TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC MEETING
Minutes of the Meeting of Wednesday, March 28, 2007
Board Members Present: Also Present:
Steven Ball, Chairman Glen Harrington, Health Agent
Lucy Burton, Vice Chairman Veronica Warden, Assistant Health Agent
Glenn Santos, Clerk
Chairman Steven Ball called the meeting to order at 7:11 PM.
APPOINTMENTS
7:15 PM Alex Walsh – 4 Jeep Place – Title V Variance Request
Alex Walsh introduced himself to the Board, representing his Mother, Margaret Walsh. The Walshes are selling the home and have a buyer for the property.
Glen Harrington commented that a septic inspection had been done and a cesspool found. The leaching pit is near ground water, without a 4 ft. separation in between. Glen stated further that the leaching pit has not failed. Alex Walsh is requesting approval to put in a 1500 gallon tank to replace the cesspool.
Jamie Regan, the realtor handling the sale of the property for the Walshes, introduced himself to the Board. He stated that the Walshes are selling the property at 4 Jeep Place, which is a 13,000 sq. ft. lot located in Popponesset. Mr. Regan stated that the buyer wants to use the property as is for the summer, but has plans to tear down the existing building after the summer season is over. At that point in time, the buyer will need to present new building plans to the Board of Health for approval.
Alex Walsh stated that he wanted to fulfill his obligation as the seller to meet the Title V regulation as far as putting the system into usable condition for the sale of the property.
Glenn Santos made a motion to approve the variance request for 4 Jeep Place to install a 1500 gallon tank with a D Box, and use the existing 1000 gallon leaching pit. Lucy Burton seconded the motion. All approved.
7:30 PM – Baxter Nye Engineering - 122 Red Brook Road
Stephen Wilson, with Baxter Nye Engineering, introduced himself to the Board as representing his client, Red Horse LLC. Mr. Wilson stated that his client had purchased the parcel at 122 Red Brook Road which has a four bedroom house and a one bedroom cottage, with a horse barn and a number of paddocks. Presently, the property is subdivided into three lots. Mr. Wilson was at the meeting to discuss the application of Design Flows in Excess of 600 GPD (Part IX, Section 14.00) to the existing parcels that make up the site at 122 Red Brook Road. His client would like to construct a guest house and have a toilet in the proposed stable after the subdivision is rescinded and the lots are combined into one lot, with a deed restriction of eight bedrooms on the entire 5 ½ acre parcel.
Glen Harrington stated that the BOH records show the property as one single property in 1994. Steven Ball commented that he thought the property was subdivided after the 600 GPD regulation came into effect. Mr. Wilson stated that he would provide the BOH with a copy of the subdivision plans.
Glenn Santos made a motion to continue the discussion until the next BOH meeting when the subdivision plans are made available. Lucy Burton seconded the motion. All approved
NEW BUSINESS
1. Sign Warrants. The Board members signed the warrants.
2. Approve Minutes of 2/28/07 and 3/14/07.
Lucy Burton moved that the 2/28/07 minutes be approved. Glenn Santos seconded the motion. All approved.
Glenn Santos moved that the 3/14/07 minutes be approved with the following correction:
Page 3, under 3. Title V Local “Bedroom Definition” Variance Requests – 86 Pimlico Pond Rd., first paragraph, delete the entire last sentence of the paragraph.
Lucy Burton seconded the motion. All approved.
3. Review of Proposed Kennel Regulation
Steven Ball stated that the Board would begin discussion of the kennel regulation document by reviewing the recent changes to the draft, and then open up the meeting to comments from the public, limiting each speaker to 5 minutes. After public comments, the Board would consider any further changes to the document, and then take a vote on whether or not to adopt the Kennel Regulation. Copies of the most recent draft of the regulation were given to the members of the public attending the meeting, for their review.
The Board members recommended their proposed changes to the current kennel regulation draft. The meeting was then opened up to the public for their comments.
Charlene Maxim introduced herself to the Board. She stated that her most objectionable point of the proposed BOH kennel regulation is her concern that the definition of “kennel” failed to recognize the private resident who chooses to own and care for more than 3 dogs for personal use, versus commercial use. She stated that at both the February 28th and the March 14th BOH meetings she pointed out that the regulation unfairly lumps a person who wants to keep four dogs into the same approval process as a commercial entity having a store front open to the public at large. Ms. Maxim requested that the BOH postpone a decision accepting the BOH regulation as written until such time that the zoning would allow the issuance of a kennel license in a residential zone, or the regulation revised so as
not to exclude a private resident living in a residential zone.
Margaret Harsch, Mashpee resident, introduced herself to the Board. Ms. Harsh stated that she could not understand why the BOH could not differentiate between the various kennels, i.e., commercial, residential, hobby, private. She questioned why the $25 kennel fee was the same for commercial as well as residential kennels. Her feeling was that commercial kennels are in the business to make money; residential kennels are not.
David Harsch of 16 Sunset Strip, Mashpee, introduced himself to the Board. Mr. Harsch stated that “all kennels are not the same”. He stated that he had earlier questioned the BOH new definition of a kennel and said that if passed, he would likely have to move because he has four dogs and breeds them occasionally. The Town petition articles define different levels of breeders from commercial and domestic businesses to personal kennels. Mr. Harsch requested that the BOH regulation, if approved, not go into effect until June 1, 2007, after the May ’07 Town Meeting.
Glenn Santos made a motion to accept the BOH Kennel Regulation with the recommended changes agreed upon by the Board members, to become effective as of June 1, 2007. Lucy Burton seconded the motion. All agreed. (See Attachment A for complete details of the BOH approved Kennel Regulation document).
4. Title V Variance Requests – 77 Shore Drive, Leonore Anderson
Glen Harrington stated that this discussion was continued from the last BOH meeting until after the required 10-day abutter notification period had elapsed. The Board commented that there was no cover letter submitted with the plans, listing the requested variances. However, all variances were listed on the plans. Glen Harrington stated that there is no requirement for a cover letter.
Lucy Burton made a motion to approve the proposed plans for the construction of a disposal system at 77 Shore Drive, with the stipulation that a liner is added from the septic tank to the house. Glenn Santos seconded the motion. All approved.
5. Review of Food Establishment Inspection Report: Bleu, Mashpee Commons (FYI)
Veronica Warden stated that on 3/15/07 a BOH inspection of the Bleu Restaurant in Mashpee Commons was conducted and five critical violations were identified at that time. At a follow-up inspection of Bleu on 3/28/07, Veronica Warden reported that all five critical violations had been corrected.
6. Request for 2007 Food Establishment Permit: “The Pizza Guyz” – Brickyard Marketplace, Unit 7 – Christos Varetimos
Glen Harrington reported that he and Veronica Warden had reviewed the floor plans, and had received a copy of the menu from Christos Varetimos, President of the establishment, as well as a copy of their current ServSafe Certificate.
Glenn Santos made a motion that the Board approve the Food Establishment Permit Application for “The Pizza Guyz” restaurant, pending the standard pre-opening inspection by the Board of Health. Lucy Burton seconded the motion. All approved.
7. Request for MA DPH Variance Request: Callies Beach
Glen Harrington stated that Callies Beach is a remote beach located on Waquoit Bay, accessible only via Will’s Work Road, a very rough, rutted dirt road with very limited parking available at the beach area. Because of its inaccessibility and limited parking, the MA DPH contacted the BOH in September 2006 to request a variance from the required weekly routine bathing season monitoring of the water quality of the beach, due to its more pristine record and low potential for bacterial exceedance.
Glen Harrington stated that in May 2006, a proposal from the DPW was approved to construct a parking lot and improved access to Callies Beach. For this reason, the BOH did not address the MA DPH variance request, or believe that approving a variance was warranted to reduce monitoring to a beach that potentially was going to be receiving additional use which might take it out of a Tier 3 classification. Glen Harrington reported that he has now been advised that the funding for the parking lot and improved access to the beach has been pulled or put on hold. The DPW must seek other funding sources to attempt the project and nothing will be available until 2008. Glen Harrington therefore recommended approval from the BOH to classify Callies Beach as Tier 3, and the subsequent reduction of monitoring of the water by the MA
DPH for the 2007 bathing season.
Lucy Burton made a motion that the BOH grant the MA DPH variance request to reduce the monitoring of the water quality at Callies Beach from once per week during the bathing season to once prior to the bathing season and once per month throughout the bathing season. Glenn Santos seconded the motion. All approved.
8. Request for Release of Bond: Waste Solutions, Inc.
Waste Solutions, Inc. has requested that the BOH release the cash bond, plus any interest, that was posted for obtaining a waste hauler’s permit from the BOH.
Lucy Burton made a motion that the BOH release the cash bond plus any interest being held for Waste Solutions, Inc. Steven Ball seconded the motion. All approved.
9. Nomination of Inspector of Animals for May 1, 2007 to April 30, 2008
Lucy Burton made a motion that the Board of Health nominate June Daley and Veronica Warden as Inspector of Animals, for the period from 5/01/07 through 4/30/08. Glenn Santos seconded the motion. All approved.
10. Nitrogen Aggregation - 2 Fiddler Crab Lane
Glen Harrington stated that at the last BOH meeting the 2 Fiddler Crab Lane nitrogen aggregation plan by Cape & Islands was presented for consideration. As requested by the BOH, Cape & Islands has since submitted the full Title V design plan for the property using the nitrogen aggregation. The plans were received by Glen Harrington just this morning which did not allow sufficient time for his review. The Board agreed to continue consideration of the nitrogen aggregation plan for 2 Fiddler Crab Land until the next BOH meeting after Glen Harrington has had time to review the full Title V design plan.
OLD BUSINESS
1. Alfreda Hunt, 62 Santuit Pond Road
Glen Harrington reviewed the situation at 62 Santuit Pond, stating that last May ’06 during a BOH inspection, there was discovered an above-ground storage tank that had a leak. The BOH wrote a letter to Alfreda Hunt on 5/15/06 instructing her to hire a professional to take care of the soil contamination that had occurred as a result of the storage tank leak. Nothing was heard from Alfreda Hunt until a letter was received from her dated March 6, ’07, in which she stated that the issue had been addressed, the property had been sold and the realtors and bank attorney involved in the sale were aware that necessary steps must be taken before the closing could occur. After the sale of the property, Ms. Hunt relocated to Boston. At the last BOH meeting on 3/14/07, the BOH requested that Glen Harrington contact
Kathleen Humphrey, the realtor who handled the sale of the property, to determine whether or not the soil contamination problem had been taken care of prior to the sale.
Glen Harrington reported that he had spoken to Kathleen Humphrey since the last BOH meeting, and was told that the work at 62 Santuit Pond Road had, in fact, been done and the problem fixed. Glenn Santos recommended that Glen Harrington send a letter to the Mashpee Fire Department stating that in the future it would be appreciated, and appropriate, for the BOH to be notified when this kind of problem is discovered.
2. Request for Title V and Local BOH Variances: 71 Monomoscoy Road
Glen Harrington stated that the original request for the 71 Monomoscoy Road variances had been denied by the BOH on 9/25/06. Cape & Islands sent plans dated 3/19/07 which were revised to 3 bedrooms. The variance requests are as follows:
a) 310 CMR 15.405 Local Upgrade Approval, Maximum Feasible Compliance
b) The proposed soil absorption system to the cellar wall/crawl space will be 10’ (20’ required)
c) The proposed soil absorption system will be 41’ to the BVW. (50’ required)
d) The reserve area will be 29’ from the BVW (50 ‘required)
Glenn Santos made a motion to approve the variance request for 71 Monomoscoy Road with the following conditions:
a) The BOH needs a revised set of plans to include the locus that was asked for
b) The variance requests need to be stated on the plans for Title V
c) There must be a liner between the SAS and the cellar wall
d) Standard O & M requirements will apply, with quarterly inspections for two years
e) Clarification is needed on the distance separating the SAS to the waterline
Lucy Burton seconded the motion. All approved.
DISCUSSION
1. Review of New Application for Temporary Food Permit - FYI
Veronica Warden distributed copies of the revised Application to Operate a Temporary Food Concession. The Board reviewed the new document and approved the new format.
2. Pandemic Influenza Guidance Handbook – “Town of Mashpee Local Influenza Pandemic Planning Information”
Glen Harrington stated that the handbook had been prepared by himself along with assistance from Dr. Lewis Mantel. Copies of the new handbook were distributed to each of the Board members. Glen Harrington stated that he plans to write a cover letter for the handbook which will highlight the important items in each section of the book. The entire operation plan is 900 pages long, and essentially it is the CDC saying to the rest of the federal government that the response to a pandemic flu outbreak is going to be a local response, and everybody else is going to have to support the locals. The BOH will have to be on the ground and running. After review and approval by the Board of Health, Glen Harrington will distribute copies of the Handbook to the Board of Selectmen and the other town Boards and Commissions.
3. January 2007 Landfill Gas Screening Report
Glen Harrington reported that on January 30 and 31, 2007, HW staff conducted landfill gas screening at 13 perimeter gas monitoring wells, identified as SGW-1 through SGW 12, and SGW-14 through SGW-17; at nine soil gas vents, identified as V-A through V-I; and within the transfer station and guard house structures at the Asher’s Path Landfill, Mashpee. Soil gas monitoring well SGW-13 has been destroyed and was not screened during this sampling event. Hydrogen Sulfide, LEL, and VOCs were not detected in any of the screening locations. At the 300 second sampling interval, carbon dioxide was detected at 1% in landfill gas vents V-F,V-E,V-D,V-C,V-A, and at 2% in vents V-B and gas monitoring wells SGW-9 and SGW-12. Oxygen concentrations ranged from 9.8% (SGW-5A) to 20.0% (V-H, SGW-12 and Guard House).
SCREENING REPORT CONCLUSIONS
1) Field screening of landfill gas monitoring wells, landfill gas vents, and structures on site did not indicate the presence of landfill gases.
2) Landfill gas monitoring well SGW-9 is currently damaged and should be repaired prior to the next sampling event.
3) Landfill gas monitoring well SGW-13 was apparently destroyed during the installation of a perimeter fence. Prior to its destruction, SGW-13 existed as the northern-most landfill gas monitoring well. Further evaluation of SGW-13’s value to the environmental monitoring program is necessary to determine whether a replacement well is necessary. Several landfill gas monitoring wells were either missing j-plugs or were fitted with inadequate substitutions.
Glenn Santos noted that the DEP now seems to be performing more of an enforcement role in order to generate funds through fines. He stated that the DEP used to be easy to work with, and was sympathetic to the financial problems of the towns regarding the repair and upkeep of equipment at the landfills. Glen Harrington stated that Catherine Laurent had planned to address the damage to the SGW-13.
The next meeting of the Board of Health is scheduled for Wednesday, April 11, 2007, at 7:00 PM at the Board of Health office, Town Hall. As there was no further business, the meeting was adjourned at 9:25 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
Attachment
| 
