TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC MEETING
Minutes of the Meeting of Wednesday, January 23, 2008
Board Members Present: Members Absent: Also Present:
Lucy Burton, Chairman Jocelyn McCree Glen Harrington, Health Agent Glenn Santos, Vice Chairman
Chairman Lucy Burton called the meeting to order at 7:00 PM.
APPOINTMENTS
7:15 PM – MASS. MILITARY RESERVATION (MMR) UPDATE
Lynda Wadsworth, representing the MASS. National Guard Environmental & Readiness Center, introduced herself to the Board. Also with her was Jim Murphy, representing the Environmental Protection Agency, Kristina Curley, representing the Impact Area Groundwater Study Program, and Doug Carson, representing the Air Force Installation Restoration Program.
Doug Carson, Installation Restoration Program representative, stated that there are a few more decisions to be made over the next 10 to 25 years regarding the ground water plumes in Mashpee, operating the monitoring systems in place, testing, and monitoring the sampling wells to be sure they are operating properly. Inspection in the bogs indicates a low level concentration, which is the effect of the pumping system in place. The Ashumet Pond area has cleared up over a seven-year window. A feasibility study will be conducted later in 2008. John’s Pond and Ashumet Pond are tested twice each year. There were no adverse detections in 2007. Phosphorus in the ponds has decreased, and clarity of the water has increased. Sampling will be done again in May 2008.
Glen Harrington stated that irrigation wells should be included in the sampling process. Glen Harrington also requested that the Ashumet Pond sampling be conducted below the surface of the water, getting closer to the bottom of the pond.
Doug Carson stated that the MMR is pursuing installation of a wind turbine on the Bourne side of the bridge, which will be 400 feet tall, a 1.5 megawatt turbine. Mr. Carson stated that by late spring 2009 the turbine will be up and running, and will pay for 20% of the MMR electrical costs.
Kristina Curley introduced herself to the Board. She stated that with the Impact Area Groundwater Study Program, testing of the priority plumes will be in place by 2011 and will be completed in 10 years. Feasibility studies currently are being conducted.
Lynda Wadsworth commented on the tungsten ammunition traces found in the groundwater in 2006 from the training ranges. A 17 month pilot program is now being conducted at the Tango Range, a 25-meter range, using the state-of-the-art STAPP Bullet Catching System. This system captures the bullets that have been fired, and they are then recycled. The pilot program incorporates both maintenance and monitoring of the system.
7:45 PM Johns Pond Center Realty Trust – Show Cause Hearing (cont’d)
Thomas Paquin, attorney representing Alexander Mitrokostas, the former owner of the property at 401 Nathan Ellis Highway, introduced himself to the Board.
Mr. Paquin stated that at the last BOH meeting on 01/02/08, he provided the Board with a timeline which indicated that the closing of the sale of the property at 401 Nathan Ellis Highway took place before the BOH notification of the upgrading of the septic system. After the BOH hearing on 01/02/08, Mr. Paquin stated that he sent a letter to the Health Agent, dated 01/03/08, which stated that the actions taken by his client complied with the BOH Regulation Part IX, Section 14.00. The letter stated that while the BOH may prefer that the concentration of nitrogen be expressed as 10 MG/L when measured at the leaching facility, the regulation does not so provide. It is the attorney’s opinion that the standard of the regulation is 10 MG/L and the only specific location at which the effluent is to be monitored is down
gradient of the leaching facility 10 ft. from the lot line. Mr. Paquin stated that the existing septic system met that standard and that although the BOH may wish to amend the existing regulation,that would not change the fact that when Mr. Mitrokostas sold the subject property, he did so in conformity with Mr. Paquin’s interpretation of the BOH regulation Part IX Section 14.
Mr. Paquin urged that the Board find no violation of the BOH Regulation Part IX Section 14.00, and rescind all fines levied against his client.
Glen Harrington reported that he had been unable to obtain any more detail or specifics of the intent of the regulation from previous minutes. No tapes of the meetings were available, as there was no requirement for tapes of meetings to be saved at that time.
Glenn Santos stated that the BOH was at an impasse with Thomas Paquin’s client. Glenn stated that the intent of the regulation was to come up with the cleanest effluent with large flow systems. Glenn Santos stated that his interpretation of effluent is the sanitary discharge which is discharged into the environment, and what is discharged into the soil absorption system is the environment. It does not mean the monitoring well at the property line; it does not mean anything else which is going to be diluted.
Glenn Santos stated that both buyer and seller were aware of the BOH Regulation Part IX Section 14, yet they went ahead and installed the monitoring well, and the well was sampled. Glenn Santos asked why there was no correspondence or a courtesy call to the BOH with those sample results, asking whether the buyer and seller could go ahead with the closing. Glenn Santos stated that had the sample results been communicated to the Board at that point, the BOH would have said no to the closing on the property. The regulation states that before a property closing takes place, the septic system must first be upgraded, and the only system that is going to give a sampling of the effluent is the alternative denite system.
Glenn Santos asked that Mr. Paquin and his client agree to meet with the new property owner and perhaps the Health Agent to try to come to some common agreement as to how to arrive at a solution to get the cleanest effluent possible on this property. Glenn Santos stated that, one way or another, the system on the property must be upgraded.
Mr. Paquin again reiterated his position that his client had complied with the requirements of the regulation: he installed the monitoring well, took samples where the regulation indicated they needed to be taken, and the results of the samples fell well within the 10 MG/L standard. Mr. Paquin asked that the BOH find that there has been no violation of the regulation; all the property owner is asking from the BOH is that they live with their own regulation the way it is actually written, not the way the BOH wishes that it was written.
Glen Harrington commented that the new property owner needs to become involved, as he took ownership without the septic upgrade.
Glenn Santos made a motion that the fines continue to be suspended until the next BOH meeting, currently scheduled for February 27, 2008. Glen Harrington will meet with Town Counsel before that time to determine what BOH action is authorized against Mr. Paquin’s client, should the current and former owners refuse to comply with the request to come together with the Health Agent to resolve the issue. Lucy Burton seconded the motion. All approved.
NEW BUSINESS
1. Sign Warrants – There were no warrants.
2. Board Reorganization - Continued until the next BOH meeting.
3. Approval of BOH Minutes
- BOH Public Session Minutes of 01/02/08 - Continued until the next BOH meeting.
- BOH Executive Session Minutes of 04/08/02, 05/30/02, 06/13/02, 07/11/02, 09/12/02, 03/25/04, 06/17/04, 12/12/05 – the Board unanimously approved the
minutes of the above-noted BOH Executive Session minutes.
4. Request for Extension to Title V Disposal Works Construction Permit – 318 Redbrook Road
Glen Harrington stated that the above-referenced property was issued an Order of Conditions on 11/16/04 from the Conservation Commission, and a superseding Order of Conditions issued from DEP on 12/13/06. The abutting neighbor, Thomas Quinn, has appealed both Orders of Condition. In a letter dated 12/07/07 from Charlene Antrim of Cape & Islands Engineering, she stated that they were still in the appeal process to the superseding Order of Conditions and were requesting a one-year extension on the septic permit until the appeals issues are resolved.
At the BOH meeting on 01/02/08, the issue was continued until more information was received as to why the extension was requested so far in advance. Glen Harrington stated that he still has received no additional information.
Glenn Santos made a motion to continue the request for extension to Title V Disposal Works Construction Permit for 318 Red Brook Road until more information is received. Lucy Burton seconded the motion. All approved.
5. Tobacco Compliance Check Violation – “Rapid Refill”
Glenn Santos made a motion to fine Rapid Refill Sunoco located on Rt. 151 $100 for a first offense of a sale of tobacco to a minor. Lucy Burton seconded the motion. All approved.
6. BOH Review of Kennel Permit Requests: David Harsch, Sally Robbins/Carol Buchannan, Valerie Robinson.
Glen Harrington stated that the above permit applicants had been sent notices of the schedule of review of their permit requests at the BOH meeting on 01/23/08. Lucy Burton stated that the permit application needs to indicate how many dogs reside on the property. Glen Harrington stated that Town Clerk Debbie Dami is making up a new application form for kennel permits which will include that information.
Lucy Burton made a motion to continue review of the above three kennel permit applications until all necessary information is made available to the BOH. Glenn Santos seconded the motion. All approved.
7. Preliminary Subdivision Plan Review – 8 Blue Castle Drive.
Glen Harrington commented that he had reviewed the preliminary subdivision plan for 8 Blue Castle Drive and found no problems. The properties are located within a Zone II groundwater recharge area. Four bedrooms with a conventional Title V system or six bedrooms with a denitrification unit may be constructed on the property. The properties are to be tied into town water for proposed dwellings. The proposed swale shall be constructed and maintained so that there is no standing water.
Lucy Burton made a motion to approve the preliminary subdivision plan for 8 Blue Castle Drive. Glenn Santos seconded the motion. All approved.
8. Request for Refund of 2008 Massage Therapist License – Patricia Martin
Patricia Martin has applied for a refund for her BOH massage license/permit for 2008, in consideration of the fact that the BOH no longer oversees massage therapists/facilities.
Glen Harrington reported that the State has finally put in place a registration process of licensed massage therapists and facilities, and has established regulations for the therapists and their facilities. Therefore, towns are no longer issuing permits, and no longer have direct oversight over massage therapists and their facilities. The inspection of the massage facilities is now the responsibility of the State. Glen Harrington reported that at the request of the State, he forwarded a list of all the 2007 and 2008 requests for BOH massage therapy licenses for their use in notifying those individuals of the change. The new state regulation went into effect the first of January 2008, but the BOH notices for license renewal went out in October 2007.
The Board agreed that it has never refunded money, and that it would be necessary to discuss the policy of the refunds with Town Manager Joyce Mason and/or the Board of Selectmen before making a decision on the refund request from Patricia Martin. Glenn Santos stated that it would be interesting to determine how many refunds would be requested.
Glenn Santos made a motion to continue the decision on whether or not to refund the massage therapists’ license renewal fees until a policy clarification is given by the Board of Selectmen. Lucy Burton seconded the motion. All approved.
9. Review of Massage Facilities and Therapists Regulation
Glen Harrington stated that there are some disciplines that are offered at massage facilities that are not covered by the State regulations, which would call for the BOH to maintain some continuing oversight. Glen stated that he needs more time to review in detail all of the disciplines offered by the massage facilities that the State does not oversee.
10. Review of Proposed 40B – Jobs/Whitings Trust.
Glen Harrington commented that the issues connected to the proposed 40B-Jobs/Whitings Trust that affect the BOH are tied into the existing Mashpee Commons wastewater treatment plant which would be increased in size from 80,000 gallons per day to 180,000 gallons per day. Glen Harrington stated that Doug Storrs would be meeting with him tomorrow to discuss the plans.
11. Community Advisory Committee for Wastewater Treatment Watershed Plan.
Glen Harrington stated that Steven Ball formerly had been the BOH representative on the advisory committee.
Glenn Santos made a motion to appoint Glen Harrington as the new BOH representative on the Watershed Nitrogen Management Plan Advisory Committee. Lucy Burton seconded the motion. All approved.
OLD BUSINESS – No old business.
DISCUSSION
Glen Harrington reported that he had met with all the Mashpee school cafeteria staff, and that it was a very productive session. They talked about many of the sanitary procedures, and a lot of general questions were asked. On-line classes featuring study guides on sanitation, with quizzes, will be assigned to the cafeteria staff.
As there was no further business, the meeting was adjourned at 8:40 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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