching area first, with the reserve leaching area to be installed at a later time.
Lucy Burton made a motion to approve the Title V Design Plan for Asher’s Path Residential Development Subdivision and to allow the variance request to build the primary leaching area first, with the reserve leaching area to be developed at a later time. Steven Ball seconded the motion. All approved.
10. Proposed Amendments to Recycling Regulation.
Lucy Burton moved that the Board continue discussion of the amendments to “Recycling Regulation” to the next meeting when a full BOH is in attendance. Steven Ball seconded the motion. All approved.
OLD BUSINESS
1. Sexually Transmitted Disease (STD) - Update
Lucy Burton reported that she had revamped the press release and had given it to Glen Harrington. She did a preliminary survey of high schools on Cape Cod and found that almost none of them have condoms available to the students, including Mashpee. Glen Harrington stated that the BOH office has condoms available. Lucy Burton further reported that the HPV vaccine is beginning to be available in pediatricians’ offices, and will be covered by health insurance. Mass. Health is starting first; the other insurance companies will follow. The series of three vaccines will be around $120. Falmouth High School has condoms in the bathrooms in baskets. Cape Cod Tech has them available in the nurse’s office. Louise Patrick, Director of Mashpee Human Services, has stated that she would be happy
to have condoms in baskets available in her office. The Wellness Committee at the school has voted not to have condoms available in the schools. Lucy Burton stated that if students have condoms available to them, there is a better chance that they will use them. If they can’t afford to buy them and/or are too embarrassed to buy them and know where they can get them for free, young people will be more likely to avail themselves of condoms.
Lucy Burton stated that her revised draft press release also included information about where to go for counseling, testing, information, and examinations. Another meeting with the superintendent and the school committee was recommended by Lucy Burton, to continue discussion before taking next steps.
Glen Harrington agreed to set up another meeting.
2. Deer Crossing.
Steven Ball made a motion to place Deer Crossing on the agenda for the 10/11/06 BOH public meeting. Lucy Burton seconded the motion. All approved.
Steven Ball stated that in July, 2006 the BOH granted a courtesy “drop dead date” to Deer Crossing to have the septic work completed by Sept. 30th. The BOH was given promises that Deer Crossing would begin work the day after Labor Day on replacing the failed septic system. To date, there has been no activity. Glen Harrington confirmed that Buildings A, B and D were free to replace the failed septic systems.
Lucy Burton made a motion to fine Hajjar Management $1000 per day, retroactive to 10/01/06, for failure to install and complete approved septic systems for Buildings A, B and D in Deer Crossing by the required 9/30/06 deadline. Fines are to continue until final inspections are completed by the BOH. Steven Ball seconded the motion. All approved.
3. Blue Ribbon Committee Report – Steven Ball.
Steven Ball reported that for any new subdivision plans, he suggested to the Blue Ribbon Committee that all Boards make it a policy to require organic instead of commercial fertilizer. The Committee asked that all members take the idea back to their respective Boards for consideration. Lucy Burton questioned how the policy would be enforced/policed? Steven Ball agreed that it may be hard to enforce, but that it was worthy of consideration.
DISCUSSION
1. Restaurant Rating System.
Lucy Burton commented that she feels restaurant cleanliness and sanitation information should be made public information. Lucy Burton stated that she envisions it as a list that restaurants would want to be on, making it a positive rather than a negative rating. The goal is for public access to the information. Glen Harrington agreed to check with the IT Office as to how to access restaurant inspection information and make it available to the public via BOH website.
2. Proposed Food Service Regulation re: Date and Time Labeling for Take-out Services
Glen Harrington reported that Veronica Warden had prepared a draft of Food Service “Take-Out”/Take Away” or “Ready to Eat’ food service regulations, FYI to the BOH for consideration. The BOH would anticipate March 2007 as a timeframe for action on the regulation.
3. FYI – Proposed Time Frame for KI Pill Distribution from DPH (mid-October)
Glen Harrington requested that this issue be continued to the next full BOH meeting in October.
4. Conflict of Interest Seminar in Chatham, April 2007
Glen Harrington announced a Conflict of Interest seminar scheduled for April, 2007, to be held in Chatham.
The next meeting of the Board of Health was scheduled for Wednesday, October 25, 2006, 7:00 PM at the Board of Health office in Town Hall. As there was no further business, the meeting was adjourned at 9:30 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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