TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC MEETING
Minutes of the Meeting of Wednesday, May 9, 2007
Board Members Present: Also Present:
Steven Ball, Chairman Glen Harrington, Health Agent
Lucy Burton, Vice Chairman
Glenn Santos, Clerk
Chairman Steven Ball opened the meeting at 7:00 PM.
APPOINTMENTS
7:15 PM. Baxter Nye – Quashnet Valley Condominiums Variance Request
Matthew Eddy, Managing Partner at Baxter Nye Engineering, introduced himself to the Board. Mr. Eddy stated that Quashnet Valley East Condominiums was requesting a variance from the Town of Mashpee On-Site Sewage Disposal Regulations, Section 17.00 Septic System Inspection Regulations paragraph 4 A – “Risers shall be brought to within 6” of grade for access to septic tanks, distribution boxes and for chambered type soil absorption systems.” Mr. Eddy stated that the Condominium Association was proposing to phase in over 10 years the installation of covers to within 6” of grade on the existing leaching basins and leaching chambers. The Association is requesting that they pay a yearly amount into an escrow fund to be held by the Quashnet Valley East Condominiums, based on the yearly phased cost
that would have been expended to raise the covers, in lieu of actually raising the covers.
The reasoning behind escrowing the funds in lieu of installation is that there is access to grade for all the septic tanks and D Box bull run valves. Water level camera inspections have been completed by the Condominium Association to be in conformance with the inspection requirements of Regulation 17.00. Subsequent inspections will be performed in the same manner as necessary. In addition, the dollars put into the escrow account would allow the funding of a capital account for the Condominium Association to be spent on potential future needed septic system upgrades or other alternatives. When a future upgrade is needed, these escrow funds would go toward the upgrade costs and covers would be brought to grade during construction of the upgraded systems. This plan would reduce the financial burden of the Condo
owners while preserving and spending funds in the most efficient manner possible.
The proposed 10-year phasing of escrowed funds would be as follows:
- there are 22 existing systems with 54 rims that need to be raised to grade
- 5.4 rims per year would be raised with an estimated cost of $1,000 per rim
- total cost per year deposited into escrow would be $5,400
- total escrow account capital funding over 10-year phasing would be $54,000
Jim Chisholm of the Quashnet Valley Condominium Association introduced himself to the Board. Jim stated that the escrow payments would be put in as a line item in the capital budget to assure that the money would not be spent for some other purpose.
Glen Harrington stated that on an over-all long term basis, he felt the BOH needed to turn the corner on handling situations like this. We know the denites are not going to get us where we want to be. DEP is going to hit the condominium associations with the proverbial book and we don’t know when that is going to happen. Once their comprehensive waste water management plan comes in, and once the plan is approved by the State, the DEP is going to wreak havoc on the larger flows.
Glenn Santos stated that he felt the BOH should stick to its guns and enforce its longstanding regulation to raise the covers for septic inspections within an acceptable timeframe and not accept camera inspections in lieu of this over a 10 year period.
Glen Harrington commented that the governor has stated that we have to take into consideration the concern over the amount of money that is necessary to enforce the septic inspection regulation. There are some long term benefits from the Quashnet plan which have been outlined by Matt Eddy.
Glenn Santos made a motion that the Board approve the Quashnet Valley East Condominium Association variance request as requested on the Baxter Nye Engineering & Surveying cover letter dated April 30, 2007, with the following conditions:
-the Quashnet Valley East Condominium Association provide the BOH with a notarized statement in letter form that a separate account has been established, indicating the bank where the account is held, and that the account has been approved by the Condominium Association, for receipt of funds to be used solely for the purpose of future septic system upgrades as they become necessary. Use of the funds from this account must be approved by the Board of Health as well as the Condominium Association.
- A copy of the Condominium Association annual statements will be provided each year to the BOH.
Lucy Burton seconded the motion. All approved.
NEW BUSINESS
1. Sign Warrants. Board members signed the warrants. Glen Harrington reported that he had a request from his Administrative Secretary for the BOH to allow him to sign off on the Sheriff’s Civil Service actions in order to expedite the processing of these checks. The Board concurred.
2. Approve Minutes of April 11, 2007 and April 25, 2007.
· Minutes from the meeting of 4/11/07 were corrected as follows:
Page 3, under DISCUSSION, 1. Re: Weinstein Case, line 2, change the word ‘him’ to ‘Mr. Weinstein’.
The minutes were unanimously approved as corrected.
· Minutes from the meeting of 4/25/07 were unanimously approved as written by the Board.
3. Title V Variance Hearing – 20 East Road
Glen Harrington reported that this is an upgrade of an existing cesspool. The proposed system is a vast improvement. It is a small lot. The cesspool was the old standard 500 gallon metal tank. The variance request includes reductions less than 100 feet to two abutters’ wells. On the plan there is a notation of verbal approval from the two abutters with those wells. In the past the BOH has either required denite if it is less than 100 feet from the abutters, or wait until those abutters tie into Town water and then issue the actual disposal works instruction permit. This was done down on Old Great Neck Road.
Other recommendations from Glen Harrington included a deed restriction for two bedrooms, and also establishment of a timeframe, and get an enforceful agreement from the buyer, for the upgrade to the existing cesspool on the property.
Lucy Burton made a motion that the Board continue the Title V Variance hearing for 20 East Road until the next BOH meeting when missing paperwork is in hand, and representatives from 20 East Road are present. Glenn Santos seconded the motion. All approved.
4. Septic Variance Request – 42 Nick Trail.
Jeffrey Ryther with BSS Design, introduced himself to the Board as representing Susan Bernier, a trustee for her mother, Cecelia Crighton, owner of the property. Mr. Ryther stated that the property is now on the market. It is a two-bedroom house in Zone 2, on a 6500 sq.ft. lot.
BSS Design presented plans to pump and fill the existing cesspool in the side yard of Lot 306 and to upgrade the subsurface sewage disposal system. BSS Design is requesting a Title V variance request of 1 ft. for the distance between the bottom of the SAS and the high groundwater elevation. Without the variance, the system would then be slightly out of the ground, therefore requiring some sort of barrier wall, and thus escalating the cost of installing the system.
Lucy Burton made a motion to approve the variance as requested for 42 Nick Trail of 1 ft. for the distance between the bottom of the SAS and the high groundwater, with the following conditions:
- removal of the cesspool
- a two bedroom deed restriction
- a T instead of an elbow on the D Box
- the outdoor shower must be tied into the inside plumbing
- electric permits must be obtained for the alarm and pump
Glenn Santos seconded the motion. All approved.
5. Septic Variance Request – 59 Bearse Road.
Jeffrey Ryther with BSS Design, introduced himself as representing Francis Callahan, owner of the property at 59 Bearse Road. The property is being transferred to two daughters of the property owner. There is a cesspool on the property, which must be removed. BSS proposes to remove the cesspool and upgrade the subsurface disposal system. Three variances are requested:
1) SAS is less than 10’ to the road layout line of Bearse Road (5’ shown on the plan)
2) SAS is less than 20’ to the concrete cellar wall (13’ shown on the plan)
3) SAS is less than 5’ to the high groundwater elevation (4’ shown on the plan)
Lucy Burton made a motion to approve the variances as requested for 59 Bearse Road, with the following conditions:
- removal of the cesspool
- a T instead of an elbow on the D Box
- the outdoor shower must be tied into the inside plumbing
- electric permits must be obtained for the alarm and pump
Glenn Santos seconded the motion. All approved.
6. Greenwood Homeowners Association – Variance Request from the Minimum Standards for Swimming Pools 105 CMR 435.000.
Glenn Santos made a motion that the Board continue until the next BOH meeting the discussion of the Greenwood Homeowners Association variance request. Lucy Burton seconded the motion. All approved.
Lucy Burton made a motion that Southport on Cape Cod be added to the agenda. Glenn Santos seconded the motion. All approved.
7. Southport on Cape Cod – Discussion of Bedroom Definition.
Ron Bonvie, President of the Southport Homeowners Association, introduced himself to the Board. Glen Harrington stated that he and Mr. Bonvie have differing opinions as to the definition of what constitutes a bedroom.
Mr. Bonvie stated that Southport homeowners do many improvements to their units, i.e., finish basements, additions, and enclosures to porches. Mr. Bonvie further stated that some homeowners opt to, and can, with his approval as Association president, finish off their own basements. He must inspect their plans, get Mashpee Planning Department approval, and in the case of finishing off a basement for use as a bedroom, he requires a 6’ wide cased opening. Mr. Bonvie stated that recently a homeowner finishing off a basement intended for a bedroom questioned the requirement of the 6’ wide cased opening, and came to the BOH for approval of the plans to finish off the basement. Mr. Bonvie stated that the BOH approved the plans without the 6’ wide cased opening. The BOH definition of a
bedroom includes the statement that rooms with 6’ entranceways shall NOT be considered a bedroom. The BOH definition also states that in order to be considered a bedroom, the room must have a window.
Mr. Bonvie stated that there are 3, 3 ½ and 4 season porches that exist on various Southport units. It is his opinion that these could not be considered bedrooms for the following two reasons:
1) DEP bedroom definition says it must be a room providing privacy
2) The room must be intended primarily for sleeping
Ron stated that these two requirements do not apply to the Southport porches. Ron stated further that to finish off the porch for use as a bedroom will cost 3 times as much as it would to finish off a basement. Ron feels that it makes more sense to finish off the basement and thus leave the porch for use as a porch.
Mr. Bonvie has two issues:
(1) he wants to continue to get building permits as he has in the past for approval on renovations on Southport 3, 3 ½ and 4 season porches.
(2) he wants to find a way to start having the BOH back his statement up when he has issues with homeowners who come to him asking for permission to finish off their basements for use as a bedroom, after he has refused to approve their permits.
After further discussion among the Board members and Ron Bonvie, the following motion was presented.
Lucy Burton made a motion that porches at SouthPort as depicted in the attached photographs (See Attachment A) with sliders into the dining room, cannot be considered a bedroom due to the lack of privacy, and due to the fact that they are not intended primarily for sleeping. Steven Ball seconded the motion. Glenn Santos opposed the motion. The motion passed.
With regard to the basement issue, Steven Ball felt that basements in the ground without egress to the outside except small windows should not be considered as a bedroom, for safety reasons. Glen Harrington stated that when it comes down to proper egress, if the basement is a separate dwelling unit, there has to be two egresses that lead to grade. If the basement is not a separate dwelling unit, and is part of the upstairs dwelling unit, then there has to be only one egress that leads to grade. One walkout is considered a proper egress so that you could still have a bedroom in the basement. Ron Bonvie was asking the Board of Health to approve Southport permits for basement bedrooms. The Board agreed that they could not do this unless the above BOH basement approval conditions were met.
OLD BUSINESS
1. Kennel Regulation.
Glen Harrington reported that at the May 7, 2007 Town Meeting, the kennel zoning regulation was approved. Kennel definitions were not approved as presented. The next two parts were postponed until the BOH figures out how to get the Town zoning regulation in line with the kennel regulation that was approved by the BOH. Glen Harrington will convene with the new Animal Control Officer, the Zoning Board, and Mr. Harsch to try to bring the two kennel regulations into agreement. Mr. Harsch asked that the BOH amend their kennel regulation effective date from June 1, 2007 until after October 1, 2007, the next Town Meeting date.
Lucy Burton made a motion to extend the BOH Kennel Regulation effective date from June 1, 2007 until November 1, 2007. Steven Ball seconded the motion. Glenn Santos opposed. The motion passed.
DISCUSSION
1. FYI – West Nile Virus and Eastern Equine Encephalitis Virus Information
Glen Harrington distributed information to the Board from The Commonwealth of Massachusetts Dept. of Public Health regarding the West Nile Virus and Eastern Equine Encephalitis Virus.
2. FYI - Open House Team E.J. Prescott
A flier was distributed with information regarding an open house sponsored by EJP Pipeline Specialists to be held on 5/17/07, from 10:30 AM until closing, at 89 Industrial Drive in Mashpee. Chris Holman is the contact for further information, at (508) 539-0990.
3. Steven Ball Resignation. Veronica Warden thanked Steven Ball for his 15 years of service with the Board of Health, and presented him with a gift. Steven Ball responded with his thanks to the Board, and apologized to Veronica Warden for a past disagreement between them regarding an issue with Bobby Byrne’s Pub. Steven stated that he has been very happy with what has been happening with the Board of Health during the past few years since Glen Harrington assumed the post as Health Agent. He feels that the Board is running smoothly, and feels comfortable that he is leaving the Board in good hands.
The next Board of Health meeting was scheduled for Wednesday, May 23, 2007.
Glenn Santos made a motion to adjourn the Public Meeting of the Board of Health and go into an Executive Session, not to return to the Public Meeting. Lucy Burton seconded the motion. All approved. The meeting was adjourned at 8:58 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
Attachments
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