TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC MEETING
Minutes of the Meeting of Wednesday, March 14, 2007
Board Members Present: Board Member 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 7:03 PM.
APPOINTMENTS
7:15 PM – Alfreda Hunt – “Show Cause” – 62 Santuit Pond Road.
Glen Harrington stated that the property at 62 Santuit Pond Road had been sold. Glen Harrington conducted a septic inspection last May, and was able to smell the soil contamination as he approached the area. There was an above-ground storage tank that had a leak. The BOH sent a letter to Ms. Hunt on May 15, 2006, instructing her to hire a professional to take care of the soil contamination that had occurred as a result of the storage tank leak. The BOH did not hear from Ms. Hunt until receipt of a letter to the BOH from Ms. Hunt dated March 6, 2007, in which she stated that the issue of removal of soil from 62 Santuit Pond Road was addressed, the property had been sold, and the realtors and the bank attorney involved were aware that necessary steps needed to be taken before the closing could occur. Ms.
Hunt has since relocated to Boston. The Board asked that Glen Harrington contact Kathleen Humphrey, the realtor involved in the sale of the property, to get more information regarding whether or not the soil contamination problem had been taken care of.
Lucy Burton made a motion to continue discussion of the situation at 62 Santuit Pond Road until more information is available re: resolution of the above-ground storage tank leak. Steven Ball seconded the motion. All approved.
7:30 PM – Peter McEntee – Variance Request – 15 Mutiny Way
Peter McEntee with Engineering Works, Civil Engineers, introduced himself to the Board. On behalf of his client, Mr. Thomas Young, Mr. McEntee was requesting the following variance requests:
1. A 5’ variance, SAS to front property line for a 5’ setback.
2. A 7’ variance, septic tank to front property line, for a 3’ setback.
3. A 7’ variance, septic tank to water service, for a 3’ setback.
4. A 50’ variance, SAS to coastal bank, for placement of the SAS at top of the coastal bank
5. A 25’ variance, septic tank to coastal bank, for placement of the septic tank at top of the coastal bank
Mr. McEntee stated that there is one abutter with a well. The variance requests are contingent upon the abutter’s agreement to get hooked up to town water.
Lucy Burton made a motion to approve the septic system upgrade for 15 Mutiny Way as presented by Mr. McEntee, with the following stipulations: that there be a 2-bedroom deed restriction on the property, and that the property at 9 Mutiny Way is hooked up to town water prior to the issuance of the septic permit. Steven Ball seconded the motion. All approved.
7:45 PM. Peter McEntee – Variance Requests – 18 Bright Coves Way & 24 Spoondrift Way
Peter McEntee with Engineering Works, Civil Engineers, introduced himself to the Board. Mr.McEntee, on behalf of his client, Mr. David Ferestein, presented the following variance requests for a Title V upgrade at 18 Bright Coves Way:
1. A 3’ variance to the maximum cover requirement of 3’, for 6’ of cover. SAS to be vented and rated for H-20 loading.
2. An 8’ variance, SAS to side property line for a 2’ setback.
3. An 8’ variance, SAS to rear property line for a 2’ setback
4. A 10’ variance, SAS to cellar wall, for a 10’ setback
5. A 1’ variance, septic tank to top of coastal bank, for a 24’ setback
The property line variances are requested to maximize the distance to wetland resource areas.
Mr. McEntee stated that the abutter, located in Florida, was notified March 2, 2007.
Lucy Burton made a motion to approve the plans submitted for 18 Bright Coves Way with the following stipulations: that the property lines are staked, that there is a 40 membrane on the cellar wall, and that the above-outlined variance requests are approved under maximum feasible compliance. Steven Ball seconded the motion. All approved.
7:45 PM – Peter McEntee – Variance Requests – 24 Spoondrift Way
Peter McEntee introduced himself to the Board as representing Mr. Mark Jennings, property owner at 24 Spoondrift Way. Mr. McEntee, on behalf of Mr. Jennings, made the following variance requests for a Title V septic upgrade at 24 Spoondrift Way:
1. A 9’ variance, SAS to front property line, for a 1’ setback
2. An 8’ variance, SAS to side property line, for a 2’setback
3. A 10’ variance, SAS to cellar wall, for a 10’ setback
4. A 7’ variance, septic tank to cellar wall, for a 3’ setback
5. A 6’ variance, septic tank to water service, for a 4’ setback
6. A variance to sleeve sewer system svc. Vs. water svc. at crossing
7. A 19’ variance, septic tank to top of coastal bank, for a 6’ setback
8. A 47’ variance, SAS to top of coastal bank, for a 3’ setback
Glen Harrington made the following comments. The property line needs to be staked prior to construction; coloforms for ultraviolet light need to be tested quarterly for 2 years; sludgehammers should be approved under remedial approval which they have from the State; the above-listed variance requests need to be approved under maximum feasible compliance; the standard O& M requirements for the sludgehammers will apply, with quarterly inspections for two years; completion date for the work needs to be set for July 6, 2007, two years from failure of certification on July 6, 2005, in compliance with Title V. A 2-bedroom deed restriction needs to be filed prior to issuance of the Certificate of Compliance.
Steven Ball made a motion to approve the above variance requests for a Title V septic upgrade at 24 Spoondrift Way, with the following stipulations:
1 property lines need to be staked prior to construction
2 the remaining above-listed variance requests are approved under maximum feasible compliance
3 the sludgehammer innovative technology is approved under remedial approval
4 an O&M contract shall be submitted to the BOH to include quarterly sampling for two years of total nitrogen and for coloforms for ultraviolet light
5 work shall be completed by July 6, 2007
6 A two-bedroom deed restriction shall be filed prior to issuance of the Certificate of Compliance
Lucy Ball seconded the motion. All approved.
8:00 PM. Cape & Islands – Nitrogen Credit Plan – 650 Old Barnstable Road
John Slavinsky of Cape & Islands Engineering introduced himself to the Board. John displayed credit plans for 650 Old Barnstable Road. The 18,881 square ft. credit is going to 2 Fidler Crab Lane, which will be added to 11,119 square feet at Fidler Crab Lane, totaling 30,000 square feet. Glen Harrington stated that the plan meets all the requirements of the nitrogen aggregation plan, but the rest of the Title V design plan needs to be delivered to the BOH.
Lucy Burton made a motion to approve the Nitrogen Credit Plan for 650 Old Barnstable Road and 2 Fidler Crab Lane as presented by John Slavinsky, upon receipt of the complete Title V septic design plan. Steven Ball seconded the motion. All approved.
NEW BUSINESS
1. Sign Warrants. The Board members signed the warrants.
2. Approve Minutes of February 28, 2007.
The 2/28/07 minutes were amended as follows:
Page 1, under 7:30 PM William Zammer. The first sentence was changed to read as follows: John Salinsky of Cape & Islands Engineering, representing William Zammer, introduced himself to the Board. The second sentence was changed by deleting the name Mr. Zammer, and replacing it with the word The. A second paragraph was inserted to read as follows: “The variance being requested is for relief from Title V 310 CMR 15.211 – Setbacks. The variance was requested to install a bulkhead within 20 feet of the existing soil absorption system (16 feet requested).
Page 1, under 7:45 PM, third paragraph,lines 1 and 2, Grassi is replaced with the spelling Graci.
Page 2, first paragraph, line 1, replace the word valves with the word covers.
Page 2, paragraph 2, line 4, change “runs out” to read inspection report expires.
Page 2, under 8:15 PM, second paragraph, line 4, change the word “connotes” to is.
Page 2, under 8:15 PM, third paragraph, line 1, change “proposed remodeling plan” to read addition of Breakfast/Sandwich program.
Page 3, under 3. Request for Letter of Support. Replace the first paragraph with the following paragraph: “Glen Harrington reported that the initial request for support came from Lindsey Counsell of the Barnstable Redevelopment Authority, asking for a letter of support to help reduce the nitrogen in the area. A letter was received from Gabrielle Sakolsky, Assistant Superintendent, Cape Cod Mosquito Control Project located in Yarmouthport, stating that the standing water caused by the lack of drainage at the bogs on Shields Road, Mashpee has produced a mosquito problem in that area. Ms. Sakolsky’s letter states further that restoring the original drainage system which has been closed off by development of the area would resolve some of the mosquito problem. Ms. Sakolsky
is requesting assistance from the Mashpee BOH to relieve the problem.”
Page 4, under OLD BUSINESS, paragraph 1, insert the following first sentence: Lucy Burton stepped down from the following discussion regarding Mr. Ahern’s request for a mobile food permit.
Page 6, under OLD BUSINESS, paragraph 2, line 4, add the sentence Lucy Burton abstained from the vote on the motion.
Page 7, under Newspaper Article , line 1, delete the words Mashpee Enterprise.
The minutes will be revised as noted above, and will be reviewed for approval at the next BOH meeting on March 28th, 2007.
3. Title V and Local “Bedroom Definition” Variance Requests – 86 Pimlico Pond Road.
Mark Marinaccio, Architect, introduced himself to the Board as representing the Garabedian family, owners of the property at 86 Pimlico Pond Road. Mr. Marinaccio stated that the Garabedians had asked him to design a second story space over the garage, to be used as a family room, and included a bathroom for convenience, not for purposes of a fourth bedroom. The room could conceivably be used as a bedroom, however, because it is entirely closed in and would meet the BOH privacy conditions that define a bedroom.
Glen Harrington commented that the proposed use right now by the Garabedians is for a family room, not a bedroom. However, it is not known right now whether or not any future owners of the home will turn the space into use as a bedroom.
Mr. Marinaccio stated that the space does open up to the public areas of the house. There are no doors closing off the space.
The Board gave their approval to the plans presented by Mr. Marinaccio.
4. Request for Temporary Food Stand Permit – “Kids Klub” St. Patrick’s Day Breakfast
Glen Harrington stated that the breakfast is a charity event being sponsored by Mashpee Leisure Services. ServSafe certification has been obtained.
Lucy Burton made a motion to approve the temporary food permit request from Leisure Services for a St. Patrick’s Day Breakfast charity event. Steven Ball seconded the motion. All approved.
5. Title V Variance Requests – 77 Shore Drive – Leonore Anderson
Glen Harrington stated that the design plans from Ferreira Associates were received by the BOH today.
The ten-day notification period to abutters has not yet expired. Also, a cover letter is needed to accompany the application for a disposal system construction permit.
Lucy Burton made a motion to continue consideration of the variance requests at 77 Shore Drive to the next BOH meeting. Steven Ball seconded the motion. All approved.
6. Title V Variance Requests – 12 Pondview Road
David Martin, Falmouth Engineering, Inc. representing Melissa Allen, who has a failed-by-inspection septic system, introduced himself to the Board. He is requesting approval of the following variance requests:
1. Install SAS 5’ from property line (10’ minimum required)
2. Install SAS 10’ from foundation wall (20’ minimum required)
3. Install SAS 88’ +/- from wetland (100’ minimum required)
4. Install septic tank 70’ from wetland (100’ minimum required)
Lucy Burton made a motion to approve the Application for Disposal System Construction Permit for 12 Pondview Road with the condition that the standard O & M requirements are met for quarterly inspection of the newly installed system for two years. Steven Ball seconded the motion. All approved.
7. Request to Change Willowbend Water Quality Monitoring Requirements (Horsley Witten )
Glen Harrington stated that he recommended the completion of the initial 3-year monitoring period of the environmental monitoring of Willowbend. Horsley Witten recommends that influent and effluent monitoring of the new wash facility be conducted as an informational (non-regulatory) process two to three times per year for two years, as sufficient flow through the system allows.
Steven Ball made a motion to approve the request for change to Willowbend Water Quality Monitoring Requirements. Lucy Burton seconded the motion. All approved.
OLD BUSINESS
Amendment to 2007 Fee Schedule “Lead Determination”
Glen Harrington stated that Veronica Warden had requested that a fee be included in the 2007 Fee Schedule for a BOH housing inspection for lead determination.
Lucy Burton made a motion to amend the 2007 Fee Schedule to include a $50 fee for a BOH lead determination inspection. Steven Ball seconded the motion. All approved.
DISCUSSION
1. Recycling Regulation Hearing.
Glen Harrington requested that the Board set a date for the next recycling regulation hearing. The Board agreed to set the next recycling regulation hearing for Wednesday, April 25, 2007.
2. Kennel Regulation.
Glen Harrington reported that Veronica Warden has been working on revisions to the Kennel Regulation document, the most recent draft of which was distributed to the Board members.
David Harsch, Attorney at Law with an address at 16 Sunset Strip in Mashpee, sent a letter to the Board of Health, requesting that the Board postpone voting on its regulation until after residents have their say at Town Meeting. A copy of Mr. Harsch’s letter was distributed to the Board members. The letter noted that both Barnstable and Falmouth have limits on the number of dogs a resident can own without being a kennel. Instead of four or more dogs, Mr. Harsch’s petition sets the limit for commercial kennels at 10 or more.
Mr. Harsch’s letter took up the difference between residential and commercial kennels, stating that “the BOH regulation is unfair, unenforceable, and causes otherwise law-abiding citizens to use protective strategies that are unnecessary without limit laws.” Mr. Harsch stated in his letter that his petition articles are drawn from what he refers to as “the best features from the surrounding towns” of Barnstable, Falmouth, Sandwich, and Bourne.
Charleen Maxim, a Falmouth resident who owns property at 186 Timberlane Drive, introduced herself to the Board. Ms. Maxim stated that she is particularly concerned about the BOH definition of “kennel”. She feels that the BOH proposed regulations are tied to zoning requirements, which require a special permit if the kennel is in a commercially zoned area and mandate that the animals are kept “wholly indoors” if it is in a business zone.
When asked by Lucy Burton what Charleen Maxim’s resistance was to the definition of kennel, Ms. Maxim stated that the regulation is omitting a niche for anyone who might be a hobby breeder. She stated that there needs to be a distinction made between residential and commercial kennels.
Lucy Burton stated that the proposed BOH regulation makes exception for “doggy daycare”, grooming and other facilities where the animals are not kept overnight. There are no stipulations about keeping the dogs “wholly indoors”. The proposed regulations do, however, include a requirement to provide an outdoor shelter for the dogs.
Lucy Burton stated that the BOH members are appointed to, and are responsible for, protection of the public health and safety of residents as well as animals. That is the purpose behind the BOH establishment of a BOH Kennel Regulation.
Sally Ann Robbins, a Mashpee resident, introduced herself to the Board, and asked whether there were zoning restrictions for dog kennels. Glen Harrington stated that there were no zoning laws in Mashpee related to recreational kennels.
Valerie Robinson introduced herself to the Board. She stated that she has 6 dogs and asked whether there was some restriction as to the number of dogs owned. Glen Harrington stated that there was no restriction regarding the number of dogs owned.
Steven Ball stated that the Kennel Regulation issue will be added to the agenda for the 3/28/07 BOH meeting, under NEW BUSINESS.
Water District Request for Comments on New Meter Measuring Manganese in Drinking Water
Glen Harrington reported that the Water District has requested the BOH opinion on the use of a new meter that measures manganese content in drinking water. The Water District is now required to treat for manganese and iron. In order to test for manganese, the new field test kit uses a sodium cyanide solution to block out other metals such as copper, lead, iron, cobalt which can throw off the actual manganese test results. The end test result is a 10 milliliter vial sample that contains cyanide.
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Glen Harrington would like to determine whether there is an alternative to this test. Is there a way for a laboratory to give the Water District a 24-hour turnaround where they can take a water sample, take it to a lab, have it brought back with results given to them in 24 hours. This is essentially what the Water Dept. needs. Glen commented that the field test gives an immediate test result, but questions the harm in postponing receiving test results for 24 hours. Manganese and iron in the water is a taste, color and stain nuisance; no one is going to die from having a little manganese and iron in their water. Disposing of the field test samples containing cyanide, which are hazardous wastes, would be another issue. Also, the Water Treatment Operators would be subjected to exposure of the
cyanide.
Glen Harrington stated that he would write up an opinion on the manganese test for review by the BOH at the next meeting.
The next meeting of the Board of Health was scheduled for Wednesday, March 28, 2007, at 7:00 PM in Conference Room 1, Town Hall.
The meeting was adjourned at 9:00 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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