TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC MEETING
Minutes of the Meeting of Wednesday, October 22. 2008
Board Members Present: Also Present:
Lucy B. Burton, Chairman Glen Harrington, Health Agent
Burton Kaplan, Vice Chairman
Kalliope Egloff, Clerk
Chairman Lucy Burton called the meeting to order at 7:05 PM.
APPOINTMENTS
7:15 Peter McEntee, P.E. - 18 Spoondrift Circle – Septic Variance
Peter McEntee, of Engineering Works, Inc, .introduced himself to the Board as representing Mr. Donald Brick, property owner of 18 Spoondrift Circle. Peter McEntee was requesting the following eight variances for the purpose of a Title V septic upgrade at 18 Spoondrift Circle. Mr. McEntee stated that sewage backup at 18 Spoondrift Circle was what had precipitated the request for a septic upgrade.
1. A 5’ variance, SAS to property line (front), for a 5’ setback
2. A 5’ variance, SAS to property line (side), for a 5’ setback
3. A 7’ variance, SAS to crawl space (locus), for a 13’ setback
4. A 7’ variance, SAS to cellar wall (house #16), for a 13’ setback
5. A 5’ variance, septic tank to crawl space (locus), for a 5’ setback
6. An 11’ variance, SAS to top of coastal bank, for a 39’ setback
7. A 4’ variance, SAS to leaching catch basin, for a 21’ setback
8. A 25’ variance, SAS to inland or coastal wetland, for a 75’ setback
Mr. McEntee stated that the abutters at 16 Spoondrift Circle had been notified.
Glen Harrington stated that he recommended approval pending receipt of the following:
(1) an Operations & Maintenance contract to include quarterly nitrogen sample testing for two years
(2) a remedial approval letter in compliance with the DEP, including a registry of deeds registration to show the presence of an alternative system, to be issued to the BOH prior to issuance of the Certificate of Compliance.
Lucy Burton made a motion to approve the plans submitted by Peter McEntee for a septic upgrade at 18 Spoondrift Circle, including the eight variance requests listed above, pending receipt of items (1) and (2) as outlined above. Kalliope Egloff seconded the motion. All approved.
7:30 Peter McEntee, P.E. – 43 Little Neck Lane – Septic Variances
Peter McEntee of Engineering Works,Inc., introduced himself to the Board as representing Mr. Erwin Brilliant, property owner of 43 Little Neck Lane. Mr. McEntee was requesting the following three variances for the purpose of a Title V septic upgrade at 43 Little Neck Lane:
1. A 3’ variance to the maximum 3’ cover requirement, for no greater than 6’ of cover
2. A 10’ variance, SAS to top of coastal bank, for a 40’ setback
3. A 24’ variance, SAS to inland or coastal wetland, for a 76’ setback
Peter McEntee stated that he is in the process of obtaining permission to use the abutter’s driveway for access in order to complete the required work.
Glen Harrington stated that he recommended approval of the variance requests, pending receipt of the following:
(1) an Operations & Maintenance contract to include quarterly nitrogen sample testing for two years
(2) a remedial approval letter in compliance with the DEP, including a registry of deeds registration to show the presence of an alternative system, to be issued to the BOH prior to issuance of the Certificate of Compliance
Lucy Burton made a motion to approve the plans submitted by Peter McEntee for a septic upgrade at 43 Little Neck Lane including the three variances requested, pending receipt of items (1) and (2) as outlined above. Burton Kaplan seconded the motion. All approved.
7:45 Marlene Susienka – 74 Water Way – Septic Inspection Variance
As Marlene Susienka was not in attendance, the topic was continued to the next BOH meeting.
NEW BUSINESS
1. Sign Warrants. Board members signed the warrants.
2. Approve Public Session Minutes: 09/10/08 and 09/24/08
It was moved, seconded and passed to approve the previously amended BOH Public Session minutes of 09/10/08.
The following changes were made to the 09/24/08 minutes:
- Page 2, line 2, change the word which to who
- Page 2, under 2. Lakeside Estates, line 5, change the word he to they, and the word his to their
- Page 2, under 2. Lakeside Estates, line change the words he is to they are, and change the word owner to owners
- Page 2, under DISCUSSION, 1. Town of Barnstable Restaurant Report Card, line 3, starting with the word Glen, delete lines 3 through 8 and the words fine job in line 9, and capitalize the word There after the word job.
- Page 3, line 2, change the word when to until
- Page 3, under 3. Draft Nail Salon Regulation, line 2, insert the word for before the words the manicurists
- Page 3, under 5. FYI-Scanning of BOH Plans, line 5, change the words make copies to the word alter.
It was moved, seconded and passed to approve as amended the 09/24/08 BOH Public Session minutes.
OLD BUSINESS
1. 318 Red Brook Road – Request for Title V Permit Extension
Glen Harrington stated that he had received a response from Charlene Antrim, Project Planner at Cape & Islands Engineering, in answer to his 7/25/08 email request for information as to why the property owners of 318 Red Brook Road were asking for a one-year extension on the septic permit for the property. The reason given in the second letter received from Charlene Antrim was that basically it came down to a problem with finances.
Burton Kaplan made a motion to approve the request for a one-year extension on the septic permit for 318 Red Brook Road, with the stipulation that it was to be a one-year, one-time-only, extension. Kalliope Egloff seconded the motion. All approved.
2. 184-186 Quinaquisset Avenue
Glen Harrington stated that in a phone call he had received today from Randi Regan at Willowbend, she reported that all gas and electric utilities have been disconnected at 184-186 Quinaquisset Ave. Randi Regan stated further that she is waiting to hear from the Mashpee Fire Department as to whether they would like to utilize the property for training purposes, before tearing the buildings down. Glen Harrington reported that the oil storage tank is still on the property. Glen Harrington stated that he will continue to monitor the situation at 184-186 Quinaquisset Ave.
DISCUSSION
1. Town of Barnstable Restaurant Report Card – Cape Cod Times
Burton Kaplan gave a recap of the discussion from the last BOH meeting, stating that he likes the report card system, but he also understands why the restaurant owners do not like it. Burton Kaplan stated further that at the last BOH meeting both he and Kalliope Egloff agreed that Mashpee is not a big enough town to warrant this kind of system, and also that the system is not objective, as it does not include all restaurants.
Lucy Burton stated that for the last 3 to 4 years she has pushed for more transparency, more availability for public access to the BOH inspection reports. With the most recent version of the BOH inspection regulation, the BOH inspections now must be posted in the restaurants in clear view of customers, which Lucy Burton feels is an important step in the right direction. Lucy Burton said that she would like to see the Report Card system viewed not as a punitive restaurant report, but rather as a reward to restauranteurs who adhere to the required BOH regulations.
The concensus of the Board was that they should continue to consider the Restaurant Report Card system as a possible option for Mashpee, while at the same time continue to monitor how the program is working out in the Town of Barnstable.
2. Recycling Regulation and Enforcement
Catherine Laurent introduced herself to the Board as the Director of the DPW in Mashpee, as well as two members from the New Seabury Recycling Committee, Ms. Nikki Descoteaux, and Mr. Charles Gasior. Ms. Laurent stated that tonight’s meeting was a follow-up to the BOH meeting held last November 2007 at which all trash haulers planning to apply for permits in Mashpee for 2008 were invited to attend to discuss their plans on how they were going to meet the required Mashpee recycling regulation. Since that meeting, nothing has happened to enforce the Mashpee BOH recycling regulation requirements. Catherine Laurent stated that she and the New Seabury Recycling Committee members were in attendance at tonight’s BOH meeting to determine how they might help the Board to enforce the Town regulation.
Nikki Descoteaux introduced Brad Sweet, Chairman of the New Seabury Architectural Review Committee and a member of the New Seabury Homeowners Association, who was instrumental in starting the New Seabury Recycling Committee. Brad Sweet stated that the interest in recycling in New Seabury began in August of 2007 when the question was raised at the New Seabury Homeowners Association Annual Meeting about what was happening with recycling in New Seabury. Following that meeting, the New Seabury Recycling Committee was formed, and as a result of questionnaires sent by the committee to all haulers serving New Seabury, two preferred companies were selected, Allied Waste and Cape Waste. The Recycling Committee has encouraged New Seabury residents to do business with one of these two preferred haulers. Nikki
Descoteaux commented that the New Seabury Recycling Committee is asking the BOH to enforce the flat fee portion of the regulation. Nikki added that some residents still prefer to recycle themselves at the local transfer station because they feel they cannot rely on their haulers to recycle.
Catherine Laurent stated that both Stratford Ponds and Southport Condominium Associations also have been successful in getting recycling programs offered to their residents. Deborah Weber, a Southport resident, introduced herself to the Board, and stated that Southport now has a central location for collection of recyclables. Catherine Laurent reported that Stratford Ponds had cut its weekly trash rate by nearly 30% as a result of its recycling efforts.
Catherine Laurent reported that six random inspections per month by the Upper Cape Regional Transfer Station operators are required for private haulers, and stated that they need to step up the enforcement of the BOH regulation for these inspection requirements.
Chuck Gasior, member of the New Seabury Recycling Committee, stated that the BOH is not enforcing the regulation they set up, and that they either need to enforce the regulation, or get rid of it. Glen Harrington responded that recycling is only one part of a larger conversation by town officials that he has been told will take place about changing the town’s entire trash program, to either a pay-as-you-throw system or curbside collection.
Lucy Burton stated that the BOH has discussed making changes that are being considered to their regulation. Glen Harrington suggested that there should be separate licenses for trash haulers and recycling haulers. The BOH is sending a letter out to the haulers requiring them to provide the BOH with their waste slips for Nov. and Dec. in order to get their licenses for 2009, as well as implementing some of the regulations for next year. Lucy Burton stated that changes need to be made, and the BOH intends to be proactive. She thanked the meeting participants for their research, their time and their talents, and for all the work they have done.
3. Draft Nail Salon Regulation. The BOH made amendments to the regulation. A clean copy will be provided to the Board for approval prior to the next BOH meeting.
4. FYI – Flu & Pneumonia Public Clinics Scheduled. Glen Harrington reported that the first flu clinic is scheduled for Monday, 10/27/08 at Christ the King Parish Center, from 9 AM to 12 noon. Clinic #2 is scheduled for 11/19/08 from 3 PM to 6 PM, also at Christ the King Parish Center.
5. Fee Schedule Changes. Glen Harrington reported that he will go before the BOS on 11/03/08 to discuss the fee schedule changes as approved by the BOH at its meeting on 9/10/08.
As there was no further business, the meeting was adjourned at 9:45 PM
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
| 
