TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of Wednesday, December 17, 2008
Board Members Present: Also Present:
Lucy Burton, Chairman Glen Harrington, Health Agent
Burton Kaplan, Vice Chairman Veronica Warden, Asst. Health Agent (at 7:30 PM)
Kalliope Egloff, Clerk Patrick Costello, Town Counsel
Chairman Lucy Burton called the meeting to order at 7:00 PM.
A motion was made, seconded and passed to go into Executive Session for the purpose of discussing possible litigation procedures between the Town and John’s Pond Realty Trust, then to return to the Public Session.
Chairman Lucy Burton called the meeting to order at 7:40 PM.
APPOINTMENTS
7:15 Ed Baker – Santuit Pond
Mr. Baker introduced himself to the Board as a year-round Mashpee resident and a member of the Board of Selectmen’s Environmental Oversight Committee. Mr. Baker stated that he was attending this BOH meeting as a representative of the Environmental Oversight Committee, for the purpose of asking the BOH to formally identify the continuing blue-green algae problem at Santuit Pond as a human health concern. The reason for requesting the formal identification as a human health concern is to use it as one line in any justification put together in a grant application to get funds to do a pond study to remediate the problem in the pond. Currently there is some grant money available to the towns that surround the pond, approximately one third of a million dollars ($333,333) for a pond study. Mr. Baker stated that there
have been two different strains of blue-green algae identified in the pond, anabaena and microcystis, both of which are capable of taking nitrogen from the air. Mr. Baker further stated that Santuit Pond is in the zone of contribution for a series of public water supply wells.
Burton Kaplan made a motion, seconded by Kalliope Egloff, that the Board of Health declare that the blue-green algae present in Santuit Pond constitutes a human health problem. All approved.
7:30 PM Kennel Violation - #39 Otis Trailer Village
Martha Hopkins, owner of #39 Otis Trailer Village, and Joan Martin, tenant of #39 Otis Trailer Village, introduced themselves to the Board.
Glen Harrington stated that an order letter had been issued to Martha Hopkins and Joan Martin to come before the BOH regarding kennel requirements contained in the BOH Kennel Regulation, as well as sanitary issues identified at #39 Otis Trailer Village. In a report submitted by Veronica Warden dated December, 2008, the following sequence of events is documented:
7/31/08 – BOH office received an anonymous complaint stating that two women living at #39 Otis Trailer Village were housing more than 4 dogs and they were not registered as a kennel.
8/06/08 – BOH conducted a site visit at 39 Otis Trailer Village and found eleven dogs housed inside the trailer. Glen Harrington informed Ms. Martin of the kennel requirements, provided her with a copy of the kennel regulation and application paperwork, and stated that a follow-up BOH inspection would be forthcoming.
8/08/08 – Mashpee Fire Dept. responded to a diabetic emergency at #39 Otis Trailer Village and upon entering the trailer was overcome with a strong odor of animal urine and feces. The Fire Dept. requested assistance from the BOH to address the issue.
8/22/08 - A BOH site visit was made at #39 Otis Trailer Village by Veronica Warden, which disclosed clutter throughout the trailer, and an overwhelming odor of urine and feces. Ms. Hopkins and Ms. Martin were both present, and were told that they must reduce the number of dogs in the trailer, and that the living conditions for the animals must be kept in a clean and sanitary manner. At the time of this site visit, there were eleven dogs living in the trailer.
8/25/08 – Veronica Warden returned to #39 Otis Trailer Village to give Ms. Martin and Ms. Hopkins the required paperwork to apply for assistance with needed floor repair work in the trailer, from the USDA grant program. Ms. Warden conducted a visual inspection of the premises and found the urine odor to have somewhat subsided.
9/15/08 – Veronica Warden conducted a follow-up visual inspection of the premises at #39 Otis Trailer Village and found the urine odor stronger than the previous visit. Ms. Martin and Ms. Hopkins were told that the costs to notify all the abutters for the kennel license would be close to $350 and that there were people in the trailer park who had filed complaints with the BOH about the dogs. Ms. Warden strongly urged the two women to reduce the number of dogs so that they would not need a kennel license, but that if they were unwilling to give up the dogs, she would assist them in completing the kennel license application paperwork.
10/31/08 – Veronica Warden conducted a follow-up visual inspection at # 39 Otis Trailer Village and again found a strong urine and feces odor inside the trailer, with more than four dogs still living there. Ms. Warden told Ms. Hopkins and Ms. Martin that if they did not reduce the number of dogs to less than 4, that due to the unsanitary conditions of the trailer, the BOH would be forced to condemn the trailer. Ms. Martin then stated that she would work on completing the kennel license application.
12/02/08 – BOH received a written response from Ms. Hopkins and Ms. Martin regarding the “show cause” hearing letter received by them.
Veronica Warden reviewed the current status of the issues of the case:
1) the occupants previously had 11 dogs; as of today they have 7, so they meet the BOH kennel regulation requirements
2) the poor sanitary conditions of #39 Otis Trailer Park have been addressed and are much improved
3) USDA Grant Program – Ms. Hopkins and Ms. Martin have applied for a USDA grant, and the USDA representatives have been out to inspect the premises
4) registration of the 7 dogs with the Town Clerk has been completed
5) kennel regulation requirements are being addressed by Ms. Martin and Ms. Hopkins
Lucy Burton stated that as long as the two women have four dogs or more, they must apply for a kennel license, and must notify the abutters of their application. Ms. Martin replied that Dale McDonald is the owner of the property and that he is the abutter. Glen Harrington stated that it would be necessary to get a decision from Tom Fudala, Zoning Board Director, as to ownership of the trailers and exactly who the abutters are, whether it is all trailer residents, or just Dale McDonald.
Lucy Burton stated that she had a concern about 7 dogs living in an 800 sq.ft. trailer along with two adult women, both with health problems, her concern being the unsanitary conditions that exist inside the trailer. Glen Harrington pointed out to Ms. Martin ad Ms. Hopkins that the BOH kennel regulation also included a public nuisance clause covering dog-barking as well as unsanitary conditions where dogs are housed.
Veronica Warden’s recommendation to the BOH was to give Ms. Martin and Ms. Hopkins time to address the abutter notification issue, within a BOH-determined time frame. Glen Harrington stated that he will investigate the trailer ownership issue, and will review the kennel application from Ms. Martin and Ms. Hopkins.
7:45 PM – Jeff Ryther, PE – 12 Brookside Circle
Jeff Ryther was not in attendance at the meeting. The appointment was continued to the next BOH meeting on 1/14/09.
8:00 PM – Peter McEntee, PE – 103 Surf Drive
Peter McEntee of Engineering Works, Inc., introduced himself to the Board as representing Mr. Daniel Marsters, Trustee of DJM Realty Trust. On behalf of his client, Mr. McEntee is applying for a Facility Aggregation Plan pursuant to 310 CMR 15.216(5). A 3 bedroom house is proposed on a lot containing 11,833 sq. ft. of land within a designated Zone II. The Facility Aggregation plan designates a credit area taken from open space (part of Lot 167) adjacent to the subject site. The Credit Area contains 18,173 sq. ft. of land. The combined land of the Facility and Credit Areas is 30,006 sq. ft. The required lot area for a 3-bedroom house is 30,000 sq. ft. Both Facility and Credit areas lie within the same Zone II.
Glen Harrington stated that this is a nitrogen aggregation plan which has to be reviewed by the BOH where credit land within the same Zone II is being applied to another parcel so that additional bedrooms can be built on the parent parcel. Glen Harrington stated that in the submittal to the DEP, it has to be shown that the owner is providing approval for the use of that land. A letter has been provided by the owners, stating that they were aware of what was going on and that they will issue the approval once all the necessary documents are reviewed.
Lucy Burton made a motion that the Board approve the nitrogen aggregation plan for 103 Surf Drive as submitted by Peter McEntee. Burton Kaplan seconded the motion. All approved.
8:15 PM – Carmen Shay, RS – 85 Uncle Percy’s Road
Carmen E. Shay, President of Shay Environmental Services, Inc., introduced himself to the Board as representing Janice Eydenberg, owner of the property at 85 Uncle Percy’s Road. Mr. Shay stated that he was having an informal review for the repair of a Title V septic system for the property at 85 Uncle Percy’s Road in Mashpee:
1) a variance to reduce the Title V setback requirement of 10 feet to 5 feet for an SAS.
2) a variance to reduce the setback from the SAS to the house from 20 feet to 10.5 feet; a 40 mil Poly Liner is proposed.
3) a variance to reduce the setback requirement from an SAS to a private well from 150 feet to 89 feet
Mr. Shay stated that he has located the Title V system components as shown on his plan entitled “Proposed Septic System Upgrade” due to the following two constraints:
1) The sited area has previously been cleared and is unobstructed relative to access for equipment and overhead utilities
2) Because of the constraints posed by the size of the lot, there is no other portion of the property that would allow placement of the SAS while maintaining the maximum physical distance from the abutter’s private well. The sited location has ensured the maximum feasible compliance with Title V.
Janice Eydenberg introduced herself to the Board, and stated that she is trying to avoid having to install a denitrification system because she is selling the property and is trying to keep her costs down.
The Board members suggested that Mr. Shay approach the abutter to agree to tie the abutter’s property into town water. Janice Eydenberg stated that she would offer to pay for this. Mr. Shay agreed to talk to the abutter, and will get back to the Board.
8:30 PM – Brian Garner, Esq. – 8 Chart Way
As Brian Garner was not present at the meeting, the discussion was continued until the next BOH meeting on 1/14/09.
NEW BUSINESS
1. Sign Warrants. The Board members signed the warrants.
2. Approve BOH Public Session Minutes of 11/12/08.
The following amendments were made to the BOH Public Session minutes of 11/12/08:
- Page 1, under APPOINTMENTS, 7:15 – Cape & Islands Engineering, paragraph 2, (1), spell out O&M to read Operations and Maintenance, and change the words sample testing to sampling
- Page 1, under APPOINTMENTS, 7:15 - Cape & Islands Engineering, paragraph 2, (2), line 1, change registry of deeds to Barnstable County Registry of Deeds, and on line 2, change the word issued to provided
- Page 1, under 7:30 Marlene Susienka, paragraph 1, line 2, change Lou Cistold to Louis Cistoldi
- Page 1, under 7:30 Marlene Susienka, paragraph 2, lien 2, change the word completion to the words providing the affidavit
Page 2, under 3. Request for 2008 Retail Tobacco Permit, paragraph 1, line 1, delete the words attorney and
Page 2, under 3. Request for 2008 Retail Tobacco Permit, paragraph 2, #5, change the word state to the words Barnstable County Department of Health and Environment
Page 3, under 5. Bodywork Permit, paragraph 2, line 2, change the words massage therapy to Body Work, and on line 1, change the date 2009 to 2008/2009
Page 3, under 7. Vito Marotta, line 1, change the date 2008 to 2008/2009
Page 4, under DISCUSSION, 1. Draft Nail Salon Regulation, paragraph 1, add – Extensive discussion requiring tight tank requirements
Page 4, under DISCUSSION, 5. Mobil on the Run, line 2, change the words last Sunday to on Sunday, 11/02/08 and add the sentence Follow-Up inspection was performed by Veronica Warden.
Burton Kaplan moved that the Board approve as corrected the BOH Public Session minutes of 11/12/08. Kalliope Egloff seconded the motion. All approved.
3. Request for Review of Definitive Plan: South Cape Village
Mashpee Investors, LLC submitted a Definitive Plan of property located in Mashpee, MA for approval as a subdivision as allowed under the requirements of the Subdivision Control Law and the Rules and Regulations Governing the Subdivision of Land of the Planning Board in the Town of Mashpee.
Glen Harrington stated that he had no comments regarding the application for approval of the Definitive Plan.
A motion was made, seconded and passed to approve as submitted the Application for Approval of Definitive Plan from Mashpee Investors, LLC.
4. FY 2010 BOH Budget - FYI
- Glen Harrington reported that there is discussion about pooling the Town cars for use by the various Town departments. Glen Harrington’s concern about this arrangement is as to who is going to be responsible for gas and repair of vehicles. Currently, each department has funds earmarked for gas and vehicle repair of the vehicle assigned to them.
- Veronica Warden stated that the Town is doing everything possible to avoid layoffs, and that establishing a four-day work week is still in the discussion stages.
- Veronica Warden commented that the BOH area of responsibility is not decreasing as a result of the economic downturn, but is, in fact, increasing. New restaurants are still opening, the existing restaurants are still in business, and the surface water quality is getting worse, all of which means that BOH staff time for inspection requirements will not diminish.
OLD BUSINESS
No old business.
DISCUSSION
1. Draft Nail Salon Regulation
Discussion of the Draft Nail Salon Regulation was continued to the BOH meeting on 01/14/09.
2. Recycling Regulation and Enforcement
Glen Harrington distributed copies of the Recycling Regulation draft for the Board’s review, and stated that he has more changes to be made to the document. Discussion of the regulation was continued to the January 14, 2009 BOH meeting.
3. FYI – Smoking Rates in Mashpee
Glen Harrington distributed copies of a report from the MA. Health & Human Services Dept. of Public Health titled Massachusetts Youth Smoking Rates Decline. Governor Patrick’s administration investment in tobacco prevention and control is cited in the report.
4. 520 CMR 7.00 - Trench Safety Regulation
Glen Harrington stated that he had talked to Rich Stevens, the Town Building Commissioner, and was told that adoption of this regulation has been put off until June 2009. Glen Harrington stated that the State has said that there has to be a trench permit, and that the permits will be issued by the Building Department. The regulation includes trenches for septic systems and for utilities. The regulation requires that trenches must be dug by competent persons who are to be trained according to OSHA standards.
The next BOH meeting was scheduled for Wednesday, January 14, 2009, at 7:00 PM, Town Hall.
As there was no further business, the meeting was adjourned at 9:50 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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