Town of Mashpee
Board of Health – Public Session
Minutes of Meeting
July 8, 2009
Board Members Present: Chairman Burton Kaplan, Co-Chairman Kalliope Egloff, Clerk Lucy Burton
Also Present: Glen Harrington, Health Agent
Mr. Kaplan called the meeting to order at 7:04 pm.
APPOINTMENTS
7:15 – Kristy Kay & Brad Snyder – 93 Bluff Avenue – BOH Variance
Kristy Kay was present to discuss the purchase of 93 Bluff Avenue. Mr. Kaplan questioned why the seller was not handling the issue to which Ms. Kay noted that it was not disclosed to her that the cesspool required upgrading in order to transfer ownership. Within 36 hours of closing on the home, where the former owners are now renters, the new owners learned of the need to upgrade the cesspool and that the Board of Health and bank required the upgrade prior to the closing. The home was listed for sale in “as is” condition so the buyer assumed all risks. Mr. Kaplan further stated that the seller had a responsibility to reveal the information. Mr. Kaplan noted that the bank is seeking engineered plans, escrow of funds and test results. Ms. Kay stated that the lot was recently
surveyed and a soil and perk test were completed. Engineer Dan Johnson will be presenting a plot plan to the Conservation Commission. An estimate has been received from Ron’s Excavating and 1 ½ times the cost of upgrading the system has been escrowed with Boston Private Bank. Ms. Kay does not plan to tear down the structure but update the home cosmetically. Mr. Kaplan questioned the need for a one year completion date to which Ms. Kay responded that further approvals are needed from Conservation and that she anticipated the septic system completion date to be November. Mr. Harrington stated that he expects to receive the plans in the next week and would expect a BOH decision in one or two meetings. Conservation Commission review may take longer depending upon objections and whether or not it is a tear down/rebuild. Mr. Harrington feels that 3 months for permitting would be reasonable, allowing an additional 3 months installation
for a total of 6 months. The current structure is a one story, 1100 square foot 4 bedroom cottage with no heat and outdated wiring and Ms. Kay hopes to add a second floor or addition. Current floor plans are not on file but the Building Inspector counted the rooms during the inspection. The best location for the septic system has been identified in a back portion of the property, further from the coastal bank and current cesspool.
Motion made by Ms. Burton to approve an Enforceable Agreement for 93 Bluff Avenue for a variance to install a new septic system after transfer of ownership with a timeframe of 6 months from today for the Certificate of Compliance to be issued. Motion seconded by Ms. Egloff. All voted unanimously.
7:30 – Steven & Lucinda Adams – 370 Monomoscoy Road – BOH Variance
Lucinda and Steven Adams addressed the Board with their request seeking a permit for a Title V inspection for land that they are purchasing at 370 Monomoscoy Road. Mr. Harrington clarified that the Title V inspection is not needed because the Enforcement Agreement is completed in lieu of the inspection. Mr. Kaplan questioned the Adams’ plans for engineering the new system. Ms. Adams responded that Cape & Islands Engineering had drafted an approved septic design in 1995 but never installed it. Mr. Harrington confirmed that a permit was never pulled by the current homeowner. Mr. Harrington also indicated that the plan is still current but the Board’s approval on 8/17/95 was valid for only 3 years. Regarding variances, Mr. Harrington confirmed that there were variances. Ms. Burton questioned the Adams’ plans to keep the two homes. Ms. Adams responded that the two homes would remain but, after consulting the Building Inspector, would require a renovation with some alterations,
but remaining in the current footprint of the structures. Mr. Kaplan and Ms. Burton questioned why the Adams’ are requesting a one year completion date. The owners intend to begin work immediately and were advised that remaining within the footprint of the current structures would grandfather them from some Zoning Board variances. Ms. Adams indicated that the closing is scheduled for July 31, 2009. The septic tank will be replaced. Mr. Kaplan asked if a draft is available for the agreement and noted that there are some examples on file. Mr. Kaplan questioned if the Adams’ were amenable to a 6 month period, to which they agreed. Mr. Harrington planned to recommend 90 days with one extension to 180 days, but dependant upon whether or not it would be a tear down. Mr. Harrington also planned to request floor plans of the existing cottages, before and after renovations, because the plans are not currently on file.
Board members discussed their preference not to offer extensions although Ms. Egloff supported Mr. Harrington’s recommendation. Mr. Adams expressed concern about the possibility of having to replace the slab foundations, if required by the Building Inspector, and how that possibility might affect the septic installation. Ms. Adams added the possibility of needing to increase the height by 6 feet to a 12 foot elevation due to Conservation requirements. Board members discussed the possibility of the project being considered a tear down. Ms. Adams consulted with the Building Inspector regarding elevating the structure which he then described as a renovation/rehab within the same footprint. The Adams questioned at what point the septic should be installed to which Mr. Harrington responded that the installation of an H20 system could be installed prior to construction because it would not be damaged by heavy equipment vehicles.
Motion made by Ms. Burton to allow the property at 370/370 A Monomoscoy Road to upgrade the septic system after the closing of the property with an Enforceable Agreement and that the deadline will be 6 months from today with no extensions and subject to submittal of floor plans for both cottages. Motion seconded by Ms. Egloff. All voted unanimously.
7:45 – Barbara Nadeau – 15 Jeanne Avenue – BOH Variance
Mr. Harrington indicated that he was contacted by Barbara Nadeau, who intended to purchase the property. Mr. Harrington pointed out the appropriate forms online and assisted her with wording for the cesspool variance, but he never received any paperwork. Ms. Nadeau did not appear for her scheduled appointment.
NEW BUSINESS
1. Sign Warrants: Members of the Board signed two warrants.
2. Approve Public Session Minutes: 6/24/09
Wording on page one of the minutes were discussed and altered regarding review of the conditions identified for the site review committee. Additionally, wording was changed to reflect that Town Counsel requested the Board of Health impose the two conditions. On page 2, regarding the 7:35 appointment, five variances, not waivers, were requested and details of the variances were clarified. At 7:45, Daniel Ojala was changed to Arne Ojala and the sewer absorption system was changed to soil absorption system. On page 3, #7 it was clarified that the Pow Wow took place on July 3, 4 and 5 and the correct spelling of Kathleen Miranda was noted. The #8 was a temporary food permit application. The correct date for #9 was July 2. Name spellings were corrected in #11. On page 4, #12 it was
noted that money being returned to the town was for temporary food vending events. On page 5, wording was adjusted and it was clarified that the Board of Health would generate a form letter. The Board discussed the creation of Mr. Kaplan’s spreadsheet, in conjunction with the DPW, to better track each hauler on a monthly basis. Board members agreed on the value of streamlining the information to a one page document. Returning to the minutes, it was clarified in Old Business that the notebook does not contain a mission statement, not the Board of Health. It was also noted that AECOM is spelled with all capital letters.
Motion made by Ms. Egloff to accept the minutes from 6/24/09 as corrected. Motion seconded by Ms. Burton. All voted unanimously.
3. Review & Approval: Draft Manufactured Housing Regulation
Board members reviewed the most recent version of the Regulation. Board members also discussed and expressed concern about above ground oil tanks on the properties and the responsibility of payment in the event of a spill. The Board discussed changes made since the last review of the draft and additional revisions were made to the document.
4. Review & Approval: Draft Recycling Regulation
Mr. Harrington suggested discussion about information received from Ms. Egloff’s father as well as details from the Refuse and Recycling Workgroup, specifically sharing Catherine Laurent’s information regarding a viable refuse solution. It was determined that the Board would like to discuss these details outside of discussion about the draft Recycling Regulation. Mr. Kaplan suggested that single stream recycling, as is planned in Boston, would significantly increase recycling efforts in Mashpee. Ms. Laurent has indicated that the town earns more money when the material is sorted in New Bedford, but Mr. Kaplan would like more details about the costs. Mr. Harrington responded that Mashpee receives more money if the town sorts the recyclables. Mr. Harrington also pointed out that any
loss in money could be made up in increased volume should recycling efforts be increased. Mr. Harrington indicated that he and Ms. Burton could make the recommendation that the Mashpee Transfer Station be converted to single stream recycling at the next work group meeting. Ms. Burton added that the town of Easton has a recycling program that may be a good fit for Mashpee.
Mr. Harrington distributed the most recent draft of the Recycling Regulation, which will be discussed at another time. At the last Solid Waste Workgroup, Ms. Laurent shared information about the Easton program. Mr. Harrington will provide copies to Board members. Easton identified a preferred hauler through a bid process. The town manages all billing and accounts for residents who use only this preferred hauler for curbside trash and recycling. Due to the large number of customers, the town was able to acquire a reduced rate, but other haulers are still allowed to operate in town. The Easton program features a 5 year contract with a 64 gallon trash cart and recycling bins provided to each account. The yearly cost is $260. Ms. Egloff questioned the usage of the Transfer
Station to which Mr. Harrington responded that hours at the Transfer Station would be reduced, resulting in likely cost reductions. Ms. Egloff questioned what would make curbside pick up the most attractive option since the current cost of a Transfer Station sticker is $85. Ms. Burton noted that the current sticker is $85 but the cost will increase to $125 next year, with costs continuing to increase. Mr. Kaplan questioned the status of condo units to which Board members responded that condos would not be included within the multi family regulations. With costs increasing at SEMASS, Mr. Kaplan questioned whether there were other options available. Board members responded that the Bourne landfill offers another option at a significantly lower cost. Mr. Harrington indicated that the option has been considered but concern has been expressed regarding the investment in the Upper Cape Regional Transfer Station and the railroad. Board members
indicated that the cost for curbside, as in the Easton model, is not unreasonable and far more competitive than if the town offered the service.
Ms. Egloff’s father sent an email to the Board regarding the costs to Mashpee of recycling and his concern that Mashpee does not make it easier for businesses to recycle, making it more convenient for businesses to throw their recyclables in the trash. Ms. Burton shared information about Bourne where recycling bins and pick up are offered to businesses at no additional charge. It was noted that Mashpee business owners can not drop off recyclables in town if they are not residents of Mashpee. Mr. Harrington recommended that businesses be offered a model such as the system being used in Easton. Mr. Kaplan questioned the town’s support for improving recycling efforts to which Mr. Harrington indicated that the workgroup would be presenting to the Board of Selectmen on August 3. The
Regulations are on hold until the workgroup makes its recommendations to the Board of Selectmen. Mr. Harrington will bring commercial business concerns regarding recycling to the workgroup.
5. Request for Temporary Food Permit & Fee Waiver: Mashpee Open Market, Iris Monroe
Board members reviewed the application and questioned the use of distilled water and limited use of hazardous foods. The applicant has received her Certified Food Manager Certificate (CFM). Mr. Harrington recommended charging a one time fee of $50 which was the fee charged for a previous temporary food permit. Ms. Egloff questioned food being sold outside and the need for food being covered. Mr. Harrington responded that the food needs to be covered to protect from dust either in a display case or with plastic wrap.
Motion made by Ms. Egloff to offer a one time seasonal fee of $50 for Iris Monroe Cutie Pies, Providence, RI for the Mashpee Open Market and approve her application subject to the Health Agent inspection. Motion seconded by Ms. Burton. All voted unanimously.
6. Request for 2009 Food Establishment Permit: Simmer, formerly Heather
Motion made by Ms. Burton to add Simmer to the agenda. Motion seconded by Ms. Egloff. All voted unanimously.
The applicant has requested a name and management change. CFM certificates have been provided for two people.
Motion made by Ms. Burton to approve the 2009 Food Establishment Permit . . . TAPE ENDED for Simmer pending Health Agent Inspection. Motion seconded by Ms. Egloff. All voted unanimously.
7. Request for Temporary Food Permit: Zoe’s for Mashpee Commons Event at Sandcastles Weekend Program
Motion made by to add Zoe’s to the agenda. Motion seconded. All voted unanimously.
The applicant is requesting a temporary food permit for an event taking place during the upcoming weekend. Pizza and sodas are the only items that will be sold. The fee is paid.
Motion made by Ms. Burton to approve the Request for Temporary Food Permit for Zoe’s pending Health Agent Inspection. Motion seconded by Ms. Egloff. All voted unanimously.
OLD BUSINESS
DISCUSSION
Motion made to adjourn at 9:45 pm.
Respectfully submitted,
Jennifer M. Clifford
Board Secretary
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